Hunting license

A hunting license is a regulatory or legal mechanism to control recreational and sports hunting.

Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority." [National Shooting Sports Foundation, "The Ethical Hunter", brochure p. 6, March 2003, site at [http://www.nssf.org] ]

In the United States, Regulation of hunting is primarily performed by the state law; additional regulations are imposed through United States (Federal) environmental law regarding migratory birds (such as ducks and geese) and endangered species.

Like many licenses, a hunting license is considered a privilege granted by the government, rather than a constitutional right under the Second Amendment. [See description of # of tag holders in N.Y. state: [http://www.dec.state.ny.us/website/dfwmr/license/slholders.html] .] [See also Driver's license]

As a general rule, unprotected pest species are "not" subject to a hunting license. Such so-called "vermin" may be hunted without a license, or may even be the subject of a bounty paid to the hunter. This is especially true for predatory carnivores such as coyotes and wolves. Also, practice or sport shooting with a clay target does not require a license. [See, e.g., Learning How to Shoot, "or" Is There a Gay NRA?, by Erik F. vonHausen, Diversity Rules!, May/June 2007.]

History

Hunting licenses are millennia old.

Amongst the first hunting laws in the Common law tradition was from the time of William the Conqueror (reign in England starting 1066). In the Peterborough Chronicle entry of 1087, The Rime of King William reported in verse that:
"Whoever killed a hart or a hind"
"Should be blinded." [Seth Lerner, "Inventing English: A Portable History of the English Language", p. 43 (Columbia U. Press 2007), citing Cecily Clark, "The Peterborough Chronicle" (2nd ed. Clarenden Press 1970).]
This was because "William the Conqueror's moral life lives in the landscape. His control of the forest mirrors his control of the people, and his establishment of hunting laws reveals the dissonance between his love for animals and his contempt for the populace: ... [Old English text here is removed.]
"He loved the wild animals"
"As if he were their father."
That he loves the animals like a father implies, of course, that he does not love his people like one." [Seth Lerner, "Inventing English: A Portable History of the English Language", p. 44 (Columbia U. Press 2007), citing Cecily Clark, "The Peterborough Chronicle" (2nd ed. Clarenden Press 1970).]

In 1937, the U.S. Congress passed the Pittman-Robertson Federal Aid in Wildlife Restoration Act, which was "strongly supported by hunters" because "this legislation transferred receipts from a 10 percent excise tax on sporting arms and ammunition from the general treasury to state wildlife conservation programs." The National Shooting Sports Foundation, "The Hunter and Conservation", brochure, p. 12, December 2002, available at [http://www.nssf.org National Shooting Sports Foundation official web site] ]

Later, "In 1970, again with hunter support, the Dingman-Hart Bill was enacted, making a 10 percent excise tax on handguns available for wildlife restoration and hunter safety training."

ituation in the United States

State licenses

Each state has different standards and paperwork requirements for getting a hunting license. These includes the areas, time periods, harvesting techniques, distinctions between species, and a hunting safety course.

Licenses to hunt typically go on sale once a year. [cite news |first=Associated |last=Press |coauthors= |publisher=Ch. 9 News |date=2007-08-08 |url=http://www.capitalnews9.com/content/top%5Fstories/default.asp?ArID=218021 |title=2007-08 hunting licenses available Monday |accessdate=2007-09-21 ] Some states, such as New York, allow only during a defined single season, [See, e.g., New York Environmental Conservation Law section 11-0701, found at [http://public.leginfo.state.ny.us/menugetf.cgi] , click on "ENV", then Article 11.] or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees. [See, e.g., New York Environmental Conservation Law section 11-0702, found at [http://public.leginfo.state.ny.us/menugetf.cgi] , click on "ENV", then Article 11.] As a general rule, hunting licenses are non-transferable, are a privilege (not a right), and does not allow trespass on private land. [See, e.g., New York Environmental Conservation Law section 11-0703, found at [http://public.leginfo.state.ny.us/menugetf.cgi] , click on "ENV", then Article 11.]

Hunting big game typically requires a tag for each animal harvested. Tags must be purchased in addition to the hunting license, and the number of tags issued to an individual is typically limited. In cases where there are more prospective hunters than the quota for that species, tags are usually assigned by lottery. Tags may be further restricted to a specific area or wildlife management unit. These include Alaska [cite web |url=http://www.admin.adfg.state.ak.us/license/ |title=Alaska Online Licensing Home Page |accessdate=2007-09-21 ] , California [cite web |url=http://www.dfg.ca.gov/licensing/ |title=California Dept. of fish and game |accessdate=2007-09-21 ] , Florida [cite web |url=http://myfwc.com/license/ |title=License and permit requirements |accessdate=2007-09-21 ] , Georgia [cite web |url=http://georgiawildlife.dnr.state.ga.us/content/displaycontent.asp?txtDocument=31 |title=Georgia DNR, How to get a hunting License |accessdate=2007-09-21 ] , Illinois [cite web |url=http://dnr.state.il.us/admin/systems/ |title=Illinois DNR, Online services |accessdate=2007-09-21 ] , Louisiana [cite web |url=http://www.wlf.louisiana.gov/ |title=Louisiana department of wildlife and fisheries |accessdate=2007-09-21 ] , Ohio [cite web |url=http://www.ohiodnr.com/wildlife/dow/regulations/vendor.aspx |title=Ohio DNR, Hunting Licensing |accessdate=2007-09-21 ] , Tennessee [cite web |url=https://www4.wildlifelicense.com/tn/ |title=TN DNR, Online licensing |accessdate=2007-09-21 ] , Texas [cite web |url=http://www.tpwd.state.tx.us/huntwild/ |title=Texas Parks and Wikdlife - Hunting & wildlife |accessdate=2007-09-21 ] , and Virginia. [cite web |url=http://www.dgif.state.va.us/licenses/ |title=Virginia Hunting & Fishing Licenses |accessdate=2007-09-21 ]

