Alaska State Laws and Haines Borough Ordinance Regarding Bears

 

Alaska State Statutes and Administrative Code Related to Bears

Excerpts

 

Sec. 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game.

(a) Except as provided in (e) of this section, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish or game by

(1) placing one's self in a location in which human presence may alter the

(A) behavior of the fish or game that another person is attempting to take or view; or

(B) feasibility of taking or viewing fish or game by another person; or

(2) creating a visual, aural, olfactory, or physical stimulus in order to alter the behavior of the fish or game that another person is attempting to take or view.

(b) For purposes of (a) of this section, "lawful" means

(1) in compliance with

(A) this title, regulations adopted under this title, or applicable federal statutes and regulations;

(B) the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or

(C) federal regulations adopted under 16 U.S.C. 3111 - 3126 relating to subsistence hunting, fishing, or trapping on federal land; and

(2) with the permission of the private landowner if the hunting, fishing, trapping, or viewing of fish or game occurs on private land.

(c) Notwithstanding AS 12.25, only a peace officer may arrest a person for violating this section. A peace officer who has probable cause to believe that a person has violated this section may arrest or cite the person or order the person to desist.

(d) In a prosecution under this section, it is an affirmative defense that the person was lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish or game.

(e) This section does not apply to

(1) lawful competitive practices among persons engaged in lawful hunting, fishing, or trapping;

(2) actions taken on private property with the consent of the owner; or

(3) the obstruction or hindrance of the viewing of fish or game by a person actively engaged in lawful fishing, hunting, or trapping.

(f) A person who violates this section is guilty of a misdemeanor and is punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.

 

5 AAC 92.230. Feeding of game

(a) Except as provided in (b) of this section or under the terms of a permit issued by the department, a person may not 


(1) negligently feed a moose, deer, elk, sheep, bear, wolf, coyote, fox, wolverine, or deleterious exotic wildlife, or negligently leave human food, animal food, mineral supplements, or garbage in a manner that attracts these animals; 


(2) intentionally feed a moose, deer, elk, sheep, bear, wolf, coyote, fox, wolverine, or deleterious exotic wildlife, or intentionally leave human food, animal food, mineral supplements, or garbage in a manner that attracts these animals. 


(b) The prohibitions described in (a) of this section do not apply to the use of bait for trapping furbearers or deleterious exotic wildlife, or hunting black bears under 5 AAC 92.044, or hunting wolf, fox, or wolverine with bait as described in 5 AAC 92.210, and elsewhere under 5 AAC 84 - 5 AAC 92.

 

 

5 AAC 92.410. Taking game in defense of life or property (DLP)

(a) Nothing in 5 AAC prohibits a person from taking game in defense of life or property if 


(1) the necessity for the taking is not brought about by harassment or provocation of the animal, or by an unreasonable invasion of the animal's habitat; 


(2) the necessity for the taking is not brought about by the improper disposal of garbage or a similar attractive nuisance; and 


(3) all other practicable means to protect life and property are exhausted before the game is taken. 


(b) Game taken in defense of life or property is the property of the state. A person taking game under this subsection shall immediately 


(1) salvage and surrender to the department the 


(A) hide and skull of a bear, completely removed from the carcass, and including all attached claws; 


(B) hide and skull of fur animals or furbearers; 


(C) meat and antlers or horns of ungulates; 


(D) meat of all other game not specified in (A) - (C) of this paragraph; 


(2) notify the department of the taking; and 


(3) submit to the department a completed questionnaire concerning the circumstances of taking of the game within 15 days after taking the game. 


(c) As used in this section, "property" means 


(1) a dwelling, permanent or temporary; 


(2) an aircraft, boat, automobile, or other conveyance; 


(3) a domesticated animal; 


(4) other property of substantial value necessary for the livelihood or survival of the owner.

 

Haines Borough Code  

 

Chapter 8.20
BEAR ATTRACTION NUISANCE

Sections:

8.20.010    Definitions.

8.20.020    Unlawful acts.

8.20.030    Enforcement.

8.20.040    Fines.

8.20.010 Definitions.

The terms and phrases used in this chapter shall have the following meanings:

A. “Bear attraction nuisance” means, except as otherwise provided in this section:

1. More than one-half gallon of any putrescible waste, including packaging or other surfaces to which the material is adhered;

2. “Bear attraction nuisance” does not include:

a. Material in a certified landfill;

b. Manure or sewage;

c. Material in a garbage can temporarily placed outside for purposes of collection after 4:00 a.m. on a day scheduled for collection;

d. Material completely enclosed in a structure or container which requires hands or tools to open.

B. “Garbage can” means a watertight, odor-free, corrosion-resistant container equipped with a tight-fitting cover secured so as to remain in place if the can is knocked over.

C. “Person in control” means a tenant or an agent, superintendent, or other owner’s representative.

D. “Property” means developed or undeveloped real property, including any apartment house, mobile home park, planned unit development, or other multifamily development.

E. “Putrescible waste” means organic materials prone to degrade rapidly, giving rise to obnoxious odors, including foods or animal parts, which is capable of being decomposed by microorganisms. (Ord. 10-09-240 § 4)

8.20.020 Unlawful acts.

Within the Haines townsite area, no owner or person in control of property shall cause or allow the creation or maintenance of a bear attraction nuisance on that property or any adjacent right-of-way. Except as otherwise provided for in this chapter, the property owner and the person in control of the property may both be liable for a violation of this chapter concerning the same unlawful act. The unlawful act involves not only the creation of a bear attraction nuisance but allowing the offense to continue. (Ord. 10-09-240 § 4)

8.20.030 Enforcement.

This chapter shall be enforced by the police department or by other employees authorized by the borough manager. Whenever a bear attraction nuisance is found on property in violation of this chapter, the officer or authorized employee shall issue a citation stating the nature of the offense and the date and time for a court appearance. (Ord. 10-09-240 § 4)

8.20.040 Fines.

A. Each person who owns and/or is in control of property that creates, maintains, or permits a bear attraction nuisance on the property shall be charged with an infraction and subject to a fine as set forth in HBC 1.24.010.

B. Each and every day during any portion of which a violation or failure to comply is committed, permitted, or continued, shall be treated as a separate offense, and subject the offender to separate charges and a fine as provided in subsection (A) of this section. (Ord. 10-09-240 § 4)