Hunting Issues

Summary: This Indiana law states that a hunting preserve may not allow computer assisted hunting.

Summary: This Connecticut law states that no person shall operate, provide, sell, use or offer to operate, provide, sell or use any computer software or service that allows a person, when not physically present, to remotely control a firearm or weapon to hunt a live animal or bird. Violation is a class A misdemeanor.

Summary: This Iowa law prohibits “remote control or internet hunting." This involves the acts of offering such services for sale as well as taking, or assisting in the take of a wild animal kept on a hunting preserve by remote control or internet hunting. A person who violates this section is guilty of a serious misdemeanor. A second or subsequent violation of this section is punishable as a class “D” felony.

Summary: <p>In this case, Brian F. Charette filed an appeal after he was sentenced to six months of imprisonment and ordered to pay $5,000 in restitution for shooting and killing a grizzly bear in violation of the Endangered Species Act. Charette argued three issues on appeal: (1) that the trial court's denial of a jury trial violated his constitutional rights; (2) that the trial court erred in defining the elements of his charged offense; and (3) that the trial court erred in denying Charette's Rule 29 motion for a judgment of acquittal. The court found that the trial court did not err in denying a jury trial because Charette’s offense was considered a petty offense because it carried a maximum sentence of six months. For all crimes that are considered petty offenses, the Sixth Amendment right to a trial by jury is not triggered. Lastly, the court addressed Charette’s Rule 29 motion which calls for an acquittal if the essential elements of the offense are not proven beyond a reasonable doubt. In order for someone to be convicted of knowingly taking an endangered species the government must prove beyond a reasonable doubt, that: (1) the defendant knowingly killed the animal; (2) the animal was engendered; (3) the defendant had no permit to kill the animal; and (4) the defendant did not act in self-defense or defense of others. Charette argued that the government failed to prove that he did not have a permit to kill the grizzly bear. The court ultimately found that the government did prove this element on the basis that Charette told officers that he did not report shooting the bear because he did not want to deal with the “hassle.” The court found that it was reasonable to believe that had Charette had a permit to kill the grizzly bear, he would not have found reporting it to be a hassle and therefore the government sufficiently established this element. As a result, the court affirmed the lower court’s decision.&nbsp;</p>

Summary: These federal statutes describe the Whaling Convention Act which granted authority to the Secretary of State and the Secretary of Commerce for regulation. The Act makes it unlawful for any person in the United States to engage in whaling, transporting, or selling any whale or whale products, that are taken or processed in violation of the Act. The Act also prohibits other unlawful conduct such as whaling without a license and failing to keep required returns, records, and reports. Finally, the Act provide penalties for violations including a fine of not more than $10,000, imprisonment of not more than one year, or both. In addition the court may prohibit such person from whaling for a period of time.

Summary: A person in Michigan is not allowed to: (1) engage in computer-assisted shooting; provide or operate, with or without remuneration, facilities for computer-assisted shooting; or (3) provide or offer to provide, with or without remuneration, equipment specially adapted for computer-assisted shooting. Violation is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

Summary: Plaintiff, Keep Michigan Wolves Protected (KMWP), appealed an order of the Court of Claims concluding that PA 281 does not violate Michigan's Constitution or statutes, and the granting of summary disposition in favor of defendants, the State of Michigan, the Department of Natural Resources, and the Natural Resources Commission. The issue began in 2011 when the U.S. Fish and Wildlife Service removed gray wolves from the federal list of endangered species, returning management of wolf populations to Michigan. In 2012, the governor of Michigan signed PA 520 into law, which added the wolf to the definition of "game" animals. Plaintiff KMWP organized a statewide referendum petition drive to reject PA 520 at the November 4, 2014 general election, which would have rendered PA 520 ineffective unless approved by a majority of voters. In 2013, Michigan's Governor signed into law PA 21 and PA 22, which granted the Natural Resources Commission (NRC) authority to manage wolves. In addition, the laws also gave qualified members of the military free game and fish licenses. Another petition drive was initiated by plaintiff and required signatures were collected to place the issue on the November 2014 ballot. However, in December 2013, before this, Citizens for Professional Wildlife Management (CPWM) circulated a petition to initiate the Scientific Fish and Wildlife Management Act also known as PA 281. This new law would reenact PA 520 and 21, giving the NRC authority for designating game animals, offering free military hunting and fishing licenses, and appropriating $1 million to manage invasive species. In May of 2014, the CPWM certified this initiative petition and submitted directly it to the Legislature to enact or reject the law. The Legislature adopted the law, which became known as PA 281. Notably, at the November 2014 election, a majority of voters rejected PA 520 and PA 21. Regardless, PA 281, which included the voter-rejected designation of the wolf as a game species, was signed into law and the NRC designated wolves as a game species effective March 2015. Following this, plaintiff filed the underlying complaint that challenged the constitutionality of PA 281, specifically that it violated the Title–Object Clause of Michigan's Constitution, Const 1963, art 4, § 24, which states that (1) a law must not embrace more than one object, and (2) the object of the law must be expressed in its title. The Court of Claims granted defendants' summary disposition motion, holding the the general purpose of PA 281 is to “manage fish, wildlife, and their habitats” and that all of the law's provisions relate to this purpose, and concluded that the law did not violate the single-object requirement of the Title–Object Clause. The Court of Appeals found that some provisions of PA 281 did not violate the Title-Object Clause including (1) free licenses to military and (2) appropriating $1 million to respond to the threat of invasive fish species. However, the court did find that the free licenses to members of the military has no necessary connection to the scientific management of fish, wildlife, and their habitats violating the single-object rule of the Title-Object Clause. While the court noted that there is a severability option with provisions of laws that violate the Title-Object Clause, the court cannot conclude the Legislature would have passed PA 281 without the provision allowing free hunting, trapping, and fishing licenses for active members of the military. Thus, this provision cannot be severed from PA 281, and, consequently, the court found PA 281 is unconstitutional. The court noted that its decision rests solely under an analysis of the Michigan Constitution and related cases. However, the court noted that plaintiff's assertion that the initiating petition by defendant put "curb appeal" of free military licenses and invasive species control to "surreptitiously" reenact a provision that would ensure wolves would be on the game species list was an "accurate" assessment. The court even said that PA 281 "conjures up images of a Trojan Horse, within which the ability to hunt wolves was cleverly hidden." The order granting summary judgment for defendants was reversed and the matter was remanded.

