AV, at least in two meetings here in Fairbanks. AWT said it dose not enforce city or borough ordinances. Their are committed to enforcing state law and regulations. So i do not think, by AWT's omission that enforeing ordinances fall on the troopers.

That is pretty much the same, here. Just pointing out that it is likely that the Troopers will remain the face of trapping laws enforcement, not the local police.

So if an Anchorage police officer or municipal Code Enforcement Officer yanks up a trap that is legally set under STATE law................ wonder if the trapper can have that person cited under the Hunter/Trapper Harassment statute (AS 16.05.790?)

Let's be POSITIVE here boys and girls, this actually could become an amusing exercise!

Pete

Would the ATA foot the legal costs ??

I would say no. AS 16.05180 Power To Search Without A Warrant.
Law enforcement has been given great ladditue to investigate (many court cases). All they need is "probable cause". if a trap is concealed, a "peace office of the state" can yank it up to see if it is a lawful trap. The same thing happens when peace officers check bear bait sites, they can not be charged with "harassment". They have probable cause to check the site for regulatory compliance. Also 5 AAC 92.012 (b) No person may refuse to present for inspection any license, tag, or any game, or any apparatus designed to be capable of being used to take game.
This is the regulation law enforcement usually hangs their hat on. Their interpenetration of this regulation dose not mean that a person has to be physically there, as the regulation may state. Because "you may not refuse". The issue is you do not need to be there, because you could not refuse, if you there or not. they can inspect.
I tried to amend this regulation a few years ago. it did not go over well with AWT.
A "peace officer" is: As 16.05.150 Enforcement authority. (1) an employee of the department authorized by the commissioner. (2) a police officer in the state. (3) any other person authorized by the commissioner.
With that, the fact is AWT will not enforce city or borough ordinances. generally, city police only have jurisdiction with in city limits. they do not enforce borough or municipality ordinances. A few boroughs have policing authorities ( North Slope Borough police). I know Fairbanks North Star Borough dose not have policing authority.Not aware that the municipality of Anchorage dose.

Pete,
I imagine there will be some trap tampering but I don't think it will be law enforcement. I imagine it will be some one who thinks a legal trap is illegal. I don't want to expound on it any more than that in case they are watching

Well, then there is the case, of course from Juneau, of the woman that admitted to illegally tampering with legal traps. The criminal case was dropped by the District Attourney.
The trapper filed civil, (Forrest-vs-Adair), and the ATA took up the case with legal assistance.
The trapper was successful in winning his case, however no damages were awarded.

It will be interesting to see as the power to search without a warrant is under title 16 but this municipal ordinance is not a fish and game regulation and does not fall under title 16. Furthermore the Muni insists this is not in any way regulating trapping, but is a land use regulation implemented for public safety. I'd imagine the Muni would be in a pickle to argue 16.05.180 applies while insisting they're not regulating trapping.

The idea that the Muni SAYS this ordinance does not regulate trapping does not make the statement true. That is like them passing an ordinance saying that basketball is not a game played by teams of 5 and using a round ball! It is certainly arguable.

I think the legal aspects of this ordinance will be argued over for quite a while to come.

From everything I know, ATA will be involved in trying to find an equitable solution. ATA is not known to be an organization that just gives up...

Pete

I'd rather see a legal solution rather than equitable. "Equitable" smacks of compromise. I don't like starting at that position.

Again they are in over their heads but were determined.
I told them don't do it.
Their lawyer told them don't do it.
Then they did it anyway.

We all appreciate your efforts Tom. The fat lady has not sung yet....!