Hunting Issues: Related Statutes

Statute by categorysort descending Citation Summary
ME - Hunting - Title 12. Conservation. 12 M. R. S. A. § 10654 This law reflects Maine's hunter harassment provision. The law splits the conduct into two possible offenses. First, a person may not intentionally or knowingly interfere with the lawful hunting, fishing or trapping of a wild animal, wild bird or fish. Second, a person may not intentionally or knowingly disturb or attempt to disturb a wild animal, wild bird or fish with the intent to interfere with the hunting, fishing or trapping of a wild animal, wild bird or fish. A person who violates either section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
ME - Hunting, Internet - § 12101. License to operate commercial shooting area 12 M. R. S. A. § 12101 Subsection 1-C prohibits hunting via the Internet and the operation of Internet hunting services located within the state of Maine. A person who violates this section commits a Class E crime.
ME - Initiatives - Question 2 (bear hunting) Question 2 (2004) This Maine citizen initiated was defeated in the November 2004 election (only 47% voted "yes"). The question posed to voters asked voters, "Do you want to make it a crime to hunt bears with bait, traps or dogs, except to protect property, public safety or for research?" Per the Maine Bureau of Corporations, Elections, and Commissions summary, the initiated bill was to prohibit the use of bait to hunt or attract bear, the use of a dog to hunt or pursue bear and the use or setting of a trap to hunt or capture bear except under certain circumstances (such as by state or federal employees to kill or capture depredating bears or by commercial timber operators).
MI - Constitutional Provisions - § 5. State lands M.C.L.A. Const. Art. 10, § 5 This section describes the State legislature's authority over all state land and the requirement that all departments that have supervision or control of any state land submit an annual report as to the status of such land to the legislature
MI - Fishing - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.48701 - 48727 These sections lay out the guidelines for sport fishing including legal fishing devices, the open season for each species as well as the minimum legal size requirement for each species of fish.
MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.40112 This law makes it a crime to interfere or obstruct someone in the lawful taking of animals.
MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. M. C. L. A. 324.41701 - 41712 These sections set out the guidelines for private shooting preserves, including the species of wild animals and birds permitted to be hunted.
MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.41901 - 41905 These sections describe the powers of the Department of Natural Resources to regulate and even to close areas to hunting.
MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.42701 - 42714 These sections describe the licensing of and regulations of breeders and dealers, including zoological parks. These sections also describe the parameters for enclosures and pens.
MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.43301 - 43303 These sections place limitations on acreage held for sporting purposes and on acreage within 2 miles of other lands held for sporting purposes.
MI - Hunting, Internet - 750.236a. Engaging in, providing or operating facilities for, or providing or offering to provide equipment M. C. L. A. 750.236a, 236b, 236c A person in Michigan is not allowed to: (1) engage in computer-assisted shooting; provide or operate, with or without remuneration, facilities for computer-assisted shooting; or (3) provide or offer to provide, with or without remuneration, equipment specially adapted for computer-assisted shooting. Violation is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
MI - Hunting/Recreational Trespass - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.73101 - 73302 These sections describe the Department of Natural Resources ability to enforce and prosecute persons who enter upon the land of another, who remove or destroy signs or posters or enclose someone else's land without permission. These sections also describe the potential liability of landowners.
MI - Initiatives - Michigan Proposal 3 (mourning dove hunting) 2006 Michigan Proposal 3

In 2006, Michigan voters were presented with Proposal 3 that would have legalized the hunting of mourning doves by adding the species to the state game list. The measure was defeated by a 69 to 31 percent vote.

MI - Initiatives - Proposal 14-1, Keep Michigan Wolves Protected Proposal 14-1 (2014)

This proposal for 2014 is a referendum of Public Act 520 of 2012, which authorizes the establishment of the first open hunting season for wolves. It will appear on the November 4, 2014 ballot. The measure will UPHOLD Public Act 520, which allows the authorization of wolf hunting seasons in Michigan. In Michigan, a "Yes" vote on a veto referendum upholds the law and a "No" vote rejects the law. As a result, the referendum's supporters are campaigning for a "No" vote.

