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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 ?
David Bridgwater's 10-year-old stayed on gamely in the closing stages to beat Smoking Aces (6-1 Fav) by three-quarters of a length in the hands of Tom Scudamore.
Sent off a 47-10 chance for the $250,000 Gamely, she wore down the front-running Celtic Princess in the dying strides for a head success.
After all, Magical Fantasy, a 4-year-old daughter of Diesis, won the Grade II Santa Barbara Handicap on April 18 at Santa Anita as the 3-1 co-second choice and was 9-2 on the morning line for the Gamely.
MORGAN BE stuck to his task most gamely on his Wetherby reappearance after being sidelined for a year.
But the visitors stuck gamely to their task and kept themselves in contention courtesy of four penalties from Wasps outside-half Jeremy Staunton.
Although he tried gamely to distance himself from the Democratic usufructers and to insist the legislation fits his history as a "property-rights advocate," the results would be similar: a huge government entity buying the rights to private property, rebuilding, profiting, then negotiating with the owner years later.
Shand-Tucci grapples gamely with the paradoxes using a prose style most unusual in architectural histiography.
The times: Middlesbrough defended gamely but did not threaten after Jimmy Floyd Hasselbaink hit the post in the 14th minute.
Tonight's second guest Carol Vorderman - looking impossibly glamorous for a trip to their Wembley semi - gamely thrills Sanjeev with tales of her fork-lift driving and Sudoku obsession.
He powered to the front two out and drew clear along with Dusky Warbler who battled on gamely before going down by half a length.
Inspired by the discoveries of the early theoretical physicists--Einstein, Bohr, Heisenberg, Planck--who were rewriting the structure and nature of the universe, alongside Sigmund Freud and company examining the human mind, artists gamely threw themselves into the fray.
During a reception hosted by his Winnipeg-based diocese, he gamely wore the traditional voyageur's sash that Rupert's Land is known for and warmly welcomed delegates by handing out drink chits.