![]() ![]() Increasing urbanization, decreased habitat, declining numbers of sportsmen, and more restrictions on hunting are common factors in the quest to assert the right to hunt and fish in a state's most basic and difficult-to-amend document. Sportsmen in many states increasingly feel as if they are the ones outside the duck blind, and they are turning to state constitutions to ensure their hallowed pastime will continue in perpetuity. Hunting and Fishing a Constitutional Right? The measures in Arkansas, South Carolina and Tennessee passed, but Arizona became the first state to reject such an initiative.Arizona, Arkansas, South Carolina, and Tennessee had measures on the 2010 ballot to enshrine the right to hunt and fish in their state constitutions.Seven other states-Hawaii, Michigan, Missouri, New Jersey, New Mexico, New York and Pennsylvania-considered legislation to amend the constitution to add the right to hunt and fish in 2012, but were unsuccessful.In November of 2012, voters in four more states-Idaho, Kentucky, Nebraska, and Wyoming-overwhelmingly passed legislatively referred ballot measures to add a constitutional right to hunt and fish.The Indiana legislature adopted a resolution calling for an amendment establishing the right to hunt and fish in their constitution, but it must also pass in the 2015 or 2016 legislative session to be placed on the ballot.Eight states- Alabama, Indiana, Michigan, Missouri, New Jersey, New York, Pennsylvania and West Virginia-considered bills in 2014 proposing the creation of a state constitutional amendment to protect the right to hunt and fish.Alabama voters, nearly 80 percent of them, refined already existing language, adding that hunting and fishing are the “preferred means of managing and controlling wildlife.".Mississippi became the 18 th state with a constitutional right to hunt and fish provision with 88 percent of voters in favor of the amendment.Kansas, Maine, Michigan, New Jersey, New York, Oregon and West Virginia debated bills in 2015, but they failed to advance.Texas voters overwhelming approved enshrining the right to hunt and fish in the state’s constitution on November 2nd. ![]() ![]() Oklahoma passed a similar 2016 ballot initiatve to consider a constitutional amendment to secure the right to farm and ranch.Colorado, Iowa, Maine, Michigan, Missouri, New Jersey, New York, North Carolina, West Virginia considered legislation on the constitutional right to hunt and fish issue in 2016, but did not pass.Nevada passed language to amend its constitution to include the right to hunt and fish in 2015, but the language will not be effective until passed by the 2017 Legislature and approved by voters at the 2018 General Election.Indiana and Kansas voters approved amendments their respective state constitution to include the right to hunt and fish.While Vermont's language dates back to 1777, the rest of these constitutional provisions-in Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, Virginia, Wisconsin and Wyoming-have passed since 1996. Florida and New Hampshire statutorily recognize the right to hunt and fish.Ĭalifornia and Rhode Island have language in their respective constitutions guaranteeing the right to fish, but not to hunt. Advocates also consider Alaska’s constitutional language-“Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use”-as meeting the test because of its strong case law history. Oklahoma's constitution was amended in 2016 to include the right to engage in ranching and farming. Twenty-one states guarantee the right to hunt and fish in their constitutions, with twenty of those approved via the voters. ![]()
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