RIGHT TO HUNT AND/OR FISH

STATUS OF STATES WITH / WITHOUT

CONSTITUTIONAL OR STATUTORY PROVISIONS

(Updated April 2015)

The majority (30) of states do not have provisions in their constitutions establishing rights to hunt, fish or
trap game and fish. Rather, most states have either statutes or regulations declaring that these activities
are privileges (or statutory rights) subject to regulation and restriction by the state legislature and/or state
wildlife agency.
There are 20 states that currently have constitutional provisions addressing individuals right to hunt, fish,
and/or trap. Those states are: Alabama, Arkansas, California*, Georgia, Kentucky, Louisiana, Minnesota,
Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Rhode Island*, South Carolina, Tennessee,
Vermont, Virginia, Wisconsin, and Wyoming. (*California and Rhode Island have a right to fish only).
Of the 20 constitutional right to hunt or fish provisions, the term right is actually used in 12. No
mention of right is used by the other 8 states:

Georgia (The tradition of fishing and hunting and the taking of fish and wildlife shall be
preserved for the people .);
Louisiana (The freedom to hunt, fish, and trap wildlife is a valued natural heritage that shall
be forever preserved for the people.);
Minnesota (Hunting and fishing and the taking of game and fish are a valued part of our
heritage that shall be forever preserved for the people .);
Montana (The opportunity to harvest wild fish and wild game animals is a heritage that shall
forever be preserved to the individual citizens of the state.);
North Dakota (Hunting, trapping, and fishing and the taking of game and fish are a valued part
of our heritage and will be forever preserved for the people .); and
Vermont (The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl
on the lands and in like manner to fish .).

Five states (Colorado, Florida, Idaho, Maryland, and Michigan) have a statutory right to hunt.
Two states (Missouri and Pennsylvania) have statutory privilege to hunt.
Of the 20 states that have no express statutory or constitutional right to hunt or fish, 3 states (Kansas,
Nevada, and West Virginia) have a right to bear arms constitutional provision which includes the right to
bear arms for the purpose of hunting.
YellowConstitutional Right Hunt and/or Fish20
GrayStatutory Right to Hunt and/or Fish5
GreenStatutory Privilege to Hunt and/or Fish2
BlueConstitutional Right Pending2
No HighlightNo Express Constitutional or Statutory Right or Privilege to Hunt and/or Fish20
1. Alabama. Constitutional right. Amendment No. 597 to the Alabama Constitution (1996).
All persons shall have the right to hunt and fish in this state in accordance with laws and
regulations.

2. Alaska. No constitutional right. No statutory right.

3. Arkansas. Constitutional right.. Amendment 88, Arkansas Constitution:

(1) Citizens of the state of Arkansas have a right to hunt, fish, trap, and harvest wildlife.
(2) The right to hunt, fish, trap, and harvest wildlife shall be subject only to regulations that
promote sound wildlife conservation and management and are consistent with Amendment 35
of the Arkansas Constitution. Public hunting, fishing, and trapping shall be a preferred
means of managing and controlling nonthreatened species and citizens may use traditional
methods for harvesting wildlife. Nothing in this amendment shall be construed to alter,
repeal, or modify:
(1) Any provision of Amendment 35 to the Arkansas Constitution;
(2) Any common law or statute relating to trespass, private property rights, eminent domain,
public ownership of property, or any law concerning firearms unrelated to hunting; or
(3) The sovereign immunity of the State of Arkansas.
Arkansas has other constitutional provisions (Amendment 35 to the Arkansas Constitution) that
establish constitutional protection for management and harvesting of wildlife.
4. Arizona. No constitutional right. No statutory right.

5. California.* Constitutional right to fish (silent about hunting). Art. 1, 25 to the California
Constitution (1910).
The people shall have the right to fish upon and from the public lands of the State and in the
waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the people the absolute right to
fish thereupon; and no law shall ever be passed making it a crime for the people to enter
upon the public lands within this State for the purpose of fishing in any water containing fish
that have been planted therein by the State; provided, that the legislature may by statute,
provide for the season when and the conditions under which the different species of fish may
be taken.

