Hunting license
A hunting license is a regulatory or legal mechanism to control recreational and sports hunting.
Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority." [1]
Hunting licenses are millennia old.
Amongst the first hunting laws in the Common law tradition was from the time of William the Conqueror (reign in England starting 1066). In the Peterborough Chronicle entry of 1087, The Rime of King William reported in verse that:
Whoever killed a hart or a hind
Should be blinded. [2]
This was because "William the Conqueror's moral life lives in the landscape. His control of the forest mirrors his control of the people, and his establishment of hunting laws reveals the dissonance between his love for animals and his contempt for the populace: ...[3]
He loved the wild animals
As if he were their father.
That he loves the animals like a father implies, of course, that he does not love his people like one."[4]
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[edit] Canada
Hunting regulation and licensing falls under both provincial/territorial and federal jurisdiction. The federal government is responsible for protecting migratory birds and nationally significant wildlife habitat, the regulation for endangered species and the international wildlife issues and treaties (i.e. CITES) for Canada.[5] For example, Migratory Game Bird Hunting license is issued by the Canadian Wildlife Service[6], an agency of Environment Canada. All other matters fall under the provincial/territorial jurisdiction.
The use of firearms in hunting is also separated into provincial/territorial and federal jurisdiction. Whereas the Canadian Firearms Program will determine who is eligible for a Possession and Acquisition Licence and issuance of firearm registration certificates, it is the provincial/territorial government's responsibility to regulate when and how the firearms can be used in hunting animals.
In Québec hunter education and licensing is managed by the Fédération Québécoise de la Faune. Sécurité Nature, a program managed by the FQF, offers a variety of hunting education courses which allow residents to hunt legally after obtaining their licence and a permit at designated outlets (most hunting & fishing stores, Canadian Tires, etc.) for a fee.
[edit] Germany
A German fishing license is a certificate that grants its holder the exercise of hunting within legal ordinances. It is also the precondition to own hunting arms and ammunition (unlimited number of rifles/shotguns and up to two handguns). The actual right to exercise hunting in a specific area is entitled to the respective landowners (if they own an area of more than 200 acres (0.81 km2), otherwise all landowners of a municipality are integrated into an association) who may use their right for themselves or lease it. Depending on size and value of an hunting area a typical leasing rate may vary from about 10 to 100 USD per acre per year. Additionally the lesse has to pay the landowner any damage by deers, wild hogs etc. The right to hunt is connected to the duty to care for all kind of animals listed by the hunting laws. For several species such as deers plans have to be developed by hunters and authorities, how many animals of a specified class and age may (or have to) be killed within a certain period of time. The purpose of the hunting license is to ensure that only well trained persons may exercise hunting. Applicants must fulfill the following requirements: license cost 1320 euro
- Successful graduation of a hunting exam,
- Certificate of a liability insurance for hunters,
- Personal trustworthiness (§ 5 German Weapons Act),
- Applicants must be at least 16 years for a Youth Hunting License, otherwise 18 years,
- Flawless Criminal record.
The hunting exam is a test of expertise with a high failure rate. To pass it, each applicant has to participate in a comprehensive, difficult instruction course which consists largely of the areas shooting (shotgun and rifle), theory (esp. weaponry, local wildlife and habitat) and practise.
In practise the German system of examination for deer hunters (stalkers) is very much in line with the English DMQ level DSC2. Over the last ten years or so European countries in general have made efforts to harmonise the previously fragmented rules and regulations with parallels being taken from the more difficult UK system.
[edit] United States
In the United States, Regulation of hunting is primarily performed by the state law; additional regulations are imposed through United States (Federal) environmental law regarding migratory birds (such as ducks and geese) and endangered species.
Like many licenses, a hunting license is considered a privilege granted by the government, rather than a constitutional right under the Second Amendment.[7][8]
As a general rule, unprotected pest species are not subject to a hunting license. Vermin may be hunted without a license, or may even be the subject of a bounty paid to the hunter. This is especially true for predatory carnivores such as coyotes and wolves.[9]
[edit] State licenses
Each state has different standards and paperwork requirements for getting a hunting license. These includes the areas, time periods, harvesting techniques, distinctions between species, and a hunting safety course.
