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 periodicals archive ?
The RSPCA is opposed to shooting for sport, but where game birds are reared or kept for breeding, they should have access to appropriate facilities.
states and 12 Canadian provinces which were responsible for managing upland game birds.
What he really intends with others in the shooting industry is to create a smokescreen for the cruelty of game bird shooting and the disgraceful factory farming methods producing live quarry for 1sportsmen .
Bendigo Game Birds Limited offers upland game bird shooting, including pheasant, chukka, quail and partridge.
This fall and winter, countless chief executives will rise with the dawn, pull on worn leather boots and take to the fields and rushes in pursuit of a variety of game birds in the centuries-old tradition of wing shooting, or hunting birds in flight.
We're blessed to have a wide variety of game birds in this country; species such as quail, doves, partridges, grouse, pheasants and wild turkeys are found throughout the U.
The game birds were seized and handed over to the RSPCA, which is currently investigating the incident.
Chase's table and home accessories company, Lynn Chase Designs, will donate eight five-piece place settings, three large vegetable bowls and four three-piece dessert sets in the Winter Game Birds pattern, which features game birds on a gold and chestnut background.
There are four CDs in the series, one each on big game, game birds, waterfowl and predators (turkey calls are on the game birds CD).
Differential transmission of the genospecies of Borrelia burgdorferi sensu lato by game birds and small rodents in England.
The Earl of Cawdor, whose ancestor was immortalised in Shakespeare's Macbeth, pleaded with Nairnshire Challenge organisers not to let 460 competitors disturb his land and nesting game birds.