A hunting license is a regulatory Regulation is "controlling human or societal behavior by rules or restrictions." Regulation can take many forms: legal restrictions promulgated by a government authority, self-regulation by an industry such as through a trade association, social regulation , co-regulation and market regulation. One can consider regulation as actions of or legal mechanism Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and to control recreational and sports A sport is commonly defined as an organized, competitive, and skillful physical activity requiring commitment and fair play.[note] It is governed by a set of rules or customs. In a sport the key factors are the physical capabilities and skills of the competitor when determining the outcome . The physical activity involves the movement of people, hunting Hunting is the practice of pursuing living animals for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law. The species which are hunted are referred to as game and are usually mammals and.

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 Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different tradition was from the time of William the Conqueror William the Conqueror (c. 1027 or 1028 – 9 September 1087), also known as William I of England, was the King of England from Christmas, 1066 until his death. He was also William II, Duke of Normandy, from 3 July 1035 until his death. Before his conquest of England, he was known as "William the Bastard" because of the illegitimacy of (reign in England starting 1066). In the Peterborough Chronicle The Peterborough Chronicle , one of the Anglo-Saxon Chronicles, contains unique information about the history of England after the Norman Conquest. According to philologist J.A.W. Bennett, it is the only prose history in English between the Conquest and the later 14th century 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 Conflict is actual or perceived opposition of needs, values and interests. A conflict can be internal to individuals. Conflict as a concept can help explain many aspects of social life such as social disagreement, conflicts of interests, and fights between individuals, groups, or organizations. In political terms, "conflict" can refer to 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]

Canada

Hunting regulation and licensing falls under both provincial/territorial and federal jurisdiction. The federal government is responsible for protecting migratory birds Bird migration is the regular seasonal journey undertaken by many species of birds. Bird movements include those made in response to changes in food availability, habitat or weather. These however are usually irregular or in only one direction and are termed variously as nomadism, invasions, dispersal or irruptions. Migration is marked by its and nationally significant wildlife habitat, the regulation for endangered species An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters. The International Union for Conservation of Nature has calculated the percentage of endangered species as 40 percent of all organisms based on the sample of and the international wildlife issues and treaties (i.e. CITES CITES is an international agreement between governments, drafted as a result of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature (IUCN). The text of the convention was agreed upon in 1973, and CITES entered into force on 1 July 1975. Its aim is to ensure that international trade in) for Canada.^[5] For example, Migratory Game Bird Hunting license is issued by the Canadian Wildlife Service^[6], an agency of Environment Canada Environment Canada , legally incorporated as the Department of the Environment under the Department of the Environment Act ( R.S., 1985, c. E-10 ), is the department of the Government of Canada with responsibility for coordinating environmental policies and programs as well as preserving and enhancing the natural environment and renewable. All other matters fall under the provincial/territorial jurisdiction.

The use of firearms A firearm is a device which projects either single or multiple projectiles at high velocity through a controlled explosion. The firing occurs by the gases produced through rapid, confined burning of a propellant. This process of rapid burning is technically known as deflagration. In older firearms, this propellant was typically black powder, but in hunting is also separated into provincial/territorial and federal jurisdiction. Whereas the Canadian Firearms Program Canadian Firearms Program (French: Programme canadien des armes à feu) (PCAF), formerly Canada Firearms Centre is a Canadian government program within the Royal Canadian Mounted Police Policing Support Services, responsible for licensing and regulating firearms in Canada will determine who is eligible for a Possession and Acquisition Licence and issurance of firearm regisration certificates, it is the provincial/territorial government's responsibility to regulate when and how the firearms can be used in hunting animals.

Germany

A German hunting 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, 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:

• Successful graduation of a hunting exam,
• Certificate of a liability insurance Liability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims. It protects the insured in the event he is sued on types of claims that come within the policy. Originally, individuals or companies that faced a common peril, formed a group 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 A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offenses and may also.

