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Interfering with Missouri's outdoorsmen has its price
by Jeff Leonard
Saturday, March 21, 2009

It was just nine years ago that Ed Fleshman, a trapper from Lebanon, Mo., became one of the first outdoorsmen in the state to find relief in a law passed in 1997 that protects hunters, anglers and trappers from interference.

“Each and every year, I have had my traps stolen or destroyed and finally decided to do something about it.” Fleshman said in a letter to the Missouri Department of Conservation (MDC).

In one year alone, Fleshman, who is also a volunteer hunter education instructor, had 39 coyote restraints stolen or destroyed. The perpetrator was convicted by a jury trial of not only theft but for violating Missouri Statute 578.151, “Interference with lawful hunting, fishing, or trapping in the first degree.”

The 1997 laws, which are still active, state the General Assembly recognizes that all persons shall have the right to hunt, fish and trap so long as they obey all rules and regulations.

Any person who intentionally interferes with the lawful taking of wildlife by another violates this law. This includes activities like intentionally harassing, driving or disturbing any game animal or fish for the purpose of disrupting lawful hunting, fishing or trapping.

The laws also make it illegal for anyone to enter or remain in hunting, fishing or trapping areas where these activities may occur, with the intent to interfere with them.

Fleshman’s case was just one example of the law’s importance. In 2001, it was enforced again when a female attempted to disrupt a deer hunt after disregarding a warning from a conservation agent.

Even after being told to stop, the woman continued to drive along a county road in Moniteau, honking her horn and playing her car radio loudly with the intent to disrupt the hunt of a man in a nearby tree stand. She pleaded guilty later in a Moniteau County Court.

The Missouri General Assembly didn’t stop with criminal punishment. Revised Statute 537.524, made it possible for the judge in the case to award monetary damages to any hunter or trapper adversely affected by a violation of the interference laws.

This provision made it possible for sportsmen to recover expenditures for license and permit fees, travel expenses, guide fees, equipment and supplies. The hunter or trapper had only to show that such expenditures were rendered “futile” by the interfering actions of the violator. Unfortunately for anglers, this “damages” provision has never applied to fishing.

Anglers aren’t out of the “damages” picture yet. A bill introduced by Rep. Brian Munzlinger (R-Williamstown) is currently being considered in the House and would include fishing in the provision that allows sportsmen to seek reimbursement for damages incurred through violations of the interference law.

Outdoors correspondent Jeff Leonard can be reached at outdoors@npgco.com

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