Hunter Harassment Law

[Snowman]

I think in one post or another someone wrote wondering if we had a law about hunter harassment. For those who don't know we do.    West's revised code of washington annotated title 77. game and fish. chapter 77.16. prohibited acts and penaties.  77.16.340. obstructing the taking of fish or wildlife--penalty--defense

(1) a perosn commits the crimeof obstructing the taking of fish or wildlife if the person:

    a. Harasses, drives, or disturbs fish or wildlife with the intent of disruping lawful pursuit or taking thereof; or
    b. Harasses, interferes with, or intimadates an individual engaged in the lawful taking of fish or wildlife or lawful predator control

(2) violation of this section is a gross misdemeanor under rcw 77.21.101.

(3) it is a defense to any prosecution under subsection (1) of this section, if the person charged:

    a. interfers with any person engaged in hunting outside legally established hunting season;
    b. is preventing or attemping to prevent the injury or killing of a protected wildlife species, as defined by this title;
    c. is preventing or attemping to prevent unauthorized trespass on private property; or
    d. is defending oneself or another person from bodily harm or property damage by a person attemping to prevent hunting in a legally established hunting season

 Enacted by laws 1988, ch.265, s1, eff. july 1, 1988

[HarborHunter3]

Good to hear we have something in this state.

[Snowman]

Found it digging around for some other stuff. I'm trying to figure out how many states have amemded there state constution on protecting hunting and fishing

[huntnphool]

I think in one post or another someone wrote wondering if we had a law about hunter harassment. For those who don't know we do.    West's revised code of washington annotated title 77. game and fish. chapter 77.16. prohibited acts and penaties.  77.16.340. obstructing the taking of fish or wildlife--penalty--defense

(1) a perosn commits the crimeof obstructing the taking of fish or wildlife if the person:

    a. Harasses, drives, or disturbs fish or wildlife with the intent of disruping lawful pursuit or taking thereof; or
    b. Harasses, interferes with, or intimadates an individual engaged in the lawful taking of fish or wildlife or lawful predator control

(2) violation of this section is a gross misdemeanor under rcw 77.21.101.

(3) it is a defense to any prosecution under subsection (1) of this section, if the person charged:

    a. interfers with any person engaged in hunting outside legally established hunting season;
    b. is preventing or attemping to prevent the injury or killing of a protected wildlife species, as defined by this title;
    c. is preventing or attemping to prevent unauthorized trespass on private property; or
    d. is defending oneself or another person from bodily harm or property damage by a person attemping to prevent hunting in a legally established hunting season

 Enacted by laws 1988, ch.265, s1, eff. july 1, 1988

The last couple of years in the area I hunt I have had a few granolas come riding their bikes up the forest roads ringing bells and honking horns. Man I wanted to just knock them right off their bikes.

[zackmioli]

whats stopping you? 

[HarborHunter3]

Some idiots in the capitol forest or somewhere near Olympia stretched a wire across a dirt bike trail and got a young kids head decapitated.

You just don't get that kind of behavior from the majority of hunters and fishermen.

I would have confronted those bikers. Don't know if I would have gave em the beat down but I would have chewed their buts. If they want to have an Irate 5'6" pissed off hunter running after them then they can start the ball. 

Besides those all vegie diets will give them the squirts while my high carb elk steak will give me that extra umph to make their skinny buts sheet! 

Maybe I just need to go shoot something. 4 months without guns will drive anyone crazy. lol

[billythekidrock]

How timely.
While hunting on the OP this weekend I was talking with a couple hunters who were told by the Rayonier office to be cautious on their property. They were told that "hunters" were locking gates and placing screens with spikes in the road. The supposed reason was they were "competitive" about their areas.
Sounds like harassment by the "hunters" that have been excluded from this hunt.

[ICEMAN]

So I cant hang a few extra blaze orange vests on trees all over the ridge we hunt anymore?? 

[Snowman]

How timely.
While hunting on the OP this weekend I was talking with a couple hunters who were told by the Rayonier office to be cautious on their property. They were told that "hunters" were locking gates and placing screens with spikes in the road. The supposed reason was they were "competitive" about their areas.
Sounds like harassment by the "hunters" that have been excluded from this hunt.

Sounds about right. That means they are no better than It's illegal for them to do that, but yeah I know how are you going to stop them. Well if there's a will and there's a way

[ThePascoKid]

Man am I glad I live on the Eastside, those people on the bikes are the same one's that got our bear baiting and hound hunting taken away.

[Snowman]

alot more here than over there. Hunt over on the eastside a bit and it's not to bad

[sisu]

Man am I glad I live on the Eastside, those people on the bikes are the same one's that got our bear baiting and hound hunting taken away.

Watch it I ride a bike to access some fishing areas and I'm a flesh eater! hahahahaha
BTW when running after the tree huggers you might mention that "long pig" is your favorite meat.