6. Colorado. No constitutional right. Does have statutory right. Colorado Rev. Stat. Ann. 33-1101, provides:
(1) It is the policy of the state of Colorado that the wildlife and their environment are to be
protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the
people of this state and its visitors. It is further declared to be the policy of this state that
there shall be provided a comprehensive program designed to offer the greatest possible
variety of wildlife-related recreational opportunity to the people of this state and its
visitors and that, to carry out such program and policy, there shall be a continuous
operation of planning, acquisition, and development of wildlife habitats and facilities for
wildlife-related opportunities. . . .
(2) All wildlife within this state not lawfully acquired and held in private ownership is
declared to be the property of the state. Right, title, interest, acquisition, transfer, sale,

importation, exportation, release, donation, or possession is permitted only as provided

in articles 1 to 6 of this title [Colorado Wildlife Act] or in any rule of the parks and
wildlife commission. . . .
(4) The state shall utilize hunting, trapping, and fishing as the primary methods of effecting
necessary wildlife harvests.

7. Connecticut. No constitutional right. See statutes in Connecticut General Stats. Ann. 26.

8. Delaware. No constitutional right. See statutes in Delaware Code Ann. Title 7.

9. Florida. No constitutional right. Does have statutory right. Enacted in 2002 the following
statute, Florida Stat. Ann. 372.002:
Right to hunt and fish.--The Legislature recognizes that hunting, fishing, and the taking of
game are a valued part of the cultural heritage of Florida and should be forever preserved
for Floridians. The Legislature further recognizes that these activities play an important part
in the state's economy and in the conservation, preservation, and management of the state's
natural areas and resources. Therefore, the Legislature intends that the citizens of Florida
have a right to hunt, fish, and take game, subject to the regulations and restrictions
prescribed by general law and by s. 9, Art. IV of the State Constitution.
Florida has other constitutional provisions that establish constitutional protection for
management and harvesting of wildlife.

10. Georgia. Constitutional right. Article 1, 1, Para. XXVIII of the Georgia Constitution (2006).
The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for
the people and shall be managed by law and regulation for the public good.

11. Hawaii. No constitutional right. See generally Hawaii Rev. Stats. Ann. Title 12.

12. Idaho. No constitutional right. Does have statutory right. Idaho Code Ann. 36, which provides:
Wildlife property of statePreservation
(a) Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the
state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be
preserved, protected, perpetuated, and managed. It shall be only captured or taken at such
times or places, under such conditions, or by such means, or in such manner, as will
preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and,
as by law permitted to others, continued supplies of such wildlife for hunting, fishing and
trapping.

13. Illinois. No constitutional right. See generally Illinois Comp. Statutes Ann. Chaps. 515 & 520.

14. Indiana. No constitutional right. See generally Indiana Code 14-22-et seq. Constitutional right to
hunt legislation pending in the Indiana Legislature (Senate Joint Resolution No. 2) would add the
following to the Indiana Constitution.

Right to hunt, fish, and harvest wildlife. Provides that the right to hunt, fish, and harvest
wildlife is a valued part of Indiana's heritage and shall be forever preserved for the public
good. Provides that the people have a right, which includes the right to use traditional
methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the general
assembly and rules prescribed by virtue of the authority of the general assembly to: (1)
promote wildlife conservation and management; and (2) preserve the future of hunting and
fishing. Provides that hunting and fishing are the preferred means of managing and
controlling wildlife. Provides that this constitutional amendment does not limit the
application of any laws relating to trespass or property rights. This proposed amendment has
been agreed to by one general assembly.
If passed by the Indiana Legislature, the measure would go before Indiana voters in
November 2016.
15. Iowa. No constitutional right. See generally Iowa Code Ann. Chap. 483.

16. Kansas. No constitutional right. See generally Kansas Stat. Ann. Chap. 32. However, see, Kansas
Bill of Rights, Section 4 regarding right to bear arms for lawful hunting.
Individual right to bear arms; armies. A person has the right to keep and bear arms for the
defense of self, family, home and state, for lawful hunting and recreational use, and for any
other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and
shall not be tolerated, and the military shall be in strict subordination to the civil power

17. Kentucky. Constitutional right. Kentucky Constitution, Section 255a (Creation proposed by 2011
Ky. Acts ch. 4, sec. 1; text as ratified on November 6, 2012):
Personal right to hunt, fish, and harvest wildlife - Limitations. The citizens of Kentucky have
the personal right to hunt, fish, and harvest wildlife, using traditional methods, subject only
to statutes enacted by the Legislature, and to administrative regulations adopted by the
designated state agency to promote wildlife conservation and management and to preserve
the future of hunting and fishing. Public hunting and fishing shall be a preferred means of
managing and controlling wildlife. This section shall not be construed to modify any
provision of law relating to trespass, property rights, or the regulation of commercial
activities.

