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HB 40: "An Act prohibiting and providing penalties and civil remedies for trapping within 200 feet of certain public facilities, areas, and trails; and providing for an effective date."

00 HOUSE BILL NO. 40 01 "An Act prohibiting and providing penalties and civil remedies for trapping within 200 02 feet of certain public facilities, areas, and trails; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05 is amended by adding a new section to read: 05 Sec. 16.05.781. Trapping near certain public use areas. (a) A person may 06 not set a trap or snare for animals within 200 feet of a 07 (1) campsite, recreational beach, roadside rest, scenic site, or other 08 public facility or area established under AS 41.21; or 09 (2) public trail. 10 (b) A person who violates this section is guilty of a class B misdemeanor and 11 shall be punished by a fine of not more than 12 (1) $500, by imprisonment for not more than 30 days, or by both, 13 unless the circumstance described under (2) of this subsection applies; or 14 (2) $1,000, by imprisonment for not more than 60 days, or by both, if

01 the violation caused physical harm to an individual or domestic animal. 02 (c) In an action under (b) of this section, it is not a defense that another person 03 was violating a local ordinance relating to the restraint or control of a domestic animal. 04 (d) A person aggrieved by conduct or threatened conduct in violation of this 05 section may petition a superior court to enjoin the respondent from engaging in the 06 conduct. A person who violates this section is liable for general damages and special 07 damages resulting from that violation. 08 (e) In this section, "public trail" means a trail or footpath designated under 09 AS 41.21.850 - 41.21.872 or other trail, footpath, or way that is open to public use as a 10 matter of right. 11 * Sec. 2. This Act takes effect January 1, 2018.