Minnesota passed its right to hunt and fish amendment back in 1998, and its biggest effect on the state’s natural resources scene was the passage of the Legacy Amendment a decade later.
The momentum and confidence that Amendment 2 generated 28 years ago allowed the sporting community and its allies to push a sales-tax dedication over the finish line in 2008. Amendment 2’s accomplishments in actually protecting hunting and fishing rights have been harder to quantify.
The state hasn’t lost any hunting or fishing seasons as a result of lawsuits, probably in part because of the language in our state constitution protecting those rights. Any such litigation probably would go down in flames pretty fast. So that’s a win for everyone who advocated for its passage.
Only Alabama had similar constitutional language on the books prior to Minnesota, and now 24 states have it, with Florida the latest, in 2024. Wisconsin passed its version in 2003, and Colorado is working to pass its own (Initiative 302) on Election Day, Nov. 3.
That’s great, but I’ve never been able to shake the feeling that all these amendments have lacked serious legal teeth. We feel good about their passage, but what have they accomplished? Last week, my USMC brother in North Carolina and some sources here in Minnesota sent me a news story that casts right-to-hunt-and-fish constitutional language in an interesting light.
In August, a Wake County judge ruled that North Carolina has failed to meet its constitutional obligation to protect state fisheries. Tar Heel State voters added a section (Article I, Section 38) to their state constitution protecting the right to hunt, fish, and harvest wildlife in 2018.
The Carolina Journal reports that Superior Court Judge Bryan Collins’ ruling arrived six months after he conducted a multi-week trial in a lawsuit led by the Coastal Conservation Association of North Carolina. That association led a group of more than 80 plaintiffs that sued the state in 2020, alleging a breach of its obligation to manage and protect fisheries for the benefit of the public.
The plaintiffs said they have a right to hunt and fish, but N.C. fisheries managers weren’t holding up their end of the bargain in maintaining healthy Atlantic fisheries. After a lengthy judicial process, the judge agreed.
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Collins wrote that North Carolina has failed to “keep fisheries safe from injury, harm, or destruction for all time” as required under Article I, Section 38, and failed to “protect the harvestable fish population for the benefit of the citizenry.”
The issue in North Carolina involves commercial fishing trawlers, bycatch, and its resource commissions, so this is not an apples-to-apples comparison with poor walleye fishing in your Minnesota local lake, but nonetheless, it’s new legal ground for any state with similar language in its constitution. I have to wonder if some attorneys general and natural resources leaders around the country are nervously tugging at their collars over this ruling.
Collins has given the parties 45 days to prepare a report to address the remedy phase of the case challenging state fisheries policies. It’ll probably end up meaning a commission gets overhauled, but big picture: What kind of door does this case open?
It appears to be a new legal lever for those who care about natural resources management and the recreational fish and game it supports. One also wonders if right-to-hunt-and-fish language will be harder to pass in other states as a result of this ruling.
Legislators and AGs may be less friendly to the concept if it means legal headaches like what’s cooking in N.C. right now.
Got time on your hands? You can read the entire 190-page ruling here.



1 thought on “Outdoor Insights: A right to hunt and fish… with teeth?”
I haven’t followed the case nor read the 190 page decision, so I’m shooting semi-blind here, but…
It seems that ‘“keep fisheries safe from injury, harm, or destruction for all time” as required under Article I, Section 38, and “protect the harvestable fish population for the benefit of the citizenry.” ‘ is a pretty broad and vague statement, subject to lots of legal interpretation, lots of variability by species, uncertainties over time (like global warming), and the actions of the Federal Gvt and other states.
Nor do I see mention of whether “fisheries” applies to more than fish; shellfish, shrimp, crabs, etc.
The wording would seem OK as an objective, goal or guideline, but pretty difficult to carry out as a hard legal mandate over which NC or its agencies can be sued and a judge has to rule. “for all time” seems especially problematic in a law.
Many of the coastal species and fisheries flow up and down the coast over several states, probably with some Federal jurisdiction too. If some other state or the Fed does something (or fails to do), NC must ‘keep safe’ regardless? So too the flyways for migrating birds, if this decision might be expanded beyond just fish. (A poignant comparison might be chestnut blight, brought in with Asian chestnut in a bad decision in NYC Central Park, that affected forests and economies down through Georgia.)
(Interior waters and fish that don’t move as much, might easier to manage. But still, there are waterways that are shared with other states.)
Overall, this Constitutional amendment seems difficult to enforce in any reasonable way. A better approach might be for the states that share a fishery to develop cooperative plans for the various species or waterways; and I suspect this is already being done ?
Mark