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 A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug. Shotguns come in a wide variety of sizes, ranging from 5.5 mm (.22 inch) bore up to 5 cm (2 inch) bore, and in a range of firearm and rifle A rifle is a firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves cut into the barrel walls. The raised areas of the rifling are called "lands," which make contact with the projectile (for small arms usage, called a bullet), imparting spin around an axis corresponding to the), theory (esp. weaponry A weapon is an instrument used for the purpose of causing harm or damage to persons, animals or structures. Weapons are used in hunting, attack, self-defense, or defense in combat and range from simple implements like clubs and spears to complicated modern machines such as intercontinental ballistic missiles. One who possesses or carries a weapon, local wildlife Wildlife includes all non-domesticated plants, animals and other organisms. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative and habitat A habitat is an ecological or environmental area that is inhabited by a particular species of animal, plant or other type of organism. It is the natural environment in which an organism lives, or the physical environment that surrounds (influences and is utilized by) a species population.[citation needed]) 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.

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 Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that, very broadly, operate to regulate the interaction of humanity and the rest of the biophysical or natural environment, toward the purpose of reducing the impacts of human activity, both on the natural environment and on regarding migratory birds Bird migration refers to the regular seasonal journeys undertaken by many species of birds. Bird movements include those made in response to changes in food availability, habitat or weather. These however are usually irregular or in only one direction and are termed variously as nomadism, invasions, dispersal or irruptions. Migration is marked by (such as ducks and geese) and endangered species An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters. The International Union for Conservation of Nature has calculated the percentage of endangered species as 40 percent of all organisms based on the sample of.

Like many licenses, a hunting license is considered a privilege A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth. By contrast, a right is an inherent, irrevocable entitlement granted by the government A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects, rather than a constitutional right A constitutional right is a freedom granted by a government's constitution , and may not be legally denied by that government under the Second Amendment The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms. The Second Amendment was adopted on December 15, 1791, along with the rest of the Bill of Rights. The American Bar Association has observed that there is more disagreement and less understanding about.^[7][8]

As a general rule, unprotected pest A pest is an organism, usually an insect, which has characteristics that are regarded by humans as injurious or unwanted[citation needed]. This is often because it causes damage to agriculture through feeding on crops or parasitising livestock, such as codling moth on apples, or boll weevil on cotton. An animal can also be a pest when it causes species are not subject to a hunting license. Such so-called vermin Vermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities, which species are included will vary from area to area and even person to person. The term itself derives from the Latin vermis, may be hunted without a license, or may even be the subject of a bounty A bounty is a payment or reward often offered by a group as an incentive for the accomplishment of a task by someone usually not associated with the group. Bounties are most commonly issued for the capture or retrieval of a person or object. They are typically in the form of money. Two modern examples of bounties are the bounty placed for the paid to the hunter. This is especially true for predatory In ecology, predation describes a biological interaction where a predator feeds on its prey (the organism that is attacked). Predators may or may not kill their prey prior to feeding on them, but the act of predation always results in the death of its prey and the eventual absorption of the prey's tissue through consumption. The other main carnivores A carnivore , meaning 'meat eater' (Latin carne meaning 'flesh' and vorare meaning 'to devour'), is an organism that derives its energy and nutrient requirements from a diet consisting mainly or exclusively of animal tissue, whether through predation or scavenging. Animals that depend solely on animal flesh for their nutrient requirements are such as coyotes The coyote (Canis latrans), also known as the American jackal or the prairie wolf, is a species of canid found throughout North and Central America, ranging from Panama in the south, north through Mexico, the United States and Canada. It occurs as far north as Alaska and all but the northernmost portions of Canada. There are currently 19 and wolves The gray wolf or grey wolf , often known simply as the wolf, is the largest wild member of the Canidae family. It is an ice age survivor originating during the Late Pleistocene around 300,000 years ago. DNA sequencing and genetic drift studies reaffirm that the gray wolf shares a common ancestry with the domestic dog (Canis lupus familiaris). Also, practice or sport shooting with a clay target does not require a license.^[9]

