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Interference with lawful fishing and boating prohibited - 30 Pa. Cons. Stat. § 909

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     § 909.  Interference with lawful fishing and boating prohibited.
        (a)  General rule.--Except as otherwise provided in this
     title, it is unlawful for a person at the location where lawful
     fishing or boating is taking place to intentionally obstruct or
     physically interfere with the lawful fishing or boating.
        (b)  Activities that violate section.--A person violates this
     section if that person intentionally or knowingly commits any of
     the following:
            (1)  Disturbs fish in their habitat for the purpose of
        disrupting the lawful taking of fish where another person is
        engaged in the process of lawful fishing.
            (2)  Blocks or impedes another person who is engaged in
        the process of lawful fishing or boating.
            (3)  Uses natural or artificial visual, aural, olfactory
        or physical stimuli to affect fish behavior in order to
        hinder or prevent the lawful taking of fish.
            (4)  Creates or erects barriers with the intent to deny
        ingress or egress to areas where the lawful fishing or
        boating is permitted.
            (5)  Places obstructions or objects in the waters of this
        Commonwealth for the purpose of hindering lawful fishing or
        boating.
            (6)  Fails to obey the order of any officer authorized to
        enforce this title to cease and desist from conduct in
        violation of this section.
        (c)  Exception.--The conduct declared unlawful in this
     section does not include any lawful activities arising from
     ownership and occupancy of private lands, farming, mining,
     forestry practices, activities associated with oil and gas
     drilling and production, recreation and similar activities or
     exercise of defendant's rights of free speech under the
     Constitution of the United States or the Constitution of
     Pennsylvania. Nothing contained in this section shall be
     construed to authorize any interference with or disruption of
     activities associated with oil and gas drilling, production site
     restoration or other conduct necessary for compliance with the
     act of June 22, 1937 (P.L.1987, No.394), known as The Clean
     Streams Law, the act of December 19, 1984 (P.L.1140, No.223),
     known as the Oil and Gas Act, or other laws or regulations of
     the Commonwealth by the operator of the oil and gas site. In
     addition, nothing contained in this section shall be construed
     to authorize any interference with or disruption of activities
     conducted pursuant to a permit or other authorization of a
     Federal, State or local government agency or any other
     government agency.
        (d)  Enforcement and recovery of damages.--The commission or
     any person who is lawfully engaged in fishing or boating who is
     directly affected by a violation of this section may bring an
     action to restrain conduct declared unlawful in this section and
     to recover damages.
        (e)  Penalties.--A violation of this section is a summary
     offense of the first degree.
     (Dec. 19, 1996, P.L.1454, No.185, eff. 60 days)

        1996 Amendment.  Act 185 added section 909.

Last modified: November 27, 2007