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TN - Wildlife - Part 2. Wildlife Regulation and Protection |
These Tennessee statutes make it unlawful to barter, sell, transfer, or to purchase any wildlife without a hunting or fishing license. The unlawful importation, possession, or sale of skunks or red foxes is a Class C misdemeanor. The statutes also impose requirements on transport and storage of other wildlife. |
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TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE |
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Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy |
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. |
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TThe Game is Afoot: Constitutionalizing the Right to Hunt and Fish in the Tennessee Constitution |
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.
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TX - Alligators - Chapter 65. Alligators |
Under these Texas statutes, no person may take, sell, purchase, or possess an alligator, an alligator egg, or any part of an alligator without a permit. An offense is a misdemeanor. |
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TX - Hunting - Subchapter B. Seasons and Limits. § 64.011. Eagle. |
This section of the Texas code prohibits the killing of a golden or Mexican brown eagle except by permit (refers to the permit to kill wildlife that is threatening agricultural interests or public safety). |
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TX - Hunting - Subchapter F. Unlawful Controlled Killing of or Attempting to Injure Dangerous Wild Animals. |
This Texas statute provides that no person may kill or attempt to injure a dangerous wild animal that is in captivity in this state or released from captivity in this state for the purpose of being killed. |
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TX - Hunting - § 62.002. Computer-Assisted Remote Hunting |
Under this Texas statute, a person may not engage in computer-assisted remote hunting or provide or operate such facilities if the animal being hunted is located in Texas. A violation is a Class B misdemeanor. |
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TX - Hunting - § 62.0125. Harassment of Hunters, Trappers, and Fishermen |
This law represents Texas' hunter harassment law, also known as the Sportsman's Rights Act. Under the section, a person may not intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife, or intentionally harass, drive, or disturb any wildlife for the purpose of disrupting lawful hunting. Violation is a Class B misdemeanor. It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States. |
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TX - Hunting, canned - § 62.015. Hunting and Possession of Exotic Animals |
This Texas law provides that no person on a public road or on the right-of-way of a public road may hunt an exotic animal. In addition, no person may hunt on the land of another for an exotic animal without the express consent of the owner of the land to hunt for exotic animals. A person who violates this section commits an offense that is a Class A Parks and Wildlife Code misdemeanor. |
