Legislature(2005 - 2006)BUTROVICH 205
02/14/2006 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB10 | |
| HB41 | |
| HB107 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 10 | TELECONFERENCED | |
| += | HB 41 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
| += | HB 269 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 107-HUNTING/FISHING INTERFERENCE
10:11:48 AM
CHAIR RALPH SEEKINS announced CSHB 107(FIN) to be up for
consideration.
JIM POUND, Legislative Aide to Representative Jay Ramras,
introduced the bill for the sponsor. He informed the committee
they would be hearing SCS CSHB 107(RES). Currently a person who
purposefully interrupts another person from hunting, fishing,
trapping, or viewing wildlife in Alaska can be charged with a
crime but the courts are not permitted to grant damages for the
actual attorney fees. The bill would correct that error and
would send a message to those who attempt to prevent people from
earning a living off of the wilderness of Alaska.
MR. POUND urged the committee to support the bill and offered to
answer questions.
10:13:29 AM
SENATOR GRETCHEN GUESS asked Mr. Pound for some examples in
relation to page 2, lines 4-5.
MR. POUND informed the committee that it is existing language in
the statutes.
CHAIR SEEKINS stated AS 11.81.900(a)(1) defines intention. He
read from the statute.
(1) a person acts "intentionally" with respect to a result
described by a provision of law defining an offense
when the person's conscious objective is to cause that
result; when intentionally causing a particular result
is an element of an offense, that intent need not be
the person's only objective;
He said this refers to a person intentionally, not accidentally
doing the act.
SENATOR GUESS posed the situation of combat fishing. She asked
whether it was the intent of the bill to charge someone with a
crime if they step in front of a person in order to catch a
fish.
MR. POUND said no. The intent is to prevent people from
intentionally interrupting the viewing opportunity of a
photographer or the hunting opportunity of a hunter.
10:16:22 AM
CHAIR SEEKINS noted some examples of the intent would be a
person stealing traps or destroying a viewing platform.
SENATOR CHARLIE HUGGINS said he has heard of organized groups of
people with loud speakers and bells interrupting others from
lawfully viewing or hunting wildlife. He asked Mr. Pound whether
that often occurs in Alaska.
MR. POUND could not cite a case of that happening.
SENATOR HUGGINS opined about anti-war demonstrations in
cemeteries.
10:18:27 AM
CHAIR SEEKINS mentioned that trappers who place their traps
closer to urban areas frequently find their traps rendered
ineffective by others. Under HB 107 it would be a violation of
law, he stated.
MR. POUND corrected him and said that was already against the
law. HB 107 adds language to current statute for recouping full
attorney fees and reasonable associated costs.
10:19:14 AM
SENATOR FRENCH asked whether there were other instances in
Alaska law that allow for full recovery of attorney fees.
MR. POUND said eminent domain allows for full recovery of
reasonable fees.
SENATOR FRENCH countered in the normal course of law it would be
an exception.
MR. POUND agreed.
SENATOR FRENCH asked Mr. Pound whether he was concerned about
encouraging people to sue one another over incidental
disturbances of wildlife.
MR. POUND said the issues would grow as the state experiences
population growth. The bill is an opportunity to nip the
behavior in the bud.
10:20:45 AM
CHAIR SEEKINS clarified the bill addresses specific intentional
acts and does not refer to the incidental.
SENATOR FRENCH asked whether one combat fisherman who stepped in
front of another fisherman to land a salmon on the Russian River
would be intentionally interfering with that other fisherman.
MR. POUND said he did not believe that the bill would be taken
to that extreme.
SENATOR FRENCH begged to differ.
10:22:25 AM
SENATOR FRENCH said there are instances that are trivial and
should never go forward as lawsuits but they do. Combat
fisherman do purposefully and intentionally step in front of
others to land their fish. He expressed concern that the
allowance of full attorney fees and reasonable costs would
encourage people to file trivial lawsuits.
MR. POUND advised the committee of a case in Fairbanks where a
superior court judge awarded Eugene Johnson punitive damages on
his claim that another individual broke state law by freeing an
injured wolf in a trap line. The decision awarded Mr. Johnson
close to $200,000.
10:24:15 AM
CHAIR SEEKINS said he was familiar with the case. A member of
Friends of Animals clipped off a snare and allowed the wolf to
escape. It was a deliberate intervention in a legal activity.
SENATOR GUESS observed that Alaskans take combat fishing to
another level. She added that a commercial fisherman moving a
boat into another fisherman's area could initiate a lawsuit as
well. She wondered whether the bill would open up that type of
situation.
MR. POUND responded the bill is referring to language already in
existing statute. There is not a trend of that happening in
commercial or sport fishing. HB 107 intends to change court rule
and allow the judge to give full restitution when the case comes
to civil court.
10:25:58 AM
SENATOR GUESS countered page 2 line 4 does not speak about the
court. It adds a paragraph relating to the intentional act.
MR. POUND said he would interpret "physically interfering" as a
person actually doing something physical. He speculated that a
fisherman cutting off another fishing boat would not qualify
under a definition of "physical."
SENATOR GUESS asked to get a clarification from legal.
SENATOR HUGGINS expressed support for the bill.
10:28:33 AM
MR. POUND noted the definition of "physical" is "pertaining to
the body as distinguished from the mind" according to
Ballentines Dictionary.
SENATOR FRENCH said the committee understands that HB 107 is a
good idea but Senator Guess brings up a good point. He expressed
interest in hearing an opinion from the United Fisherman of
Alaska and from the legislative legal department before the bill
leaves committee.
10:31:20 AM
CHAIR SEEKINS also expressed an interest in hearing an opinion
from the legislative legal department.
SENATOR GUESS spoke for the record that she supports the bill.
She maintained that she had concerns over some of the wording.
CHAIR SEEKINS held HB 107 in committee.
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