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HB198 • 2026

AFFIRM. DEFENSE FOR DISABLING TRAP/SNARE

An Act relating to the obstruction or hindrance of lawful trapping of game; and providing for an effective date.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
REPRESENTATIVE JOSEPHSON
Last action
2025-05-09
Official status
(H) JUD
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how the law will affect existing cases or lawsuits involving disabled traps and snares.

Law to Protect Trappers from Obstruction

This law changes the rules for an affirmative defense in court if a person disables traps or snares on public land while using a public trail, park, campsite, or other facility.

What This Bill Does

  • Changes the rules so that a person who disables a trap or snare on public land can use an 'affirmative defense' in court if they were using a public trail, park, campsite, or other facility.
  • Requires this person to show that disabling the trap was based on their reasonable belief it was necessary to protect people's safety or private property.

Who It Names or Affects

  • People who set traps or snares on public land
  • Individuals who disable traps or snares on public land

Terms To Know

Affirmative Defense
A legal argument that allows someone to avoid punishment by proving they had a good reason for their actions.

Limits and Unknowns

  • The bill does not specify an effective date, but it takes effect immediately according to Alaska law.
  • It is unclear how this will affect existing cases or lawsuits involving disabled traps and snares.

Bill History

  1. 2025-05-09 Min

    (H) Minutes (HJUD)

  2. 2025-05-09 Text

    (H) <Bill Hearing Canceled> -- Delayed to 5 min. Following Session --

  3. 2025-05-09 Text

    (H) JUDICIARY at 01:00 PM GRUENBERG 120

  4. 2025-04-16 810

    (H) REFERRED TO JUDICIARY

  5. 2025-04-16 810

    (H) JUD, RES

  6. 2025-04-16 810

    (H) READ THE FIRST TIME - REFERRALS

Official Summary Text

AFFIRM. DEFENSE FOR DISABLING TRAP/SNARE
An Act relating to the obstruction or hindrance of lawful trapping of game; and providing for an effective date.

Current Bill Text

Read the full stored bill text 
HB0198a -1- HB 198
New Text Underlined [DELETED TEXT BRACKETED]

34-LS0886\A

HOUSE BILL NO. 198

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY REPRESENTATIVE JOSEPHSON

Introduced: 4/16/25
Referred: Judiciary, Resources

A BILL

FOR AN ACT ENTITLED

"An Act relating to the obstruction or hindrance of lawful trap ping of game; and 1
providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 16.05.790(c) is amended to read: 4
(c) It is an affirmative defense in [IN] a prosecution under this section 5
(1) [, IT IS AN AFFIRMATIVE DEFENSE] that the person was 6
lawfully entitled to obstruct or hinder the hunting, fishing, trapping, or viewing of fish 7
or game; or 8
(2) for disabling a trap or snare on public land that the person 9
( A ) w a s l a w f u l l y u s i n g a p u b l i c t r a i l , p a r k , c a m p s i t e , o r 10
other facility; and 11
(B) disabled the trap or snare based on the person's 12
objectively reasonable belief th a t d i s a b l i n g t h e t r a p o r s n a r e was 13
necessary to protect the welfare of the public or private property. 14
34-LS0886\A
HB 198 -2- HB0198a
New Text Underlined [DELETED TEXT BRACKETED]

* Sec. 2. AS 16.05.791(b) is amended to read: 1
(b) Except as provided in (d) o f this section, a [A] person aggrieved by a 2
violation of AS 16.05.790 is entitled to recover general damages and special damages, 3
including license and permit fees, travel costs, guide-outfitti ng fees, costs for special 4
equipment and supplies, and other related expenses. 5
* Sec. 3. AS 16.05.791(c) is amended to read: 6
(c) Except as provided in (d) of this section, a [A] court may award punitive 7
damages in addition to the damages set out in (b) of this section. 8
* Sec. 4. AS 16.05.791 is amended by adding a new subsection to read: 9
(d) A person may not recover damages under this section from a n individual 10
who committed a violation of A S 16.05.790 if the individual suc cessfully raises an 11
affirmative defense to the violation under AS 16.05.790(c)(2). 12
* Sec. 5. This Act takes effect immediately under AS 01.10.070(c). 13