Licenses to hunt typically go on sale once a year.[10] Some states, such as New York, allow only during a defined single season,[11] or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees.[12] As a general rule, hunting licenses are non-transferable, are a privilege (not a right), and does not allow trespass on private land.[13]
Hunting big game typically requires a tag for each animal harvested. Tags must be purchased in addition to the hunting license, and the number of tags issued to an individual is typically limited. In cases where there are more prospective hunters than the quota for that species, tags are usually assigned by lottery. Tags may be further restricted to a specific area or wildlife management unit.
States with these "tags" include Alaska [14], California [15], Florida[16], Georgia [17], Illinois [18], Louisiana [19], New York [20], Ohio [21], Tennessee [22], Texas [23], and Virginia.[24]
49 of the 50 states require a prospective big game hunter take a several-hour course about safety, often termed sportsman education.[25][26]
Such jurisdictions also may limit the privilege of getting a hunting license to adults, and a "junior" license for persons as young as twelve years of age.[27]
Several United States and Canadian provinces have joined in an Interstate Wildlife Violator Compact (IWVC) to control interstate hunting and to punish violators of differing laws.
[edit] Federal licenses
Federal law requires the purchase of a duck stamp in order to shoot migratory ducks. They are regulated by the U.S. Fish and Wildlife Service.[28]
United States law also mandates strict limits on the hunting ("taking") of endangered species.[29][30][31] The U.S. is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).[32] The Bush Administration proposed lifting some restrictions in 2005 (for antelopes), as did the Norwegian Government (for wolves) in the same year.[33]
[edit] Exemptions
Both Federal and State exempt the following:
- Pest species, as noted above, such as rodents. There is a false urban legend that a hunting license is required to trap mice.[34]
- Native Americans based on Indian treaties; some states require residency on an Indian reservation [35]
- Specific statutes, such as the Marine Mammal Protection Act and eagle feather laws (see below)
- Alaskan Native laws
- Active service members of the military often get free licenses[35]
- The blind [35]
- Sports hunting for targets.
[edit] The Eagle Feather Law
The eagle feather law, (Title 50 Part 22 of the Code of Federal Regulations), stipulates that only individuals of certifiable Native American ancestry enrolled in a federally recognized tribe are legally authorized to obtain eagle feathers for religious or spiritual use. Native Americans and non-Native Americans frequently contest the value and validity of the eagle feather law, charging that the law is laden with discriminatory racial preferences and infringes on tribal sovereignty. The law does not allow Native Americans to give eagle feathers to non-Native Americans, a common modern and traditional practice. Many non-Native Americans have been adopted into Native American families, made tribal members and given eagle feathers.
[edit] Challenges regarding the Second Amendment
Some hunters have challenged hunting licenses, as being in violation of the right to keep and bear arms as guaranteed by Second Amendment to the United States Constitution; the Supreme Court of the US in February 2008, heard arguments on the proper standard of review for gun laws or regulations.[36] However, in District of Columbia v. Heller,[37] the Court declined to examine the broader issues, leaving state hunting licenses valid and in force.
[edit] See also
- Beast of Gévaudan, a famous episode of wolf hunting
- Canned hunt
- Regulation of recreational fishing
- Hunting of Jean-Baptiste, a notable wolf-hunt from 1780
- Exotic pets
[edit] Notes
- ^ National Shooting Sports Foundation, The Ethical Hunter, brochure p. 6, March 2003, site at [1]
- ^ Seth Lerner, Inventing English: A Portable History of the English Language", p. 43 (Columbia U. Press 2007), citing Cecily Clark, The Peterborough Chronicle (2nd ed. Clarenden Press 1970).
- ^ Old English text here is removed.
- ^ Seth Lerner, Inventing English: A Portable History of the English Language", p. 44 (Columbia U. Press 2007), citing Cecily Clark, The Peterborough Chronicle (2nd ed. Clarenden Press 1970).
- ^ Wildlife BC
- ^ Migratory Bird Hunting Permits for the 2008 Season
- ^ See description of # of tag holders in N.Y. state: [2].
- ^ See also Driver's license
- ^ See, e.g., Learning How to Shoot, or Is There a Gay NRA?, by Erik F. vonHausen, Diversity Rules!, May/June 2007.
- ^ Press, Associated (2007-08-08). "2007-08 hunting licenses available Monday". Ch. 9 News. http://www.capitalnews9.com/content/top%5Fstories/default.asp?ArID=218021. Retrieved 2007-09-21.