MI - Initiatives - Proposal 14-2, A REFERENDUM OF PUBLIC ACT 520 OF 2012, ESTABLISHING A HUNTING SEASON FOR WOLVES AND AUTHORIZING ANNUAL WOLF HUNTING SEASONS Proposal 14-2 (2014)

This is the second wolf-related ballot measure for the November 4, 2014 election that also operates as a veto referendum. If the proposal is approved, it would uphold Public Act 21 of 2013, which authorizes the Natural Resources Commission to directly designate game species (including wolves) and determine hunting seasons. In Michigan, a "Yes" vote on a veto referendum upholds the law and a "No" vote rejects the law. As a result, the referendum's supporters are campaigning for a "No" vote.

MI - Trapping - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.42501 - 42507 These sections describe the regulations for trapping for furs, hides and pelts. This includes the requirement for a fur dealer's license and for a monthly report of all pelts on hand.
MI - Wildlife Conservation - Chapter 324. Natural Resources and Environmental Protection Act. Article III. Natural Resources Ma MCL 324.40101 to MCL 324.40120 These sections define game animals and lay out the regulations for taking/hunting them. Moreover, the statute clarifies that the animals are property of the people of the state and are managed by the state for their benefit. This statute also contains the Scientific Fish and Wildlife Conservation Act passed in August of 2014. The Act allows the Legislature or bipartisan Natural Resources Commission to designate a wildlife species as game, but Natural Resources Commission orders must be consistent with its duty to use sound science. Section 324.40112 also sets out the state's hunter harassment provision.
MI - Wildlife Conservation - Chapter 324. Natural Resources and Environmental Protection Act MCL 324.40501 This Section describes the Department of Natural Resource's authority to co-operate with the federal government and to use hunters' license fees for wildlife restoration.
MN - Fish & Game - Chapter 97A. Game and Fish. Penalties M. S. A. § 97A.301 - 345 These Minnesota statutes pertain to criminal sanctions for violations of fish and game laws. A person is guilty of a misdemeanor if s/he takes, buys, sells, transports or possesses a wild animal in violation of the laws. A person is guilty of a gross misdemeanor if s/he knowingly disregards no trespassing signs or trespasses after being notified not to trespass. It is also a gross misdemeanor to violate provisions relating to buying or selling fur-bearers, deer, bear, moose, elk, or caribou, fishing with illegal methods, and transporting animals over the limit. A gross misdemeanor may be punished by a fine and/or imprisonment.
MN - Hunting - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.037 This law reflects Minnesota's hunter harassment provision. This law prohibits the intentional interference with the taking of wild animals. A person is also prohibited from disturbing wild animals to prevent or disrupt their lawful taking. Further, a person who has the intent to violate this law may not enter or remain on public lands or private land without permission of the owner. A person must obey the order of a peace officer to stop the harassing conduct that violates this section if the officer observes the conduct. Violation of this subdivision is a misdemeanor.
MN - Hunting - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.105 In Minnesota, there are license requirements for breeding fur-bearing animals, game birds, bear, and mute swans. Fox and mink may not be bought or sold for breeding unless they have been pen-bred for at least two generations. Live beaver may not be transported without a permit. A violation may result in all animals being confiscated. It is not necessary to have a license to purchase live game birds or their eggs if the birds are released, consumed, or processed within one year.
