Alaska Statutes

Alaska Stat. § 16.05.255 (2026)

Regulations of the Board of Game; management requirements

✓ current as of July 2026
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Sec. 16.05.255. Regulations of the Board of Game; management requirements.
 (a) The Board of Game may adopt regulations it considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for
     (1) setting apart game reserve areas, refuges, and sanctuaries in the water or on the land of the state over which it has jurisdiction, subject to the approval of the legislature;

     (2) establishing open and closed seasons and areas for the taking of game;

     (3) establishing the means and methods employed in the pursuit, capture, taking, and transport of game, including regulations, consistent with resource conservation and development goals, establishing means and methods that may be employed by persons with physical disabilities;

     (4) setting quotas, bag limits, harvest levels, and sex, age, and size limitations on the taking of game;

     (5) classifying game as game birds, song birds, big game animals, fur bearing animals, predators, or other categories;

     (6) methods, means, and harvest levels necessary to control predation and competition among game in the state;

     (7) watershed and habitat improvement, and management, conservation, protection, use, disposal, propagation, and stocking of game;

     (8) prohibiting the live capture, possession, transport, or release of native or exotic game or their eggs;

     (9) establishing the times and dates during which the issuance of game licenses, permits, and registrations and the transfer of permits and registrations between registration areas and game management units or subunits is allowed;

     (10) regulating sport hunting and subsistence hunting as needed for the conservation, development, and utilization of game;

     (11) taking game to ensure public safety;

     (12) regulating the activities of persons licensed to control nuisance wild birds and nuisance wild small mammals;

     (13) promoting hunting and trapping and preserving the heritage of hunting and trapping in the state.

 (b) [Repealed, § 12 ch 52 SLA 1986.]
 (c) If the Board of Game denies a petition or proposal to amend, adopt, or repeal a regulation, the board, upon receiving a written request from the sponsor of the petition or proposal, shall in addition to the requirements of AS 44.62.230 provide a written explanation for the denial to the sponsor not later than 30 days after the board has officially met and denied the sponsor's petition or proposal, or 30 days after receiving the request for an explanation, whichever is later.

 (d) Regulations adopted under (a) of this section must provide that, consistent with the provisions of AS 16.05.258, the taking of moose, deer, elk, and caribou by residents for personal or family consumption has preference over taking by nonresidents.

 (e) The Board of Game shall adopt regulations to provide for intensive management programs to restore the abundance or productivity of identified big game prey populations as necessary to achieve human consumptive use goals of the board in an area where the board has determined that
     (1) consumptive use of the big game prey population is a preferred use;

     (2) depletion of the big game prey population or reduction of the productivity of the big game prey population has occurred and may result in a significant reduction in the allowable human harvest of the population; and

     (3) enhancement of abundance or productivity of the big game prey population is feasibly achievable utilizing recognized and prudent active management techniques.

 (f) The Board of Game may not significantly reduce the taking of an identified big game prey population by adopting regulations relating to restrictions on harvest or access to the population, or to management of the population by customary adjustments in seasons, bag limits, open and closed areas, methods and means, or by other customary means authorized under (a) of this section, unless the board has adopted regulations, or has scheduled for adoption at the next regularly scheduled meeting of the board regulations, that provide for intensive management to increase the take of the population for human harvest consistent with (e) of this section. This subsection does not apply if the board
     (1) determines that intensive management would be
          (A) ineffective, based on scientific information;

          (B) inappropriate due to land ownership patterns; or

          (C) against the best interest of subsistence uses; or

     (2) declares that a biological emergency exists and takes immediate action to protect or maintain the big game prey population in conjunction with the scheduling for adoption of those regulations that are necessary to implement (e) of this section.

 (g) The Board of Game shall establish population and harvest goals and seasons for intensive management of identified big game prey populations to achieve a high level of human harvest.

