12/9/2015 12:45 PM

RIGHT TO HUNT AND/OR FISH

STATUS OF STATES WITH / WITHOUT

CONSTITUTIONAL OR STATUTORY PROVISIONS

(Updated August 2015)

The majority (30) of states do not have provisions in their constitutions establishing rights to hunt, fish or

trap game and fish. Rather, most states have either statutes or regulations declaring that these activities

are privileges (or statutory rights) subject to regulation and restriction by the state legislature and/or state

wildlife agency.

There are 20 states that currently have constitutional provisions addressing individuals’ right to hunt, fish,

and/or trap. Those states are: Alabama, Arkansas, California*, Georgia, Kentucky, Louisiana, Minnesota,

Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Rhode Island*, South Carolina, Tennessee,

Vermont, Virginia, Wisconsin, and Wyoming. (*California and Rhode Island have a “right to fish” only).

Of the 20 constitutional right to hunt or fish provisions, the term “right” regarding hunting or fishing is

actually used in 13. The remaining 7 states use various terms:

Georgia (“The tradition of fishing and hunting and the taking of fish and wildlife shall be

preserved for the people . . . .”);

Louisiana (“The freedom to hunt, fish, and trap wildlife . . . is a valued natural heritage that shall

be forever preserved for the people.”);

Minnesota (“Hunting and fishing and the taking of game and fish are a valued part of our

heritage that shall be forever preserved for the people . . . . ”);

Montana (“The opportunity to harvest wild fish and wild game animals is a heritage that shall

forever be preserved to the individual citizens of the state . . . .”);

North Dakota (“Hunting, trapping, and fishing and the taking of game and fish are a valued part

of our heritage and will be forever preserved for the people . . . .”); and

Vermont (“The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl

on the lands … and in like manner to fish . . . .”).

Wyoming. (“The opportunity to fish, hunt and trap wildlife is a heritage that shall forever be

preserved to the individual citizens of the state . . . .”)

Five states (Colorado, Florida, Idaho, Maryland, and Michigan) have a statutory right to hunt.

Two states (Missouri and Pennsylvania) have statutory privilege to hunt.

Of the 20 states that have no express statutory or constitutional right to hunt or fish, 3 states (Kansas,

Nevada, and West Virginia) have a right to bear arms constitutional provision which includes the right to

bear arms for the purpose of hunting.

Yellow—Constitutional Right Hunt and/or Fish—20

Gray—Statutory Right to Hunt and/or Fish—5

Green—Statutory Privilege to Hunt and/or Fish—2

Blue—Constitutional Right Pending—2

No Highlight—No Express Constitutional or Statutory Right or Privilege to Hunt and/or Fish—20

1. Alabama. Constitutional right. Amendment No. 597 to the Alabama Constitution (1996).

Right to Hunt and/or Fish

Page 2

2

All persons shall have the right to hunt and fish in this state in accordance with laws and

regulations.

2. Alaska. No constitutional right. No statutory right.

3. Arkansas. Constitutional right.. Amendment 88, Arkansas Constitution:

(1) Citizens of the state of Arkansas have a right to hunt, fish, trap, and harvest wildlife.

(2) The right to hunt, fish, trap, and harvest wildlife shall be subject only to regulations that

promote sound wildlife conservation and management and are consistent with Amendment 35

of the Arkansas Constitution. Public hunting, fishing, and trapping shall be a preferred

means of managing and controlling nonthreatened species and citizens may use traditional

methods for harvesting wildlife. Nothing in this amendment shall be construed to alter,

repeal, or modify:

(1) Any provision of Amendment 35 to the Arkansas Constitution;

(2) Any common law or statute relating to trespass, private property rights, eminent domain,

public ownership of property, or any law concerning firearms unrelated to hunting; or

(3) The sovereign immunity of the State of Arkansas.

Arkansas has other constitutional provisions (Amendment 35 to the Arkansas Constitution) that

establish constitutional protection for management and harvesting of wildlife.