MN - Hunting, Internet - § 97B.115. Computer-assisted remote hunting prohibition M.S.A. § 97B.115 This statute prohibits computer-assisted remote hunting within the state of Minnesota. The statute also prohibits the operation or selling of any computer software or service that allows a person to engage in computer-assisted hunting. A person who violates this section is guilty of a misdemeanor.
MN - Initiatives - Amendment 2 (right to hunt) Amendment 2 (1998) This ballot measure asked whether the Minnesota Constitution should be amended to affirm that hunting and fishing and the taking of game and fish are a valued part of our heritage that shall be forever preserved for the people and shall be managed by law and regulation for the public good. The measure was passed in 1998 by 77.2% of voters.
MN - Vehicle - M.S.A. § 97B.091. Use of motor vehicles to chase wild animals prohibited M. S. A. § 97B.091 This Minnesota states that a person may not use a motor vehicle to intentionally drive, chase, run over, kill, or take a wild animal.
MN - Wildlife, possession - Chapter 97A. Game and Fish. Possession and Transportation of Wild Animals. M. S. A. § 97A.501 - 56 These Minnesota statutes restrict possession and transportation of wild animals. No one may transport wild animals taken, bought, or sold in violation of the game and fish laws. In general, a person may not take, import, transport, or sell an endangered species of wild animal, but there are exceptions.
MN - Wolves - 97B.645. Gray wolves, Gray wolf management plan M.S.A. § 97B.645 - 97B.648 These Minnesota statutes deal with hunting and management of gray wolves. The gray wolf management plan is meant to ensure the long-term survival of the gray wolf in Minnesota, to reduce conflicts between gray wolves and humans, to minimize depredation of livestock and domestic pets, and to manage the ecological impact of wolves on prey species and other predators. If a gray wolf is posing an immediate threat to livestock or a domestic animal, it may be permissible to kill the wolf. Under 97B-647, a person may not take a wolf without a wolf hunting or wolf trapping license. In 2014, these statutes were amended to make a person who unlawfully takes, transports, or possesses a wolf in violation of the game and fish laws, and has one or more prior convictions involving the taking of wolves, is liable for a civil penalty equal to the restitution value for the wolf; the statutes also require the Commissioner of Natural Resources to compile a list that is updated quarterly on known wolf deaths, based on reporting by conservation officers. The list must specify the date and location of each wolf death and must be available on the department Web site.
MO - Cruelty - Consolidated Cruelty Statutes V. A. M. S. 578.005 - 188; 566.111 These Missouri statutes comprise the state's anti-cruelty laws. The term "animal" means every living vertebrate except a human being. The provisions of sections 578.005 to 578.023 do not apply to the care or treatment performed by a licensed veterinarian, bona fide scientific experiments, hunting, fishing, or trapping, publicly funded zoological parks, rodeo practices, and several other listed activities as described in 578.007. A person is guilty of animal neglect when he or she has custody or ownership or an animal and fails to provide adequate care, or when that person knowingly abandons an animal in any place without making provisions for its adequate care. Animal neglect and abandonment is a class C misdemeanor upon first conviction with enhancement to a class B misdemeanor for subsequent convictions. A person is guilty of animal abuse when a person intentionally or purposely kills an animal in any manner not allowed by law, purposely or intentionally causes injury or suffering to an animal, or, having ownership or custody of an animal, knowingly fails to provide adequate care or control which results in substantial harm to the animal. Animal abuse is a class A misdemeanor unless the defendant has previously been found guilty of animal abuse or the suffering involved is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony.
MO - Fish and Game - Chapter 252 (The Wildlife and Forestry Law) V.A.M.S. 252.002 - 252.333

