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- Alaska Statutes.
- Title 16. Fish and Game
- Chapter 5. Fish and Game Code
- Section 790. Obstruction or Hindrance of Lawful Hunting, Fishing, Trapping, or Viewing of Fish or Game.
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. Prohibition On Hunting Adjacent to Highway Between Yukon River and Arctic Ocean.
next: Section 791
. Civil Remedies For Violation of AS 16.05.790
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
- (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,
- (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.
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