- ^ See, e.g., New York Environmental Conservation Law section 11-0701, found at [3], click on "ENV", then Article 11.
- ^ See, e.g., New York Environmental Conservation Law section 11-0702, found at [4], click on "ENV", then Article 11.
- ^ See, e.g., New York Environmental Conservation Law section 11-0703, found at [5], click on "ENV", then Article 11.
- ^ "Alaska Online Licensing Home Page". http://www.admin.adfg.state.ak.us/license/. Retrieved 2007-09-21.
- ^ "California Dept. of fish and game". http://www.dfg.ca.gov/licensing/. Retrieved 2007-09-21.
- ^ "License and permit requirements". http://myfwc.com/license/. Retrieved 2007-09-21.
- ^ "Georgia DNR, How to get a hunting License". http://georgiawildlife.dnr.state.ga.us/content/displaycontent.asp?txtDocument=31. Retrieved 2007-09-21.
- ^ "Illinois DNR, Online services". http://dnr.state.il.us/admin/systems/. Retrieved 2007-09-21.
- ^ "Louisiana department of wildlife and fisheries". http://www.wlf.louisiana.gov/. Retrieved 2007-09-21.
- ^ "New York Department of Environmental Conservation, Section 1.18: Issuance and Use Of Deer Hunting Tags". http://www.dec.ny.gov/regs/4066.html. Retrieved 2009-03-17.
- ^ "Ohio DNR, Hunting Licensing". http://www.ohiodnr.com/wildlife/dow/regulations/vendor.aspx. Retrieved 2007-09-21.
- ^ "TN DNR, Online licensing". https://www4.wildlifelicense.com/tn/. Retrieved 2007-09-21.
- ^ "Texas Parks and Wikdlife - Hunting & wildlife". http://www.tpwd.state.tx.us/huntwild/. Retrieved 2007-09-21.
- ^ "Virginia Hunting & Fishing Licenses". http://www.dgif.state.va.us/licenses/. Retrieved 2007-09-21.
- ^ See, e.g., New York Environmental Conservation Law section 11-0713 (3), found at [6], click on "ENV".
- ^ "Hunting Safety Courses and Exams". http://www.hunter-ed.com/mktg/national_1.htm. Retrieved 2007-09-21.
- ^ See, e.g., New York Environmental Conservation Law section 11-0703 (4), found at [7], click on "ENV".
- ^ "The Federal duck stamps program". http://www.fws.gov/duckstamps/. Retrieved 2007-09-21.
- ^ Endangered Species Act of 1973, Title 16 of the United States Code, §§ 1531-1544
- ^ "US CODE: Title 16, 1531". http://www.law.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html. Retrieved 2007-09-21.
- ^ For a fuller description of the Endangered Species Act, see that article, or [this portal: http://www.llrx.com/features/esa.htm].
- ^ "Tiger, (Panthera tigris)". http://www.fws.gov/species/species_accounts/bio_tige.html. Retrieved 2007-09-21.
- ^ "Permission given to hunt endangered wolves". NewScientist. 2005-01-22. http://www.newscientist.com/channel/life/mg18524832.900. Retrieved 2007-09-21.
- ^ Barbara and David Mikkelson, "Trapping License," at Snopes.com website. Accessed March 17, 2011.
- ^ a b c See Hunting Licenses: Free Licenses and NEW YORK STATE DEPT OF ENVIRONMENTAL CONSERVATION: RESIDENT SPORTING LICENSE APPLICATION. Both retrieved February 23, 2012.
- ^ Joan Biskupic, Do you have a legal right to own a gun?, USA Today, February 27, 2008, p. 1-2.
- ^ District of Columbia v. Heller, 554 U.S. ___ (2008).
[edit] References
- Palmer, Theodore Sherman (1904). Hunting licenses: Their history, objects, and limitations. U.S. Dept. of Agriculture. pp. 72 pp.. ASIN: B00088530Q.
- Potter, Dale R.; Kathryn M. Sharpe, John C. Hendee (1973). Human Behavior Aspects Of Fish And Wildlife Conservation - An Annotated Bibliography. U.S. Dept. of Agriculture. pp. 290 pp.. http://www.fs.fed.us/pnw/pubs/pnw_gtr004.pdf.