 (h) [Repealed, 2000 Ballot Measure No. 6.]
 (i) For the purpose of encouraging adults to take children hunting, the board shall establish annual hunting seasons in appropriate areas of the state for big game, other than bison and musk ox. Only a resident child accompanied by a resident adult or a child accompanied by the child's resident parent, resident grandparent, resident stepparent, or resident legal guardian may take big game in an area where a season established under this subsection is in effect. The adult, parent, grandparent, stepparent, or legal guardian who accompanies the child may only assist the child in taking big game. A big game animal taken under this subsection, except for a Sitka blacktail deer when the harvest limit for the deer is one for each person, must be counted against the bag limits of both the child and the adult, parent, grandparent, stepparent, or legal guardian who accompanies the child. In this subsection,
     (1) “adult” means an individual who is 21 years of age or older;

     (2) “child” means an individual who is not more than 17 years of age and not younger than eight years of age.

 (j) This section authorizes the board to regulate regarding the conservation, development, or utilization of game in a manner that addresses whether, how, when, and where the public asset of game is allocated or appropriated.

 (k) The board may establish annual big game hunting seasons in appropriate areas of the state for persons with physical disabilities. A participant in a hunt established under this subsection must be accompanied by a hunter with a valid hunting license who is capable of retrieving game.

 (l) In this section,
     (1) “harvestable surplus” means the number of animals that is estimated to equal the number of offspring born in a game population during a year less the number of animals required for recruitment for population maintenance and enhancement, when necessary, and the number of animals in the population that die from all causes, other than predation or human harvest, during that year;

     (2) “high level of human harvest” means the allocation of a sufficient portion of the harvestable surplus of a game population to achieve a high probability of success for human harvest of the game population based on biological capabilities of the population and considering hunter demand;

     (3) “identified big game prey population” means a population of ungulates that is identified by the Board of Game and that is important for providing high levels of harvest for human consumptive use;

     (4) “intensive management” means management of an identified big game prey population consistent with sustained yield through active management measures to enhance, extend, and develop the population to maintain high levels or provide for higher levels of human harvest, including control of predation and prescribed or planned use of fire and other habitat improvement techniques;

     (5) “sustained yield” means the achievement and maintenance in perpetuity of the ability to support a high level of human harvest of game, subject to preferences among beneficial uses, on an annual or periodic basis.




