The problem here is what what would constitute as "harrassment", "chase", and "capture"? That could technically make even simple herping illegal without a permit since that is technically "chasing" and/or "capturing" the animal.
Whenever I examine any herp or animal related legislation, I do not necessarily take it at face value. I tend to think of any and all of the unintended consequences (or perhaps intended) a given law might have.