This section comprises Louisiana's hunter harassment laws. Under R.S. 56:648.1, no person may engage in such activities as interfering with the lawful taking of wildlife, disturbing a wild animal or otherwise affecting its behavior with the intent to prevent or hinder lawful taking, disturb any hunter, trapper, or fisherman who is engaged in lawful taking, or enter or remain on state-managed lands/water or private lands/water with the intent to violate this section. Violation of the provisions of R.S. 56:648.1 constitutes a class two violation. The section allows the issuance of an injunction and recovery of actual damages by persons affected by such conduct.
Harassment of Hunters, Trappers, and Fishermen Prohibited
§ 648 . Definitions§ 648. Definitions
§ 648.1 . Harassment and Disturbance Prohibited§ 648.1. Harassment and Disturbance Prohibited
§ 648.2 . Remedies, Damages, and Penalties§ 648.2. Remedies, Damages, and Penalties
§ 648.3 . Failure to Obey Order; Violation§ 648.3. Failure to Obey Order; Violation
As used in this Subpart, the following definitions shall apply:
(1) “Wild animal” means any wild creature, including fish, wild birds, and wild quadrupeds, the taking of which is authorized by the provisions of this Title.
(2) “Process of taking” means any act directed at the lawful taking of a wild animal, including the acts of travel, camping, or other activity occurring in preparation for the taking which occurs on state-managed lands or waters governed by the provisions of R.S. 56:781-R.S. 56:787 or which occurs on private lands or waters with the permission of the owner or his agent.
Added by Acts 1982, No. 376, § 1.
HISTORICAL AND STATUTORY NOTES
2004 Main Volume
Pursuant to the statutory revision authority of the Louisiana State Law Institute, subsection designations A and B as found in Acts 1982, No. 376 were changed to paragraph designations (1) and (2).
Title of Act:
An Act to enact Part VIII-A of Chapter 1 of Title 56 of the Louisiana Revised Statutes of 1950, to be comprised of Subpart A, which shall be comprised of R.S. 56:648 through 648.3, relative to fish, wild birds and wild quadrupeds, to define certain terms; to prohibit the harassment or disturbance of hunters, trappers, and fishermen engaged in the lawful taking or process of taking of wild animals on either state-managed lands or waters and upon private lands or waters; to prohibit the disturbance of wild animals with the intent to prevent or hinder their taking; to prohibit the entrance on state-managed or private property with intent to harass or disturb hunters, trappers, or fishermen; to provide that it shall be unlawful to disobey the order of an enforcement agent in regard to these provisions; to provide for remedies, damages and criminal penalties for violation, and to provide for related matters. Acts 1982, No. 376.
No person shall engage in any of the following activities on lands or waters managed by the state pursuant to R.S. 56:781 through R.S. 56:787, or upon private lands or waters where a hunter, trapper, or fisherman has been given permission by the owner or his agent to take wild animals:
(1) Interfere with the lawful taking of a wild animal by a hunter, trapper, or fisherman or interfere with the process of taking, with intent to prevent the taking.
(2) Disturb a wild animal, or engage in any activity or place any object or substance that will tend to disturb or otherwise affect the behavior of a wild animal, with intent to prevent or hinder its lawful taking.
(3) Disturb any hunter, trapper, or fisherman who is engaged in the lawful taking of a wild animal or who is engaged in the process of taking, with intent to dissuade or otherwise prevent the taking, or to prevent such person's enjoyment of the outdoors.
(4) Enter or remain upon state-managed lands or waters or upon private lands or waters with intent to violate the provisions of this Section.
(5) Enter or remain upon any private property, including nonnavigable water, owned by another through the use of a floating duck blind or any other float or boat used for the purpose of hunting migratory waterfowl without the express, written permission of the landowner, lessee, lessor, or hunting club or organization authorized to hunt on the land.
Added by Acts 1982, No. 376, § 1. Amended by Acts 1990, No. 510, § 1.
HISTORICAL AND STATUTORY NOTES
2004 Main Volume
Pursuant to the statutory revision authority of the Louisiana State Law Institute, subsection designations A to D as found in Acts 1982, No. 376 were changed to paragraph designations (1) to (4).
In the introductory paragraph as amended in 1990, “R.S. 56:781--R.S. 56:787” was changed to “R.S. 56:781 through R.S. 56:787” pursuant to the statutory revision authority of the Louisiana State Law Institute.
A. The secretary may seek injunctive relief to restrain and prevent violations of R.S. 56:648.1, upon request by the person affected or who reasonably may have been affected by such conduct.
B. Any person adversely affected by a violation of R.S. 56:648.1 shall be entitled to recover actual damages, including expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that such expenditures were rendered futile by the actions of the person violating the provisions of this Section.
C. Violation of the provisions of R.S. 56:648.1 constitutes a class two violation.
A. It shall be unlawful for any person to continue any conduct in violation of R.S. 56:648.1 when ordered to desist by an enforcement officer who has observed such conduct or who has reasonable grounds to believe that the person has engaged in such conduct on that day or plans or intends to engage in such conduct that day on a specific property.
B. Violation of the provisions of R.S. 56:648.3(A) shall constitute a Class three violation.