18. Louisiana. Constitutional right. Article I, Section 27 to the Louisiana Constitution (2004):
The freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by
hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for
the people. Hunting, fishing and trapping shall be managed by law and regulation consistent

with Article IX, Section I of the Constitution of Louisiana to protect, conserve and replenish
the natural resources of the state. The provisions of this Section shall not alter the burden of
proof requirements otherwise established by law for any challenge to a law or regulation
pertaining to hunting, fishing or trapping the wildlife of the state, including all aquatic life.
Nothing contained herein shall be construed to authorize the use of private property to hunt,
fish, or trap without the consent of the owner of the property.

19. Maine. No constitutional right. See generally 12 Maine Rev. Stat. Ann. Part 13, Sub. 4.

20. Maryland. No constitutional right. Does have statutory right. See generally Maryland Code
Titles 4, 10; [2005, ch. 416.].
10-212. Hunting heritage protection.
(a) Findings of General Assembly.- The General Assembly finds and declares that:
(1) Hunting is an important and traditional activity in which 14,000,000 Americans who
are at least 16 years old participate,
(2) Hunters have been and continue to be among the foremost supporters of sound
wildlife management and conservation practices in the United States;
(3) Hunters and hunting organizations provide direct assistance to wildlife managers
and enforcement officers of federal, state, and local governments;
(4) Fees for hunting licenses, permits, and stamps, and taxes on goods used by hunters,
have generated billions of dollars for wildlife conservation, research, and
management;
(5) Hunting is an essential component of effective wildlife management, as it is an
important tool for reducing conflicts between people and wildlife and provides
incentives for the conservation of wildlife, habitats, and ecosystems on which wildlife
depends; and
(6) Hunting is an environmentally acceptable activity that occurs and can be provided
for on State public lands without adverse effects on other uses of the lands.
(b) Duties of Department related to maintenance of open lands for hunting.- The Department
shall:
(1) Keep land managed by the Department open for hunting unless the Department
determines that the land must be closed for reasons of public safety, fish or wildlife
management, or homeland security, or as otherwise required by law;
(2) Manage land under its authority to support, promote, and enhance hunting
opportunities to the extent authorized under State law; and
(3) Manage land under its authority to prevent, to the greatest practical extent, any net
loss of acreage available for hunting opportunities on land managed by the
Department,
(c) Reports to General Assembly.- By October 1, 2006, and each year thereafter, the
Department shall submit to the General Assembly, in accordance with 2-1246 of the
State Government Article, a report describing the land managed by the Department that:
(1) The Department closed to hunting during the previous year and the reasons for the
closures; and
(2) To comply with subsection (b) of this section, the Department opened to hunting
during the previous year to compensate for the acreage closed as described under
item (1) of this subsection.

21. Massachusetts. No constitutional right. See generally Massachusetts General Laws Ann. Chap.
131.

22. Michigan. No constitutional right. Does have statutory right to fish. See generally Michigan
Comp. Laws Ann. Chap. 324, including 324.45301:
Lawful fishing with hook and line.
In any of the navigable or meandered waters of this state where fish have been or are
propagated, planted, or spread at the expense of the people of this state or the United States,
the people have the right to catch fish with hook and line during the seasons and in the
waters that are not otherwise prohibited by the laws of this state.

23. Minnesota. Constitutional right. Art. XIII, 12 to the Minnesota Constitution (1999).
Hunting and fishing and the taking of game and fish are a valued part of our heritage that
shall be forever preserved for the people and shall be managed by law and regulation for the
public good.

24. Mississippi. Constitutional right. Approved in November 2014. See, House Concurrent
Resolution No. 30, proposing addition of Section 12A to the Mississippi Constitution of 1890.

The people have the right to hunt, fish and harvest wildlife, including by the use of
traditional methods, subject only to laws and regulations that promote wildlife
conservation and management and that preserve the future of hunting and fishing, as
the Legislature may prescribe by general law. Public hunting and fishing shall be a
preferred means of managing and controlling wildlife. This section may not be
construed to modify any provision of law relating to trespass, property rights, the
regulation of commercial activities or the maintenance of levees pursuant to Article
11.
25. Missouri. No constitutional right. Statutory provision interpreted as a statutory privilege. See
generally Vernons Ann. Missouri Stats. Chaps. 252 and 578, including:
578.151. Legislative intent--interference with lawful hunting, fishing or trapping in the first
degree--penalty
1 It is the intent of the general assembly of the state of Missouri to recognize that all
persons shall have the right to hunt, fish and trap in this state in accordance with law and
the rules and regulations made by the commission as established in article IV of the
Constitution of Missouri.
2 Any person who intentionally interferes with the lawful taking of wildlife by another is
guilty of the crime of interference with lawful hunting, fishing or trapping in the first
degree.