This chapter establishes the Missouri Department of Conservation, outlines the agency's scope of authority, and includes all of the state's wildlife and endangered species statutes.

MO - Hunting - Chapter 537. Torts and Actions for Damages. V. A. M. S. 578.151 - 153; V. A. M. S. 537.524 This Missouri law reflects the state's hunter harassment provision. Under the law, any person who intentionally interferes with the lawful taking of wildlife by another is guilty of the crime of interference with lawful hunting, fishing or trapping in the first degree. Violation is a class A misdemeanor. Additionally, any person who enters or remains in a hunting, fishing or trapping area where lawful hunting, fishing or trapping may occur with the intent to interfere with the lawful taking of wildlife is guilty of the crime of interference with lawful hunting, fishing or trapping in the second degree. Violation of this section is a class B misdemeanor. A court may enjoin conduct which would be in violation of the hunting interference laws and damages, including punitive damages, may be awarded to person adversely affected.
MO - Wildlife - Chapter 252. Department of Conservation--Fish and Game. V. A. M. S. 252.040 No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited. Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to record keeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars. At least one case has held this statute to be applicable to dogs chasing deer.
MS - Hunting - Chapter 7. Hunting and Fishing. In General. Miss. Code Ann. § 49-7-147 This law reflects Mississippi's hunter harassment provision. Under the law, no person shall intentionally interfere with or attempt to prevent the lawful taking of wildlife by another, attempt to disturb wildlife, or attempt to affect wildlife behavior to prevent lawful taking. Further, a person may not harass another person who is engaged in the lawful taking of wildlife or in the preparation for such taking. Engaging in such conduct is a Class II violation.
MS - Hunting - § 49-7-68. Computer-assisted remote hunting Miss. Code Ann. § 49-7-68 This Mississippi law makes it a Class I offense a person to engage in computer-assisted remote hunting. It is also unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state.
MS - Hunting, birds - § 49-1-39. Killing animals or birds injurious to agriculture; Miss. Code Ann. § 49-1-39; Miss. Code Ann § 49-5-7 Mississippi amended its laws in 2000 to specifically disallow the killing of any bird protected under the Migratory Bird Treaty Act, and was further amended to prohibit the killing or molestation of any wild bird (other than a game bird and some excepted species). While the law was written with an evident bias toward agricultural protection, it does specifically mention the eagle as one of the species protected under federal law.
MS - Initiatives - HCR 30, Establish the Right to Hunt, Fish and Harvest Wildlife as a Constitutional Right HCR 30 (2014) This 2014 proposed legislative referendum would establish the right to hunt and fish in the state. "Section 12A. The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject only to laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing, as the Legislature may prescribe by general law. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to trespass, property rights, the regulation of commercial activities or the maintenance of levees pursuant to Article 11."
MS - Wildlife, Bounty - Chapter 5. Health, Safety and Public Welfare. In General. Miss. Code Ann. § 19-5-51 This Mississippi law provides that any board of supervisors may, by appropriate resolution offer a bounty not to exceed $5.00 for each nutria, beaver or bobcat destroyed, where the board determines that nutria, beaver or bobcats are in such quantities that the preservation of trees is at issue. The The Mississippi Department of Wildlife, Fisheries and Parks will issue a $5 bounty upon the presentation of the tail of any beaver.
MT - Bear - Chapter 5. Wildlife Protection. Part 3. Grizzly Bear MCA 87-5-301 to 87-5-303 These Montana statutes state that state policy is to manage grizzly bears to avoid conflicts with humans and livestock, and control distribution by trapping and lethal measures. The commission may regulate the hunting of grizzlies and establish requirements for their transportation, exportation, and importation.
MT - Commerce - 87-6-202 Unlawful possession, shipping, or transportation of game fish, bird, game animal MCA 87-6-202 Under Montana State law, it is unlawful to buy, sell, or possess, or offer to buy, sell or possess any migratory game bird, game fish, or game animal. The exceptions include the possession and transportation of legally taken game animals, the sale or purchase of hides, heads or mounts of legally acquired game animals, and the possession of naturally shed antlers of game animals, among other exceptions.
MT - Hunting - Chapter 3. Restrictions and Regulations MCA 87-6-215 This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment.
MT - Hunting - Chapter 4. Commercial Activities. MCA 87-4-401 to 87-4-433 In Montana, a person may not operate an alternative livestock ranch without a license. Such ranches are defined as enclosed land upon which animals such as privately owned caribou, white-tailed deer, etc, are kept for purposes of obtaining, rearing in captivity, keeping, or selling. The rancher has reporting requirements. Failure to comply with provisions of the act may result in revocation of the license.
