Oct 25, 2016

Right to Hunt Amendments on Ballot in Indiana, Kansas

Outside of a pretty important presidential election coming up in a couple weeks that could very well decide the makeup and direction of something as critical as the country's entire federal judiciary for decades, voters in two states will be casting ballots on the constitutional protection of something that's equally important to sportsmen and women: the right to hunt and fish.

On November 8, voters in Indiana and Kansas will weigh in on Constitutional Amendments to protect the right of citizens to hunt, fish and trap subject to state laws and regulations.

Language for the Hoosier State's Right to Hunt and Fish state constitutional amendment was approved by Indiana Governor Mike Pence (R) in March and will appear on the ballot as Question 1. If passed by the voters, the measure will amend the Indiana Constitution to establish an individual right to hunt, fish, and harvest wildlife in the Hoosier State and ensure that wildlife and conservation management decisions will continue to be based on sound science, not the misguided agendas of anti-hunting and anti-fishing extremists.

In Kansas, the passage of House Concurrent Resolution 5008 passed the Senate without opposition and breezed through the House by a vote of 117 to 7. The amendment to the Kansas Constitution that would affirm the right of the public to hunt, fish, and trap as such:

"The people have the right to hunt, fish and trap, including by the use of traditional methods, subject to laws and regulations that promote wildlife conservation and management and that 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 water resources."

In the November 2015 general election, 81 percent of voters in Texas approved a Constitutional Amendment protecting the right of future residents of The Lone Star State to hunt and fish, making it the 19th to safeguard the rights of sportsmen in its state constitution.

Texas' Proposition 6 ensures that future wildlife conservation and management decisions are based on sound science in order to protect our outdoor heritage for generations to come. It adds the following important language to the Texas Constitution:

"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. Hunting and fishing are preferred methods of managing and controlling wildlife. This section does not affect any provision of law relating to trespass, property rights, or eminent domain. 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."

Of the 19 states currently guaranteeing the right to hunt and fish in their constitutions, 18 were approved by the voters. While Vermont's language dates back to 1777, the rest of these constitutional provisions — in Alabama, Arkansas, Georgia, Idaho, Kentucky, Louisiana, Mississippi, Minnesota, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, Virginia, Wisconsin and Wyoming — have passed since 1996.

Advocates also consider Alaska's constitutional language—"Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use"— as meeting the test because of its strong case law history.

- J.R. Absher