Lreynolds wrote: Indaswamp wrote:
And to end this thread, I'll post this definition... (Kudos and 1000 points to Underradar.)
Rule of capture
The rule of capture or law of capture is common law from England, adopted by a number of U.S. jurisdictions, that establishes a rule of non-liability and ownership of captured natural resources including groundwater, oil, gas, and game animals. The general rule is that the first person to "capture" such a resource owns that resource.
Those Ducks are mine when I shoot them and the dog brings them to me and I thus maintain them in my possession.
Absolutely right. But you can not shoot wild game whenever, wherever, however, and in any number that you want. Furthermore, you can not do whatever you want with the game AFTER you have taken private ownership of it. Why?
Because those are the pre-established rules that you agreed to abide by in exchange for taking game. Those things are controlled through regulations established through a representative process in which ALL citizens can participate. Why?
Because Supreme Court rulings have dictated that "wildlife is owned by the public" and ALL citizens, including all of us, are the "public". Consequently, ALL citizens are eligible to take wild game under those regulations, and ALL citizens can participate in the regulatory process that governs the taking of that game.
States regulate the take of resident game because they typically don't move between state jurisdictions; the feds regulate take of migratory birds because they clearly do move between states and countries. Those animals are owned by all of us, the public, until an individual, within the bounds of established hunting regulations, "reduces them (it) to possession". By successfully hunting, you have transferred ownership from the "public" to the "private". And if you don't follow the regulations and get caught, you get to reimburse the "public" for what you stole from them (all of us, the public, each and every one of us). And if those publicly-owned game animals damage your property, you will NOT be compensated outside of a previously-negotiated settlement ..... just like the previously-negotiated regulations that allowed you to transfer ownership form public to private during the hunting season.
All of you know these simple things to be true. But if you don't believe me, feel free to take game animals out of season or in excess of the limit, and see what happens when you are caught.
Feel free to sue the state or the feds over property damage caused by wildlife, and see what happens.
Nothing new, nothing innovative, nothing deeply philosophic ..... man, this thread goes above and beyone to obfuscate the obvious.