HUNTING
The regulation of hunting is a matter reserved to the states as part of their POLICE POWER under the TENTH AMENDMENT to the U.S. Constitution (Totemoff v. Alaska, 905 P.2d 954 [Alaska 1995]). Congress maintains statutes that regulate hunting on federal land. States may further regulate the federal lands located within their boundaries so long as their laws do not conflict with federal laws.
South Dakota and Georgia illustrate the sort
of hunting laws typically maintained by a state.
In South Dakota hunting is regulated by Title 41
of the South Dakota Codified Laws Annotated,
Section 41-1-1 et seq. Under Title 41 hunters
must obtain from the game, fish, and parks
commission a license for the privilege of hunt-
ing in South Dakota. Other states maintain sim-
ilar commissions or boards to implement
licensing procedures and policies.
Licensing parameters vary from state to
state. Most states have minimum age require-
ments. In South Dakota, for example, no person
under the age of 12 may obtain a license, but an
11-year-old may obtain a license to hunt
between September 1 and December 31 if he or
she will turn 12 in that period. A child under the
age of 16 may obtain a basic game and fish
license without cost, but only if he or she has
completed a firearms safety course. A parent of
the child must apply for the license, and the
child may hunt only with a parent, guardian, or
responsible adult (§ 41-6-13).
In Georgia any person over the age of 12
may hunt on his or her own land. If a person
between the ages of 12 and 15 seeks to hunt, he
or she must complete a hunter education course,
and then may hunt only with a parent or
guardian. This is true even for children between
the ages of 12 and 15 who are hunting on the
land of their parents or guardians. A person
between the ages of 16 and 25 must also complete a hunter education course before obtaining a hunting license.
States may make licensing exceptions for
certain persons. In Georgia, for example, per-
sons over the age of 65 may receive a hunting
license without paying a fee. Furthermore, per-
sons who are permanently and totally disabled
may obtain a hunting or fishing license for free
(Ga. Code Ann. § 27-2-4 [1996]).
In some states an additional license must be
obtained to hunt certain animals whose popula-
tions are of concern to the state. In South
Dakota these animals are small game, big game,
fur-bearing animals, and migratory waterfowl.
An additional license is required for these ani-
mals so that the commission can keep track of
the number of persons hunting them and con-
serve their populations.
To control animal populations, state licens-
ing commissions also allow the hunting of cer-
tain animals only at certain times of the year.
These time periods are called open seasons, and
they are set each year by the state regulatory
commission. Open seasons limitations some-
times come with special exceptions. In South
Dakota, for example, residents do not need a
license to hunt game birds on their own land
during an open season.
Most states place separate restrictions on
resident versus nonresident licensing and hunt-
ing for certain animals. In South Dakota, for
example, nonresidents may hunt only if they
have obtained a special nonresident license. A
nonresident may hunt small and big game,
waterfowl, and wild turkey. A nonresident must
obtain a nonresident predator license to hunt
predators, but if the nonresident has a nonresi-
dent small-game, big-game, waterfowl, or wild
turkey license, the nonresident may hunt preda-
tors in the animal group authorized by that
license without a separate nonresident predator
license (S.D. Codified Laws Ann. § 41-6-30).
Predators include jackrabbits, prairie dogs,
gophers, ground squirrels, coyotes, red foxes,
gray foxes, skunks, crows, and porcupines.
States may place additional restrictions on
the hunting of certain animals. In Georgia, for
example, feral hogs may be hunted only in cer-
tain situations. For instance, a hunter may not
shoot a feral hog during deer season unless the
hunter and all persons accompanying the hunter
are each wearing a total of at least five hundred
square inches of daylight florescent orange mate-
rial as an outer garment above the waistline. In
South Dakota fur-bearing animals are com-
pletely off-limits to nonresidents.No person may
apply for a license to take protected fur-bearing
animals unless he or she has lived in the state for
90 days prior to the application date (§ 41-6-24).
State hunting statutes also specify standards
for firearm power. In South Dakota, for exam-
ple, no one may hunt big game with a muzzle
loading rifle that discharges a projectile less than
forty-four hundredths of an inch in diameter.
No one may hunt big game with buckshot, or
with a single ball or rifled slug weighing less
than one-half ounce. No self-loading or
autoloading firearm that holds more than six
cartridges may be used to hunt big game, and no
fully automatic weapons may be used to hunt
big or small game (§ 41-8-10, -13).
States may enact a variety of other restric-
tions on hunting. In Georgia, at night, no person
may hunt any game bird or game animal except
for raccoon, opossums, foxes, and bobcats.
Those animals may be hunted at night, but only
with a lantern or a light that does not exceed six
volts (Ga. Code Ann. § 27-3-24). In South
Dakota no dogs may be used in the hunting of
big game, no person may use salt to entice big
game, and no person may use artificial light in
hunting (S.D. Codified Laws Ann. § 41-8-15,
-16).However, an animal damage control officer
