Hunting Issues

Summary:

This paper considers the issue of "canned hunts" and how the legal system deals with them.

Summary:

This document provides a short overview of the disease cycle and transmission of Chronic Wasting Disease (CWD)among the elk herd in Colorado. It also outlines the steps the State of Colorado is taking to ensure detection of the disease in wild and domestic herds of bovine animals.

Summary:

Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.

Summary:

Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of "animal," anti-cruelty exemptions, and husbandry practices. Finally, the feasibility of statutory enforcement by agencies is examined.

Summary:

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry's First Amendment right to free expression.

Summary:

This article explores the constitutionalization of hunting and fishing rights and, considered within that context, the role of state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on ancient Rome, England, and the American colonies. Next, it directs attention to the existing status of hunting and fishing rights under the federal and state constitutions, including the dramatic surge in the constitutionalization of hunting and fishing rights since the mid-1990s and the reason for this surge. The article then explores the legal effect of these state constitutional hunting and fishing rights provisions and addresses the likely legal impact of Tennessee's proposed hunting and fishing rights amendment. The article concludes by considering whether this type of right is appropriate for enshrinement in a state constitution. In doing so, it explores the role of a state constitution in the modern federal system.

Summary:

A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.

Summary:

This article discusses the fact that the International Whaling Commission has not expressly recognized the Makah tribe's aboriginal subsistence need, and instead has intentionally left the issue ambiguous. The only viable reason for the IWC to deny the Norwegians a quota under the same exemption is the "aboriginal" requirement. The IWC should clarify the legal ambiguities regarding the right to harvest whales, and it should grant subsistence right to Norwegian coastal fishermen.

Summary:

This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over 2,500 small cetaceans—dolphins, porpoises, and small whales—will be killed as a result of the drive hunt, out of a total of over twenty thousand killed annually in Japan by direct catch. Since humans have literally pushed dolphins to the brink of extinction, humans have an ethical duty to stop the cruelty perpetrated against them and to ensure the survival of their species. This ethical duty should be turned into an international legal duty, with a correlated legal right for dolphins to international protection.

Summary: It is unlawful to hunt, kill, or attempt to hunt or kill, exotic mammals or game mammals held or obtained by private parties. Exceptions under the statute include the slaughter of such an animal for meat, leather, or fur production, euthanization of such an animal for scientific, health, safety or other valid husbandry concerns, or the department's Wildlife Division Director may authorize any person to hunt or kill such an animal if the Division Director determines it would be in the best interest of sound wildlife management.