4. Arizona. No constitutional right. No statutory right.

5. California.* Constitutional right to fish (silent about hunting). Art. 1, § 25 to the California

Constitution (1910).

The people shall have the right to fish upon and from the public lands of the State and in the

waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the

State shall ever be sold or transferred without reserving in the people the absolute right to

fish thereupon; and no law shall ever be passed making it a crime for the people to enter

upon the public lands within this State for the purpose of fishing in any water containing fish

that have been planted therein by the State; provided, that the legislature may by statute,

provide for the season when and the conditions under which the different species of fish may

be taken.

6. Colorado. No constitutional right. Does have statutory right. Colorado Rev. Stat. Ann. § 33-1-

101, provides:

(1) It is the policy of the state of Colorado that the wildlife and their environment are to be

protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the

people of this state and its visitors. It is further declared to be the policy of this state that

there shall be provided a comprehensive program designed to offer the greatest possible

variety of wildlife-related recreational opportunity to the people of this state and its

visitors and that, to carry out such program and policy, there shall be a continuous

Right to Hunt and/or Fish

Page 3

3

operation of planning, acquisition, and development of wildlife habitats and facilities for

wildlife-related opportunities. . . .

(2) All wildlife within this state not lawfully acquired and held in private ownership is

declared to be the property of the state. Right, title, interest, acquisition, transfer, sale,

importation, exportation, release, donation, or possession is permitted only as provided

in articles 1 to 6 of this title [Colorado Wildlife Act] or in any rule of the parks and

wildlife commission. . . .

(4) The state shall utilize hunting, trapping, and fishing as the primary methods of effecting

necessary wildlife harvests.

7. Connecticut. No constitutional right. See statutes in Connecticut General Stats. Ann. § 26.

8. Delaware. No constitutional right. See statutes in Delaware Code Ann. Title 7.

9. Florida. No constitutional right. Does have statutory right. Enacted in 2002 the following

statute, Florida Stat. Ann. § 372.002:

Right to hunt and fish.--The Legislature recognizes that hunting, fishing, and the taking of

game are a valued part of the cultural heritage of Florida and should be forever preserved

for Floridians. The Legislature further recognizes that these activities play an important part

in the state's economy and in the conservation, preservation, and management of the state's

natural areas and resources. Therefore, the Legislature intends that the citizens of Florida

have a right to hunt, fish, and take game, subject to the regulations and restrictions

prescribed by general law and by s. 9, Art. IV of the State Constitution.

Florida has other constitutional provisions that establish constitutional protection for

management and harvesting of wildlife.

10. Georgia. Constitutional right. Article 1, § 1, Para. XXVIII of the Georgia Constitution (2006).

The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for

the people and shall be managed by law and regulation for the public good.

11. Hawaii. No constitutional right. See generally Hawaii Rev. Stats. Ann. Title 12.

12. Idaho. No constitutional right. Does have statutory right. Idaho Code Ann. §36, which provides:

Wildlife property of state—Preservation

(a) Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the

state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be

preserved, protected, perpetuated, and managed. It shall be only captured or taken at such

times or places, under such conditions, or by such means, or in such manner, as will

preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and,

Right to Hunt and/or Fish

Page 4

4

as by law permitted to others, continued supplies of such wildlife for hunting, fishing and

trapping.

13. Illinois. No constitutional right. See generally Illinois Comp. Statutes Ann. Chaps. 515 & 520.

14. Indiana. No constitutional right. See generally Indiana Code 14-22-et seq. Constitutional right to

hunt legislation (Senate Joint Resolution No. 2) would add the following as Section 39 to Article Ito

the Indiana Constitution .

(a) The right to hunt, fish, and harvest wildlife:

(1) is a valued part of Indiana's heritage; and

(2) shall be forever preserved for the public good.

(b) The people have a right, which includes the right to use traditional methods, to hunt, fish,

and harvest wildlife, subject only to the laws prescribed by the General Assembly and

rules prescribed by virtue of the authority of the General Assembly to:

(1) promote wildlife conservation and management; and

(2) preserve the future of hunting and fishing.