Notes of Decisions
Cited in 31 cases (8 in the last 5 years), 1978–2025 · leading case: Shepherd v. State, Dep't of Fish & Game, 897 P.2d 33 (Alaska 1995).
Shepherd v. State, Dep't of Fish & Game, 897 P.2d 33 (Alaska 1995). · cites it 42× “The *39 record is replete with evidence that the regulations at issue were adopted pursuant to both AS 16.05.255 and AS 16.05.258. The State expressly argued to the superior court that AS 16.”
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). · cites it 17× “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
Bobby v. State of Alaska, 718 F. Supp. 764 (D. Alaska 1989). · cites it 30× “AS 16.05.255 has at all times here pertinent provided generally that: *770 (a) The Board of Game may adopt regulations it considers advisable in accordance with the Administrative Procedure Act (AS 44.”
State v. Eluska, 724 P.2d 514 (Alaska 1986). · cites it 17× “255(b) providing for subsistence uses and recognizing the subsistence priority, conduct which would otherwise be a violation of a regulation adopted pursuant to AS 16.05.255(a) restricting hunting is justified as a "subsistence use" if the person whose conduct is alleged to have…”
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). · cites it 5× “The Board has the authority under AS 16.05.255 to regulate vehicles used for hunting purposes or transportation of hunters, hunting gear, or game, and this authority extends to navigable waters.”
State v. Eluska, 698 P.2d 174 (Alaska Ct. App. 1985). · cites it 16× “Eluska argued that nothing short of regulations which expressly distinguish be *177 tween subsistence and sport hunting will satisfy section (b) of AS 16.05.255. On appeal, the state argues that the regulation need not expressly provide for subsistence uses and that the…”
Ctr. for Bio. Diversity v. David Bernhardt, 946 F.3d 553 (9th Cir. 2019). · cites it 2× “” Alaska Stat. § 16.05.255 (e) (2014). To that end, the Board permitted hunters to specifically target big game predators, like black bears, brown bears, and wolves.”
Koyukuk River Basin Moose Co-Mgmt. Team v. Bd. of Game, 76 P.3d 383 (Alaska 2003). · cites it 4× “In arguing that the board failed to make required findings under AS 16.05.255 and 258, the team contends that the board was required to manage moose in the KCUA as an identifiable game population because its regulation set harvest levels for the KCUA.”
State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978). · cites it 3× “These actions were contained in a set of emergency regulations passed by the Board under authority of AS 16.05.255. AS 44.62.-250 permits an agency to avoid the customary notice and hearing provisions of the Administrative Procedure Act upon a declaration of the existence of an…”
Alaska Trappers Ass'n, Inc., & Nat'l Trappers Ass'n, Inc. v. City of Valdez, 548 P.3d 332 (Alaska 2024). · cites it 5× “-16- 7699 discretionary authority delegated to the Board is simply not comparable to the legislature’s explicit grant putting DNR in “charge of all matters” in its field.”
State v. Morry, 836 P.2d 358 (Alaska 1992). · cites it 2× “251(a)(4), AS 16.05.255(a)(6). 12 The State argues that the superior court’s interpretation, that the boards are required to protect the customary and traditional character of subsistence hunting, is not supported by the literal language of the subsistence preference law.”
Madison v. Alaska Dep't of Fish & Game, 696 P.2d 168 (Alaska 1985). “The committee also intended to provide a priority for subsistence hunting in AS 16.05.255, as indicated in § 6 of HB 960.”
— Alaska Stat. § 16.05.255(4) — 1 case
State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978). “These actions were contained in a set of emergency regulations passed by the Board under authority of AS 16.05.255. AS 44.62.-250 permits an agency to avoid the customary notice and hearing provisions of the Administrative Procedure Act upon a declaration of the existence of an…”
— Alaska Stat. § 16.05.255(a) — 7 cases
State v. Eluska, 724 P.2d 514 (Alaska 1986). “255(b) providing for subsistence uses and recognizing the subsistence priority, conduct which would otherwise be a violation of a regulation adopted pursuant to AS 16.05.255(a) restricting hunting is justified as a "subsistence use" if the person whose conduct is alleged to have…”
State v. Eluska, 698 P.2d 174 (Alaska Ct. App. 1985). “Eluska argued that nothing short of regulations which expressly distinguish be *177 tween subsistence and sport hunting will satisfy section (b) of AS 16.05.255. On appeal, the state argues that the regulation need not expressly provide for subsistence uses and that the…”
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “The Board has the authority under AS 16.05.255 to regulate vehicles used for hunting purposes or transportation of hunters, hunting gear, or game, and this authority extends to navigable waters.”
