Introduction
Over the past six or so years, a wave of so-called “right
to hunt” legislative and constitutional provisions
has been sweeping through state legislatures. The movement
is sponsored by the U.S. Sportsmen’s Alliance, formerly
known as the Wildlife Legislative Fund of America, the same
group which co-authored the Animal
and Ecological Terrorism Act with the American Legislative
Exchange Council (ALEC). At least 21 states have considered
these provisions, and they have passed in at least six states.
The provisions are a radical response of some members of
the hunting community to new initiatives regulating certain
types of hunting, trapping, and other perceived “threats”
to the sport. In addition, they could be used to limit the
public’s use of ballot initiatives as a tool for managing
wildlife.
The impact of these provisions is unclear, particularly
since many of them grant the right to hunt “in accordance
with law and regulation.” They could, however, be
used as a basis to challenge existing and/or new laws and
regulations in the courts, or as a defense for individual
violations of game and fish laws. Also, concern has been
expressed that these provisions may interfere with endangered
species protection, Native American treaty rights, restrictions
on hunting on public lands, and firearm regulations.
In many states, hunting and fishing activities are already
well protected by law. Groups opposing “right to hunt”
provisions argue that they are not only unnecessary, but
could be harmful to wildlife management by taking away the
authority of the legislature and regulatory agencies to
make hunting and fishing decisions on behalf of the public.
Most important, however, is the fact that wildlife belongs
to all citizens of a state, hunters and non-hunters alike,
and is held in trust by the state for their benefit. Establishing
a constitutional right to hunt and fish violates that basic
trust responsibility, and elevates the desires of a segment
of the population over the needs of the whole.
Talking Points
- Wildlife belongs to all citizens and is held in trust
for them by the state. A constitutional amendment establishing
the right to hunt and fish violates the state’s
basic trust responsibility, and is unfair to citizens
who value other uses for wildlife.
- The state constitution should proclaim rights that guarantee
fundamental democratic principles, not provide protection
for recreational purposes.
- It is a solution in search of a problem. There is no
threat of hunting being banned. The amendments would not
even protect hunting since most specify that these activities
will continue to be regulated by state laws.
- These bills reflect misplaced priorities. It is wrong
to establish constitutional protection for hobbies such
as hunting. Why not protect knitting or golf? This trivializes
the constitution.
- This type of provision could preempt local hunting regulations.
- It could embolden hunters to stretch the limits of legal
hunting, including trespassing on private property while
hunting. These brazen activities pose serious risks to
property owners, children, and private property rights.
- It could create a loophole, which would give criminals
access to guns; i.e., criminals could claim that their
constitutional “right” to hunt means they
should be able to buy a gun.
- Such amendments could harm wildlife management by taking
away the ability of the legislature and state fish and
game authorities to make decisions on behalf of the public.
State Right to Hunt and Fish Laws and Constitutional Amendments
Alabama
Sportsperson’s Bill of Rights
Bill Number: H 359, 1996, Amendment 597
Status: Passed
In 1996, the voters of Alabama amended that state’s constitution
to guarantee a “right to hunt and fish.”
For text of the amendment, see: Alabama
Considers Constitutional “Right to Fish”
Arkansas
Constitutional Right to Hunt
Bill Number: SJR
1, 2003
Status: Died
Proposes a constitutional amendment, to be known as the
Sportsperson’s Bill of Rights, guaranteeing the right to
hunt, fish, and harvest game.
California
“The people shall have the right to fish upon and
from the public lands of the
State and in the waters thereof, excepting upon lands set
aside for fish hatcheries, and no land owned by the State
shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law
shall ever be passed making it a crime for the people to
enter upon the public lands within this State for the purpose
of fishing in any water containing fish that have been planted
therein by the State; provided, that the Legislature may
by statute, provide for the season when and the conditions
under which the different species of fish may be taken.”
(California Constitution, Article 1, Section 25, 1910)
Florida
Hunting, Fishing, & Gaming Rights
Bill Number: HJR
453, 2002
Status: Died in Committee
Constitutional amendment establishing the right of the people
of the state to hunt, fish, and harvest game, subject to
reasonable regulations and restrictions as prescribed by
general law and state constitution. Amends s. 26, Art. I.
Georgia
Right to Hunt and Fish
Bill Number: HB
301, 2001
Status: Passed and signed into law 4/18/2001
This bill amends the Georgia Code to declare that Georgia
citizens have the right to take fish and wildlife, subject
to the laws and regulations adopted by the board for the
public good and welfare. In addition, this bill prohibits
local governments from regulating hunting, trapping, or
fishing by local ordinance.
Constitutional Right to Hunt
Bill Number: SR
563
Status:
Senate Passed/Adopted 1/26/04; House Committee Favorably
Reported 2/12/04
Proposes an amendment to the Constitution so as to provide
that the people have the right to hunt, fish, and harvest
game, subject only to reasonable restrictions as the General
Assembly may prescribe by general law.
