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 ?
Tears swam into her eyes, and her lips trembled, turning defeat into victory, routing the all-potent Game with the strength of her weakness.
It may have been the apprehensiveness of love, the wish to meet his need for her sympathy, and the desire to see the Game face to face for wisdom's sake,--and it may have been the clarion call of adventure ringing through the narrow confines of uneventful existence; for a great daring thrilled through her, and she said, just as simply, "I will.
Of course they may be called upon, as any warrior, to take part in a game, but their chances then of surviving are increased, since they may never again have the chance of winning to liberty.
These are games indeed--the very best that are seen.
And if one lies the whole point of the game is lost," said Gania.
Ferdishenko, is it possible to make a game out of this kind of thing?
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.
At times, he may be seen with his traps on his shoulder, buffeting his way across rapid streams, amidst floating blocks of ice: at other times, he is to be found with his traps swung on his back clambering the most rugged mountains, scaling or descending the most frightful precipices, searching, by routes inaccessible to the horse, and never before trodden by white man, for springs and lakes unknown to his comrades, and where he may meet with his favorite game.
If I lose the game, it shall not be from not striving for it.
Mazarin affected to be more attentive to his game than ever.
And more and more the taste for the larger game urged in Daylight's mouth.
His reference to the great games of which I had heard so much while among the Tharks convinced me that I had but jumped from purgatory into gehenna.