History

In 1937, the U.S. Congress The United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C passed the Pittman-Robertson Federal Aid in Wildlife Restoration Act, which was "strongly supported by hunters" because "this legislation transferred receipts from a 10 percent excise tax on sporting arms and ammunition from the general treasury to state wildlife conservation programs." ^[10]

Later, "In 1970, again with hunter support, the Dingman-Hart Bill was enacted, making a 10 percent excise tax on handguns available for wildlife restoration and hunter safety training." ^[10]

State licenses

Each state has different standards and paperwork "Red tape" is a derisive term for excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making. It is usually applied to governments, corporations and other large organizations requirements for getting a hunting license. These includes the areas, time periods, harvesting In agriculture, the harvest is the processes of gathering mature crops from the fields. Reaping is the cutting of grain or pulse for harvest, typically using a scythe, sickle, or reaper. The harvest marks the end of the growing season, or the growing cycle for a particular crop, and this is the focus of seasonal celebrations of many religions. On techniques, distinctions between species, and a hunting safety Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable. This can take the form course.

Licenses to hunt typically go on sale once a year.^[11] Some states, such as New York New York City, which is geographically the largest city in the state and most populous in the United States, is known for its history as a gateway for immigration to the United States and its status as a financial, cultural, transportation, and manufacturing center. According to the U.S. Department of Commerce, it is also a destination of choice, allow only during a defined single season,^[12] or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees.^[13] As a general rule, hunting licenses are non-transferable, are a privilege (not a right), and does not allow trespass Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such on private land.^[14]

Hunting big game Mammals are a class of vertebrate, air-breathing animals whose females are characterized by the possession of mammary glands while both males and females are characterized by hair and/or fur, three middle ear bones used in hearing, and a neocortex region in the brain. Some mammals have sweat glands, but most do not 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 ^[15], California ^[16], Florida^[17], Georgia ^[18], Illinois ^[19], Louisiana ^[20], New York ^[21], Ohio ^[22], Tennessee ^[23], Texas ^[24], and Virginia.^[25]

49 of the 50 states require a prospective big game hunter take a several-hour course about safety, often termed sportsman education.^[26][27]

Such jurisdictions Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority also may limit the privilege A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth. By contrast, a right is an inherent, irrevocable entitlement of getting a hunting license to adults, and a "junior Youth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals exist at all ages" license for persons as young as twelve years of age.^[28]

Several United States and Canadian provinces have joined in an Interstate Wildlife Violator Compact (IWVC) to control interstate The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of hunting and to punish violators of differing laws.

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.^[29]

United States law also mandates strict limits on the hunting ("taking") of endangered species An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters. The International Union for Conservation of Nature has calculated the percentage of endangered species as 40 percent of all organisms based on the sample of.^[30][31][32] The U.S. is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).^[33] The Bush Administration proposed lifting some restrictions in 2005 (for antelopes Antelope is a term referring to many even-toed ungulate species found all over the world in places such as Africa, Asia and North America. The term refers to a ‘miscellaneous’ group within the family encompassing the old-world species which are not cattle, sheep, buffalo, bison,or goats. A group of antelope is called a herd), as did the Norwegian After World War II, Norway experienced rapid economic growth, with the first two decades due to the Norwegian shipping and merchant marine and domestic industrialization, and from the early 1970s, a result of exploiting large oil and natural gas deposits that had been discovered in the North Sea and the Norwegian Sea. Today, Norway ranks as the Government (for wolves) in the same year.^[34]

Exemptions

Both Federal and State exempt the following:

1. Pest species, as noted above.
2. Native Americans based on Indian treaties
3. Specific statutes, such as the Marine Mammal Protection Act and eagle feather laws (see below)
4. Alaskan Native laws
5. Active service members of the military often get free licenses ^[35]
6. Sports hunting for targets.

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.

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, heared 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.

India

The Wildlife Crime Control Bureau (WCCB) regulates hunting in India.

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

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.

