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CSHB 107(RES): "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and amending Rule 508, Alaska Rules of Appellate Procedure."

00                       CS FOR HOUSE BILL NO. 107(RES)                                                                    
01 "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or                                 
02 viewing of fish or game; amending Rules 79 and 82, Alaska Rules of Civil Procedure;                                     
03 and amending Rule 508, Alaska Rules of Appellate Procedure."                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 16.05.790(a) is amended to read:                                                                  
06            (a)  Except as provided in (e) of this section, a person may not intentionally                               
07       obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish                         
08       or game by                                                                                                        
09                 (1)  placing one's self in a location in which human presence may alter                                 
10       the                                                                                                               
11                      (A)  behavior of the fish or game that another person is                                           
12            attempting to take or view; or                                                                               
13                      (B)  feasibility of taking or viewing fish or game by another                                      
14            person; [OR]                                                                                                 
01                 (2)  creating a visual, aural, olfactory, or physical stimulus in order to                              
02       alter the behavior of the fish or game that another person is attempting to take or view;                     
03       or                                                                                                            
04                 (3)  physically interfering or tampering with equipment being used                                  
05       for lawful hunting, fishing, trapping, or viewing purposes.                                                 
06    * Sec. 2.  AS 16.05.790(e) is amended to read:                                                                     
07            (e)  This section does not apply to                                                                          
08                 (1)  lawful competitive practices among persons engaged in lawful                                       
09       hunting, fishing, or trapping;                                                                                    
10                 (2)  actions taken on private property with the consent of the owner;                                   
11       [OR]                                                                                                              
12                 (3)  the obstruction or hindrance of the viewing of fish or game by a                                   
13       person actively engaged in lawful fishing, hunting, or trapping; or                                           
14                 (4)  a law enforcement officer while performing the duties of the                                   
15       office.                                                                                                       
16    * Sec. 3.  AS 16.05.791(b) is amended to read:                                                                     
17            (b)  A person aggrieved by a violation of AS 16.05.790 is entitled to recover                                
18       general damages and special damages, including license and permit fees, travel costs,                             
19       guide-outfitting fees, costs for special equipment and supplies, and other related                                
20       expenses.  The prevailing party in an action described in this subsection, other                              
21       than an action relating to commercial fishing, is entitled to reasonable actual                               
22       attorney fees and costs.                                                                                      
23    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
24 read:                                                                                                                   
25       INDIRECT COURT RULE CHANGE.  The provisions of AS 16.05.791(b), amended                                           
26 by sec. 3 of this Act, have the effect of amending Rules 79 and 82, Alaska Rules of Civil                               
27 Procedure, and Rule 508, Alaska Rules of Appellate Procedure, by providing for the award of                             
28 reasonable actual attorney fees and costs to the prevailing party in an action brought by a                             
29 person aggrieved by a violation of AS 16.05.790.