NJ Hunter Harassment Laws

[Ms Grit]

If anyone else besides me feels the need to print and carry this with them next week, here you go . . .

 

 

New Jersey State Hunter Harassment Law (Statue 23:7A-1)

New Jersey

New Jersey Statutes Annotated Currentness. Title 23. Fish and Game, Wild Birds and Animals. Chapter 7A. Preventing Lawful Taking of Wildlife.

Statute Details
Printable Version
Citation: NJ ST 23:7A-1 - 3

Citation: N. J. S. A. 23:7A-1 - 3

Last Checked by Web Center Staff: 09/2010

Summary: This set of New Jersey laws comprises the state's hunter harassment provisions. No person may, for the purpose of hindering or preventing the lawful taking of wildlife. A person who violates this act shall be liable to a civil penalty of not less than $100 nor more than $500 for each offense. In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator.
Statute in Full:
23:7A-1. Definitions
As used in this act:
“Taking†means to hunt, capture, kill, trap, catch, net, possess, or collect, or to attempt to hunt, capture, kill, trap, catch, net, possess, or collect, wildlife.
“Wildlife†means any wild mammal, bird, reptile, amphibian, fish, shellfish, mollusk, crustacean, or other wild animal, or any part, product, egg, or offspring, or the dead body or parts, thereof.
CREDIT(S)
L.1993, c. 11, § 1, eff. Jan. 15, 1993.

23:7A-2. Hindering or preventing the lawful taking of wildlife prohibited; specific acts prohibited
No person may, for the purpose of hindering or preventing the lawful taking of wildlife:
a. block, obstruct, or impede, or attempt to block, obstruct, or impede, a person lawfully taking wildlife;
b. erect a barrier with the intent to deny ingress to or egress from areas where wildlife may be lawfully taken;
c. make, or attempt to make, unauthorized physical contact with a person lawfully taking wildlife;
d. engage in, or attempt to engage in, theft, vandalism, or destruction of personal or real property;
e. disturb or alter, or attempt to disturb or alter, the condition or authorized placement of personal or real property intended for use in the lawful taking of wildlife;
f. enter or remain upon public lands or waters, or upon private lands or waters without permission of the owner thereof or an agent of that landowner, where wildlife may be lawfully taken;
g. make or attempt to make loud noises or gestures, set out or attempt to set out animal baits, scents, or lures or human scent, use any other natural or artificial visual, aural, olfactory, or physical stimuli, or engage in or attempt to engage in any other similar action or activity, in order to disturb, alarm, drive, attract, or affect the behavior of wildlife or disturb, alarm, disrupt, or annoy a person lawfully taking wildlife; or
h. interject himself into the line of fire of a person lawfully taking wildlife.
Subsections a., b., e., f., and g. of this section shall not apply to a law enforcement officer or conservation officer enforcing the laws of this State or any local ordinance, or a private landowner or agent thereof on land or waters owned by that private landowner.
CREDIT(S)
L.1993, c. 11, § 2, eff. Jan. 15, 1993.

23:7A-3. Violations; penalties; civil actions for injunctive relief, other relief provided by law and damages
a. The Director of the Division of Fish, Game and Wildlife may institute a civil action in the Superior Court for injunctive and other relief for a violation of this act, and the court may proceed in the action in a summary manner.
b. A person who violates this act shall be guilty of a petty disorderly persons offense.
c. A person who violates this act shall be liable to a civil penalty of not less than $100 nor more than $500 for each offense, to be collected in a summary proceeding under “the penalty enforcement law,†N.J.S. 2A:58-1 et seq. The Superior Court and the municipal court for the municipality in which the violation occurred shall have jurisdiction to enforce “the penalty enforcement law.â€
d. For the purposes of subsections b. and c. of this section, if the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.
e. In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator. Special damages may include, but need not be limited to, expenditures of the affected person for license and permit fees, travel expenses, guide fees and expenses, and the cost of special equipment and supplies, to the extent any such expenditures were rendered futile by the action or activities of the violator.
CREDIT(S)
L.1993, c. 11, § 3, eff. Jan. 15, 1993.

Edited November 30, 2015 by Ms Grit

[JimmyScags]

Needed this past year. Had morons on mountain bikes circling me at waywayanda during 6day.

[BowhunterNJ]

Great post Robin!

[thefirstndsecond]

It is so disheartening to have to go through things like this.

 

You work so hard to hone your skills, find your harvest, and know the confusing laws.

 

Just to have to know this law because some people have it in their heads no hunting.

 

At some point hunters will have had enough....

[mikejd]

Thanks for posting..

[Besa0559]

I just printed a copy to carry with me. Two years ago a police officer informed me he could not do anything about a man banging two pots on state land.

[Meshach]

good post

[Bucksnbows]

Let's hope you won't need those notes next week, Robin. Great post

 

 

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[ub1243]

 

 

 make or attempt to make loud noises or gestures, 

if they are on their own property, they will get off on the charge.

happened down here to a CO.

judge threw it out. 

 

they can make any noise or disturbance on their property.

once they jump the property line, get'em. 

[Haskell_Hunter]

I'm not sure how many people are convicted of hunter harassment.  I think it's very low.  I searched the legal archives at Rutgers and only found two court cases--one challenging the constitutionality of the hunter harassment law in 1999, and the other was the group of antis who tried to stop the Wawayanda bear hunt and were busted by a CO dressed as a hunter.

 

However, I don't think muni cases are archived at Rutgers, only state-level cases.  But I still think it's very low.