[Hunter4Life]

Great post Snowman.  I never knew that was an anti-harassment law in Washington!  Thank you for the info.

[mtndew]

I always keep the number written down for reporting illegal activity. You can be sure that I will be calling if any tree huggers interfere with my hunt!! (everyone should have the WDFW hotline number with them in the field, IMHO)

[Bean Counter]

whats stopping you? 

Probably the fact that he's like 99% of other hunters: ethical, valuing human life over animals, and less combative than those who are intolerant of him. 

Way to show your discipline.. 

[blessed]

There are SO many bears and cougers every where now why not stop and get out your preditor call out cnd call something up for them to protect???  STB

[edmondshunter]

The place I hunt has a parcell of land owned by two Veterinarians, their land borders the road on both side. They have posted no trespass, no hunting, no guns signs on the road about 20 yards before their prop. starts.  The surrounding land is owned by the city of Everett, and is open to the public to almost all outdoor activities except mush. picking and horses/ cars. 

The couple owns and keeps horses on the land, lets the 3 big dogs run wild, and tries to tell us we can't walk the public road, they have gone as far as to follow us in their car until we leave the road onto our trail.

1. Would any or all of this fall under harassment?

2. Am I wrong in assuming they have no rights to the road as far as public foot traffic?

[ICEMAN]

If they are harassing you as you cross on an easement, call the local sheriff. Sounds like harassment to me.

[Jerbear]

Iceman
Didn't you get some hunter harrassment from a uniform while hunting turkeys here in the spring?

[Oldguy]

Today the WDFW put out a bulletin suggesting that hikers wear blaze orange, familiarize themselves with hunting seasons and to make noise like singing, whistling or loud talk to alert hunters to their presence. Sounds like an invitation to harass hunters and scare game without penalty complements of the WDFW.

[ICEMAN]

Iceman
Didn't you get some hunter harrassment from a uniform while hunting turkeys here in the spring?

Sorry Jerbear, somehow I missed this. Yeah, some gamie took a liking to me and my son, followed us around, saw him like four times in one day...had me a bit worried. Maybe he liked me....like really really liked me or something....   

Oldguy, (not you Jerbear... ) No kidding? Gave them the go ahead to start hiking thru my hunt, singing and a whistlin'? We really need something to take their law creating minds off this topic, like the Democratic National Convention or something. I sure wish this "hunter" lapse in judgement/homicide did not happen. Cant we all just get along?

[jeepasaurusrex]

The place I hunt has a parcell of land owned by two Veterinarians, their land borders the road on both side. They have posted no trespass, no hunting, no guns signs on the road about 20 yards before their prop. starts.  The surrounding land is owned by the city of Everett, and is open to the public to almost all outdoor activities except mush. picking and horses/ cars. 

The couple owns and keeps horses on the land, lets the 3 big dogs run wild, and tries to tell us we can't walk the public road, they have gone as far as to follow us in their car until we leave the road onto our trail.

1. Would any or all of this fall under harassment?

2. Am I wrong in assuming they have no rights to the road as far as public foot traffic?

Wouldn't posting signs like that on city property be considered illegal?

[jeepasaurusrex]

I may print out a copy of that law and keep it with me. May come in handy in the coming months.

[hard hunter]

Thanks for all the inf.

[JB]

Real good stuff. Anyone who interferes with a hunt needs to be prosecuted.

[Palmer]

Today the WDFW put out a bulletin suggesting that hikers wear blaze orange, familiarize themselves with hunting seasons and to make noise like singing, whistling or loud talk to alert hunters to their presence. Sounds like an invitation to harass hunters and scare game without penalty complements of the WDFW.

I have rarely seen much game along the major hiking trails.  I always hunt at least 50 yards from them.

[Palmer]

I've been harassed a few times and when they threaten to call the sheriff, I tell them to do so right away.  They kind of freeze up and don't know what to do next.  Then they continue to harass and be more of an ahole.  Don't worry though.  If you're in the right, the sheriff will explain the laws to the person harassing you and notify them of their rights and limitations.

[high country]

I fished a "private" lake, that had 900' of timberland touching it. I entered the lake via said land and caught some of the 6-10 lb planted trout and 3lb crappie. the "owner" came out and raised hell with me, threated to call the law. I told him to do so and informed him of my conversation with ted holen (game warden at time)  about legal access and anti harrassment laws........dude was 3 shades of pissed. it seems that I was the only guy that was not paying 5g's a year to fish there.

dude offered to let me launch at his dock if I would keep it secret.

everyone ought to try fissing lake of the woods on spring valley road in PO co. access is through boise/forrest capitol land. best fishing is anywhere in the water.

park legally.

guess you know how I feel about that.

[Charlie]

Interesting.

RCW 77.15.210
Obstructing the taking of fish, shellfish, or wildlife — Penalty. 

(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:

     (a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

     (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

     (2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.

