LEGAL ASPECTS OF USE AND DEVELOPMENT OF
WILDLIFE RESOURCES ON PRIVATE LANDS:
COLORADO, KANSAS, NEW MEXICO,
OKLAHOMA, TEXAS
Great Plains Agricultural Council
Wildlife Resources Committee
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Written and Prepared by:
OK
Bruce M. Kramer
Professor of Law
Texas Tech University
School of Law
1982
*
Support for this work was provided by the Texas Tech University School of Law and USDA Forest
Service, Rocky Mountain Forest and Range Experiment Station, through the Station's unit in Lubbock,
Texas. The opinions expressed in this report do not necessarily represent the opinions or policies
of the United States of America, Great Plains Agricultural Council, or the Texas Tech University
School of Law.
T ABLE OF CONTENTS
Page
ACKNOWLEDGEMENTS
i
INTRODUCTION
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1.
II.
III.
IV.
OWNERSHIP OVER WILDLIFE RESOURCES
A. Property Rights in Wildlife .
. . . . . . .
1. Classification of Game Animals . . . . . . .
2. Public Ownership and Control of Game Animals
3. Private Ownership of Game Animals
B.
Property Rights in Fish . . . . . .
1. Classification of Fish
2. Public Ownership and Control of Fish
3. Private Ownership of Fish.
C. State Regulation of Hunting and Fishing .
D. Regulating Commerce in Wildilfe . . . . .
1. The Prohibition of Commerce in Lawfully Taken Wildlife
2. The Prohibition of Commerce in Unlawfully Taken Wildlife
3. The Prohibition of Importation of Injurious Wildlife
Footnotes .
LANDOWNER LIABILITY FOR PRIVATE RECREATIONAL USE
A.
Introduction
B. Common Law Principles . . .
1. Ownership and Possession
2. Trespasser Liability
3. Licensee Liability
4.
Invitee . . . .
C. Modern Legislation
1.
Introduction
2. The General Scheme of the Statute
3. Defined Terms in the Statutes
4.
Standard of Care
5. Liability to Children . . . .
6. Liability for Injuries to Others Caused by Recreational Users
7. Exclusion of State Compensation . . . .
8. Liability for Failing to Receive a State Permit
9. Conclusion
Footnotes
FEDERAL REGULATORY PROGRAMS
A. Major Themes of Federal Wildlife Law . . .
1. Regulating the Taking of Wildlife
2. Federal Regulation of Wildlife Habitat
3. Endangered Species Act
4. Clean Water Act
Footnotes
SU~~RY
APPENDICES
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
AND CONCLUSIONS
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A
B
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- Model Act . . . .
- Colorado Statutes
- Kansas Statutes .
New Mexico Statutes
- Oklahoma Statutes .
- Texas Statutes
- Some Examples of Leases and Other Agreements
- Proposed New Model Legislation
- Model Lease . . . . . . . .
J - Addresses of State Wildlife Departments
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