game

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Game

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.

Cross-references

Endangered Species Act; Fish and Fishing.

See: bet, competition, contest, ridicule

game

see POACHING.

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

References in classic literature ?
She has but to find a warrior who will fight through ten consecutive games for her and survive.
O-Tar himself might have played for you had you not angered him, but now you will be played for in an open game by slaves and criminals, and you will belong to the side that wins--not to a single warrior, but to all who survive the game.
If I lose the game, it shall not be from not striving for it.
The game was hers, and only did not pay her for what she had given to secure it.
The injuries to Dak Kova had delayed the march so greatly that it was decided to give up the expedition, which was a raid upon a small Thark community in retaliation for the destruction of the incubator, until after the great games, and the entire body of warriors, ten thousand in number, turned back toward Warhoon.
I know, father-among-the-angels, I'm not playing the game one bit now--not one bit; but I don't believe even you could find anything to be glad about sleeping all alone 'way off up here in the dark--like this.
Tears swam into her eyes, and her lips trembled, turning defeat into victory, routing the all-potent Game with the strength of her weakness.
And if one lies the whole point of the game is lost," said Gania.
Alice thought she might as well go back, and see how the game was going on, as she heard the Queen's voice in the distance, screaming with passion.
If his meal is not ready in season, he takes his rifle, hies to the forest or prairie, shoots his own game, lights his fire, and cooks his repast.
To win would have been dangerous, because Mazarin would have changed his indifference into an ugly grimace; to lose would likewise have been dangerous, because she must have cheated, and the infanta, who watched her game, would, doubtless, have exclaimed against her partiality for Mazarin.
But this time it was neither an ante nor a stake that he threw away, but a mere marker in the game that he who held so many markers would not miss.