Question for Resident Lawyer Mike P

[Swimmer]

CHAPTER 131. INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES


Chapter 131: Section 90. Penalties


Section 90. Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

JR, watch out I learned how to cut and paste using the my history drag down list. Your going to need some more room on the server.

[Mike P]

Harassment in Massachusetts requires a pattern of conduct, not just a single occurrence.

It's also a misdemeanor, and the police may not be willing to make an arrest for it unless it's committed in their presence--your remedy then would be to go to the District Court having venue over the location and file an Application for Complaint.

It's also a specific intent crime, and a landowner who mistakenly believes that he's exercising his legal rights by telling you to scram is not acting with that criminal intent.

I'm not admitted to practice in RI and have no idea of what the law is there.

Same deal with violation of those hunter/fisherman harassment provisions of Chapter 131--those violations are misdemeanors and even an EPO may not want to make an arrest unless he or she actually witnesses the violation.

If the rocks land close enough to you, you might be able to persuade a cop that it was an Assault with a Dangerous Weapon, which is a felony---or you might not.

Often it comes down to who they think is going to be the bigger pain in the ass. All I can suggest is that you respectfully assert your right to be there---carry a copy of what either the AG or the Sec'y of State (not sure which) has posted on their website regarding shoreline access, and show that to the officer. I have seen it work both ways. I've seen local cops side with the fisherman and tell the landowner to stop complaining about it, and I've seen them take the fisherman aside and do the old, "do me a favor" deal. Such as, "this guy will write letters to the chief all winter, and you guys are only here for a couple of months--just do me a favor and go fish somewhere else tonight, OK?"