26. Montana. Constitutional right. Art. IX, 7 to the Montana Constitution.

Preservation of Harvest Heritage. The opportunity to harvest wild fish and wild game
animals is a heritage that shall forever be preserved to the individual citizens of the state and
does not create a right to trespass on private property or diminution of other private rights.

27. Nebraska. Constitutional right. Art. XV, 25 (2012)

25. Right to hunt, to fish, and to harvest wildlife; public hunting, fishing, and harvesting
of wildlife; preferred means of managing and controlling wildlife. The citizens of
Nebraska have the right to hunt, to fish, and to harvest wildlife, including by the use of
traditional methods, subject only to laws, rules, and regulations regarding participation
and that promote wildlife conservation and management and that preserve the future of
hunting, fishing, and harvesting of wildlife. Public hunting, fishing, and harvesting of
wildlife shall be a preferred means of managing and controlling wildlife. This section
shall not be construed to modify any provision of law relating to trespass or property
rights. This section shall not be construed to modify any provision of law relating to
Article XV, section 4, Article XV, section 5, Article XV, section 6, or Article XV, section 7,
of this constitution.
See, also, Art. I, Sect. 1 (1988):
All persons are by nature free and independent, and have certain inherent and
inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to
keep and bear arms for security or defense of self, family, home, and others, and for
lawful common defense, hunting, recreational use, and all other lawful purposes, and
such rights shall not be denied or infringed by the state or any subdivision thereof. To
secure these rights, and the protection of property, governments are instituted among
people, deriving their just powers from the consent of the governed.
See also, generally, Nebraska Rev. Stats. Chap. 37.

28. Nevada. Constitutional right. Art. 1, Sect. 11(1):

Every citizen has the right to keep and bear arms for security and defense, for lawful
hunting and recreational use and for other lawful purposes.
Also, see generally Nevada Rev. Stats. Ann. Title 45.

29. New Hampshire. No constitutional right. See generally New Hampshire Stats. Ann. Title 18.

30. New Jersey. No constitutional right. See generally New Jersey Stats. Ann. Title 23.

31. New Mexico. Constitutional right. Art. 2, Sect. 6 (1971, 1986):

No law shall abridge the right of the citizen to keep and bear arms for security and
defense, for lawful hunting and recreational use and for other lawful purposes, but
nothing herein shall be held to permit the carrying of concealed weapons. No

municipality or county shall regulate, in any way, an incident of the right to keep and
bear arms.
Also, see generally New Mexico Stats. Ann. Chap. 17
32. New York. No constitutional right. See generally McKinneys ECL Art. 11.

33. North Carolina. No constitutional right. See generally North Carolina Gen. Stats. Ann. Chap. 113.

34. North Dakota. . Constitutional right. Art. XI, 27 to the North Dakota Constitution (2000).
Hunting, trapping, and fishing and the taking of game and fish are a valued part of our
heritage and will be forever preserved for the people and managed by law and regulation for
the public good.
See also, Art. I, sect. 1 (1984):
All individuals are by nature equally free and independent and have certain inalienable
rights, among which are those of enjoying and defending life and liberty; acquiring,
possessing and protecting property and reputation; pursuing and obtaining safety and
happiness; and to keep and bear arms for the defense of their person, family, property, and
the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be
infringed..

35. Ohio. No constitutional right. See generally Ohio Rev. Code Title 15; see specifically, R.C. 1531.02
and R.C. 1531.08.

36. Oklahoma. Constitutional right. Art. II, Section 36 of the Oklahoma Constitution adopted by
referendum in November 1, 2008,
All citizens of this state shall have a right to hunt, fish, trap, and harvest game and fish,
subject only to reasonable regulation as prescribed by the Legislature and the Wildlife
Conservation Commission. The Wildlife Conservation Commission shall have the power and
authority to approve methods, practices and procedures for hunting, trapping, fishing and the
taking of game and fish. Traditional methods, practices and procedures shall be allowed for
taking game and fish that are not identified as threatened by law or by the Commission.
Hunting, fishing and trapping shall be the preferred means of managing game and fish that
are not identified as threatened by law or by the Commission. Nothing in this section shall be
construed to modify any provision of common law or statues relating to trespass, eminent
domain, or any other property rights.

37. Oregon. No constitutional right. See generally Oregon Rev. Stats. Ann.

38. Pennsylvania. No constitutional right. Has statutory privilege. 34 Pa.C.S. 322(c)(13); see also
generally Pennsylvania Cons. Stats. Ann. Title 34.
Pennsylvania Game Commission is required to serve the interest of sportsmen by preserving
and promoting our special heritage of recreational hunting and furtaking by providing
adequate opportunity to hunt and trap the wildlife resources of this Commonwealth.

