1. As used in this section, “interfere with hunting, fishing, or fur-harvesting activities” means one or more of the following:
a. To intentionally place oneself in a location where a human presence may affect the behavior of a fur-bearing animal, game, bird, or fish or the feasibility of killing or taking a fur-bearing animal, game, bird, or fish with the intent of obstructing or harassing another person who is lawfully hunting, fishing, or fur harvesting.
b. To intentionally create a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of a fur-bearing animal, game, bird, or fish with the intent of obstructing or harassing another person who is lawfully hunting, fishing, or fur harvesting.
c. To intentionally affect the condition or alter the placement of personal property used for the purpose of killing or taking a fur-bearing animal, game, bird, or fish with the intent of obstructing or harassing another person who is lawfully hunting, fishing, or fur harvesting.
2. A person shall not interfere with the lawful hunting, fishing, or fur-harvesting activities of another person in an area where hunting, fishing, or fur harvesting is authorized by a custodian of public property or an owner or lessee of private property.
3. A person who commits:
a. A first offense of interfering with hunting, fishing, or fur-harvesting activities is guilty of a simple misdemeanor.
b. A second or subsequent offense is punishable as a serious misdemeanor.
4. If a person who commits interfering with hunting, fishing, or fur-harvesting activities possesses a license, certificate, or permit issued by the department, the license, certificate, or permit is subject to suspension or revocation pursuant to section 481A.134.
5. This section shall not prohibit a landowner, tenant, or an employee of a landowner or tenant from performing normal agricultural operations or a law enforcement officer from performing official duties.
CREDIT(S)
Transferred from § 109.125 by the Code Editor for Code 1993. Amended by Acts 2000 (78 G.A.) ch. 1076, § 1; Acts 2000 (78 G.A.) ch. 1232, §§ 76, 77.
HISTORICAL AND STATUTORY NOTES
2009 Main Volume
The 2000 amendment by ch. 1076, rewrote the section which prior thereto read:
“481A.125. Intentional obstruction of lawful activities prohibited--penalty
“1. A person shall not intentionally obstruct the participation of another person in the lawful activity of hunting, fishing, or trapping. This subsection shall not prohibit a landowner or lessee from exercising the landowner's or lessee's lawful rights.
“2. A person violating this section is guilty of a simple misdemeanor.”
The 2000 amendment by ch. 1232 made nonsubstantive changes.