Be it enacted by the People of the State of Alaska that Section 1. A.S. 16.05.783 is amended to read:

Section 16.05.783. (a) A person may not shoot or assist in shooting a free-ranging wolf, wolverine or grizzly bear the same day that the person has been airborne. However, the Board of Game may authorize a predator program involving the shooting of wolves or grizzly bears from the air or on the same day that a person has been airborne if

(1) the Commissioner of Fish and Game makes written findings based on adequate data demonstrating that a biological emergency exists and that there is no feasible solution other than airborne control to eliminate the biological emergency;

(2) any shooting is conducted by Departmnet of Fish and Game personnel only and not by any permittee or agent;

(3) the program is limited to the specific geographical area where the biological emergency exists; and

(4) the program removes only the minimum number of wolves or grizzly bears necessary to eliminate the biological emergency.

(b) This section does not apply to a person who was airborne the same day if that person was airborne only on a regularly scheduled commercial flight.

(c) A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more that $5,000, or by imprisonment for not more than one year, or by both. In addition, the court may order the aircraft and equipment used in or in aid of a violation of this section to be forfeited to the State.

(d) In this section,

(1) "free-ranging" means that the animal is wild and not caught in a trap or snare and

(2) "biological emergency" means a condition where a wolf or grizzly bear population in a specific geographic area is depleting a prey population to a point that if not corrected will cause an irreversible decline in the prey population such that it is not likely to recover without implementing wolf or grizzly bear control.