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.
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