Illegal to Interfere With Hunting and Fishing

August 21, 2008

Question: Is there some kind of regulation that makes it unlawful for someone to interfere with or harass a hunter or angler who is hunting or fishing lawfully? (Nate S.)

Answer: Yes, according to Game Warden Lorraine Doyle, the Fish and Game Code has a section which protects hunters and anglers rights to lawfully fish and hunt for game in California. Fish and Game Code Section 2009 applies to “hunter harassment:”

a.   A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, or trapping at the location where that activity is taking place.

b.   A violation of this section is an infraction punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

c.   If any person is convicted of a violation of this section and the offense occurred within two years of another separate violation of this section which resulted in a conviction, the violation is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

d.   This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.

e.   In order to be liable for a violation of this section, the person is required to have had the specific intent to interfere with the participation of an individual who was engaged in shooting, hunting, fishing, falconry, or trapping.

f.   For purposes of this section, “interfere with” means any action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.

Wife = guilty

throw the book at her, judge!

Wife = guilty

throw the book at her, judge!

 

A lot of people are unaware of that law and think it's perfectly OK to keep wildlife away from hunters and anglers in order to "save" them.  In fact, once upon a time, a group of federal employees who worked at a certain park, chose to use their vehicles and sirens to scare elk away from hunters and into the park where they would be safe.  The federal employees found out the hard way that they were not immune to prosecution under that state's version of this law.  Cause a lot of excitement in that particular community at the time. 

It happened at deer camp one year on opening day. The tree hungers were driving around making a hell of a racket trying to scare the deer away.  The deer were all scared out of their beds and running around. Everybody shot deer. 

We didn't complain that they were breaking the law

a situation like this happened to a friend hunting ducks on the Petaluma river. He was where he was suppose to be yet a landowner on the other side of the river was making a big stink and was literally trying to scare all the ducks from coming in. Said friend ended up calling F&G whom paid the land owner a visit. Its kinda like buying a house next to a school them getting mad that twice a day the road is full of cars and kids. you knew what you were getting into