MT - Initiatives - Constitutional Amendment 41 Constitutional Amendment 41 (2004) This 2004 ballot measure was an amendment to the constitution proposed by the legislature. The 2003 Legislature submitted this proposal for a vote. It would amend the Montana Constitution by adding a provision specifically to recognize and preserve the opportunity of Montana citizens to harvest wild fish and wild game animals. The amendment specifies that this new provision does not create a right to trespass on private property or diminish any other private rights. This amendment is effective upon approval by the electorate. It was passed in 2004 by 80.6% of voters.
MT - Initiatives - I-143 (game farm reform) 1-143 (2000) This initiative would amend state law to prohibit all new alternative livestock ranches, also known as game farms. Existing game farms would be allowed to continue operating, but would be prohibited from transferring their license to any other party. They would also be prohibited from allowing shooting of game farm animals for any type of fee. The proposal also repeals provisions of the law concerning applications for expansion of game farms. If approved by voters, the measure would take effect immediately. It was passed in 2000 by 51.4% of voters.
MT - Wolves, gray - 87-1-901. Gray wolf management--rulemaking--reporting MCA 87-1-901 This statute provides that the wildlife commission shall establish by rule hunting and trapping seasons for wolves. In addition, the commission shall adopt rules to allow a landowner or the landowner's agent to take a wolf on the landowner's property at any time without the purchase of a Class E-1 or Class E-2 wolf license when the wolf is a potential threat to human safety, livestock, or dogs.
NC - Foxes- 113-291.4. Regulation of foxes; study of fox and fur-bearer populations N.C.G.S.A. § 113-291.4 This statute controls the taking of foxes and the various acceptable methods for doing so. Foxes may be taken with dogs year-round. Foxes are only allowed to be taken by a firearm under certain exceptions and they are not allowed to be taken by any electronic calling device. The statute further states that the Wildlife Resources Commission is directed to study foxes and fur-bearer populations and that subject to the findings from those studies the Commission may open a season if it finds that fox populations in a particular area are adequate to support a harvesting of that population. Lawful methods for taking game animals apply to taking foxes when an open season is declared. The Commission must implement a system of tagging foxes and fox furs with a special tag. No foxes or furs may be sold without a tag. The Commission is also authorized to declare a closed season if it finds that hunting foxes with dogs causes a harmful affect on turkey restoration projects. The Commission also has the authority to establish reasonable population control measures if a contagious animal disease is found in a local fox population.
NC - Fur/Dealer Licenses - Chapter 113. Conservation and Development. N.C.G.S.A. § 113-273 Defines "dealer" and all rules applicable to obtaining a dealer license. Defines "fur-dealer license" and "fur dealers" as those involved in the lawful buying and selling of wild animals or their skins, pelts, or fur. Defines "controlled hunting preserve operator licenses," "game bird propagation licenses," "furbearer propagation licenses" and "taxidermy licenses."
NC - Hunting - Chapter 113. Conservation and Development. N.C.G.S.A. § 113-295 This law reflects North Carolina's hunter harassment provision. Under the law, it is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources. Incidental interference is excluded from the statute. Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction.
NC - Hunting - § 113-291.1A. Computer-assisted remote hunting prohibited N.C.G.S.A. § 113-291.1A This North Carolina law states that it is unlawful for a person to engage in computer-assisted remote hunting or provide or operate a facility that allows others to engage in computer-assisted remote hunting if the wild animal or wild bird being hunted or shot is located in this State.
NC - Initiatives - Right to Hunt and Fish Amendment Session Law 2018 - 96 This amendment would acknowledge the right to hunt, fish and harvest wildlife, and to use traditional methods to hunt, fish and harvest wildlife. The amendment does not define “traditional methods.”
ND - Hunting - NDCC, 20.1-01-11 Hunting and harassing game from aircraft, motor vehicle, or snowmobile prohibited NDCC 20.1-01-11 This North Dakota statute states that no person operating or controlling the operation of any aircraft or motor vehicle in the state may intentionally kill, chase, or harass any wild animal or wild bird, protected or unprotected, unless exceptions under the statute apply. Also no person, while operating a snowmobile in the state, may intentionally kill, chase, flush, or harass any wild animal or wild bird, protected or unprotected.
ND - Hunting - Chapter 20.1-01. General Provisions. NDCC 20.1-01-31 This law reflects North Dakota's hunter harassment provision. Under the law, no person may intentionally interfere with the lawful taking of wildlife on public or private land by another or intentionally harass, drive, or disturb any wildlife on public or private land for the purpose of disrupting a lawful hunt. Also, no person may remove with or tamper with a legally set trap. This section does not apply to any incidental interference arising from lawful activity by public or private land users or to landowners or operators interfering with hunters on land owned or operated by that individual.
ND - Hunting, Internet - § 20.1-01-35. Hunting through the internet prohibited--Penalty NDCC 20.1-01-35 This law prohibits hunting through the Internet or otherwise enabling such activity as described in the law. A person who violates this section is guilty of a class C felony.

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