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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.


Endangered Species Act; Fish and Fishing.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


Collins Dictionary of Law © W.J. Stewart, 2006

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

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
After hearing the grievances of the delegation, the honorary game warden said that he would speak to the Punjab chief minister and the chief secretary in this regard so that posts in the wildlife department can be made equivalent to those in the forest department.
The next morning, game wardens showed up at her home.
In April 2015, a California game warden shot and killed a grower who pulled a gun on him when a grow on a wildlife refuge was discovered.
The game warden stepped back and said, "Okay, I've GOT to see this!" Old man Has No Cheese poured the fish into the river and stood and waited.
Queried on this seeming anomaly by Reisner, he said Tve heard that kind of bullbleep [that they won't hunt anymore] from a lot of game wardens too.
"He told me it was OK to hunt, but he then told me a federal game warden might have a different opinion," recalls Brendemuehl.
Backcountry lawman; true stories from a Florida game warden.
I didn't think anything else about it until I stopped and started chatting with a local game warden. He was doing his job, and while talking he looked in my truck and asked where I got the deer skull.
The only law enforcement experience I have was as a stream guard in Alaska in 1958-59 and as game warden at Ft.
Forest Service game warden Jerold Linville will discuss "How to be Safe in the Woods when Confronted by a Wild Animal"; 541-731-9070.
In 1956, George Adamson, a game warden in Kenya, shot and killed a lioness in self-defense.
Conservation Law Enforcement Technology is a two-year program of study that prepares the graduate for entry-level employment as a Conservation Law Enforcement Officer (game warden) in the state of Mississippi.