     (3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:

     (a) Interfering with a person engaged in hunting outside the legally established hunting season; or

     (b) Preventing or attempting to prevent unauthorized trespass on private property.

     (4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.

[ducksdoom12]

im glad u posted this i will be sending this to the jack ass who lives next to the farm that i have permission to hunt on(mainly jump shooting there, which makes it worse) who comes out and starts firing shells in the air when ever he sees me comming

[ICEMAN]

Video it a couple of times, then call Barney with your RCW in hand...

[Elliott]

yeah me and ducksdoom will be out there later this week, finally we can stop this f-er

[whacker1]

Thank you for the good information - I will print a few copies, laminate them, and put one in hunting pack and another in my fishing vest.
Regards,
Neil

[hornhunter]

I was hunting a release site once at the end of the season and my buddy and I heard a bunch of gun shots.  We thought they only released birds on the other part of the site.  There must have been 50 shots.  So after about 2 hours of walking we made our way to where the gun shots were coming from since we hadnt heard any for at least an hour.  When we got there we found about eight Snohomish County Sheriffs Vehicles.  With 4 in the back "cuffed"  They were firing in the air trying to scare the birds off!  Best part was it was the first week of Dec. and there had not been any birds released for two weeks.  I guess those  were bummed all ther efforts were for nothing!  We didnt see a bird, because there wernt any there!

[fc2038]

I was not on this site when this subject was written but I am glad someone resurrected it. I did not know there was a law on this subject. I WILL be taking copies along with me just in case I roll up on another ass trying to do his BS. I would love to see their face as Barney slaps the cuffs and bends them over the hood!

[FrankDown]

The state of Ohio has a similar law.  Some turdburglar started "fishing" in my dekes and I stood up out of my blind and asked him if he thought it was odd that the dusks didnt move.  He said he was fishing.  I told him he was interfering with a legal hunt and that it was illegal to do so.  I told him if he didnt move along I was going to call th esherriffs office.  So he did and that was that.  There had previously been a number of people that followed hunters around cursing at them and clapping at the lake that started this law.  At least one resulted in a physical altercation with a tree hugger and a hunter after they threatened him.

Im not sure what the last part of that means though fully,

d. is defending oneself or another person from bodily harm or property damage by a person attemping to prevent hunting in a legally established hunting season

I assume that it means that if someone assaults or tries to assault you there is an appendage that allows you to defend yourself without criminal recourse provided that there is evidence to do so.

[Old Wanderer]

Well allow me to throw a little napalm on this:

Department of Licensing
Summary of Citizen Arrest
October 11, 2005
Citizen Arrest in Washington State
Under Washington law, a private person can conduct a citizen’s arrest for a misdemeanor if the misdemeanor: (1) was committed in the citizen’s presence and (2) constituted a breach of the peace. State v. Gonzales, 24 Wn. App. 437, 439, 604 P.2d 168 (1979); Guijosa v. Wal-Mart Stores, 101 Wn. App. 777, 791, 6 P.3d 583 (2000).

Next time this happens...just put the jerks under arrest and call 911 to have the officer carry on from there. I have a little video camera (about the size of a pack of cigarettes) that I carry in my pocket to document.

As stated earlier, go after them for the cost of your hunt, travel, hunt preperation, etc..

RCW 77.15.212 Damages due to violation of RCW 77.15.210 — Civil
action.

Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.

Also found this from the State Supreme Court regarding fines... in 2004 the total bail amount for this was $1079:[/color][/i]

Do carry a copy of the various codes (in plastic) as some officers will feign ignorance of these laws if they are of the same political stripe as the jerks...

[whacker1]

I have a couple of corrections and additions - The correct law verbage was referenced, but the wrong or different RCW number.  I pulled this from the rcw web-site a few moments ago.  Thanks for starting this thread - I just went to the web-site to print copies that showed  www.leg.wa.gov siting where I took the information from.  This way if there were some sort of dispute over the information or an officer that disagreed with my point of view - at least my references would be accurate.  Anyway, I had difficulty finding one of them, but found it in a slightly different spot.  I also found a copy of the RCW that shows that it is illegal to post no hunting signs or no fishing on signs they don't own or lease.
see the three RCW's below:
 
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.210

RCW 77.15.210
Obstructing the taking of fish, shellfish, or wildlife — Penalty. 

(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:

     (a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

     (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

     (2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.

     (3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:

     (a) Interfering with a person engaged in hunting outside the legally established hunting season; or

     (b) Preventing or attempting to prevent unauthorized trespass on private property.

     (4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.


[2001 c 253 § 30; 1998 c 190 § 24.]
 
& the next one can be found at this link

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.212

RCW 77.15.212
Damages due to violation of RCW 77.15.210 — Civil action. 

Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.


[2000 c 107 § 238.]
 
And here is the one that I really like that I found by accident -

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.220


RCW 77.15.220
Unlawful posting — Penalty. 

(1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.

     (2) Unlawful posting is a misdemeanor

These would be the people that are