Angler Harassment

[GLF]

Anglers in Michigan have the right to enjoy their sport free from unreasonable and deliberate obstruction or interference.

Michigan law prohibits individuals from obstructing or interfering with the lawful taking of fish. Individuals, whose fishing is being obstructed, should promptly report the violation to the DNR toll free complaint line at 1-800-292-7800, a local conservation officer, or the nearest DNR office.

Angler harassment is a misdemeanor offense. Law enforcement officers may issue a citation for violations which take place in their presence, or may arrest with a warrant obtained on information provided by the affected angler.

When reporting any physical or other deliberate anti-angler confrontation, anglers should note the following points; who, what, where, when, and how. The Angler being harrassed should not under any circumstances become involved in a physical confrontation with any individual. If you are harassed you should inform the harasser of your feelings and request the harassment to stop.

[GLF]

obstruction or interference in lawful taking of aquatic species; prohibited conduct.

Sec. 48702a.

(1) As used in this section and section 48702b:

(a) “Aquatic species” means fish, reptiles, mollusks, crustacea, minnows, wigglers, and amphibians of the class amphibia.

( “Take” and “taking” mean to fish for by any lawful method, catch, kill, capture, trap, or shoot any species of fish, reptiles, amphibians, mollusks, wigglers, or crustacea, regulated by this part, or to attempt to engage in any such activity.

© “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water.

(2) A person shall not obstruct or interfere in the lawful taking of aquatic species by another person.

(3) A person violates this section when the person intentionally or knowingly does any of the following:

(a) Operates a vessel or a device designed to be used on the water which does not meet the definition of a vessel in a manner likely to significantly alter the behavior of aquatic species in order to hinder or prevent the lawful taking of an aquatic species.

( Wades or swims in a manner or at a location likely to cause a significant alteration in the behavior of aquatic species in order to hinder or prevent the lawful taking of an aquatic species.

© Tosses, drops, or throws any stone, rock, or other inert material in order to hinder or prevent the lawful taking of an aquatic species.

(d) Drives, herds, or disturbs any aquatic species in order to hinder or prevent the lawful taking of an aquatic species.

(e) Blocks, impedes, or harasses another person who is engaged in the process of lawfully taking an aquatic species.

(f) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect aquatic species behavior in order to hinder or prevent the lawful taking of an aquatic species.

(g) Erects barriers to deny ingress or egress to areas where the lawful taking of aquatic species may occur. This subdivision does not apply to a person who erects barriers to prevent trespassing on his or her property.

(h) Interjects himself or herself into the area where nets, fishing lines, or traps may be placed by a person lawfully taking aquatic species.

(i) Affects the condition or placement of personal or public property intended for use in the lawful taking of an aquatic species in order to impair the usefulness of the property or prevent the use of the property.

(j) Enters or remains upon private lands without the permission of the owner or the owner's agent, for the purpose of violating this section.

(k) Engages in any other act or behavior for the purpose of violating this section.

[GLF]

Sec. 48702b.

(1) Upon petition of an aggrieved person or a person who reasonably may be aggrieved by a violation of section 48702a , a court of competent jurisdiction, upon a showing that a person was engaged in and threatens to continue to engage in illegal conduct under section 48702a, may enjoin that conduct.

(2) A person who violates section 48702a is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $500.00 or more than $1,000.00, or both, and the costs of prosecution. A person who violates section 48702a a second or subsequent time is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not less than $1,000.00 or more than $2,500.00, or both, and the costs of prosecution. In addition to the penalties provided for in this subsection, any permit or license issued by the department authorizing the person to take aqunatic species shall be revoked. A prosecution under this subsection does not preclude prosecution or other action under any other criminal or civil statute.

(3) Section 48702a does not apply to a peace officer while the peace officer performs his or her lawful duties.

[Severus]

I think most anglers would settle the matter right then and there. I know I would. Still, it's good to know that the law is on our side.

[GLF]

I had a home owner come down on his dock and start yelling at me telling me I could not fish there. I know the laws on where I can and can not fish. I held up my cell phone and said he can call the dnr or the sheriff if he likes. He turned around and stormed away.

[DangerDan]

obstruction or interference in lawful taking of aquatic species; prohibited conduct.

Maybe I should show this law to my wife.... Seems like she's always harrassing my when I go fishing...

[SkeinMachine]

I live with fear all my life,sometimes she lets me go fishing.... :butcher:

[KoneZone]

I am a Salmon fisherman but I would change for the day. We have Crab Pots around here. If that won't work the Jerk:angry2: can always be converted to Jerk Bait!