Article · Natural Resources

Whose Deer, Whose Creek, Whose Road: How Hunting, Fishing, and Access Law Actually Work

16 U.S.C. § 703

Type
Article
Jurisdiction
National
Date
2025-01-09
Topic
Natural Resources

Wildlife belongs to nobody until it is lawfully taken, and the law governing that moment is a stack of state, federal, and property rules that ordinary hunters and anglers navigate mostly by folklore. This article explains the state trust doctrine that makes wildlife a public resource managed by the State, the license and season structure that implements it, and the federal statutes that overlay it for migratory birds, endangered species, and interstate trafficking. It covers the access question that generates the most conflict — where the public may go, what navigability means for a river, how corner crossing works on checkerboard land, and why the same conduct is lawful in one State and a crime in the next. It explains landowner liability and the recreational use statutes that limit it, hunting leases and their allocation of risk, and what happens when a citation arrives, including the license revocation compact that makes a local ticket a national problem.

Whose Deer, Whose Creek, Whose Road: How Hunting, Fishing, and Access Law Actually Work

Natural Resources > Hunting, Fishing, and Public Land Access | Published 9 January 2025 - Updated 17 November 2025 | UpLaw - uplaw.us

The animal nobody owns

A deer walks across a property line. Whose deer is it?

Nobody's. Under the doctrine that organizes this entire field, wild animals are not owned by the landowner beneath them, by the person who fed them, or by anyone else. They are a public resource held by the State in trust for its people, and the State determines who may take them, when, how many, and by what method.

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