Christopher Binion, age 12, of Baton Rouge, La., for his question:
WHO MAKES GAME AND FISHING LAWS?
Game laws are regulations that have been established to regulate the hunting or trapping of wild game, which includes mammals, birds or fish. Each of the 50 states has its own game laws, which are administered by fish and game commissions or by other agencies.
As construed by federal courts, game is generally held to mean all wildlife fit for food. Under some statutes the term also is held to include animals valuable for their fur.
Oysters and clams that have been planted in beds by commercial fishermen generally are not considered game, but the prorate property of the fishermen.
Early game laws in Europe, such as the medieval English Forest Laws, were enacted to make hunting the sole privilege of the nobility and to prevent poaching. In the 19th century such laws were generally modified to allow anyone with a license to hunt.
Game laws in the U.S. are directed at protecting wildlife from indiscriminate slaughter and capture by restricting their taking to certain so called open periods of the year, or by prohibiting the hunting and killing of game entirely.
The ownership of fish and game resides with the people of the states. Where no individual has any property rights to be affected, the legislature, as the representative of the people, may withhold or grant to individuals the right to hunt and kill game or may qualify or restrict that right.
In other words, to hunt and kill game is a privilege either expressly granted or implied by sovereign authority, rather than an individual right.
State laws differ widely in some respects. Under most statutes, during certain so called closed seasons, the possession or sale of certain fish and game is prohibited. Some of these laws apply only to game caught within the state.
Certain state hunting and fishing statutes place limitations on the age, sex or size of game allowed to be hunted, and bag limits per hunter may be set for the day or for the entire hunting season.
Many states require hunting and fishing licenses, for which a nominal fee is charged. Such licenses permit the taking of certain varieties during stipulated periods.
Where waters lie between two states, fishing is generally regulated by an agreement between the two states.
Where lands or waters are owned by a private individual, the exclusive right of hunting or fishing belongs to the owner or tenant. The owner of land on both sides of a stream has the exclusive right to fish in the stream, but the rights of the owner of the land on one side only extend to the center of the stream.