CSHB 107(FIN): "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 CS FOR HOUSE BILL NO. 107(FIN) 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 or tampering with equipment being used 05 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, other 18 than an action relating to commercial fishing, is entitled to costs and reasonable 19 actual attorney fees. 20 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INDIRECT COURT RULE CHANGE. The provisions of AS 16.05.791(b), amended 23 by sec. 3 of this Act, have the effect of amending Rule 82, Alaska Rules of Civil Procedure, 24 and Rule 508, Alaska Rules of Appellate Procedure, by providing for the award of reasonable 25 actual attorney fees to the prevailing party in an action brought by a person aggrieved by a 26 violation of AS 16.05.790.