Alaska

AK - Endangered Species - Endangered and Threatened Species

Summary: This Alaska statute provides that the state shall take measures to preserve the habitat of species or subspecies which, are threatened with extinction due to habitat loss, overutilization, disease, predation, or other human or natural factors. Species recognized as endangered or threatened also gain habitat protection on state lands. Taking of a listed species without permit incurs a misdemeanor.

AK - Hunting - § 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game

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.

AK - Veterinary immunity - § 09.65.097. Civil liability for emergency veterinary care

Summary: This Alaska law provides that a licensed veterinarian who renders emergency care to an injured or ill animal that reasonably appears to need emergency care to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid. This section does not apply to service rendered at the request of an owner of the animal and does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.

AK - Conversation - Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation.

Summary: This set of Alaska laws sets forth the powers of the commissioner of environmental conservation. Additionally, the commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title. The penalties for violation of provisions under this chapter are also described.

AK - Unalaska - Title 12: Animal Control (Chapter: 12.04: Animal Control)

Summary: Under this Unalaska, Alaska ordinance, a person who owns a seeing-eye dog, a hearing aid dog, or other aid dog is exempt from the license fees. Furthermore, this ordinance exempts such dogs from provisions that prohibit animals from entering certain places as long as the owner carries proper documentation certified by a recognized aid dog institution.

Richardson v. Fairbanks North Star Borough

Summary:

This case concerns the proper measure of damages for the death of a pet dog caused by a municipality's negligence after the Fairbanks North Star Borough Animal Shelter violated a Borough ordinance and mistakenly killed the Richardsons' pet dog, Wizzard.  The court indicated it is willing to recognize a cause of action for intentional infliction of emotional distress for the intentional or reckless killing of a pet animal in an appropriate case.  However, the court held that in this case, the Richardsons made an offer of proof regarding their emotional distress and the evidence in the record indicates that the trial judge properly made a threshold determination that the severity of the Richardsons' emotional distress did not warrant a claim of intentional infliction of emotional distress. 

Juelfs v. Gough

Summary: In this case, the husband and wife had agreed to shared ownership of their dog, which the lower court incorporated into its order.Based on danger the dog faced by other dogs in the wife’s home and increased contention between the parties, the lower court next gave the husband custody with an order for the wife’s visitation, and finally awarded sole custody to the husband. The state’s Supreme Court affirmed the modified order.

Mitchell v. Heinrichs

Summary:

Defendant shot plaintiff's dogs after perceiving they were a threat to her livestock and her when they trespassed upon her property.  In denying defendant's claim for punitive damages, the court observed that in this case, defendant's conduct, while drastic, did not rise to the level of outrageousness.  With regard to the trial court's award of only the market value of the dog to plaintiff , the court noted that it agreed with those courts that recognize that the actual value of the pet to the owner, rather than the fair market value, is sometimes the proper measure of the pet's value.  However, the court declined to award Mitchell damages for her dog's sentimental value as a component of actual value to her as the dog's owner.

Luper v. City of Wasilla

Summary:

Plaintiff appealed a grant of summary judgment in favor of the City of Wasilla, Alaska's enforcement action over zoning ordinances. The facts stem from the City's denial of plaintiff's application for a use permit in 2005 to run an eighteen-dog kennel. Plaintiff argued on appeal that Wasilla's former three-dog limit infringed on her property rights in both her land and her dog. This court agreed with the lower court that the provision here bore a "fair and substantial relationship" the government purposes of controlling dog noise, reducing dog odor and pollution, and preventing loose dogs. Further, the court found that it was not reasonable for the plaintiff to rely on the city clerk's statement that she only needed a kennel license to operate a hobby kennel.