REGULATIONS RESPECTING GAME ANIMALS, FUR ANIMALS, GAME BIRDS, NONGAME BIRDS, AND GAME FISHES IN ALASKA

[As issued by the Secretary of the Interior on May 15, 1944 (9 F. R. 5270), as last amended May 1954 and published in the Federal Register, effective July 1, 1954]

GENERAL REGULATIONS

[Title 50-Wildlife, Chapter I, Subchapter E, Part 46, of the Code of Federal Regulations of the United States of America.]

DEFINITIONS

§ 46.1 Meaning of terms. For the purpose of the regulations in this subchapter the following shall be construed, respectively, to mean:

§ 46.2 Commission. The Alaska Game Commission.

§ 46.3 Territory. Territory of Alaska.

§ 46.4 Indians. Natives of one-half or more Indian blood. $46.5 Eskimos. Natives of one-half or more Eskimo blood.

§ 46.6 Take. Taking, pursuing, disturbing, hunting, capturing, trapping, or killing game animals, fur animals, game or nongame birds, or game fishes; attempting to take, pursue, disturb, hunt, capture, trap, or kill such animals, birds, or game fishes, or setting or using a net, trap, or other device for taking them, or collecting the nests or eggs of such birds, unless the context otherwise requires. Whenever the taking of animals, birds, or nests or eggs of birds, or game fishes is permitted, reference is had to taking by lawful means and in lawful manner.

§ 46.7 Open season. The time during which animals, birds, or game fishes may lawfully be taken. Each period of time prescribed as an open season shall be construed to include the first and last days thereof. Whenever the word year is used in these regulations it shall mean the year from July 1 to June 30 of the following year.

§ 46.8 Closed season. The time during which animals, birds, or game fishes may not be taken.

§ 46.9 Transport. Shipping, transporting, carrying, importing, exporting, or receiving or delivering for shipment, transportation, carriage, or export, unless the context otherwise requires.

§ 46.10 Big game animals. Deer, moose, caribou, elk, mountain sheep, mountain goat, bison, muskox, and the large brown, grizzly, and black bears.

§ 46.11

Small game animals. Hare and rabbit.

§ 46.12 Fur animals. Beaver, muskrat, marmot, raccoon, pika, squirrel, fisher, fox, lynx, marten or sable, mink, weasel or ermine, sea otter, land otter, wolverine, coyote, wolf, and polar bear, excepting therefrom domestically raised animals. Fur animals which have escaped from captivity and which are not recaptured within a period of 30 days after the discovery of the escape shall be deemed to have reverted to a natural and undomesticated state.

§ 46.13 Game birds. Anatidae, commonly known as waterfowl, including ducks, geese, brant, and swans; Haematopodidae, Charadriidae, Scolopacidae, and Phalaropodidae, commonly known as shorebirds, including oyster-catchers, plovers, sandpipers, snipe, curlew, and phalaropes; Gruidae, commonly known as cranes; and the several species of grouse and ptarmigan, and such other birds as have been or may hereafter be transplanted, introduced, or reintroduced into the Territory, or any part thereof, and found and declared by the Secretary to be game birds.

§ 46.14 Nongame birds. All wild birds except game birds.

§ 46.15 Game fishes. Rainbow, steelhead, cutthroat, Mackinaw or lake trout, eastern brook, and Dolly Varden trout, and grayling, and such other fishes as the Secretary may declare, from time to time, to be game fishes.

§ 46.16 Resident. A citizen or national of the United States who has maintained a bona fide residence in the Territory for a period of twelve months, three years in the case of trapping, immediately preceding his claim for resident hunting, trapping, fishing, or other privileges, or a foreign-born person not a citizen or national of the United States who has declared his intention to become a citizen of the United States, and who has resided in the Territory for the required period, shall be considered a resident; but if such a foreign-born person shall not have been admitted to citizenship within seven years from the date he first declared his intention to become a citizen, he shall thereafter be deemed to be an alien until admitted to citizenship. Accumulated periods of residence in Alaska while engaged in seasonal activities do not qualify for resident privileges.

§ 46.17 Nonresident. A citizen or national of the United States who has not maintained a bona fide residence in the Territory for a period of twelve months or for the extended period of three years, as the case may be, immediately preceding his claim for resident privileges, shall be considered a nonresident. § 46.18 Alien. Any person not a citizen or a national of the United States and who is not a resident or a nonresident of the Territory, as defined herein. § 46.19 Camp. An erected structure providing overnight shelter and equipped with bedding and messing facilities for the occupants.

§ 46.20 Seasonal bag limit. Greatest number of a species permitted to be taken in any area for which a limit is prescribed.

