AFFIRM. DEFENSE FOR DISABLING TRAP/SNARE

Plain English Breakdown

The source text confirms the effective date clause but does not provide a specific calendar day for implementation beyond 'immediately'.

Defense for Disabling Traps on Public Land

This law creates a legal defense for people who disable traps or snares on public land if they are using a public facility and reasonably believe it is needed to protect the public or property.

What This Bill Does

• Adds an affirmative defense in court cases about obstructing lawful trapping activities when specific conditions are met.
• Allows this defense only when someone disables a trap while lawfully using a public trail, park, campsite, or other facility on public land.
• Requires that the person must have had an objectively reasonable belief that disabling the trap was necessary to protect the welfare of the public or private property.
• Stops courts from awarding damages against individuals who successfully use this new affirmative defense.

Who It Names or Affects

• People who disable traps or snares on public land in Alaska while using specific facilities.
• Trappers whose equipment is disabled by others under these conditions and seek to recover damages.
• Courts handling cases involving the obstruction of lawful trapping.

Terms To Know

Affirmative defense

A legal argument that admits an action happened but says it was allowed by law, which can stop a person from being punished or paying money.

Objectively reasonable belief

A standard where the court decides if any normal person in that situation would have thought the same thing about needing to act.

Limits and Unknowns

• The law only applies when a trap is disabled on public land while using specific facilities like trails or campsites.
• It does not change rules for disabling traps in other situations, such as on private property without permission.
• The text states the act takes effect immediately but does not list a specific calendar date.

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

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