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 ?
For this reason, game farms typically use commercial feeds for meat breeds (Gonzalez-Redondo, 2003).
An undercover report by the League Against Cruel Sports (LACS) found a catalogue of neglect at a string of leading game farms.
Game farm animals also are confined at much higher concentrations than in the wild, Geist says, and this concentration allows diseases like chronic wasting to magnify.
Chronic Wasting Disease was eventually found on the South Dakota farm, and Luterbach thinks an animal from there infected the Saskatchewan game farm, which then bought and sold elk, seeding the disease into other operations.
The group's response was to pull up its tent stakes and cross over to the north side of Game Farm Road.
Public interest in, and access to, the game farm began to increase in 1948 when game farm staffer Clint Bishop started to assemble a small menagerie of animals in outdoor cages.
and the concoction is available to other game farm owners.
The largest operator is Bettws Hall Game Farm, near Welshpool, which produces more than 300,000 pheasant and partridge chicks each week on eight different sites around Mid-Wales.
Meanwhile, in August 2008, a whitetail doe from a Kent County, Michigan, game farm tested positive for CWD.
Last fall, Elkins pointed out, more than 160 elk escaped from one Idaho game farm shortly before the rut.
Founded in 1972, Nipissing Game Farm began as a small business producing 1,500 pheasants a year.
J&H Game Farm Navarino, Wisconsin, USA Nick Debt, dohrknob@aol.