HOUSE BILL NO. 107 An Act providing for the award of full actual attorney fees and costs to a person aggrieved by unlawful obstruction or hindrance of hunting, fishing, 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. JIM POUND, STAFF, REPRESENTATIVE JAY RAMRAS, reported that HB 107 is a change to existing statute regarding persons who hunt, fish, trap, or view wildlife in Alaska. Presently, if any of those people are obstructed from participating in that experience, they can seek relief in court. The courts are permitted to grant damages for most of the expenses except reasonable actual attorney fees and costs. The legislation would allow the judge to grant full costs and reasonable and actual attorney fees. Mr. Pound continued, pointing out that there is growing sentiment across the country that disturbing wildlife in any manner is unacceptable, however, hunting, fishing, trapping, and viewing wildlife are considered an important way of life in Alaska. The individuals or groups, who could hinder wildlife experience, know that most people will not go to court because of the attorney fees and costs associated with that type of litigation. He added that Alaskans and visitors should not be subjected to pay because of interference, obstruction, or hindrance of that right. The legislation allows for an opportunity of the prevailing party to recoup actual costs associated with hindering that type experience. Representative Hawker asked the basis used to determine the 90% attorney fee amount. Mr. Pound responded that resulted from Representative Gruenberg, who was concerned leaving it at 100%. He thought there could be more of a potential of false litigation and filing and requested the change. Representative Hawker asked if there was precedence elsewhere for the 90% number. Mr. Pound replied there is not and that in eminent domain cases, it is at 100%. He reiterated that 90% was unique. Representative Hawker asked if the sponsor would welcome changing it back to 100%. Mr. Pound replied that the sponsor would not object. 2:11:19 PM Representative Weyhrauch referenced Subsection 3, regarding a person physically interfering or tampering with equipment. Mr. Pound commented that language was inserted because there have been situations where an individual cut another person's trap line. That person was caught and they entered into the criminal process. The guilty person was only charged with criminal mischief. Representative Weyhrauch thought that was a "narrow" lead and proposed other hypothetical situations. Mr. Pound noted that other situations could be addressed under language in Section 2. Representative Weyhrauch grilled the point. Mr. Pound advised that the courts had already interpreted existing language. 2:14:35 PM Representative Weyhrauch asked who would be entitled, outside of the law enforcement officers, to instruct regarding hunting, fishing, etc. and asked if that could be a property owner if someone was trespassing. Mr. Pound noted that AS 16.05.0790(e) explains the lawful hunting, fishing and trapping practices on private land given consent of the owner. Representative Weyhrauch asked if the 90% payment would require a 2/3 vote because of the direct rule change. Mr. Pound said yes. Vice-Chair Stoltze inquired if those types of cases are difficult to prove. Mr. Pound clarified that the legislation only deals with being out in the field or on the water. 2:16:34 PM Vice-Chair Stoltze pointed out a letter in the file from the National Rifle Association (NRA). Mr. Pound stated that there would be testimony from the Alaska Outdoor Council. Representative Weyhrauch asked if the legislation would only apply to "wild" fish and game. Mr. Pound said yes. 2:17:16 PM JENNIFER YUHAS, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE DIRECTOR, ALASKA OUTDOOR COUNCIL, ANCHORAGE, voiced support for HB 107. Current statute does not guarantee that a citizen can be awarded attorney fees for litigating incidences of obstruction abuse from hunting, fishing or trapping. The changes in the proposed legislation would bring necessary corrections to the existing statute. 2:18:32 PM Representative Weyhrauch asked why commercial fishing had not been included to Section 3, Page 2. Mr. Pound responded that in Section 3, Line 18, it had been added to the previous version of the bill. 2:20:03 PM Representative Weyhrauch commented that falling under the exclusion of that sentence, a person would have to be actively engaged in commercial fishing in order to be exempt. They could be traveling to, from or be on fishing grounds to be exempt. Mr. Pound understood that they would have to be actively fishing. 2:20:56 PM Representative Hawker MOVED to ADOPT conceptual Amendment #1, changing the two instances of 90% to full recovery of legal fees at 100%. That change would be on Page 2, Lines 18 & 19, and Page 2, Line 24, deleting "90% of". Representative Weyhrauch OBJECTED for the purpose of discussion. Representative Hawker repeated the proposed change. Representative Weyrauch understood that there would continue to be judicial discretion. Representative Hawker thought so. Representative Weyhrauch WITHDREW his OBJECTION. Representative Hawker noted that his staff was distributing the written version of Amendment #1. (Copy on File). Representative Weyhrauch thought that the proposed change would return the legislation back to the House Resource Committee version. He questioned why the change was needed. Representative Hawker requested that Mr. Pound respond. Mr. Pound explained that the indirect court rule change was still a discussion of argument in the courts and that the Supreme Court has not yet made a decision. 2:26:01 PM Representative Hawker WITHDREW conceptual Amendment #1. Representative Hawker MOVED to ADOPT written Amendment #1. (Copy on File). Representative Weyhrauch OBJECTED. He commented on the proposed language regarding suing for the damages because of the action. If the case goes to trail, all costs would be charged plus the reasonable attorney fees. Mr. Pound acknowledged that was correct. Representative Weyhrauch commented on "full and actual" attorney fees. 2:28:49 PM Representative Croft referenced Section D(2) regarding prosecution. He asked the instance of "lawfully". Representative Hawker inquired if that was relative to the Amendment #1. Representative Croft responded it was not. Representative Weyrauch WITHDREW his OBJECTION to Amendment #1. There being NO further OBJECTION, Amendment #1 was adopted. Mr. Pound responded to the question by Representative Croft. He noted that "lawful" would address combat fishing on rivers. Representative Weyhrauch noted an example that occurred fishing on the Kenai River. Mr. Pound responded that situation would be classified as "lawfully" interfering and would be listed as intentional vandalism. Discussion followed between Representative Weyhrauch and Mr. Pound regarding the example. 2:32:15 PM Representative Weyhrauch interjected that with passage of the bill; both sport and commercial fishermen would have to take a lawyer into account while fishing. Representative Foster MOVED to report CS HB 107 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 107 (FIN) was reported out of Committee with "no recommendation" and with zero note #1 by the Department of Fish & Game and zero note #3 by the Department of Law. 2:32:58 PM