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- Title
GUIDED INTO JEOPARDY: HOW SOUTH DAKOTA'S FAILURE TO REGULATE THE ACTS OF HUNTING OUTFITTERS CAN INFLICT CRIMINAL LIABILITY AND BODILY HARM ON CLIENT-HUNTERS.
- Authors
MERRILL, SAMANTHA J.
- Abstract
Inexperienced hunters often rely on hunting outfitters to guide a successful hunt. However, some hunting outfitters use illegal tactics, often in violation of the Lacey Act or Migratory Bird Treaty Act, to increase the take of game to satisfy client-hunters. The violations of these federal laws have high criminal consequences, often imposing significant fines and suspending hunting rights. Usually, the illegal act or acts of the hunting outfitter cause the client-hunter to leave with a criminal record. This imposition of criminal liability occurs for one main reason: it is extremely difficult for client-hunters to claim total ignorance about hunting outfitters' illegal acts. These criminal acts are difficult to conceal from the client-hunters, especially if the client-hunter returns to the outfitter for subsequent hunts, and thus provide an adequate basis for violations of the law. In addition to the risk of becoming a felon, hunting, especially with an inexperienced client-hunter in unfamiliar terrain, can be dangerous and lead to serious physical harm. Unfortunately, despite the hunting industry being one of South Dakota's primary sources of income, South Dakota has few regulations relating to the hunting outfitter business. This comment will outline the dangers to client-hunters, both criminally and in the context of health and safety, and explain why all states, including South Dakota, must regulate this industry to protect the client-hunters, lawfully operating outfitters, and the value generated by wildlife within the state.
- Subjects
SOUTH Dakota; HUNTING; OUTFITTING industry; CRIMINAL liability; HUNTERS; HUNTING safety; GAME laws; MIGRATORY Bird Treaty Act (U.S. : 1918)
- Publication
South Dakota Law Review, 2022, Vol 67, Issue 2, p280
- ISSN
0038-3325
- Publication type
Article