$ 46.21 Highway. Any road supported or maintained with public funds. § 46.24 Fur districts. The eight geographical divisions of Alaska (fig. 1) described as follows:

Fur District 1: All of southeastern Alaska from Dixon Entrance to Cape Fairweather and along longitude 138° to the international boundary.

Fur District 2: That part of southern Alaska draining to the Gulf of Alaska and Cook Inlet, beginning with the western boundary line of fur district 1 and following longitude 138° from Cape Fairweather to the international boundary and along this boundary to Mount St. Elias; thence following the summit of the Chugach Range to the head of Miles Glacier; thence down the center line of said glacier to the center of the C. R. & N. W. Railway bridge across the Copper River at mile 49; thence up the center line of Childs Glacier to its summit; thence along the divide through Marshall Pass and Thompson Pass; thence along the divide to Tahneta Pass; thence along the divide separating the waters of the Matanuska River from the Nelchina River and the Talkeetna River from the Oshetna River; thence along the divide separating the waters of the Oshetna River from Kosina Creek to and across the Susitna River at a point 4 miles northwest of the mouth of Goose Creek; thence along the divide separating the waters flowing northwest into the Susitna River from those flowing southerly into the Susitna River; thence following said divide separating the waters flowing north into the Nenana River from those flowing southerly into the Susitna and Chulitna Rivers and across Broad Pass and the Alaska Railroad at mile 308; thence along the divide separating the waters flowing south into the Chulitna River from those flowing north into Cantwell Creek and the Nenana River to the summit of the Alaska Range; thence along said summit through Rainy Pass to Merrill Pass; thence along the summit of the Chigmit Mountains, separating the waters flowing easterly into Cook Inlet from those flowing westerly into the Kuskokwim River and Bristol Bay, to its intersection with the old portage from Kamishak Bay to Kakhonak Bay on Iliamna Lake; thence along said portage to Kamishak Bay. Fur District 3: Consisting of the Aleutian Islands, Unimak Island, Amak Island, all the islands lying south of the Alaska Peninsula, the Kodiak-Afognak islands group, the Barren Islands, Augustine Island, and the Alaska Peninsula from False Pass to the mouth of Reindeer Creek, thence following said creek and a line to the center of Aniakchak Crater, and including that part of said peninsula consisting of the drainage to the Pacific Ocean south of a line following the divide from the center of Aniakchak Crater to the old portage from Kamishak Bay to Kakhonak Bay; thence along said portage on the boundary of fur district 2 to Kamishak Bay.

Fur District 4: All the drainage to Bristol Bay, bounded on the south by the northern boundary of fur district 3, on the east by the western boundary of fur district 2, and on the north by a line beginning at Cape Newenham and extending along the summit of the divide separating the waters flowing northerly into Kuskokwim Bay and Kuskokwim River from those flowing southerly into Bristol Bay, to its intersection with the western boundary of fur district 2 at a point approximately 22 miles south of Merrill Pass.

296683°-54-2

Fur District 5: That part of western Alaska draining to Kuskokwim Bay, Bering Sea, Norton Sound, and Kotzebue Sound, bounded on the east by a line beginning at Cape Newenham and extending along the divide separating the waters flowing into Kuskokwim Bay and Kuskokwim River from those flowing into Bristol Bay and the Tikchik Lakes; thence along the divide separating the waters flowing into Tulasak River and Whitefish Lake from those flowing into the Aniak River and Swift Creek; thence to a point on the Kuskokwim River opposite the mouth of the first stream on the north bank above Ohagamut; thence across the Kuskokwim River and following the center of said first northbank stream above Ohagamut to its head; thence along the divide separating the waters of Paimute Portage flowing into Big Lake from those flowing into the Yukon River; thence to a point on the Yukon River 15 miles below Paimut Village; thence following down the south bank of the Yukon River to a point 5 miles below Dogfish Village; thence across the Yukon River to Mount Chiniklik; thence along the divide separating the waters flowing into the Stuyahok River from those flowing into the Kuyukutuk River; thence continuing along said divide separating the waters flowing easterly into the Yukon River from those flowing westerly into Norton Sound; thence continuing along said divide separating the waters flowing into the Koyukuk River from those flowing into Kotzebue Sound to the summit of the divide separating those flowing into the Colville River from those flowing into the Noatak River; thence westerly along the divide separating the waters flowing north into the Arctic Ocean from those flowing south into the Noatak and Kukpuk River to the coast of Cape Lisburne.

