The Louisiana legislature has passed Sen. Joe McPherson's bill, SB 2, proposing a constitutional amendment to include the freedom to hunt, fish, and trap as a fundamental right of Louisiana citizenship. The amendment will be on the Nov. 2 ballot. For more than six years, a wave of so-called "right to hunt" legislative and constitutional provisions has been sweeping through state legislatures. At least 21 states have considered these provisions, and they have passed in at least six states. The provisions are a radical response, by 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. In most states, hunting and fishing activities are already well protected by law. The impact of the LA bill is unclear, particularly since it states that "[h]unting, fishing, and trapping shall be managed by law and regulation." It 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. 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. The Louisiana state constitution should proclaim rights that guarantee fundamental democratic principles, not provide protection for recreational purposes. The voters of Louisiana should reject this amendment as unnecessary and an insult to their state constitution.

Ran 6/28/04