Hunting Issues: Related Statutes
Statute by category |
Citation | Summary |
|---|---|---|
| ND - Initiatives - Constitutional Measure 1 (right to hunt) | Constitutional Measure 1 (2000) | This amendment would provide 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. It passed in 2000 (77% of votes). |
| ND - Initiatives - Initiated Statutory Measure 2 (game farm hunts) | Measure 2 (2010) | This 2010 ballot measure provided: A person is guilty of a class A misdemeanor if the person obtains fees or other remuneration from another person for the killing or attempted killing of privately-owned big game species or exotic mammals confined in or released from any man-made enclosure designed to prevent escape. This section does not apply to the actions of a government employee or agent to control an animal population, to prevent or control diseases, or when government action is otherwise required or authorized by law. It failed at the polls (43.4%). |
| NE - Ferret - § 37-526. Ferrets; use or possession prohibited, when; violation; penalty | Neb.Rev.St. § 37-526 | This Nebraska statute states that it shall be unlawful to hunt rabbits, squirrels, or any fur-bearing animal with or by the aid of a ferret. It is also unlawful to have a ferret in one's possession or control in a field or forest or in any vehicle going to or from hunting territory. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars. |
| NE - Hunting - Chapter 37. Game and Parks. | Neb. Rev. St. § 37-564 to 37-570 | This set of laws represents Nebraska's hunter harassment provisions. The section provides that no person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully hunting, trapping, or fishing or engaged in activity associated with hunting, trapping, or fishing. A court may enjoin conduct described under the section. The section states that it is an affirmative defense where the alleged violator was not trespassing at the time of the interference and was engaged in lawful activity in conflict with the hunting, trapping, or fishing activity. Any person violating section 37-564 shall be guilty of a Class III misdemeanor. |
| NE - Hunting, Internet - § 37-571, 37-572, 37-573. Hunt through the Internet | Neb. Rev. St. § 37-571, 37-572, 37-573 | These statute prohibits internet hunting and the hosting of internet hunting within the state of Nebraska. Any person who violates subsection (1) or subsection (2) of section 37-572 is guilty of a Class II misdemeanor. |
| NE - Initiatives - Amendment 2 (right to hunt) | Amendment 2 (2012) | A constitutional amendment to establish the right to hunt, to fish, and to harvest wildlife and to state that public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife. It passed with 76.7% of the vote. |
| NE - Livestock - Article 23. Domesticated Cervine Animal Act | Neb. Rev. St. § 54-2301 to 54- 2324 | This set of laws comprises Nebraska's Domesticated Cervine Animal Act. Under the act, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal is individually identified and kept at a premises for which a domesticated cervine animal facility permit has been issued by the department. A municipal, state, or federal zoo, park, refuge, or wildlife area, a bona fide circus or animal exhibit, or any private, nonprofit zoological society is not required to obtain a permit in order to own, possess, buy, sell, or barter a domesticated cervine animal, but such facilities are still governed by the provisions of the act regarding the testing, control, and eradication of cervidae diseases including chronic wasting disease. |
| NE - Wildlife - Article 2. Game Law General Provisions | Neb. Rev. St. § 37-201 to 248 | These statutes comprise the definitional section of Nebraska's wildlife code. Among the definitions include game, aquaculture, wildlife, hunt, and take. |
| NH - Eagle, Golden - Chapter 209. Game Birds; Pigeons. | N.H. Rev. Stat. § 209:1 - 209:13 | New Hampshire prohibits the hunting, capturing, killing, or possession of any bald or golden eagle or disturbing eagle nests and young. |
| NH - Hunting - Interference with Hunting, Trapping or Fishing. 207:57 Harassment. | N.H. Rev. Stat. § 207:57 | This represents New Hampshire's hunter harassment law. The law provides that no person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping while that individual is in a designated hunting area on public lands. The section does not apply to any incidental interference arising from the lawful and normal activities of public land users. Any person violating the provisions of this section shall be guilty of a violation. |
| NH - Hunting, Internet - § 207:8-a. Remote Control or Internet Hunting Prohibited | N.H. Rev. Stat. § 207:8-a | This statute prohibits engaging in internet hunting or assisting another person in internet hunting within the state of New Hampshire. Any person who violates this section is guilty of a class A misdemeanor if a natural person and guilty of a felony if any other person. In addition, the executive director may impose a civil penalty of not less than $10,000 for each violation of this section. |
