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Wild birds and beasts. The word includes all game birds and game animals.

The state, in its sovereign power, owns game for the benefit of the general public. The only manner in which a private individual can acquire ownership in game is by possessing it lawfully such as by hunting and killing it under a license.

Generally, every individual has the right to hunt and take game in any public place where his or her presence is lawful, so long as the person neither violates statutory regulations nor injures or infringes upon the rights of others. A hunter does not acquire an absolute right to a wild animal by mere pursuit alone, and the individual forfeits any potential ownership by abandoning the chase prior to capture. The exclusive right to hunt or take game on privately owned property vests in the owner or his or her grantees. This property right of the owner is limited by the right of the state to regulate and preserve the game for public use. A suit for Trespass may be brought against one who interferes with another's right to hunt.

A statute that proscribes the hunting of game without a license, and that requires the payment of a fee for such license, constitutes a proper exercise of the Police Power of the state.

Game laws govern the killing or taking of birds and beasts. Game wardens ordinarily can arrest violators, seize illegally taken game, bring actions for trespass, or institute prosecutions for violations of the game laws.

Under a number of game laws, it is a penal offense to kill or take certain types of game in certain seasons of the year or without a license. A hunter is required to exhibit a license when properly called on to do so, and it constitutes a legal violation if the person cannot do so.

In a situation where an individual has lawfully obtained possession of game—enclosing and caring for them as domestic animals—the person can kill one or more of them if necessary for care and management or for humane purposes. In addition, an individual might be justified in killing game in violation of the law if it were necessary for the protection of persons or property. It sometimes constitutes an offense to export game beyond the limits of the nation or state in which it was killed or captured, to ship it for sale in a certain manner, or to absent certain information upon the package.

The United States has entered into treaties with other countries, including Great Britain and Mexico, for the protection and preservation of migratory birds and game animals. It constitutes an offense to violate statutes that were enacted to implement such treaties. For example, a regulatory statute might limit the number of birds that can be killed by any individual each day, and it would be an offense to exceed such limit.

The federal government, subject to the consent of the state, can establish a game refuge for the protection of game and migratory birds and proscribe all hunting in the vicinity. The U.S. Fish and Wildlife Service is administered by the Interior Department, to conserve and preserve fish and game in wildlife refuges and game ranges.


Endangered Species Act; Fish and Fishing.

See: bet, competition, contest, ridicule



GAME. Birds and beasts of a wild-nature, obtained by fowling and hunting. Bac. Ab. h. t.; Animals; Ferae natural.

References in periodicals archive ?
Established 40 years Fairy Rath was gameness personified in making every yard of the totepool Mobile Text Tote To 89660 Handicap Chase.
Juul, Jesper, 2003, "The Game, the Player, the World: Looking for a Heart of Gameness," Keynote presented at the "Level Up" conference in Utrecht, November 4-6.
He hadn't counted on the gameness of the cashier who stood her ground.
IF medals were given for gameness, Lough Derg would be a leading contender for the Golden Gong.
Criquette Head-Maarek's filly showed commendable gameness to fend off Assertive by a neck, and may have most to fear from the runner-up's stablemate, Paco Boy.
Quested took over the mantle of McEvoy, who had done well against Taylor in the first half, but pride of place, difficult though the choice, must go toWatson for a fine exhibition of gameness, resource and craft as one could wish to see when he took over at left-half.
Primary interests include: Blavod Extreme Spirits, a now-publicly traded international producer of wines and spirits including the award winning Player's Extreme brand portfolio; MyLife:MyBusiness, a small-business training and CEO development company; Made To Order Websites, a top web hosting provider in the Chicago area; Gameness, inc, an international line of fight apparel, and Nashville MMA, the fastest growing Mixed Martial Arts school in the United States.
When chemotherapy took her hair from her she once donned a Rastafarian wig, and we all laughed at the hair gone by and her gameness in donning such an unlikely wig.