Hunting Issues

Displaying 251 - 260 of 362
Titlesort descending Summary
SC - Hunting, Internet - § 50-11-95. Computer-assisted remote hunting and remote hunting This statute makes it illegal to establish or operate computer-assisted remote hunting facilities in South Carolina. It is also illegal to engage in computer-assisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm is located in this State. A person who violates this section is guilty of a misdemeanor and may be fined at least $5,000 and/or imprisoned for up to one year.
SC - Initiative - Amendment 1, Right to Hunt and Fish

The legislature summary for the proposed amendment states: "[a] joint resolution to propose an amendment to Article I of the Constitution of South Carolina, 1895, relating to the declaration of rights under the state's constitution, by adding Section 25 so as to provide that hunting and fishing are valuable parts of the state's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources." It passed with 89% voting "yes."

SC - Leash - § 50-11-780. Dogs engaged in hunting not required to be constrained by leash. This South Carolina statute provides that no dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section "supervision" means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.
SC - Wildlife - Chapter 16. Importation of Wildlife. This set of South Carolina laws relates to the possession of live wildlife. A permit is required for the following: the family Cervidae, a nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), Bovidae (bison, mountain goat, mountain sheep), coyote, bear, or turkey (genus Meleagris), and a "furbearer," which includes, but is not limited to, red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, and beaver. However, wildlife imported for exhibition purposes only by state wildlife departments, municipal zoos or parks, public museums, public zoological parks, and public scientific or educational institutions operated not for profit, and transient circuses are not required to procure a permit. Under another section, release of a member of the family Suidae (pig) into the wild is prohibited except as provided by law. Further, it is unlawful for a person to possess, transport, or otherwise bring into the state or release or introduce into the state any diseased wildlife or other animal that reasonably might be expected to pose a public health or safety hazard. Violating any permitting requirement under the chapter results in a misdemeanor with a mandatory fine of not more than $1,000 or up to 6 months imprisonment, or both.
SC - Wildlife - § 50-1-270. Liability for gross destruction or injury to wildlife, This South Carolina statute provides that any person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. This section does not apply to ordinary agricultural practices.
Scotland - Wild Mammals - Protection of Wild Mammals (Scotland) Act 2002
SD - Hunting - 41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor This South Dakota law reflects the state's hunter harassment provision. The law prohibits a person from intentionally interfering with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. This includes actions specifically intended to harass and any activity intended to scare or disturb game with the specific intent of preventing their lawful taking. Violation is a Class 2 misdemeanor.
SD - Predator Control - Chapter 40-36. Predatory Animal and Reptile Control. These South Dakota statutes pertain to predatory animal and reptile control. The Department of Game, Fish and Parks and the United States Fish and Wildlife Service work together to control coyotes, feral dogs, fox, prairie dogs, and other wild animals that are injurious to livestock, poultry, game, land, and the public health. Bounties may be paid for coyotes, if the bounty hunter has a license.
Sentencia C-045/19 This Constitutional Court's decision declares sport hunting illegal in the entire territory. In its reasoning, the court stated that sport hunting is not an exception to the duty to protect animals against cruelty, as it does not satisfy any objective or purpose compatible with the Constitution. "It is not an expression of religious freedom, nor intended for food or medical or scientific experimentation. It is not done to control the species population and is not a deeply rooted cultural manifestation."
The court further stated, "The sacrifice of an animal by humans is an extreme form of mistreatment as it eliminates its very existence and is an act of annihilation. When it is unjustified, an animal's death is cruel because it means understanding that the animal is exclusively a resource available to humans. Sport hunting, in short, is a harmful act insofar as it is aimed at capturing wild animals, either by killing, mutilating or catching them alive."
"What happens here is an example of how the content and scope of constitutional norms adapt to a changing society. It is about the concept of a Living constitution, in which its scope and content take shape with the political community's economic, social, political, and cultural changes."
Other forms of hunting, such as subsistence hunting, hunting for scientific and research purposes, and controlled hunting, continue to be allowed under the circumstances delineated by laws and regulations and with prior authorization of the natural resources managing authority.
Shoot First, Talk Later: Blowing Holes in Freedom of Speech


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.

Pages