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2 | 2 | | HOUSE DOCKET, NO. 3514 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2061 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Jonathan D. Zlotnik |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act updating hunter harassment laws. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Jonathan D. Zlotnik2nd Worcester1/17/2025Susannah M. Whipps2nd Franklin2/10/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 3514 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2061 |
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18 | 18 | | By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 2061) of |
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19 | 19 | | Jonathan D. Zlotnik and Susannah M. Whipps for legislation to further regulate fines for the |
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20 | 20 | | obstruction or interference with lawful taking of fish or wildlife. The Judiciary. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act updating hunter harassment laws. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 131 of the General Laws, as so appearing in the 2016 Official |
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30 | 30 | | 2Edition, is hereby amended by striking out Section 5C and inserting in place thereof the |
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31 | 31 | | 3following section:- |
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32 | 32 | | 4 “Section 5C. The citizens of the Commonwealth shall have the right to harvest fish and |
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33 | 33 | | 5wildlife free from harassment subject to rules and regulations established to maintain sustainable |
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34 | 34 | | 6and healthy populations of such natural resources. |
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35 | 35 | | 7 (a) No person shall obstruct, interfere with or otherwise prevent the lawful harvest of fish |
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36 | 36 | | 8and wildlife by another at any such place in the commonwealth where it is lawful to do so. It |
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37 | 37 | | 9shall be a violation of this section for a person to intentionally: |
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38 | 38 | | 10 (1) drive or disturb fish or wildlife for the purpose of interrupting a lawful taking; or 2 of 3 |
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39 | 39 | | 11 (2) block, follow, impede or otherwise harass another who is engaged in the lawful taking |
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40 | 40 | | 12of fish or wildlife; or |
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41 | 41 | | 13 (3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in |
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42 | 42 | | 14order to hinder or prevent such taking; or |
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43 | 43 | | 15 (4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking |
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44 | 44 | | 16of wildlife may occur; or |
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45 | 45 | | 17 (5) interject himself into the line of fire; or |
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46 | 46 | | 18 (6) effect the condition or placement of personal or public property intended for use in |
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47 | 47 | | 19the taking of wildlife; or |
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48 | 48 | | 20 (7) enter or remain upon public lands, or upon private lands without the permission of the |
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49 | 49 | | 21owner or his agent, with intent to violate this section; or |
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50 | 50 | | 22 (8) verbally or physically harass, threaten or other means of intimidation of an |
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51 | 51 | | 23individual/s lawfully engaged in the harvest fish and wildlife; |
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52 | 52 | | 24 (9) utilize mechanical aerial devices to drive wildlife, harass, film, photograph or |
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53 | 53 | | 25otherwise intimidate. |
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54 | 54 | | 26 A violation of this paragraph shall be punished by imprisonment in a jail or house of |
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55 | 55 | | 27correction for not more than 1 year or by a fine of not more than $1,000 or both. |
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56 | 56 | | 28 (b) Any person having caused destruction or otherwise vandalizes equipment utilized, |
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57 | 57 | | 29directly or indirectly, for the lawful harvest of fish and wildlife including, but not limited to, |
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58 | 58 | | 30vehicles, blinds, stands, trail cams, fishing gear, boats, etc. shall be punished by imprisonment in 3 of 3 |
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59 | 59 | | 31a jail or house of correction for not more than 2 years or by a fine of not more than $5,000 or |
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60 | 60 | | 32both. |
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61 | 61 | | 33 (c) Any person having caused bodily injuries of another that were sustained from any |
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62 | 62 | | 34type of harassment or vandalism covered under this section shall be punished by imprisonment in |
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63 | 63 | | 35a jail or house of correction for not more than 5 years or by a fine of not more than $10,000 or |
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64 | 64 | | 36both. |
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65 | 65 | | 37 The superior court shall have jurisdiction to issue an injunction to enjoin any such |
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66 | 66 | | 38conduct or conspiracy in violation of the provisions of this section. A person who sustains |
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67 | 67 | | 39damage as a result of any act which is in violation of this section may bring a civil action for |
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68 | 68 | | 40punitive damages in addition to the penalties established herein. Environmental protection |
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69 | 69 | | 41officers and other law enforcement officers with arrest powers shall be authorized to enforce the |
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70 | 70 | | 42provisions of this section. |
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71 | 71 | | 43 (d) Unless authorized by the property owner it shall be unlawful to post land closed, or |
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72 | 72 | | 44restricted, to the lawful harvest of fish and wildlife. Any person convicted of illegally posting |
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73 | 73 | | 45land shall be punished by imprisonment in a jail or house of correction for not more than 1 year |
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74 | 74 | | 46or a fine of not more $1,000 or both. |
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75 | 75 | | 47 Any fines collected under this section shall be deposited into the Inland Fisheries and |
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76 | 76 | | 48Game Fund established under Section 2C of Chapter 131, and may be utilized for the purposes of |
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77 | 77 | | 49the Hunter Education Program. |
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