Pennsylvania § 909 - Interference with lawful fishing and boating prohibited.

§ 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.