According to a report in the Washington Post, on April 8, the attorney general's office and the Washington's Fish and Game Department decided to rescind Mason's fine stating that although ''they remained confident in their case'', the case was being dropped due to Mason’s ''personal circumstances and condition.''
According to a statement, Attorney General Michael Delaney said that ''he's an Eagle Scout who's headed off to college. Clearly, he's not in a position to pay these recovery costs back to the state.'' In the same report, Fish and Game Lt. Kevin Jordan said that both sides compromised and ''we've reached what all of us believe is a reasonable conclusion that pursuing the reimbursement at this time would not be appropriate.'' Mason sent $1000 from his own money to the state to cover some of the cost of the rescue.
The Washington Post reported that Pamela Kogut, an attorney for the Mason, stated that the family was ''grateful to New Hampshire rescuers and appreciative of the decision to drop the fine.'' Kogut added that ''we have long maintained that Scott took his responsibility as a safe hiker very seriously, and that he was not negligent. We also believe that for a young man and a hardworking middle-class family, assessment of more than $25,000 was not warranted.''
New Hampshire is only one of eight states that allow the state to charges fees for rescue costs incurred. According to a review by the Associate Press last year, although Hawaii, Oregon and Maine have laws that allow rescue agencies to bill for their services, Maine is the only state who has enacted the law to recoup some of the rescue costs. Other states that allow agencies to bill for rescue efforts under the present law include Idaho, Colorado, California and Vermont however, the law is rarely used and expenses recouped. The Washington Post reports that many national search and rescue agencies are against the law citing reasons that the hikers might not call for help if lost or stranded due to possibility of a hefty fine.
According to Lt. Jordan, in light of Mason's case, it is not time to rethink the law because the expenses from Mason's case were not recouped. Attorney General Delaney agreed, and stressed that the state's decision to enact the law will not be dependent on seeking reimbursement from those who are able to pay. He added that Mason's case was unique and it doesn't establish any precedent.
Presently, Scott Mason, 18, is a high school senior living at home with his family in Massachusetts.
