Enrolled HB 260: Relating to possession of certain licenses, tags, and permits issued by the Department of Fish and Game; and providing for an effective date.
00Enrolled HB 260 01 Relating to possession of certain licenses, tags, and permits issued by the Department of Fish 02 and Game; and providing for an effective date. 03 _______________ 04 * Section 1. AS 16.05.330(a) is amended to read: 05 (a) Except as otherwise permitted in this chapter, without having the 06 appropriate license, [OR] tag, or permit in actual possession, a person may not 07 engage in 08 (1) sport fishing, including the taking of razor clams; 09 (2) hunting or [,] trapping [, OR FUR DEALING]; 10 (3) the farming of fish, fur, or game; 11 (4) taxidermy or fur dealing; or 12 (5) control of nuisance wild birds and nuisance wild small mammals 13 for compensation. 14 * Sec. 2. AS 16.05.330 is amended by adding new subsections to read:
01 (f) A person charged with violating (a)(1) or (2) of this section for failure to 02 have a license in actual possession may not be convicted if the person provides, not 03 later than 30 days after the issuance of the citation, evidence satisfactory to the 04 arresting or citing agency of a license previously issued to the person that was valid at 05 the time of the offense. 06 (g) A license in actual possession may be in paper or electronic form. 07 (h) A peace officer presented with an electronic device under (g) of this 08 section is immune from any liability resulting from damage to the device, except that a 09 peace officer may be liable for civil damages that are the result of the peace officer's 10 intentional misconduct. 11 * Sec. 3. AS 16.05.430(a) is amended to read: 12 (a) Except as provided in AS 16.05.330(f), 16.05.407(b) [AS 16.05.407(b)] 13 and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330 - 14 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a 15 misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or 16 by imprisonment for not more than six months, or by both. 17 * Sec. 4. This Act takes effect July 1, 2018.