Hunting Issues
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Hulsizer v. Labor Day Committee, Inc. |
This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed. |
Humane Soc. of the U.S. v. Hodel |
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Humane Soc. of U.S. v. Lujan |
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Humane Society International Inc v Kyodo Senpaku Kaisha Ltd |
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IA - Hunting - 481A.125A. Remote control or internet hunting--criminal and civil penalties | 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. |
IA - Hunting, canned - 484B.4. Hunting preserve operator's license--application and license requirements | Under this Iowa statute, a person who owns or controls by lease or otherwise for five or more years, a contiguous tract of land having an area of not less than three hundred twenty acres, and who desires to establish a hunting preserve to propagate and sell game birds and their young or unhatched eggs, and shoot game birds and ungulates on the land, can apply to the state for an operator's license. The commission reviews the application to determine, among other things, that allowance of the license is not detrimental to wildlife and does not interfere with migratory bird activity. |
IA - Hunting, interference - 481A.125. Intentional interference with lawful hunting, fishing, or fur-harvesting | This law reflects Iowa's hunter harassment provision. Under the law, a person interferes with hunting, fish, or fur-harvesting activities when he or she: intentionally places him or herself in a location where his or her presence affects the behavior of the game thereby affecting the feasibility of taking the animal; intentionally creates a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of the animal to harass or obstruct the hunter; or alters the condition or placement of the hunter's personal property to obstruct that person. A first offense is a simple misdemeanor; a second or subsequent offense is a serious misdemeanor. |
ID - Endangered Species - Chapter 24. Species Conservation- Chapter 26. Fish and Game | This Idaho law sets out the definitions related to state endangered species laws. It also establishes a delisting advisory team that is responsible for reviewing data related to state species proposed for delisting by the federal government. This team also submits management plans to the state fish and wildlife department. |
ID - Hunting - Chapter 15. Public Safety. | This section comprises Idaho's hunter harassment law. Under the law, no person shall intentionally interfere with the lawful taking or control of wildlife by another; intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit; or damage or destroy in any way any lawful hunting blind with the intent to interfere. Idaho also expands these activities to include the harassment, intimidation, or threatening of any person who is or was lawfully engaged in the taking of fish or wildlife by such means as personal or written contact, telephone, e-mail, or a website. |
ID - Initiatives - HJR2 (right to hunt) | 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. |