Notes

1. ^ National Shooting Sports Foundation, The Ethical Hunter, brochure p. 6, March 2003, site at [1]
2. ^ 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).
3. ^ Old English text here is removed.
4. ^ 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).
5. ^ Wildlife BC
6. ^ Migratory Bird Hunting Permits for the 2008 Season
7. ^ See description of # of tag holders in N.Y. state: [2].
8. ^ See also Driver's license
9. ^ See, e.g., Learning How to Shoot, or Is There a Gay NRA?, by Erik F. vonHausen, Diversity Rules!, May/June 2007.
10. ^ ^{a b} The National Shooting Sports Foundation, The Hunter and Conservation, brochure, p. 12, December 2002, available at National Shooting Sports Foundation official web site
11. ^ 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.
12. ^ See, e.g., New York Environmental Conservation Law section 11-0701, found at [3], click on "ENV", then Article 11.
13. ^ See, e.g., New York Environmental Conservation Law section 11-0702, found at [4], click on "ENV", then Article 11.
14. ^ See, e.g., New York Environmental Conservation Law section 11-0703, found at [5], click on "ENV", then Article 11.
15. ^ "Alaska Online Licensing Home Page". http://www.admin.adfg.state.ak.us/license/. Retrieved 2007-09-21.
16. ^ "California Dept. of fish and game". http://www.dfg.ca.gov/licensing/. Retrieved 2007-09-21.
17. ^ "License and permit requirements". http://myfwc.com/license/. Retrieved 2007-09-21.
18. ^ "Georgia DNR, How to get a hunting License". http://georgiawildlife.dnr.state.ga.us/content/displaycontent.asp?txtDocument=31. Retrieved 2007-09-21.
19. ^ "Illinois DNR, Online services". http://dnr.state.il.us/admin/systems/. Retrieved 2007-09-21.
20. ^ "Louisiana department of wildlife and fisheries". http://www.wlf.louisiana.gov/. Retrieved 2007-09-21.
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.
22. ^ "Ohio DNR, Hunting Licensing". http://www.ohiodnr.com/wildlife/dow/regulations/vendor.aspx. Retrieved 2007-09-21.
23. ^ "TN DNR, Online licensing". https://www4.wildlifelicense.com/tn/. Retrieved 2007-09-21.
24. ^ "Texas Parks and Wikdlife - Hunting & wildlife". http://www.tpwd.state.tx.us/huntwild/. Retrieved 2007-09-21.
25. ^ "Virginia Hunting & Fishing Licenses". http://www.dgif.state.va.us/licenses/. Retrieved 2007-09-21.
26. ^ See, e.g., New York Environmental Conservation Law section 11-0713 (3), found at [6], click on "ENV".
27. ^ "Hunting Safety Courses and Exams". http://www.hunter-ed.com/mktg/national_1.htm. Retrieved 2007-09-21.
28. ^ See, e.g., New York Environmental Conservation Law section 11-0703 (4), found at [7], click on "ENV".
29. ^ "The Federal duck stamps program". http://www.fws.gov/duckstamps/. Retrieved 2007-09-21.
30. ^ Endangered Species Act of 1973, Title 16 of the United States Code, §§ 1531-1544
31. ^ "US CODE: Title 16, 1531". http://www.law.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html. Retrieved 2007-09-21.
32. ^ For a fuller description of the Endangered Species Act, see that article, or [this portal: http://www.llrx.com/features/esa.htm].
33. ^ "Tiger, (Panthera tigris)". http://www.fws.gov/species/species_accounts/bio_tige.html. Retrieved 2007-09-21.
34. ^ "Permission given to hunt endangered wolves". NewScientist. 2005-01-22. http://www.newscientist.com/channel/life/mg18524832.900. Retrieved 2007-09-21.
35. ^ "NY Dept. of environmental conservation". http://www.dec.ny.gov/. Retrieved 2007-09-21.
36. ^ Joan Biskupic, Do you have a legal right to own a gun?, USA Today, February 27, 2008, p. 1-2.
37. ^ District of Columbia v. Heller, 554 U.S. ___ (2008).

External links

• New York State Department of Environmental Conservation

Categories: United States law | Hunting | United States Second Amendment case law

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