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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.

See: bet, competition, contest, ridicule



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

References in periodicals archive ?
3) Being a Game Warden is Dangerous--According to California game warden Jerry Karnow, there have been 10 shootings involving game wardens in the state in the last seven years.
And, contrary to popular belief, neither can a game warden.
It's even worse in California, where game wardens have the lowest ratio of officers to residents of any state.
The fearless and dedicated game warden runs his own crocodile farm in the African state of Zambia, which is populated by 40 of the huge reptiles that he has hunted and captured alive with his own hands.
1 -- color) A black bear is caught in a makeshift trap in a culvert Friday evening by state Fish and Game wardens.
The influence of Europeans, from Vasco de Gama to present day conservation bodies, and the more recent work of game wardens (Parker was himself a game warden in Kenya) to counter poaching are all included in this fascinating overview.
Chief game warden David Booth said the protective mother will endeavour to hide the four-day-old fawn in the herd of 11 antelopes roaming 30 acres in the park
During two separate snowstorms, Maine Game Warden Pilots Durward Humphrey and Jason Bouchard received calls to rescue lost hunters.
We have New York paleontologist Bridget Fonda doing a fine Ally McBeal impression; game warden Bill Pullman as the Roy Scheider Brody clone from Jaws; grouchy town sheriff (Brendan Gleeson) and Oliver Platt as a mix of Matt Hooper (Jaws) and Ian Malcolm (Jurassic Park).