Fur District 6: All the water-shed of the Tanana River, the upper Copper River, part of the lower Yukon River, and the upper Kuskokwim River, bounded on the east by the international boundary, on the south by the northern boundaries of fur districts 2 and 4, on the west by the eastern boundary of fur district 5, and on the north by a line beginning at International Boundary Monument No. 146 and following the divide separating the waters of the north fork of the Ladue River from those of the Ladue River; thence along the divide separating the waters flowing northerly into the Yukon River from those flowing southerly into the Tanana River, through Far Mountain, Twelve Mile Summit, and Wickersham Dome; thence along the divide separating the waters flowing easterly into Beaver Creek from those flowing westerly into Hess Creek; thence along the divide separating the waters flowing southwesterly into Hess Creek from those flowing northerly into the Yukon River; thence along the divide separating the waters flowing southerly into Waldron Creek from those flowing northerly into the Yukon River, to the site of old Fort Hamlin ; thence across the Yukon River, to the divide separating the waters flowing northerly into the Dall River from those flowing southerly into the Ray River; thence along the divide separating the waters flowing northerly into the Kanuti River from those flowing southerly into the Yukon River; thence along the divide separating the waters flowing westerly into the Koyukuk River from those flowing southerly into the Melozitna River; thence along the divide separating those waters flowing into the Koyukuk River above the upper end of Treat Island from those entering below said point, to the Koyukuk River; thence across the Koyukuk River at the upper end of Treat Island and northwesterly along the divide separating the waters flowing easterly into the Hogatza River and Koyukuk River from those flowing southerly into the Koyukuk River, to the Cone Mountain; thence along the divide separating the waters flowing easterly into the Hogatza River from those flowing westerly into the Dakli River, to the intersection with the eastern boundary of fur district 5. Fur District 7: All the drainage to the upper Koyukuk and upper Yukon Rivers bounded on the east by the international boundary, on the north by the summit of the Brooks Range, on the west by the eastern boundary of fur district 5, and on the south by the northern boundary of fur district 6.

Fur District 8: The Arctic coast of Alaska, consisting of all the drainage to the Arctic Ocean north of the northern boundaries of fur districts 5 and 7.

LICENSES

§ 46.25 General provisions. No person shall take, possess, or transport game animals, wild fur animals (except wolves and coyotes), game birds, or game fishes, or purchase or sell wild fur animals or parts thereof, except as provided in section 46.81, inclusive, nor act as a guide in the Territory unless he is in possession of a valid license bearing his signature written in ink on the face thereof (if he is required by the Alaska Game Law or regulations of the

Commission thereunder to have such a license), and shall have his license on his person when taking such animals, birds, or game fish, or when acting as a guide and shall produce it for inspection by any enforcement agent or other person requesting to see it.

§ 46.26 Application. Each application for a license shall be made on the form prescribed by the Commission and if the application is made by mail it shall be accompanied by a bank draft or an express or postal money order payable to the Treasurer of the United States for the amount of the license fee.

$ 46.27 Exemption. No license shall be required of native Indians and Eskimos, or of residents under the age of sixteen.

FOR EMERGENCIES ONLY

§ 46.31 For emergencies only. An explorer, prospector, traveler, Indian or Eskimo may, when in need thereof and other sufficient food is not available, take animals, birds (except migratory birds), or game fishes in any part of the Territory at any time for food; but he shall not transport or sell any animal, bird, game fish or part thereof so taken; and an Indian or Eskimo may take, possess, and transport, at any time, auks, auklets, guillemots, murres, and puffins and their eggs for food, and their skins for clothing, for his own use and that of his immediate family.

FOOD FOR ANIMALS

§ 46.41 Using game as food for dogs or fur animals or as bait. No person is permitted to feed any game animal, protected bird, game fish, or part thereof, to a dog or to a fur animal held in captivity, except the waste parts, such as hides, viscera, and bones, or permitted to use any part of any game animal or game bird for bait.

ESCAPED ANIMALS AND BIRDS

§ 46.51 Fur animals and birds, return to wild state. Operators of licensed fur farms or game farms from which fur animals or game birds escape from captivity may conduct operations for the recapture of such escaped animals or birds through the use of legal trapping devices within a period of 30 days after the discovery of the escape. If such operations are conducted during the closed season on wild animals or birds of the same species, such operators shall immediately notify the nearest wildlife agent, in writing, of the numbers and kinds of escaped animals or birds, the kinds of devices being used in recapturing operations, and the locality where such operations are being conducted.

INSPECTIONS AND REPORTS

§ 46.56 General provisions. Each fur dealer, including Indian or Eskimo cooperative stores operated exclusively by and for native Indians and Eskimos, and stores operated by missions exclusively for native Indians or Eskimos, at all reasonable hours shall allow any member of the Commission, any enforcement agent, or any authorized employee of the United States Department of the Interior to enter and inspect the premises where operations are being carried on under the Alaska Game Law and the regulations thereunder, and to inspect the books and records relating thereto.

§ 46.57 Fur dealers. Each fur dealer shall keep records showing the number of each kind of furs purchased or procured, the persons from whom purchased and to whom they were sold, date of purchase or sale, name of trapper and his license number, and shall on or before 30 days after the expiration of his license make a written report to the Commission on a form prepared and furnished by it setting forth in full such data. The aforesaid stores shall also keep records of transactions and render reports similar to those required of fur dealers.