| NH - Wildlife Damage - Wildlife Damage Control | N.H. Rev. Stat. § 207:22 to 207:30 | These New Hampshire statutes establish a wildlife damages control program to respond to conflicts between wildlife and people. A person who suffers loss or damage to livestock, bees, orchards or growing crops, by bear or mountain lion, may receive compensation from the state. The statutes allow a person to kill any unprotected bird or wild animal doing damage to poultry, crops, domestic animals on the person's property. |
| Nigeria - Endangered Species - Endangered Species Act (in English) | Decree No. 11 of 1985 | The hunting or capture of or trade in animal species listed in the First Schedule to this Act is absolutely prohibited. Furthermore, no person shall hunt, capture, trade in or otherwise deal with an animal species specified in the Second Schedule to this Act except if that person is in possession of a license issued under this Act. The act also sets out the conditions of licenses and permits. The Minister may by an order publish in the Federal Gazette alter the list of animals specified in the First or Second Schedule to this Act by way of addition, substitution or deletion or otherwise. Penalties for violations are also provided. |
| NJ - Hunting - 23:4-24.5. Computer-assisted remote hunting prohibited; definitions; exception for certain hunters | N. J. S. A. 23:4-24.5 | This New Jersey law prohibits computer-assisted remote hunting or providing or operating facilities for computer-assisted remote hunting in the State. |
| NJ - Hunting - Chapter 7A. Preventing Lawful Taking of Wildlife. | NJSA 23:7A-1 to 23:7A-3 | This set of New Jersey laws comprises the state's hunter harassment provisions. No person may, for the purpose of hindering or preventing the lawful taking of wildlife. A person who violates this act shall be liable to a civil penalty of not less than $100 nor more than $500 for each offense. In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator. |
| NM - Hunting - Chapter 17. Game and Fish and Outdoor Recreation. | NMSA 1978, § 17-2-7.1 | This law represents New Mexico's hunter harassment provision. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property. A first offense is a petty misdemeanor; a second or subsequent offense is a misdemeanor. This section does not apply to a farmer or rancher in pursuit of his or her normal farm or ranch operation or law enforcement officer in pursuit of his or her official duties. |
| NM - Hunting - § 17-3-49. Computer-assisted remote hunting prohibited; penalties | NMSA 1978, § 17-3-49 | This law makes it illegal to engage in computer-assisted remote hunting, provide facilities for that purpose, create or advertise such software or websites, or keep an animal confined for computer-assisted remote hunting. Violation also leads to a revocation of licenses issued by the state game commission. |
| NM - Wildlife - Article 15. Predatory Wild Animals and Rodent Pests | NMSA 1978, § 77-15-1 to 77-15-14 | The New Mexico County Predatory Control Act deals with predatory wild animals and rodent pests. On federal lands, the federal government pays for rodent pest repression. On public federal or state lands, the state and federal cooperative funds pay for rodent pest repression. On private land, rodent pest repression is based on voluntary cooperation of owners, but if the owner fails, after written notice, to destroy the prairie dogs, the state rodent inspector is authorized to enter the lands and destroy the prairie dogs at the expense of the owner. Any person who interferes with the rodent inspector is guilty of a misdemeanor punishable by a fine of $100 to $500. |
| Northern Ireland - Wildlife - Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 | 1995 No. 380 | These Regulations prohibit the deliberate taking, injuring, killing, disturbing, possession, or trading of certain wild species (as scheduled) in Northern Ireland. It is also an offence to take the nests or eggs of wild birds. |
| Northern Ireland - Wildlife - Wildlife and Natural Environment Act (Northern Ireland) 2011 | 2011 Chapter 15 | This Act provides various protections to certain wild animals, and prohibits facilitating, attending or participating in hare coursing events. |
| NV - Hunting - Chapter 503. Hunting, Fishing and Trapping | N. R. S. 503.015 | This law represents Nevada's hunter harassment provision. It is unlawful for a person, or a group of people acting together, to intentionally interfere with another person who is lawfully hunting or trapping. This section does not apply to any incidental interference from lawful activity by users of the public land, including without limitation ranchers, miners or persons seeking lawful recreation. |