Bobby v. State of Alaska, 718 F. Supp. 764 (D. Alaska 1989). “AS 16.05.255 has at all times here pertinent provided generally that: *770 (a) The Board of Game may adopt regulations it considers advisable in accordance with the Administrative Procedure Act (AS 44.”
Alaska Trappers Ass'n, Inc., & Nat'l Trappers Ass'n, Inc. v. City of Valdez, 548 P.3d 332 (Alaska 2024). “-16- 7699 discretionary authority delegated to the Board is simply not comparable to the legislature’s explicit grant putting DNR in “charge of all matters” in its field.”
— Alaska Stat. § 16.05.255(a)(10) — 1 case
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “The Board has the authority under AS 16.05.255 to regulate vehicles used for hunting purposes or transportation of hunters, hunting gear, or game, and this authority extends to navigable waters.”
— Alaska Stat. § 16.05.255(a)(3) — 2 cases
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “The Board has the authority under AS 16.05.255 to regulate vehicles used for hunting purposes or transportation of hunters, hunting gear, or game, and this authority extends to navigable waters.”
— Alaska Stat. § 16.05.255(a)(6) — 1 case
State v. Morry, 836 P.2d 358 (Alaska 1992). “251(a)(4), AS 16.05.255(a)(6). 12 The State argues that the superior court’s interpretation, that the boards are required to protect the customary and traditional character of subsistence hunting, is not supported by the literal language of the subsistence preference law.”
— Alaska Stat. § 16.05.255(a)(8) — 1 case
Interior Alaska Airboat Ass'n v. State, 18 P.3d 686 (Alaska 2001). “The Board has the authority under AS 16.05.255 to regulate vehicles used for hunting purposes or transportation of hunters, hunting gear, or game, and this authority extends to navigable waters.”
— Alaska Stat. § 16.05.255(b) — 5 cases
State v. Eluska, 724 P.2d 514 (Alaska 1986). “255(b) providing for subsistence uses and recognizing the subsistence priority, conduct which would otherwise be a violation of a regulation adopted pursuant to AS 16.05.255(a) restricting hunting is justified as a "subsistence use" if the person whose conduct is alleged to have…”
State v. Eluska, 698 P.2d 174 (Alaska Ct. App. 1985). “Eluska argued that nothing short of regulations which expressly distinguish be *177 tween subsistence and sport hunting will satisfy section (b) of AS 16.05.255. On appeal, the state argues that the regulation need not expressly provide for subsistence uses and that the…”
Bobby v. State of Alaska, 718 F. Supp. 764 (D. Alaska 1989). “AS 16.05.255 has at all times here pertinent provided generally that: *770 (a) The Board of Game may adopt regulations it considers advisable in accordance with the Administrative Procedure Act (AS 44.”
Morry v. State, 872 P.2d 1209 (Alaska 1994).
— Alaska Stat. § 16.05.255(d) — 2 cases
Shepherd v. State, Dep't of Fish & Game, 897 P.2d 33 (Alaska 1995). “The *39 record is replete with evidence that the regulations at issue were adopted pursuant to both AS 16.05.255 and AS 16.05.258. The State expressly argued to the superior court that AS 16.”
Halloran v. State, Div. of Elections, 115 P.3d 547 (Alaska 2005).
— Alaska Stat. § 16.05.255(e) — 2 cases
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
Koyukuk River Basin Moose Co-Mgmt. Team v. Bd. of Game, 76 P.3d 383 (Alaska 2003). “In arguing that the board failed to make required findings under AS 16.05.255 and 258, the team contends that the board was required to manage moose in the KCUA as an identifiable game population because its regulation set harvest levels for the KCUA.”
— Alaska Stat. § 16.05.255(e)(1) — 1 case
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
— Alaska Stat. § 16.05.255(e)(2) — 1 case
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
— Alaska Stat. § 16.05.255(j) — 1 case
Alaska Trappers Ass'n, Inc., & Nat'l Trappers Ass'n, Inc. v. City of Valdez, 548 P.3d 332 (Alaska 2024). “-16- 7699 discretionary authority delegated to the Board is simply not comparable to the legislature’s explicit grant putting DNR in “charge of all matters” in its field.”
— Alaska Stat. § 16.05.255(k) — 2 cases
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
— Alaska Stat. § 16.05.255(k)(1) — 1 case
— Alaska Stat. § 16.05.255(k)(4) — 2 cases
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
— Alaska Stat. § 16.05.255(k)(5) — 2 cases
West v. State, Bd. of Game, 248 P.3d 689 (Alaska 2010). “The court ruled that the Board's 2006 predator control plans do not violate article VIII, section 4 of the Alaska Constitution—Alaska's sustained yield clause—and the sustained yield mandate in AS 16.05.255—Alaska's intensive game management statute.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.