00                            HOUSE BILL NO. 263                                                                          
01 "An Act relating to the obstruction or hindrance of lawful trapping of game; and                                        
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 16.05.790(c) is amended to read:                                                                   
05            (c)  It is an affirmative defense in [IN] a prosecution under this section                               
06                 (1)  [, IT IS AN AFFIRMATIVE DEFENSE] that the person was                                           
07       lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish                        
08       or game; or                                                                                                   
09                 (2)  for disabling a trap or snare on public land that the person                                   
10                      (A)  was lawfully using a public trail, park, campsite, or                                     
11            other facility; and                                                                                      
12                      (B)  disabled the trap or snare based on the person's                                          
13            objectively reasonable belief that disabling the trap or snare was                                       
14            necessary to protect the welfare of the public or private property.                                      

01    * Sec. 2. AS 16.05.791(b) is amended to read:                                                                      
02 (b)  Except as provided in (d) of this section, a [A] person aggrieved by a                                         
03 violation of AS 16.05.790 is entitled to recover general damages and special damages,                                   
04 including license and permit fees, travel costs, guide-outfitting fees, costs for special                               
05       equipment and supplies, and other related expenses.                                                               
06    * Sec. 3. AS 16.05.791(c) is amended to read:                                                                      
07            (c)  Except as provided in (d) of this section, a [A] court may award punitive                           
08       damages in addition to the damages set out in (b) of this section.                                                
09    * Sec. 4. AS 16.05.791 is amended by adding a new subsection to read:                                              
10            (d)  A person may not recover damages under this section from an individual                                  
11       who committed a violation of AS 16.05.790 if the individual successfully raises an                                
12       affirmative defense to the violation under AS 16.05.790(c)(2).                                                  
13    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).