Just in case any of you need to reference these, I thought it would be a good idea to collect them in one place. I know we have members in all these states, but please add more if you come across them.
TexasTexas § 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN.
(a) This section may be cited as the Sportsman's Rights Act.
(b) In this section:
(1) "Wildlife" means all species of wild mammals, birds, fish, reptiles, or amphibians.
(2) "Process of hunting or catching" means any act directed at the lawful hunting or catching of wildlife, including camping or other acts preparatory to hunting or catching of wildlife that occur on land or water on which the affected person has the right or privilege of hunting or catching that wildlife.
(c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife.
(d) No person may intentionally harass, drive, or disturb any wildlife for the purpose of disrupting a person lawfully engaged in the process of hunting or catching wildlife.
(e) No person may enter or remain on public land or enter or remain on private land without the landowner's or his agent's consent if the person intends to disrupt another person lawfully engaged in the process of hunting or catching wildlife.
(f) This section does not apply to a peace officer of this state, a law enforcement officer of the United States, a member of the armed forces of the United States or of this state, or employees of the department or other state or federal agencies having statutory responsibility to manage wildlife or land during the time that the officer, member, or employee is in the actual discharge of official duties.
(g) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor.
(h) It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.
Added by Acts 1985, 69th Leg., ch. 731, § 1, eff. Aug. 26, 1985.
Amended by Acts 1993, 73rd Leg., ch. 700, § 1, eff. Sept. 11,
1993.
Louisiana On November 2, 2004, Louisiana voters overwhelmingly approved a constitutional amendment to guarantee every citizen the freedom to hunt, fish and trap. The amendment, garnering 81% of the votes (1,194,907 to 281,161) adds the following specific language to Article 1, the "Declaration of Rights," in the Louisiana Constitution: Section 27.
The freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for the people. Hunting, fishing and trapping shall be managed by law and regulation consistent with Article IX, Section 1 of the constitution of Louisiana to protect, conserve and replenish the natural resources of the state. The provisions of this section shall not alter the burden of proof requirements otherwise established by law for any challenge to a law or regulation relating to hunting, fishing or trapping the wildlife of the state, including all aquatic life. Nothing contained herein shall be construed to authorize the use of private property to hunt, fish or trap without the consent of the owner of the property.What does "Freedom to Hunt, Fish and Trap" do?
- Confirms that the freedom to hunt, fish and trap is an inherent right of citizenship and that the authority to limit that right for the common good is conveyed by the citizens to government, with the government accountable to the citizens.
- Preempts the prohibition of hunting, fishing and trapping, except as required to meet the obligation to protect, conserve and replenish the natural resources of the state pursuant to Article 9, Section 1 of the Louisiana Constitution.
- Serves to fend off attempts through emotional and zealous appeals, aimed at influencing a populace that is becoming ever more isolated from the production of the food it eats and the skills and traditions that built our society, to curtail the many traditional hunting/fishing/trapping activities enjoyed by Louisiana citizens and which were understood as a fundamental right by the immigrants who first settled our Nation, fleeing from tyrannical governments to find freedom in America.
- Reinforces Louisiana's rich hunting, fishing and trapping heritage.
- Reminds lawmakers and regulators of the importance of this heritage and their obligation to respect and protect it.
ArkansasARKANSAS CODE OF 1987 ANNOTATED TITLE 5. CRIMINAL OFFENSES SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE CHAPTER 71. RIOTS, DISORDERLY CONDUCT, ETC. SUBCHAPTER 2. OFFENSES GENERALLY 5-71-228
Obstruction of shooting, hunting, fishing, or trapping activities.
(a) It is unlawful for any person to willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing, or trapping in this state. Provided, that nothing in this section shall prohibit a landowner or lessee from exercising his or her lawful right to prohibit hunting, fishing, or trapping on his or her land, or from exercising any other legal right.
(b) (1) A court of general jurisdiction may enjoin conduct which would be in violation of subsection (a) of this section upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
(2) (A) A court of general jurisdiction may award damages to any person adversely affected by a violation of subsection (a) of this section which may include an award for punitive damages.
(B) In addition to other items of special damage, measure of damages may include 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 prevention of taking of a wild animal or fish.
(c) Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment for not to exceed thirty (30) days, or both, and if such person holds an Arkansas hunting, fishing, or trapping license at the time of conviction, such license shall be revoked.
(d) This section shall not prevent any wildlife officer or other law enforcement officer from performing his or her duties.
History. Acts 1991, No. 149, §§ 1-4.
FloridaFLORIDA STATUTES TITLE XXVIII. NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE CHAPTER 372. WILDLIFE 372.705.
Harassment of hunters, trappers, or fishers
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in §. 775.082 or §. 775.083.
Laws 1990, c. 90-170, § 2.
TennesseeTENNESSEE CODE ANNOTATED TITLE 70 WILDLIFE RESOURCES CHAPTER 4 MISCELLANEOUS REGULATIONS
Part 3 -- Hunter Protection Act
70-4-301 Definitions.
As used in this part, unless the context otherwise requires:
(1) "Taking" means the capture or killing of a wild animal and includes travel, camping, and other acts preparatory to taking which occur on lands or waters upon which the affected person has the right or privilege to take such wild animal; and
(2) "Wild animal" means any wild creature, the taking of which is authorized by the fish and game laws of the state. [Acts 1985, ch. 100, § 2.]
70-4-302 Violations -- Penalty.
Any person who performs any of the following commits a Class C misdemeanor:
(1) Interferes with the lawful taking of a wild animal by another with intent to prevent the taking;
(2) Disturbs or engages in an activity that will tend to disturb wild animals, with intent to prevent their lawful taking;
(3) Disturbs another person 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;
(4) Enters or remains upon public lands, or upon private lands without permission of the owner or the owner's agent, with intent to violate this section; or
(5) Fails to obey the order of a peace officer to desist from conduct in violation of this section if the officer observes such conduct, or has reasonable grounds to believe that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day on a specific premises. [Acts 1985, ch. 100, § 3; 1989, ch 591, § 113.]
70-4-303 Injunctions -- Damages -- Construction.
(a) Any court may enjoin conduct which would be in violation of § 70-4-302 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
(b) A court may award damages to any person adversely affected by a violation of § 70-4-302, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include 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 prevention of the taking of a wild animal.
(c) No provision of this part shall be construed to prohibit or otherwise restrict any landowner, tenant, or employee of a landowner from engaging in normal activities on or normal use of the land or property, and such activities or use shall not be deemed unlawful pursuant to any provision of this part. No provision of this part shall be construed so as to interfere with the right of the landowner to prohibit trespass upon the landowner's property by any person. [Acts 1985, ch. 100, s 4.]