49 of the 50 states require a prospective big game hunter take a several-hour course about safety, often termed sportsman education. [See, e.g., New York Environmental Conservation Law section 11-0713 (3), found at [http://public.leginfo.state.ny.us/menugetf.cgi] , click on "ENV".] [cite web |url=http://www.hunter-ed.com/mktg/national_1.htm |title=Hunting Safety Courses and Exams |accessdate=2007-09-21 ]

Such jurisdictions also may limit the privilege of getting a hunting license to adults, and a "junior" license for persons as young as twelve years of age. [See, e.g., New York Environmental Conservation Law section 11-0703 (4), found at [http://public.leginfo.state.ny.us/menugetf.cgi] , click on "ENV".]

Several United States and Canadian provinces have joined in an Interstate Wildlife Violator Compact (IWVC) to control interstate hunting and to punish violators of differing laws.

Federal licenses

Federal law requires the purchase of a duck stamp in order to shoot migratory ducks. They are regulated by the U.S. Fish and Wildlife Service. [cite web |url=http://www.fws.gov/duckstamps/ |title=The Federal duck stamps program |accessdate=2007-09-21 ]

United States law also mandates strict limits on the hunting ("taking") of endangered species. [Endangered Species Act of 1973, Title 16 of the United States Code, §§ 1531-1544] [cite web |url=http://www.law.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html |title=US CODE: Title 16, 1531 |accessdate=2007-09-21 ] [For a fuller description of the Endangered Species Act, see that article, or [this portal: http://www.llrx.com/features/esa.htm] .] The U.S. is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). [cite web |url=http://www.fws.gov/species/species_accounts/bio_tige.html |title=Tiger, (Panthera tigris) |accessdate=2007-09-21 ] The Bush Administration proposed lifting some restrictions in 2005 (for antelopes), as did the Norwegian Government (for wolves) in the same year. [cite news |first= |last= |coauthors= |publisher=NewScientist |date=2005-01-22 |url=http://www.newscientist.com/channel/life/mg18524832.900 |title=Permission given to hunt endangered wolves |accessdate=2007-09-21 ]

Exemptions

Both Federal and State exempt the following:

# Pest species, as noted above.
# Native Americans based on Indian treaties
# Specific statutes, such as the Marine Mammal Protection Act and eagle feather laws (see below}
# Alaskan Native laws
# Active service members of the military often get free licenses [cite web |url=http://www.dec.ny.gov/ |title=NY Dept. of environmental conservation |accessdate=2007-09-21 ]
# Sports hunting for targets.

The Eagle Feather Law

The eagle feather law, (Title 50 Part 22 of the Code of Federal Regulations), stipulates that only individuals of certifiable Native American ancestry enrolled in a federally recognized tribe are legally authorized to obtain eagle feathers for religious or spiritual use. Native Americans and non-Native Americans frequently contest the value and validity of the eagle feather law, charging that the law is laden with discriminatory racial preferences and infringes on tribal sovereignty. The law does not allow Native Americans to give eagle feathers to non-Native Americans, a common modern and traditional practice. Many non-Native Americans have been adopted into Native American families, made tribal members and given eagle feathers.

econd Amendment issue

Some hunters have challenged hunting licenses, as being in violation of the right to keep and bear arms as guaranteed by Second Amendment to the United States Constitution; the Supreme Court of the US is as of 2008, hearing arguments on the proper standard of review for gun laws or regulations. [Joan Biskupic, "Do you have a legal right to own a gun?", "USA Today", February 27, 2008, p. 1-2.]

Germany

A german hunting license is a certificate that grants its holder the exercise of hunting within legal ordinances. The actual right to exercise hunting in a specific area is entitled to the respective landowners who may use their right for themselves or lease it. The purpose of the hunting license is to ensure that only well trained persons may exercise hunting. Applicants must fulfill the following requirements:

* Successful graduation of a hunting exam,
* Certificate of a liability insurance for hunters,
* Personal trustworthiness (§ 5 German Weapons Act),
* Applicants must be at least 16 years for a Youth Hunting License, otherwise 18 years,
* Flawless Criminal record.

The hunting exam is a test of expertise with a high failure rate. To pass it, each applicant has to participate in a comprehensive, difficult instruction course which consists largely of the areas shooting (shotgun and rifle), theory and practise.

References

*cite book
last =Palmer
first =Theodore Sherman
title =Hunting licenses: Their history, objects, and limitations
publisher =U.S. Dept. of Agriculture
date =1904
pages =72 pp.
id = ASIN: B00088530Q
*cite book
last =Potter
first =Dale R.
authorlink =
coauthors =Kathryn M. Sharpe, John C. Hendee
title =Human Behavior Aspects Of Fish And Wildlife Conservation - An Annotated Bibliography
publisher =U.S. Dept. of Agriculture
date =1973
location =
pages =290 pp.
url =http://www.fs.fed.us/pnw/pubs/pnw_gtr004.pdf
doi =
id =

Notes

See also

* Beast of Gévaudan, a famous episode of wolf-hunting
* Canned hunt
* Hunting
* Regulation of recreational fishing
* Hunting of Jean-Baptiste, a notable wolf-hunt from 1780

External links

* [http://www.nyoc.us New York Outdoorsman Central web site]
* [http://www.dec.state.ny.us New York State Department of Environmental Conservation]
* [http://www.hunter-ed.com/mktg/national_1.htm Hunter Education commercial web site]