HCR2037 - 482R - House Bill Summary

House of Representatives

HCR 2037

constitutional rights; game and fish

Sponsors: Representatives Weiers JP, Adams, Barnes, et al.

X	Committee on Natural Resources and Public Safety
	Caucus and COW
	House Engrossed

House Concurrent Resolution 2037 amends the Arizona Constitution to ensure the right of Arizona citizens to hunt, fish, and harvest game animals pursuant to existing regulations and restrictions.

History

The Constitution of Arizona, Article II comprises a declaration of the rights of Arizona citizens. Thirty-four fundamental principles are presented as essential to ensure the security of individual rights and the perpetuity of free government.

Arizona laws regarding wildlife are administered by the Game and Fish Department. Control of the Game and Fish Department is vested in the Game and Fish Commission (Commission). The Commission is comprised of five members appointed by the Governor who each serve five-year terms. A.R.S. § 17-231 outlines some duties of the Commission as:

- Establishing broad policies and long-range programs for the management, preservation, and harvest of wildlife.

- Establishing hunting, trapping, and fishing rules and prescribe the manner and methods that may be used in taking wildlife.

- Assuming responsibility for the enforcement of wildlife-protection laws.

- Prescribing rules for the sale, trade, importation, exportation or possession of wildlife.

A.R.S. § 17-102 states that wildlife in Arizona, both resident and migratory, native or introduced, except fish and bullfrogs impounded in private ponds or wildlife and birds reared or held in captivity under a permit or license from the Commission, are property of the State and may be taken at such times and in such manner as provided by law or rule of the Commission.

Provisions

· States that the right of Arizona citizens to hunt, fish, and harvest game animals in a manner consistent with the laws of trespass shall not be impaired, except as reasonably restricted or regulated by the Legislature.

· Prescribes that traditional methods of hunting, fishing, and gathering wildlife may be used to take nonthreatened species that are traditionally pursued if consistent with the public trust to conserve birds, game animals, fish and wildlife.

· Promotes hunting, fishing, and harvest as the preferred means to manage and control nonthreatened wildlife.

· Directs the Arizona Secretary of State to submit this proposition to the voters at the next general election.

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· Forty-eighth Legislature