Full Statute Name:  Massachusetts General Laws Annotated. Part I. Administration of the Government (Ch. 1-182). Title XIX. Agriculture and Conservation (Ch. 128-132B). Chapter 131. Inland Fisheries and Game and Other Natural Resources. § 5C. Obstruction or interference with lawful taking of fish or wildlife; remedies

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Primary Citation:  MA ST 131 § 5C Country of Origin:  United States Last Checked:  January, 2015 Alternate Citation:  M.G.L.A. 131 § 5C Date Adopted:  1991
Summary:

This law reflects Massachusetts' hunter harassment provision. Under the law, 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. Acts prohibited include, but are not limited to, driving or disturbing wildlife, harassing another engaged in lawful taking of fish or wildlife, interjecting oneself into the line of fire, or erecting barriers to prevent access. A person may seek an injunction to prevent violation of this section and a person who sustains damages from any act in violation of the law may bring a civil action for punitive damages.

Statute Text: 

 

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.

CREDIT(S)

Added by St.1991, c. 364, § 1.

HISTORICAL AND STATUTORY NOTES

2002 Main Volume

St.1991, c. 364, § 1, was approved Dec. 19, 1991.

 

 

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