looks like they figure their opinion is good enough to warrant changing AC (alaska code.."law" in other words) just 'cause of who they are... not that there aren't lots of other advisory councils that are supposed to have equal input in the eyes of the BOG.. whether or not one might agree with them is irrelevant when you consider the sheer audacity required to make a proposal like this...
Anchorage Advisory Committee
February 21, 2009
Chairman Aaron Bloomquist
Boards Support Section
Alaska Department of Fish and Game
PO Box 115526
Juneau, AK 99811
RE: Agenda Change Request
Members of the Board of Game
The Anchorage Advisory Committee; upon submission of this written
request consistent with 5AAC.92.005 (2), seeks emergency exception
consent of the Board to accept and change the agenda to consider the
Anchorage Advisory Committee’s petition.
On February 3ed 2009, the full committee (13 members) of the
A/C voted unanimously to move by written request a petition to the
Board of Game requesting support for amending AC 16.05.407 “Non
residents hunting big game must be accompanied” for consideration and
public deliberation at the upcoming meeting of the Board of Game
meeting February 27– March 9, 2009.
In light of the public purpose and duties of the Board of Game and
Commissioner of the Department of Fish and Games statutory charge to
manage, protect, maintain, improve the wildlife resources of the
state, orders can be issued to protect a sustained yield based on
conservation concerns. We believe the BOG can provide “support” for
and advance a proposed amendment to AC 16.05.407.
Recently, just before the statewide hiring freeze was announced by
Governor Palin, two key people; Corey Rossi, Assistant Commissioner
for Abundance Management and XX , were hired to enhance the statutory
duties of office of the Commissioner of Fish and Game and this Board.
The timing of these hiring’s make evident this Administration is
committed to measures that enhance efficient and cost effective tools
consistent with managing for abundance. Obviously, the Administration
and the Department is best positioned to take what ever steps
necessary to amend AC 16.05.407 invariable with current conservation
concerns; especially in particular areas of concern.
The Boards support of the Anchorage Advisory Committees petition is
critical if the Administration and the Department can be prompted to
take immediate action.
As stated by Assistant Commissioner Rossi in his compass piece in the
Anchorage Daily News February 21, 2009 “…While some techniques are
more controversial than others, all are management tools and should
The Anchorage A/C is of the opinion that our request for the agenda
change and Board support of our petition to be sensibly ‘less’ than
controversial than some proposals before the Board and represents a
proper management tool.
Under AS 44.62.220 ‘…if the petition is for an emergency regulation,
and the agency finds that an emergency exists, the agency may submit
the regulation to the lieutenant governor immediately after making
finding of emergency and putting the regulation into proper form.’
the proposed amendment of AC 16.05.407 may not constitute an
‘emergency’ it is unmistakable that out petition is presented in the
proper venue and form and the purpose of the petition can be
accomplished without nuisance and is necessary and appropriate.
Furthermore, the Anchorage A/C’s petition may not rise to the level
a petition dealing directly with subsistence hunting issues, however,
the Boards evaluation of our request should not overlook the state
policy expressed in AS 44.62.270.
Clearly, nothing is unforeseen or unexpected by any failure to lessen
the threat to the abundance of prey populations in the areas of
concern where a biologically allowable resource harvest has been
Amending AC 16.05.407 now precludes further delay of a regulatory
action that has been frustrated by the special interest of the
commercial hunting industry in past Board and legislative cycles.
Such delay has already become significantly burdensome to the State.
The state is forgoing tag fees and incurring other immeasurable costs
associated with the need for predator control and the resource
diminished in areas of concern clearly defined by previous Board and
Amending AC 16.05.407 “Non residents hunting big game must be
Considering the economic downturn and the actual cost to the State in
dealing with predator issues in critical areas and the danger of the
already defined areas of deficiency it is determined to be entirely
consistent with managing for abundance to encourage unaccompanied
nonresident hunting of predators; particularly in areas of concern.
The Department and the BOG identified the following areas of specific
concern as predator control areas. 201, 202, 301, 302, 303. In
addition to those specific areas, and in an attempt to backstop the
need for additional predator control programs in the future, the
Department and the BOG have focused the Departments authority to make
‘exceptions’ for ‘0’ sum resident tag fees for grizzly and brown
and liberalized resident brown/grizzly bear seasons and harvest bag
limit regulations in other areas; all due to declining prey
populations and the intent of intensive management goals to manage
prey species for abundance.
