Full Statute Name:  Rights to Hunt, Fish and Trap

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Primary Citation:  HJR2 (2012) Country of Origin:  United States Last Checked:  August, 2014 Date Adopted:  2012
Summary: This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping. The measure was passed by 73.4% of voters.
Statute Text: 

"Shall Article I, of the Constitution of the State of Idaho be amended by the addition of a New Section 23, to provide that the rights to hunt, fish and trap, including by the use of traditional methods, are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations that preserve the future of hunting, fishing and trapping; to provide that public hunting, fishing and trapping of wildlife shall be a preferred means of managing wildlife; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, or establish any minimum amount of water in any water body, shall not lead to a diminution of other private rights, and shall not prevent the suspension or revocation, pursuant to statute enacted by the Legislature, of an individual's hunting, fishing or trapping license?"

Meaning, Purpose and Result to be Accomplished

This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping.

Statements FOR the Proposed Amendment 1. Hunting, fishing and trapping have long been practiced by the people of Idaho, and this amendment preserves Idaho's great sporting heritage. 2.Hunters, fishers and trappers help sustain a healthy ecosystem, and this amendment provides sportsmen meaningful and permanent protection to hunt, fish and trap. 3.Without constitutional protection, bans on certain types of hunting and trapping have been successful in other states and have incrementally eroded sportsmen's rights.

Statements AGAINST the Proposed Amendment 1.Future legislation to address public concerns regarding inhumane and unsportsmanlike practices could be affected by this amendment. 2.This amendment is unnecessary because the rights to hunt, fish and trap are not threatened and are already protected by law. 3.The Idaho Department of Fish and Game's wildlife management decisions could be constitutionally challenged as a result of this amendment.

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