(c) Hunting and fishing shall be a preferred means of managing and controlling wildlife.

(d) This section shall not be construed to limit the application of any provision of law

relating to trespass or property rights.

The measure will go before Indiana voters in November 2016.

15. Iowa. No constitutional right. See generally Iowa Code Ann. Chap. 483.

16. Kansas. No constitutional right. See generally Kansas Stat. Ann. Chap. 32. However, see,

Kansas Bill of Rights, Section 4 regarding right to bear arms for lawful hunting.

Individual right to bear arms; armies. A person has the right to keep and bear arms

for the defense of self, family, home and state, for lawful hunting and recreational use,

and for any other lawful purpose; but standing armies, in time of peace, are

dangerous to liberty, and shall not be tolerated, and the military shall be in strict

subordination to the civil power

17. Kentucky. Constitutional right. Kentucky Constitution, Section 255a (Creation proposed by 2011

Ky. Acts ch. 4, sec. 1; text as ratified on November 6, 2012):

Personal right to hunt, fish, and harvest wildlife - Limitations. The citizens of Kentucky have

the personal right to hunt, fish, and harvest wildlife, using traditional methods, subject only

to statutes enacted by the Legislature, and to administrative regulations adopted by the

designated state agency to promote wildlife conservation and management and to preserve

the future of hunting and fishing. Public hunting and fishing shall be a preferred means of

Right to Hunt and/or Fish

Page 5

5

managing and controlling wildlife. This section shall not be construed to modify any

provision of law relating to trespass, property rights, or the regulation of commercial

activities.

18. Louisiana. Constitutional right. Article I, Section 27 to the Louisiana Constitution (2004):

The freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by

hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for

the people. Hunting, fishing and trapping shall be managed by law and regulation consistent

with Article IX, Section I of the Constitution of Louisiana to protect, conserve and replenish

the natural resources of the state. The provisions of this Section shall not alter the burden of

proof requirements otherwise established by law for any challenge to a law or regulation

pertaining to hunting, fishing or trapping the wildlife of the state, including all aquatic life.

Nothing contained herein shall be construed to authorize the use of private property to hunt,

fish, or trap without the consent of the owner of the property.

19. Maine. No constitutional right. See generally 12 Maine Rev. Stat. Ann. Part 13, Sub. 4.

20. Maryland. No constitutional right. Does have statutory right. See generally Maryland Code

Titles 4, 10; [2005, ch. 416.].

§ 10-212. Hunting heritage protection.

(a) Findings of General Assembly.- The General Assembly finds and declares that:

(1) Hunting is an important and traditional activity in which 14,000,000 Americans who

are at least 16 years old participate,

(2) Hunters have been and continue to be among the foremost supporters of sound

wildlife management and conservation practices in the United States;

(3) Hunters and hunting organizations provide direct assistance to wildlife managers

and enforcement officers of federal, state, and local governments;

(4) Fees for hunting licenses, permits, and stamps, and taxes on goods used by hunters,

have generated billions of dollars for wildlife conservation, research, and

management;

(5) Hunting is an essential component of effective wildlife management, as it is an

important tool for reducing conflicts between people and wildlife and provides

incentives for the conservation of wildlife, habitats, and ecosystems on which wildlife

depends; and

(6) Hunting is an environmentally acceptable activity that occurs and can be provided

for on State public lands without adverse effects on other uses of the lands.

(b) Duties of Department related to maintenance of open lands for hunting.- The Department

shall:

(1) Keep land managed by the Department open for hunting unless the Department

determines that the land must be closed for reasons of public safety, fish or wildlife

management, or homeland security, or as otherwise required by law;

(2) Manage land under its authority to support, promote, and enhance hunting

opportunities to the extent authorized under State law; and

Right to Hunt and/or Fish

Page 6

6

(3) Manage land under its authority to prevent, to the greatest practical extent, any net

loss of acreage available for hunting opportunities on land managed by the

Department,

(c) Reports to General Assembly.- By October 1, 2006, and each year thereafter, the

Department shall submit to the General Assembly, in accordance with § 2-1246 of the

State Government Article, a report describing the land managed by the Department that:

(1) The Department closed to hunting during the previous year and the reasons for the

closures; and

(2) To comply with subsection (b) of this section, the Department opened to hunting

during the previous year to compensate for the acreage closed as described under

item (1) of this subsection.