| NV - Hunting, exotics - 504.295. Prohibited acts; regulations; licenses; inapplicability to alternative livestock | N. R. S. 504.295 | Under this Nevada statute, unless otherwise provided by statute no person may possess any live wildlife unless he is licensed by the division to do so, capture live wildlife in this state to stock a commercial or noncommercial wildlife facility, or possess or release from confinement any mammal for the purposes of hunting. However, the provisions of this section do not apply to alternative livestock and products made therefrom. |
| NY - Eagles - Chapter 43-B. Of the Consolidated Laws. | N.Y. Envtl. Conserv. Law § 11-0537 | New York makes it illegal to "knowingly or with wanton disregard for the consequences" take, transport, possess, or engage in commerce of bald eagles or their parts without a valid permit. This incorporates the exact language of the federal act. |
| NY - Enforcement, Conservation - Article 71. Enforcement. | McKinney's ECL § 71-0101 to 71-0927 | This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law. |
| NY - Hunting - Chapter 43-B. Of the Consolidated Laws | McKinney's E. C. L. § 11-1904 | This New York statute provides that no person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit the taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means: the shooting or spearing of a non-native big game mammal that is tied or hobbled; the shooting or spearing of a non-native big game mammal that is staked or attached to any object; the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape, among other things. |
| NY - Hunting, Internet - 11-1906 On-line shoots prohibited. | McKinney's E. C. L. § 11-1906, McKinney's E. C. L. § 71-0923 | This statute prohibits online shooting in the state of New York. Violation of the statute is punishable by a fine of not more than 2,500 dollars. |
| NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions | McKinney's E. C. L. § 11-0101 to 11-0113 | This set of statutes represents the definitional portion of New York's Fish and Wildlife Law. Among the provisions include definitions for game and non-game, a definition for "wild animal," which includes big cats, non-domesticated dogs, bears, and venomous reptiles, and the state's hunter harassment law. The section also provides that the State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership. |
| OH - Hunting - Chapter 1533. Hunting; Fishing. General Provisions. | R.C. § 1533.03 - 1533.031 | This section reflects Ohio's hunter harassment provisions. No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal. A person who is or may be reasonably affected by the prohibited conduct can seek an injunction. The companion statute also provides that no person shall purposely prevent or attempt to prevent hunting by creating noise or loud sounds through the use of implements that are intended to affect the behavior of the wild animal being hunted. |
| OH - Initiatives - Issue 1 Prohibition of the hunting of mourning doves | Issue 1, 1998 (failed) | This state issue, rejected by voters in 1998, would have amended Section 1531.02 of the Ohio Revised Code to prohibit the hunting or taking of mourning doves in Ohio. The proposed law specifically would have amended Section 1531.02 of the Ohio Revised Code by adding the words "NO PERSON SHALL HUNT OR TAKE A MOURNING DOVE." The measure failed with only 40.5% voting for the proposition. |
| OH - Nongame - Chapter 1533. Hunting; Fishing. Special Hunting Area; Nongame Birds; Scientific Permits. | R.C. § 1533.06 - 1533.09 | This Ohio statute prohibits the injuring, killing, pursuing, possessing, or exposing to commerce of all nongame birds. The statute further prohibits the killing or possession at any time of bald or golden eagles, except for the educational or zoological possession by government affiliated agencies. Notably, each possession or taking of a bird or bird part constitutes a separate offense. |
| OK - Game Animals - Part 4. Protected Game. § 5-410. Hawks; falcons; owls; eagles | 29 Okl. St. Ann. § 5-410 | Oklahoma law prohibits the knowing and willful killing or molestation of hawks, falcons, owls, or eagles, or their nests, eggs, or young. The only exceptions to this prohibition are the taking of a hawk or owl in the act of destroying domestic birds or fowl, or the use of hawks, owls, falcons, or eagles by licensed falconers. |
| OK - Hunting - § 5-212. Obstruction of shooting, hunting, fishing and trapping prohibited--Landowner's rights--Penalties--Exempt | 29 Okl. St. Ann. § 5-212 | This law reflects Oklahoma's hunter harassment provision. Under the law, a person may not willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing or trapping in this state. Violation is a misdemeanor with a fine of $100 to $500. A person convicted under this section is also liable to the person affected for all costs and damages resulting from the interference. |
