Game Laws
Introduction to Game Laws
Game Laws, laws regulating the hunting or trapping of wild game: mammals, birds, or fish. As construed in the courts of the U.S., game is generally held to mean all wildlife fit for food; under some statutes the term is also held to include animals valuable for their fur. Oysters and clams that have been planted in beds by commercial fishers generally are not considered game, but the private property of the fishers.
Early game laws in Europe (such as the medieval English Forest Laws) were enacted to make hunting the sole privilege of the nobility and to prevent poaching; in the 19th century such laws were generally modified to allow anyone with a license to hunt. Game laws in the U.S. are directed at protecting wildlife from indiscriminate slaughter and capture, restricting the taking and molestation of game to certain so-called open periods of the year, or prohibiting the hunting and killing of game entirely. Apart from the states’ police power, the ownership of fish and game resides in the people of the states. Where no individual has any property rights to be affected, the legislature, as the representative of the people, may withhold or grant to individuals the right to hunt and kill game or may qualify or restrict that right. In other words, under U.S. law the hunting and killing of game is a privilege rather than a right.
Each of the 50 states has its own game laws, which are administered by fish and game commissions or by other agencies. Under most statutes, the possession or sale of certain fish or game during certain so-called closed seasons is prohibited. Occasionally these statutes expressly apply only to game caught within the state, but in most states these statutes have been held to apply to out-of-season possession or sale of game whether or not it was caught within the state. Certain statutes place limitations on the age, sex, or size of game allowed to be hunted, and bag limits per hunter may be set for the day or for the hunting season. Many states require hunting and fishing licenses, for which a fee is charged, that permit the taking of certain varieties during stipulated periods. Where waters lie between two states the right of fishery is generally regulated by an agreement between the two states.
When lands or waters are owned by a private individual, the exclusive right of hunting or fishing thereon belongs to the owner or tenant. The owner of land on both sides of a stream has the exclusive right to fish in the stream, but the rights of the owner of land on one side only extend to the center of the stream.” (1)
Resources
Notes and References
- Information about Game Laws in the Encarta Online Encyclopedia
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