In addition to amending AC 16.05.407 to allow nonresident to hunt
brown/grizzly bears unaccompanied the Anchorage A/C intends the
amendment to apply to military and their dependents permanently
stationed in Alaska. Military and their dependents permanently
stationed in Alaska and by way the proposed amendment should be
permitted to hunt brown/grizzly bears in any game management unit.
unlike the ‘second degree of kindred by blood or marriage’ exception
to AC 16.05.407 applies to any nonresident hunting brown/grizzly
in any game management unit where hunting is permitted.
The Anchorage A/C believes amendment of AC 16.05.407 fits squarely
inside the definition of ‘the public interest’ and represents the
maximum benefit to the people of Alaska.
The amendment to AC 16.05.407 does not preclude non-residents from
hiring the service of a registered guide to hunt brown/grizzly bears.
Clearly, Alaska’s justification to impose legally permissible
discrimination represented by AC 16.05.407 has not been tested on
constitutional grounds. However, as many know, there is more than one
Attorney Generals opinion that the ‘special exceptions’ swirling
around AC 16.05.407 may not pass the test should the question of law
be asked for the courts to decide.
Nonresidents hunt brown and grizzly bears throughout Alaska with
residents that meet no other qualification other than being a
Nonresidents and residents that meet no other qualification than
residents are obligated to be familiar with state conservation laws.
Spike-fork, 50”, 3 brow tines, 4 brow tines, ‘bull’ only, sows
Non-residents hunt other big game including black bears and in the
presence of dangerous game; unguided. Non-residents fish with bears,
photograph bears, hike and camp with bears ect.; all either unguided
or in the presence of a ‘guide’, often without the ‘guide’ meeting
state sanctioned occupational guide licensing standard whatsoever.
Nonresidents who have achieved Alaska’s professional occupational
standards of a ‘registered’ guide are not permitted to hunt grizzly/
brown bear, goats or sheep unless accompanied and under contract with
a guide and could be technically ‘guided’ by an ‘assistant’ guide who
by definition has not met the standard of a ‘registered’ guide and
himself be a ‘nonresident assistant guide’.
Nonresidents participate in all activities under the sun in Alaska.
They engage in outdoor activities regularly, often without guides and
in all environments throughout Alaska including; natural hazards of
rugged terrain and inclement weather.
AC 16.05.407 serves no biological or human management objective.
Nonresidents annual harvest totals are approximately:
• 65% of the brown/grizzly bears
• 50% of the black bears
• 45% of the sheep
• 30% of the goats
• 9% of the moose
• 6% of the caribou
AC 16.05.407 continues to encourage untold numbers of non-resident
hunters to hunt moose, caribou and deer primarily due to the
additional costs of hunting brown/grizzly bears under contract of a
AC 16.05.407 continues to cost the State untold income in the way of
brown/grizzly ‘tag’ fees and contributes to the imbalance of predator
prey populations throughout every game management unit where brown/
grizzly bears are hunted by the commercial guide industry.
Management for abundance and managing the resources generally must
It is well known Alaska is experiencing depletion of our resources
it is not entirely due to predators. The competition to exploit the
remaining resources and opportunities has predictably escalated in
true fashion of the ‘tragedy of the commons’. Even in identified
of specific concern’ prey species are hunted by the commercial
industry if the hunting has not been outright closed except to
It appears inconsistent to declare stocks of critical concern are
threatened and not consider the reality of
discouraging non-residents from hunting bears unguided.
Including, barring nonresidents from purchasing a bear tag to have
while in the field hunting other game. Or liberalizing harvest bag/
limits on brown/grizzly bears for residents. To get to the point of
considering same day airborne taking of brown/grizzly bears as well
private or commercial use of helicopters to be among other legitimate
issues raised to address declines in critical stocks without serious
consideration of the true purpose and effect of AC 16.05.407 seems
unreasonable and inconsistent to the members of the Anchorage A/C.
It is the position of the Anchorage A/C that it is consistent with
obligation to manipulate natural systems for the benefit of people
including; "measures to enhance, extend, and … provide for higher
levels of human harvest, including control of predation…” that the
overall best interest of the State is served by the purpose of
amending AC 16.05.407 by what ever means the Department and the
Administration find necessary.
It is requested the BOG support and advance a proposed amendment to
Chairman, Anchorage Fish and Game Advisory Committee
Commissioner Denby Lloyd
All Alaska A/C’s