Full Statute Name:  West's Alaska Statutes Annotated. Title 16. Fish and Game. Chapter 05. Fish and Game Code. Article 6. Miscellaneous Provisions. § 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game

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Primary Citation:  AS § 16.05.790 Country of Origin:  United States Last Checked:  October, 2017 Alternate Citation:  AK ST § 16.05.790 Date Adopted:  1991
Summary:

This Alaska law constitutes the state's hunter harassment law. Under the law, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish and game. Only a peace officer may arrest a person for violation of this section. Exclusions include lawful competitive hunting, actions taken on private property with the consent of the landowner, and obstruction or hindrance by a person actively engaged in lawful hunting, fishing, or trapping activities. Violation is a misdemeanor with a fine of not more than $500 or imprisonment for not more than 30 days, or both.

Statute Text: 

(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) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

Credits
SLA 1991, ch. 47, § 1.

 

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