§ 46.58 Reports by hunters and trappers. Each person taking animals or birds in Alaska shall keep records to show the kind and number of each species taken, and on or before July 31 of each year shall make a written report to the Commission, of all game taken, on a form provided for that purpose; Provided, That each hunter taking a big-game animal south of the Alaska Range and Ahklun Mountains, shall report the taking of such animal within ten days of such kill on a card form provided for the purpose.

§ 46.61

TRANSPORTATION AND POSSESSION

General provisions. Animals, birds (but not including migratory birds), and game fishes, parts thereof, and articles manufactured therefrom,

and the nests and eggs of such birds taken in accordance with the regulations in this part may be possessed within the Territory at any time, by any person, and in any number and kind not limited by §§ 46.100 to 46.102, inclusive, §§ 46.126 to 46.128, inclusive, §§ 46.140, 46.141, 46.150, 46.155, and 46.156 and may be transported within and exported out of the Territory by any person at any time, except as provided in §§ 46.64 to 46.72, inclusive. Migratory game birds may be transported and possessed only in accordance with the Migratory Bird Treaty Act regulations.

§ 46.62 Marking of packages. No package containing such animals, birds, game fishes, parts thereof, articles manufactured therefrom, eggs, or nests, shall be possessed or transported unless it has clearly and conspicuously marked on the outside thereof the names and addresses of the consignor and consignee and an accurate and detailed statement of its contents and, if exported, the number and kind of permit as required by §§ 46.65 and 46.66.

§ 46.63 By fur dealers. No person who is a fur dealer shall possess or transport the skin of any wild fur animal, or part thereof, unless at the time of such possession or transportation he is licensed to carry on such business.

§ 46.64 Tagged beaver skins. No skins of beavers, whether taken within or without the Territory, shall be exported from Alaska until the same have been sealed with a seal prescribed by the Commission, or possessed or transported by any person until the same have been tagged or sealed with a tag or seal prescribed by the Commission; except that persons taking beaver within the Territory may possess the untagged or unsealed skins thereof, during the open season therefor and for 30 days thereafter, and within the same period may transport the same untagged or unsealed for the purpose of having them tagged or sealed by a Fish and Wildlife Service enforcement agent, or other officer authorized by the Commission.

§ 46.65 Export by resident. No resident shall export from the Territory any game animal or game bird, or part thereof, except in accordance with the terms of an export permit issued under the direction of the Executive Officer of the Commission. Such permit shall be obtained upon payment of the required fee from any Fish and Wildlife Service enforcement agent and from collectors of customs designated by the Commission, and the shipping tags furnished therewith shall be securely attached on the outside of each package in the shipment by the shipper at the point of origin and accompany it to final destination.

§ 46.66 Export by nonresident. No nonresident of the Territory, or alien, except one holding a valid hunting or trapping license, shall transport out of the Territory any game animal, or game bird, or part thereof, and a licensed nonresident or alien shall be permitted to export lawfully taken game birds and small game animals, and not exceeding one season's bag limit, as applied to nonresidents or aliens, of big game animals or polar bear; Provided, That before a nonresident or alien may transport any game animals, or game birds, or parts thereof, from the Territory, he shall obtain from any Fish and Wildlife Service enforcement agent or from collectors of customs designated by the Commission, a permit to export same (for which no additional fee will be charged), and the shipping tags furnished therewith shall be securely attached on the outside of each package in the shipment by the shipper at the point of origin, and accompany it to final destination.

§ 46.67 Bald eagles. No bald eagle, part, nest, or egg thereof may be exported to the United States or any of its territories except under permit authorized by the act of June 8, 1940.

§ 46.68 Evidence of sex and identity. No person shall possess or transport any mountain goat or mountain sheep unless the horns accompany such animals, nor shall any person possess or transport the carcass of any deer, moose, caribou, mountain sheep, mountain goat, bison, or elk, from which the sex organs have been removed, until such carcass has been cut and placed in storage for preservation at the location where it is to be consumed.

§ 46.69 Transportation of skins. Where skins of wild fur animals, black bear, hare or rabbit, or parts thereof are shipped out of the Territory, the shipper shall, if shipment is by express or freight, first deliver to the common, contract, private carrier, or their transportation agent at the point of shipment, or if by parcel post, to the postmaster at the point of mailing, a statement clearly showing the number and kind of skins in each shipment and declaring that no illegal skin or unsealed beaver skin is contained therein. Such statements shall be promptly forwarded to the Commission by the carrier, transportation agent or postmaster receiving them. Where such skins are transported out of the Territory by means other than express, freight, or parcel post, the person transport