| OK - Hunting, remote - § 5-201. Means of taking wildlife--Exceptions--Fines and punishments | 29 Okl.St.Ann. § 5-201 | Oklahoma's Internet hunting ban is located in Subsection B and states that "[e]xcept as otherwise provided for in this section, no person shall hunt wildlife or exotic wildlife by computer-assisted remote control hunting." Violation incurs a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of any person convicted of violating the provisions of subsection B or C of this section be revoked for a period of not less than one (1) year but not exceeding five (5) years. |
| OK - Initiative - State Question No. 742 (2008) (Constitutional Right to Hunt) | State Question No. 742 (2008) (Constitutional Right to Hunt) | Oklahoma Question 742 would add a new section to the State Constitution. It gives all people of this state the right to hunt, trap, fish and take game and fish. Such activities would be subject to reasonable regulation. It allows the Wildlife Conservation Commission to approve methods and procedures for hunting, trapping, fishing and taking of game and fish. It allows for taking game and fish by traditional means, and makes hunting, fishing, and trapping the preferred means to manage certain game and fish. The measure was approved by a margin of 80% to 20%. |
| OR - Hunting - 496.994. Unlawful to obstruct the taking of wildlife | O. R. S. § 496.994; 496.996 | These two sections reflect Oregon's hunter harassment provisions. Under 496.994, a person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking. Violation is a Class A misdemeanor. In a companion law, a person commits the crime of unlawful taking of wildlife if he or she discharges a hunting device toward a wildlife decoy in a manner inconsistent with lawful taking and the decoy is under the control of law enforcement officials. |
| OR - Predator Control - Chapter 610. Predatory Animals. | O. R. S. § 610.002 - 990 | These Oregon statutes pertain to the control of predatory animals, which are defined as feral swine, coyotes, rabbits, rodents, and certain birds, and establish the Predatory Animal, Rabbit and Rodent Control Fund. The State Department of Agriculture may employ hunters and trappers to control and eradicate harmful predatory animals. |
| OR - Vehicle - Hunting or harassing animals from snowmobile or all-terrain vehicle | O.R.S. § 821.260 | A person commits the offense of hunting or harassing animals from a snowmobile or an all-terrain vehicle if the person: (a) Operates a snowmobile or an all-terrain vehicle in a manner so as to run down, harass, chase or annoy any game animals or birds or domestic animals or (b) Hunts from a snowmobile or an all-terrain vehicle. In addition to other penalties, operators or owners of a snowmobile or an all-terrain vehicle may be liable as provided under ORS 821.310. |
| PA - Dog - § 550. General immunity from noise | 3 P.S. § 550 | This Pennsylvania statute provides that all owners and operators of dog training and special retriever training areas licensed by the Pennsylvania Game Commission shall be exempt and immune from any civil action or criminal prosecution in any manner relating to noise provided they were and remain in compliance with any applicable noise control laws or ordinances at the time the permit for establishment of the training area was authorized. |
| PA - Dog Law - Chapter 8. Dogs (consolidated dog laws) | 3 P.S. § 459-101 - 1206; 3 P.S. § 501, 531 - 532, 550 - 551; 34 Pa.C.S.A. § 2381 - 2386; 34 Pa.C.S.A. § 2928, 2941 - 2945 | These statutes represent Pennsylvania's Dog Law, and contain provisions related to licensing, rabies quarantines, kennels, and the dangerous dog chapter. The significant features of the law include a statewide control requirement for dogs (Section 305) and provisions for "dangerous dogs" (Section 501 et. seq.). Under the latter, any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, including household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears a required license tag. There is no liability on such persons in damages or otherwise for such killing. |
| PA - Hunting - § 2302. Interference with lawful taking of wildlife or other activities permitted by this title prohibited | 34 Pa.C.S.A. § 2302 | This reflects Pennsylvania's hunter harassment law. It is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title. Violation of this section is a summary offense of the second degree. A person adversely affected by prohibited activities may bring an action to restrain such conduct and to recover damages. |
| PA - Hunting, Internet - § 7641. Computer-assisted remote harvesting of animals | 18 Pa.C.S.A. § 7641 | This statute prohibits computer-assisted remote hunting and the operation of computer assisted hunting facilities in the state of Pennsylvania. Violation is a misdemeanor of the third degree. |