Indiana
Constitutional Right to Hunt
Bill Number: HJR
2, 2004
Status:
Referred to Committee on Rules and Legislative Procedures
1/13/04
Amends the Indiana constitution to provide that the people
have the right to hunt, fish, and harvest game.
Louisiana
Constitutional Right to Hunt and Trap
Bill Number: SB
47, 2003
Status:
In Committee, session ended (no carryover)
Amends the constitution to preserve the right to hunt, fish,
and trap.
Michigan
Hunting Rights
Bill Number: HJR
L, 2003
Status:
In Committee
Establishes hunting, fishing, camping, or taking game as
a Constitutional right.
Minnesota
The Hunting and Fishing Amendment
Bill Number: SF
41, 1997-1998
Status: Amendment Passed
A bill for an act proposing an amendment to the Minnesota
Constitution, article XIII, by adding a section affirming
that hunting and fishing and the taking of game and fish
are a valued part of our heritage.
Mississippi
In 1997, the Mississippi legislature considered putting
a similar state constitutional amendment before the voters,
but the measure did not pass.
Missouri
Constitutional Right to Hunt
Bill Number: SJR
24, 2004
Status
Amends the state constitution to provide for a constitutional
right to hunt, fish, and harvest game.
Montana
Constitutional Right to Hunt
Bill Number: HB
306, 2003
Status: Chaptered 4/3/2003
Amends the state constitution forever preserving the right
to hunt.
Nebraska
Preserve Hunting Rights
Bill number: LR
4CA, 2003
Status:
Carried over to Second Regular Session
Constitutional amendment to preserve the right to fish,
trap, and hunt
Attorney General’s Opinion #04003: Whether
LR4CA, a proposed amendment to the Nebraska Constitution
regarding hunting, fishing, and trapping, will have an affect
on the Nebraska Constitution and various existing statutes.
New Hampshire
Codifies the Right to Hunt, Trap, and Fish
Bill Number: HB
273, 2001
Status: Passed
This bill amends the New Hampshire Code by stating that
the fish and game department will recognize, preserve, and
promote hunting, fishing, and trapping and will provide
opportunities to carry out such activities in accordance
with title XVIII.
New Mexico
Right to Hunt
Bill Number: SJR
1, 1999
Status: Died
The “right to hunt” resolution would have made
it a constitutional right to hunt and fish, placing that
use above and beyond all other non-consumptive wildlife
uses.
North Dakota
Hunting, Fishing, Trapping for the Public Good/State Heritage
Bill Number: Constitutional
Measure 1, 2000
Status: Passed
This constitutional amendment, passed in 2000, provides
that hunting, trapping, and fishing are a valued part of
residents’ heritage and will be preserved for the people
and managed by law and regulation for the public good.
Pennsylvania
Right to Hunt
Bill Number: HB
1512, 2003
Status:
Passed House 2/9/04; In Senate Committee
Proposes an amendment to the constitution guaranteeing the
right to hunt and fish. Hunting and fishing are already
legal in the state.
Rhode Island
“The people shall continue to enjoy and freely exercise
all the rights of fishery, and the privileges of the shore,
to which they have been heretofore entitled under the charter
and usages of this state. But no new right is intended to
be granted, nor any existing right impaired, by this declaration.”
(Rhode Island Constitution, Article 1, Section 17, 1844)
South Carolina
Declaration of Rights
Bill Number: H
3702, 2003
Status: In Committee, session ended (03-04 carryover)
Proposes an amendment to the State Constitution; relates
to the declaration of rights; provides for the right of
the people to hunt, fish, and take game.
South Dakota
Bill Number: HJR
1004, 2003
Status:
Introduced, session ended (no carryover)
A joint resolution, proposing and submitting to the voters
at the next general election an amendment to Article XXI
of the Constitution of the State of South Dakota, relating
to hunting, fishing, and trapping.
Texas
Right to hunt
Bill Number: HJR
14, 2001
Proposing a constitutional amendment relating to the right
to hunt and fish.
Status: Died
Vermont
“The inhabitants of this State shall have the liberty
in seasonable times, to hunt and fowl on the lands they
hold, and on other lands not inclosed, and in like manner
to fish in all boatable and other waters (not private property)
under proper regulations, to be made and provided by the
General Assembly.” (Vermont Constitution, Chapter
2, part 67, 1777)
Virginia
Right to hunt
Ballot
Measure 2, 2000
Status: Passed
This Virginia ballot measure, passed in 2000, provides by
constitutional amendment that “the people have a right
to hunt, fish, and harvest game, subject to such regulations
and restrictions as the General Assembly may prescribe by
general law.”
Washington
Right to hunt and fish
Bill Number: HJR
4204, 2001
Status:
Died in Committee
Adds the right to hunt and fish to the Constitution of the
state of Washington.
Wisconsin
“Right to Hunt”
Bill Number: AJR
1, 2003
Status: Amendment Passed
Calls for a constitutional amendment guaranteeing the right
to hunt, fish, and trap.
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