Harassment of Fishermen

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Did you know that Florida Statute Section 379.105 prohibits the harassment of fishermen, hunters, and trappers? The issue comes up for a myriad of reasons. Some people think putting a worm on a hook is murder. Other people have moral objections to fishing and hunting. Dock owners might be upset by fishermen approaching their dock, even though they have a right to be there.

To discourage confrontations and give officers tools to deal with these types of disputes, the legislature passed Florida Statute Section 379.105(1), which prohibits anyone from:

• acting intentionally to either:
  • interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another; or
  • attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another;
• while within a publicly or privately owned wildlife management or fish management area or on any state-owned water body.

Under Section 379.105, a violation of the prohibition on harassing a person fishing, hunting, or trapping is classified as a Level Two violation under s. 379.401. The penalties for a Level Two Violation depend on the number and timing of any prior designated convictions. For a first offense, a Level Two violation is charged as a misdemeanor of the second degree, punishable by up to 60 days in jail and a $500 fine.

For a second offense within three (3) years of a designated prior offense, the Level Two violation can be charged as a misdemeanor of the first degree, which is punishable by up to 12 months in jail and a $1,000 fine (unless otherwise provided).

For a third violation within five (5) years after two previous designated convictions, the crime is charged as a misdemeanor of the first degree, punishable by up to 12 months in jail and a $1,000 fine with a minimum mandatory fine of $500 and a suspension of any recreational license or permit issued under s. 379.354 for one (1) year.

For a fourth violation within ten (10) years, the crime is charged as a misdemeanor of the first degree, punishable by up to 12 months in jail and a $1,000 fine with a minimum mandatory fine of $750 and a suspension of any recreational license or permit issued under s. 379.354 for three (3) years.

Read more about the penalties for Fish and Wildlife Conservation (FWC) violations listed in Section 379.401.

This article was last updated on Thursday, September 12, 2024.