Question for Resident Lawyer Mike P

[Swimmer]

The General Laws of Massachusetts

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PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XIX. AGRICULTURE AND CONSERVATION

CHAPTER 131. INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES

Chapter 131: Section 5C. Obstruction or interference with lawful taking of fish or wildlife; remedies

Section 5C. No person shall obstruct, interfere with or otherwise prevent the lawful taking of fish or wildlife by another at the locale where such activity is taking place. It shall be a violation of this section for a person to intentionally (1) drive or disturb wildlife or fish for the purpose of interrupting a lawful taking; (2) block, follow, impede or otherwise harass another who is engaged in the lawful taking of fish or wildlife; (3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in order to hinder or prevent such taking; (4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; (5) interject himself into the line of fire; (6) effect the condition or placement of personal or public property intended for use in the taking of wildlife; or (7) enter or remain upon public lands, or upon private lands without the permission of the owner or his agent, with intent to violate this section. The superior court shall have jurisdiction to issue an injunction to enjoin any such conduct or conspiracy in violation of the provisions of this section. A person who sustains damage as a result of any act which is in violation of this section may bring a civil action for punitive damages. Environmental protection officers and other law enforcement officers with arrest powers shall be authorized to enforce the provisions of this section.
This section shall not apply to the owners of the lands or waters or tenants or other persons acting under the authority of such owners of the lands or waters.

So I guess the next time some little kid throws a rock in the water next to your lure or bait, report the tike. Just being facetious. I don't want any one to think panties are in a bunch. I am in a good mood, really.

[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?"