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

00                SENATE CS FOR CS FOR HOUSE BILL NO. 107(JUD)                                                             
01 "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or                                 
02 viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and                                     
03 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 with or tampering with equipment being                                  
05       used for lawful hunting, fishing, trapping, or viewing purposes.                                            
06    * Sec. 2.  AS 16.05.790(d) is amended to read:                                                                     
07            (d)  In a prosecution under this section, it is an affirmative defense that the                              
08       person was                                                                                                        
09                 (1)  a law enforcement officer engaged in performing the duties of                                  
10       the office; or                                                                                                
11                 (2)  lawfully entitled to obstruct or hinder the hunting, fishing, trapping,                        
12       or viewing of fish or game.                                                                                       
13    * Sec. 3.  AS 16.05.791(b) is amended to read:                                                                     
14            (b)  A person aggrieved by a violation of AS 16.05.790 is entitled to recover                                
15       general damages and special damages, including license and permit fees, travel costs,                             
16       guide-outfitting fees, costs for special equipment and supplies, and other related                                
17       expenses.  The prevailing party in an action described in this subsection is entitled                         
18       to costs and reasonable actual attorney fees.                                                                 
19    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21       INDIRECT COURT RULE CHANGE.  The provisions of AS 16.05.791(b), amended                                           
22 by sec. 3 of this Act, have the effect of amending Rule 82, Alaska Rules of Civil Procedure,                            
23 and Rule 508, Alaska Rules of Appellate Procedure, by providing for the award of reasonable                             
24 actual attorney fees to the prevailing party in an action brought by a person aggrieved by a                            
25 violation of AS 16.05.790.