21. Massachusetts. No constitutional right. See generally Massachusetts General Laws Ann. Chap.

131.

22. Michigan. No constitutional right. Does have statutory right to fish. See generally Michigan

Comp. Laws Ann. Chap. 324, including § 324.45301:

Lawful fishing with hook and line.

In any of the navigable or meandered waters of this state where fish have been or are

propagated, planted, or spread at the expense of the people of this state or the United States,

the people have the right to catch fish with hook and line during the seasons and in the

waters that are not otherwise prohibited by the laws of this state.

23. Minnesota. Constitutional right. Art. XIII, § 12 to the Minnesota Constitution (1999).

Hunting and fishing and the taking of game and fish are a valued part of our heritage that

shall be forever preserved for the people and shall be managed by law and regulation for the

public good.

24. Mississippi. Constitutional right. Approved in November 2014. See, House Concurrent

Resolution No. 30, proposing addition of Section 12A to the Mississippi Constitution of 1890.

The people have the right to hunt, fish and harvest wildlife, including by the use of

traditional methods, subject only to laws and regulations that promote wildlife

conservation and management and that preserve the future of hunting and fishing, as

the Legislature may prescribe by general law. Public hunting and fishing shall be a

preferred means of managing and controlling wildlife. This section may not be

construed to modify any provision of law relating to trespass, property rights, the

regulation of commercial activities or the maintenance of levees pursuant to Article

11.

25. Missouri. No constitutional right. Statutory provision interpreted as a statutory privilege. See

generally Vernon’s Ann. Missouri Stats. Chaps. 252 and 578, including:

Right to Hunt and/or Fish

Page 7

7

578.151. Legislative intent--interference with lawful hunting, fishing or trapping in the first

degree--penalty

1 It is the intent of the general assembly of the state of Missouri to recognize that all

persons shall have the right to hunt, fish and trap in this state in accordance with law and

the rules and regulations made by the commission as established in article IV of the

Constitution of Missouri.

2 Any person who intentionally interferes with the lawful taking of wildlife by another is

guilty of the crime of interference with lawful hunting, fishing or trapping in the first

degree….

26. Montana. Constitutional right. Art. IX, § 7 to the Montana Constitution.

Preservation of Harvest Heritage. The opportunity to harvest wild fish and wild game

animals is a heritage that shall forever be preserved to the individual citizens of the state and

does not create a right to trespass on private property or diminution of other private rights.

27. Nebraska. Constitutional right. Art. XV, §25 (2012)

§ 25. Right to hunt, to fish, and to harvest wildlife; public hunting, fishing, and harvesting

of wildlife; preferred means of managing and controlling wildlife. The citizens of

Nebraska have the right to hunt, to fish, and to harvest wildlife, including by the use of

traditional methods, subject only to laws, rules, and regulations regarding participation

and that promote wildlife conservation and management and that preserve the future of

hunting, fishing, and harvesting of wildlife. Public hunting, fishing, and harvesting of

wildlife shall be a preferred means of managing and controlling wildlife. This section

shall not be construed to modify any provision of law relating to trespass or property

rights. This section shall not be construed to modify any provision of law relating to

Article XV, section 4, Article XV, section 5, Article XV, section 6, or Article XV, section 7,

of this constitution.

See, also, Art. I, Sect. 1 (1988):

All persons are by nature free and independent, and have certain inherent and

inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to

keep and bear arms for security or defense of self, family, home, and others, and for

lawful common defense, hunting, recreational use, and all other lawful purposes, and

such rights shall not be denied or infringed by the state or any subdivision thereof. To

secure these rights, and the protection of property, governments are instituted among

people, deriving their just powers from the consent of the governed.

