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Thread: Obstruction or hindrance of lawful hunting, fishing, trapping or viewing

  1. #1

    Default Obstruction or hindrance of lawful hunting, fishing, trapping or viewing

    Q. Does Alaska have a hunter harassment law?
    A. Alaska does have a hunter harassment law. The law surrounding hindrance of lawful hunting, fishing, trapping or viewing of fish and game can be found in Alaska Statute 16.05.790. Additionally, Alaska Statute 16.05.791 deals with civil remedies for a violation of AS 16.05.790. I have attached both of these laws below for your reference. If you encounter a situation where you feel someone has INTENTIONALLY obstructed or hindered your lawful hunting, fishing, trapping or viewing of fish or game, contact your local office of the Alaska Wildlife Troopers. We will ask questions about your situation and investigate your case. Thanks for the question.
    Alaska Wildlife Troopers-
    AS 16.05.790. Obstruction or Hindrance of Lawful Hunting, Fishing, Trapping, or Viewing of Fish or Game.
    (a) Except as provided in (e) of this section, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish or game by
    (1) placing one's self in a location in which human presence may alter the
    (A) behavior of the fish or game that another person is attempting to take or view; or
    (B) feasibility of taking or viewing fish or game by another person; or
    (2) creating a visual, aural, olfactory, or physical stimulus in order to alter the behavior of the fish or game that another person is attempting to take or view.
    (b) For purposes of (a) of this section, "lawful" means
    (1) in compliance with
    (A) this title, regulations adopted under this title, or applicable federal statutes and regulations;
    (B) the Marine Mammal Protection Act (P.L. 92-522) or the Endangered Species Act (P.L. 93-205); or
    (C) federal regulations adopted under 16 U.S.C. 3111 - 3126 relating to subsistence hunting, fishing, or trapping on federal land; and
    (2) with the permission of the private landowner if the hunting, fishing, trapping, or viewing of fish or game occurs on private land.
    (c) Notwithstanding AS 12.25, only a peace officer may arrest a person for violating this section. A peace officer who has probable cause to believe that a person has violated this section may arrest or cite the person or order the person to desist.
    (d) In a prosecution under this section, it is an affirmative defense that the person was lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish or game.
    (e) This section does not apply to
    (1) lawful competitive practices among persons engaged in lawful hunting, fishing, or trapping;
    (2) actions taken on private property with the consent of the owner; or
    (3) the obstruction or hindrance of the viewing of fish or game by a person actively engaged in lawful fishing, hunting, or trapping.
    (f) A person who violates this section is guilty of a misdemeanor and is punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.

    AS 16.05.791. Civil Remedies For Violation of AS 16.05.790
    (a) A person aggrieved by conduct or threatened conduct in violation of AS 16.05.790 may petition a superior court to enjoin the respondent from engaging in the conduct.
    (b) A person aggrieved by a violation of AS 16.05.790 is entitled to recover general damages and special damages, including license and permit fees, travel costs, guide-outfitting fees, costs for special equipment and supplies, and other related expenses.
    (c) A court may award punitive damages in addition to the damages set out in (b) of this section.

  2. #2
    Moderator Daveinthebush's Avatar
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    Question: I put in a black bear station by cutting a trail and follow the whole registration process and am perfectly legal. Someone else follows my trail, walks through my bait site on the way to his and sets up 50-100 yards farther away. Is that person then in violation of "(1) placing one's self in a location in which human presence may alter the"? Since that person has to walk past my stand to get to his.
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