39. Rhode Island.* Constitutional right to fish. Art. 1, 17, Rhode Island Constitution (*silent about
hunting).
Fishery rights Shore privileges Preservation of natural resources. The people shall
continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore,
to which they have been heretofore entitled under the charter and usages of this state,
including but not limited to fishing from the shore ; and they shall be secure in their rights
to the use and enjoyment of the natural resources of the state with due regard for the
preservation of their values.

40. South Carolina. Constitutional right. The following language was passed in 2010:
The traditions of hunting and fishing are valuable parts of the state's heritage, important for
conservation, and a protected means of managing nonthreatened wildlife. The citizens of this
State 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. Nothing in this section shall be construed to abrogate any private
property rights, existing state laws or regulations, or the state's sovereignty over its natural
resources.
Also, See generally South Carolina Code 1976 Title 50.
41. South Dakota. No constitutional right. See generally South Dakota Codified Laws Title 41.

42. Tennessee. The following language in the Tennessee Constitution was passed in 2010:
The citizens of this state shall have the personal right to hunt and fish, subject to reasonable
regulations and restrictions prescribed by law. The recognition of this right does not
abrogate any private or public property rights, nor does it limit the states power to regulate
commercial activity. Traditional manners and means may be used to take non-threatened
species.
Also, see generally Tennessee Code Ann. Title 70.

43. Texas. No constitutional right. See generally Parks & Wildlife Code. Constitutional right to hunt
legislation pending in the Texas Legislature (HJR 61/SJR 22) would add Art. 1, 34 to the Texas
Constitution to state as follows:

(a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional
methods, subject to laws or regulations to conserve and manage wildlife and preserve the future
of hunting and fishing.
(b) Hunting and fishing are preferred methods of managing and controlling wildlife.
(c) This section does not affect any provision of law relating to trespass, property rights, or eminent
domain.
(d) [SENATE VERSION ONLY] This section does not affect the power of the legislature to authorize
a municipality to regulate the discharge of a weapon in a populated area in the interest of public
safety.
If passed by the Texas Legislature, the measure would go before Texas voters in November 201.5

44. Utah. No constitutional right. See generally Utah Code Ann. Title 23. [However, Utah amended the
ballot initiative provisions in its Constitution in 1999 making it tougher to pass wildlife related ballot
initiatives. Article VI, Section 1(2)(a)(ii) of the Utah Constitution requires a two-thirds majority vote
on any ballot initiative to "allow, limit, or prohibit the taking of wildlife or the season for or the
method of taking wildlife . . . ." Ballot initiatives on all other matters require only a majority vote.]

45. Vermont. Constitutional right. Chapter II, 67 to the Vermont Constitution (1777).
Hunting, fowling and fishing. The inhabitants of this State shall have liberty in seasonable
times, to hunt and fowl on the lands they hold, and on other lands not enclosed, and in like
manner to fish in all boatable and other waters (not private property) under proper
regulations, to be made and provided by the General Assembly.

46. Virginia. Constitutional right. Art. XI, 4 to the Virginia Constitution (2000).
Right of the people to hunt, fish, and harvest game. The people have a right to hunt, fish, and
harvest game, subject to such regulations and restrictions as the General Assembly may
prescribe by general law.

47. Washington. No constitutional right. See generally Rev. Code Washington Ann. Title 77.

48. West Virginia. No constitutional right. However, Article III, 22 to the West Virginia Constitution
(1986) states,
Right to Keep and Bear Arms. A person has the right to keep and bear arms for the defense
of self, family, home and state, and for lawful hunting and recreational use.
Elsewhere, in Article VI, 55 reference is made to privilege of hunting, trapping, fishing or to
otherwise hold or capture fish or wildlife.

49. Wisconsin. Constitutional right. Article I, 26 to the Wisconsin Constitution (2003).

Right to Fish, Hunt, Trap, and Take Game. The people have the right to fish, hunt, trap, and
take game subject only to reasonable restrictions as prescribed by law.

50. Wyoming. Constitutional right. Art. 1 Sec. 38, Wyoming Constitution states:
The opportunity to fish, hunt and trap wildlife is a heritage that shall forever be preserved to
the individual citizens of the state, subject to regulation as prescribed by law, and does not
create a right to trespass on private property, diminish other private rights or alter the duty
of the state to manage wildlife.