See also, generally, Nebraska Rev. Stats. Chap. 37.

28. Nevada. Constitutional right. Art. 1, Sect. 11(1):

Every citizen has the right to keep and bear arms for security and defense, for lawful

hunting and recreational use and for other lawful purposes.

Right to Hunt and/or Fish

Page 8

8

Also, see generally Nevada Rev. Stats. Ann. Title 45.

29. New Hampshire. No constitutional right. See generally New Hampshire Stats. Ann. Title 18.

30. New Jersey. No constitutional right. See generally New Jersey Stats. Ann. Title 23.

31. New Mexico. Constitutional right. Art. 2, Sect. 6 (1971, 1986):

No law shall abridge the right of the citizen to keep and bear arms for security and

defense, for lawful hunting and recreational use and for other lawful purposes, but

nothing herein shall be held to permit the carrying of concealed weapons. No

municipality or county shall regulate, in any way, an incident of the right to keep and

bear arms.

Also, see generally New Mexico Stats. Ann. Chap. 17

32. New York. No constitutional right. See generally McKinney’s ECL Art. 11.

33. North Carolina. No constitutional right. See generally North Carolina Gen. Stats. Ann. Chap. 113.

34. North Dakota. . Constitutional right. Art. XI, § 27 to the North Dakota Constitution (2000).

Hunting, trapping, and fishing and the taking of game and fish are a valued part of our

heritage and will be forever preserved for the people and managed by law and regulation for

the public good.

See also, Art. I, sect. 1 (1984):

All individuals are by nature equally free and independent and have certain inalienable

rights, among which are those of enjoying and defending life and liberty; acquiring,

possessing and protecting property and reputation; pursuing and obtaining safety and

happiness; and to keep and bear arms for the defense of their person, family, property, and

the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be

infringed..

35. Ohio. No constitutional right. See generally Ohio Rev. Code Title 15; see specifically, R.C. 1531.02

and R.C. 1531.08.

36. Oklahoma. Constitutional right. Art. II, Section 36 of the Oklahoma Constitution adopted by

referendum in November 1, 2008,

Right to Hunt and/or Fish

Page 9

9

All citizens of this state shall have a right to hunt, fish, trap, and harvest game and fish,

subject only to reasonable regulation as prescribed by the Legislature and the Wildlife

Conservation Commission. The Wildlife Conservation Commission shall have the power and

authority to approve methods, practices and procedures for hunting, trapping, fishing and the

taking of game and fish. Traditional methods, practices and procedures shall be allowed for

taking game and fish that are not identified as threatened by law or by the Commission.

Hunting, fishing and trapping shall be the preferred means of managing game and fish that

are not identified as threatened by law or by the Commission. Nothing in this section shall be

construed to modify any provision of common law or statues relating to trespass, eminent

domain, or any other property rights.

37. Oregon. No constitutional right. See generally Oregon Rev. Stats. Ann.

38. Pennsylvania. No constitutional right. Has statutory privilege. 34 Pa.C.S. §322(c)(13); see also

generally Pennsylvania Cons. Stats. Ann. Title 34.

Pennsylvania Game Commission is required to “serve the interest of sportsmen by preserving

and promoting our special heritage of recreational hunting and furtaking by providing

adequate opportunity to hunt and trap the wildlife resources of this Commonwealth.”

39. Rhode Island.* Constitutional right to fish. Art. 1, §17, Rhode Island Constitution (*silent about

hunting).

Fishery rights – Shore privileges – Preservation of natural resources. The people shall

continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore,

to which they have been heretofore entitled under the charter and usages of this state,

including but not limited to fishing from the shore …; and they shall be secure in their rights

to the use and enjoyment of the natural resources of the state with due regard for the

preservation of their values….