Summary: Contracts that are considered “unsavory,” “undesirable,” “at war with the interests of society,” or “in conflict with the morals of the time” may be declared unenforceable for reasons of public policy regardless of whether or not any underlying legislation provides that the contractual conduct is illegal. Allowing wealthy individuals to kill some of the very last few specimens of rare species has become so distasteful to so many members of the general public that the time has come for courts to declare such contracts unenforceable for reasons of public policy. This Article demonstrates how this may be accomplished. The Article also examines the wildlife-protective capabilities of the public trust doctrine and the closely related state ownership of wildlife doctrine. These doctrines add further weight to the contractual argument, but also operate as stand-alone protective doctrines in lawsuits against government entities. To be able to present any of these arguments to a court of law, standing is a hurdle, but one that can be overcome. This Article highlights how this might be done.

Summary: Safari Club International and the National Rifle Association filed suit challenging the federal government’s suspension of imports of trophies from elephants sport-hunted in Zimbabwe. In April of 2014, the U.S. Fish and Wildlife Service (“the Service”) suspended imports of trophies from elephants on the basis that the Service could no longer make the finding required under its regulations “that the killing of the animal whose trophy is intended for import would enhance survival of the species.” Safari Club asserted four main arguments against the Service’s suspension of imports: (1) the agency violated APA rulemaking requirements by not providing for notice and comment; (2) the agency applied prohibited guidelines and the wrong standard in making its findings; (3) the agency failed to overcome a statutory presumption in Section 9(c)(a) of the Endangered Species Act; and (4) the agency violated the APA by failing to explain why it maintained the enhancement finding requirement in the Special Rule after the requirement was eliminated from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The court reviewed Safari International’s arguments and granted summary judgment only with respect to the argument that the Service had failed to publish notice of the changed Zimbabwe enhancement finding in the Federal Register until May 12, 2014. The court dismissed the remaining arguments put forth by Safari International and granted summary judgment in favor of the Service. The court found that the Service had violated its commitment to publish any notice of a change in the Federal Register before the change can take effect. The Service violated this commitment by publishing notice of the suspension of imports of trophies in the Federal Register on May 12, 2014 but making the effective date of the suspension April 4, 2014. For this reason, the court found that the effective date of the suspension must be changed to May 12, 2014. With respect to Safari International’s other arguments, the court found that Safari International was unable to meet its burden and held in favor of the Service.

Summary: Amendment 1 is a legislatively referred constitutional amendment in the 2016 general election. The explanatory statement on the ballot says, "This amendment is to preserve constitutionally the right of the public to hunt, fish and trap wildlife subject to reasonable laws and regulations. The right of the public to hunt, fish and trap shall not modify any provision of common law or statutes relating to trespass, eminent domain or any other private property rights." A "yes" vote would constitutionally preserve the right of the public to hunt, fish and trap wildlife that has traditionally been taken by hunters, trappers and anglers. A "no" vote would provide for no constitutional right of the public to hunt, fish and trap wildlife. It would maintain existing state laws and rules and regulations governing hunting, fishing and trapping wildlife.