| RI - Hunting - § 20-13-16. Harassment of hunters, trappers, and fishers prohibited | Gen. Laws, 1956, § 20-13-16 | This law reflects Rhode Island's hunter harassment law. The law provides that no person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent the lawful taking. The language states that the listed actions must be done intentionally or knowingly. Violation results in a "civil violation" with a forfeiture of not less than $100 nor more $500. |
| RI - Hunting, Internet - § 20-1-25. Internet Hunting | Gen. Laws, 1956, § 20-1-25 | This statute prohibits internet hunting of any bird or animal within the state of Rhode Island. Violations of this section is a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or imprisonment for up to ninety (90) days, or both. |
| SC - Hunting - Article 13. Fox and Coyote Hunting Enclosures | Code 1976 § 50-11-2600 - 2650 | Under these South Carolina statutes, it is unlawful to buy, sell, transfer, possess, or release a live coyote or fox except as permitted. Foxes and coyotes obtained to stock hunting enclosures may be obtained only by the enclosure owner or operator from a South Carolina licensed trapper. A violation of any provision is a misdemeanor; the first offense is punishable by a fine of $50-500, and/or imprisonment up to 30 days. |
| SC - Hunting - § 50-1-137. Impeding or obstructing hunting, trapping, fishing, or harvesting of marine | Code 1976 § 50-1-137 | In South Carolina, it is unlawful for a person wilfully to impede or obstruct another person from lawfully hunting, trapping, fishing, or harvesting marine species. Any person violating the provisions of this section is guilty of a misdemeanor. |
| SC - Hunting - § 50-11-852. Unlawful to molest or kill birds of prey; bald eagles; penalties. | Code 1976 § 50-11-852 | This statute prohibits the killing of any bird of prey, resulting in a misdemeanor conviction. If the bird is a bald eagle, the individual faces a maximum fine of up to $1,000 and one year in jail in addition to the revocation of hunting privileges for five years. |
| SC - Hunting, Internet - § 50-11-95. Computer-assisted remote hunting and remote hunting | Code 1976 § 50-11-95 | This statute makes it illegal to establish or operate computer-assisted remote hunting facilities in South Carolina. It is also illegal to engage in computer-assisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm is located in this State. A person who violates this section is guilty of a misdemeanor and may be fined at least $5,000 and/or imprisoned for up to one year. |
| SC - Initiative - Amendment 1, Right to Hunt and Fish | Amendment 1, Right to Hunt and Fish (2010) (passed) |
The legislature summary for the proposed amendment states: "[a] joint resolution to propose an amendment to Article I of the Constitution of South Carolina, 1895, relating to the declaration of rights under the state's constitution, by adding Section 25 so as to provide that hunting and fishing are valuable parts of the state's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources." It passed with 89% voting "yes." |
| SC - Leash - § 50-11-780. Dogs engaged in hunting not required to be constrained by leash. | Code 1976 § 50-11-780 | This South Carolina statute provides that no dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section "supervision" means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog. |
| SC - Wildlife - Chapter 16. Importation of Wildlife. | Code 1976 § 50-16-10 to 70; § 50-11-1765 | This set of South Carolina laws relates to the possession of live wildlife. A permit is required for the following: the family Cervidae, a nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), Bovidae (bison, mountain goat, mountain sheep), coyote, bear, or turkey (genus Meleagris), and a "furbearer," which includes, but is not limited to, red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, and beaver. However, wildlife imported for exhibition purposes only by state wildlife departments, municipal zoos or parks, public museums, public zoological parks, and public scientific or educational institutions operated not for profit, and transient circuses are not required to procure a permit. Under another section, release of a member of the family Suidae (pig) into the wild is prohibited except as provided by law. Further, it is unlawful for a person to possess, transport, or otherwise bring into the state or release or introduce into the state any diseased wildlife or other animal that reasonably might be expected to pose a public health or safety hazard. Violating any permitting requirement under the chapter results in a misdemeanor with a mandatory fine of not more than $1,000 or up to 6 months imprisonment, or both. |