40. South Carolina. Constitutional right. The following language was passed in 2010:

The traditions of hunting and fishing are valuable parts of the state's heritage, important for

conservation, and a protected means of managing nonthreatened wildlife. The citizens of this

State have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws

and regulations promoting sound wildlife conservation and management as prescribed by the

General Assembly. Nothing in this section shall be construed to abrogate any private

property rights, existing state laws or regulations, or the state's sovereignty over its natural

resources.

Also, See generally South Carolina Code 1976 Title 50.

41. South Dakota. No constitutional right. See generally South Dakota Codified Laws Title 41.

42. Tennessee. The following language in the Tennessee Constitution was passed in 2010:

Right to Hunt and/or Fish

Page 10

10

The citizens of this state shall have the personal right to hunt and fish, subject to reasonable

regulations and restrictions prescribed by law. The recognition of this right does not

abrogate any private or public property rights, nor does it limit the state’s power to regulate

commercial activity. Traditional manners and means may be used to take non-threatened

species.

Also, see generally Tennessee Code Ann. Title 70.

43. Texas. No constitutional right. See generally Parks & Wildlife Code. Pending constitutional

amendment approved by the Texas Legislature (SJR 22) would add right to hunt as Art. 1, §34 to the

Texas Constitution to state as follows:

(a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional

methods, subject to laws or regulations to conserve and manage wildlife and preserve the future

of hunting and fishing.

(b) Hunting and fishing are preferred methods of managing and controlling wildlife.

(c) This section does not affect any provision of law relating to trespass, property rights, or eminent

domain.

(d) This section does not affect the power of the legislature to authorize a municipality to regulate

the discharge of a weapon in a populated area in the interest of public safety.

This measure goes before Texas voters in November 2015.

44. Utah. No constitutional right. See generally Utah Code Ann. Title 23. [However, Utah amended the

ballot initiative provisions in its Constitution in 1999 making it tougher to pass wildlife related ballot

initiatives. Article VI, Section 1(2)(a)(ii) of the Utah Constitution requires a two-thirds majority vote

on any ballot initiative to "allow, limit, or prohibit the taking of wildlife or the season for or the

method of taking wildlife . . . ." Ballot initiatives on all other matters require only a majority vote.]

45. Vermont. Constitutional right. Chapter II, § 67 to the Vermont Constitution (1777).

Hunting, fowling and fishing. The inhabitants of this State shall have liberty in seasonable

times, to hunt and fowl on the lands they hold, and on other lands not enclosed, and in like

manner to fish in all boatable and other waters (not private property) under proper

regulations, to be made and provided by the General Assembly.

46. Virginia. Constitutional right. Art. XI, § 4 to the Virginia Constitution (2000).

Right of the people to hunt, fish, and harvest game. The people have a right to hunt, fish, and

harvest game, subject to such regulations and restrictions as the General Assembly may

prescribe by general law.

47. Washington. No constitutional right. See generally Rev. Code Washington Ann. Title 77.

Right to Hunt and/or Fish

Page 11

11

48. West Virginia. No constitutional right. However, Article III, §22 to the West Virginia Constitution

(1986) states,

Right to Keep and Bear Arms. A person has the right to keep and bear arms for the defense

of self, family, home and state, and for lawful hunting and recreational use.

Elsewhere, in Article VI, §55 reference is made to “privilege of hunting, trapping, fishing or to

otherwise hold or capture fish or wildlife.”

49. Wisconsin. Constitutional right. Article I, § 26 to the Wisconsin Constitution (2003).

Right to Fish, Hunt, Trap, and Take Game. The people have the right to fish, hunt, trap, and

take game subject only to reasonable restrictions as prescribed by law.

50. Wyoming. Constitutional right. Art. 1 Sec. 38, Wyoming Constitution states:

The opportunity to fish, hunt and trap wildlife is a heritage that shall forever be preserved to

the individual citizens of the state, subject to regulation as prescribed by law, and does not

create a right to trespass on private property, diminish other private rights or alter the duty

of the state to manage wildlife.