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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 ?
But a growing number of anglers hold the grayling in great esteem and consider her to be on a par with all game fish.
They compete with gizzard shed and never get too large to be eaten by game fish.
Saltwater fishing for marlin and other hard-fighting game fish is serious business along Hawaii's Kona Coast.
The Game Fish Landing Seat is a fishing seat and rod holder in one; it swivels a full 360 degrees and requires only minimal strength to use.
Making striped bass a game fish returns 100 percent of this public resource back to their rightful owners - everyone - and it does so by placing everyone on an equal basis.
6 /PRNewswire/ -- Founded on the eve of war in 1939, the International Game Fish Association (IGFA) provided critical assistance to the Allied war effort by redesigning the survival kits used by airmen and sailors lost at sea.
The author supplies concise information about the range, life history and biology of the selected game fish.
About 5 years ago, routine game fish sampling by Harley Speir and his colleagues at the Maryland Department of Natural Resources in Annapolis began picking up large numbers of striped bass with external sores.
Duane DeFreese, Director of Research of the Hubbs-Sea World Research Institute; Eric Draper, Deputy State Director of Audubon of Florida; Elaine Heldewier, Director of Environmental Health and Safety of Carnival Cruises; Frank Herhold, Executive Director of the Marine Industries Association of South Florida; Rob Kramer, President of the International Game Fish Association Fishing Hall of Fame and Museum; Steve Lewis, Attorney at Lewis Longman & Walker; Dr.
Hosted by Kathryn Maroun, one of North America's most beautiful and skilled outdoor sportspersons, the show takes viewers on a breathtaking journey to some of the world's most remote and exotic destinations in her quest to conquer the top 13 game fish.
Increasingly, anglers are catching game fish that have stomachs full of gobies--suggesting these larger fish may begin reining in the gobies' territorial dominance.
The result is a realistic, 3D fishing simulation that features 10 of the top freshwater lakes nationwide, including Minnesota's Lake of the Woods and South Carolina's Santee-Cooper Reservoir, as well as one of 30 different species of North American game fish, each perfectly modeled and shaded to ensure accuracy.