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Right-to-Hunt-&-Fish Amendment Clears Last Hurdle Before Voters

A proposed amendment to the state’s constitution that protects citizens’ right to hunt and fish is headed to the voters.

After already being approved by the Senate, the House approved final passage of the proposed amendment, SJR30, on Thursday.

The language of the measure reads, “The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state’s power to regulate commercial activity. Traditional manners and means may be used to take non-threatened species.”

The House sponsor of the resolution, Rep. Joe McCord, R-Maryville, said the amendment is needed to prevent erosion of the rights before they are attacked.

“They didn’t think they had a problem in Great Britain and other European countries until it was politically popular to ban certain types of hunting, and then it was too late,” McCord said on the House floor. “This isn’t just a knee-jerk reaction to what occurred in some other countries. States such as Pennsylvania put these in their original constitutions when written.”

McCord said 12 other states have similar provisions in their state constitutions and at least eight other states are considering such a measure.

Rep. Johnnie Turner, D-Memphis, questioned the need for the measure. “Your reference has been to what has happened in other countries. What has happened in Tennessee — what has happened in America — that has led you to seek this amendment?” she asked.

McCord acknowledged there doesn’t appear to be a current or immediate threat against people hunting and fishing. But nothing presently in the Tennessee Constitution prohibits lawmakers or political interests hostile to the harvest of fish and wild game from attempting to outlaw or unreasonably restrict the activities in the future, he said.

“There is currently not a problem with this, but what happened in other countries, when it became politically popular, it was too late to address the issue, and we are trying to address it now while it’s not a problem before it becomes a problem,” he said.

Turner said she is not against people who hunt or fish, but she said the issue could be resolved through state laws and regulations rather than a constitutional amendment.

“I just think that the Constitution is sacred, and those laws that we pass should reflect upon the uniqueness, the importance, of this,” she said. “My husband was an avid fisherman…but all he had to do was follow the rules and regulations of wherever he was. I just cannot understand why we would need a constitutional amendment. I’m talking about the sacredness of the Constitution.”

McCord said protecting those rights by constitutional amendment is the strongest way to protect hunting and fishing rights. “We all in this room assume we have that right (to hunt and fish), but we’re not guaranteed that right unless it’s by Constitution,” he said.

A change to the state Constitution must be approved by a two-thirds majority in each legislative chamber in two consecutive General Assemblies, and it then must be approved by the voters, while a change in state law takes approval by a simple majority of each chamber plus the governor’s signature and is not subject to the approval of the voters.

McCord added that the measure would not prevent state government from protecting any species deemed threatened.

“This does not take the ability for the Tennessee Wildlife Resource Agency to set reasonable regulations – their first goal is the protection of species, and they maintain that responsibility and right,” he said.

Rep. Tommie Brown, D-Chattanooga, said the push for the constitutional amendment was a preemptive strike against the Obama administration.

“I heard the whole scenario as to the rage that’s going across the country with this whole idea this present administration is moving to ban this right,” she said. “It’s alright if Tennessee wants to respond to every kind of allegation that’s out there, so eventually we’re not going to be able to even read the Constitution it’s going to be so long.”

McCord responded that the move to pass the proposed constitutional amendment began while George W. Bush was still president.

The final vote was 90-1.

Turner was the lone vote against the measure. Brown and Rep. JoAnne Favors, D-Chattanooga pushed the “present but not voting” button. Rep. John DeBerry, D-Memphis, and Rep. Sherry Jones, D-Nashville, were present but did not vote.

Reps. Kevin Brooks, R-Cleveland, Gary Moore, D-Joelton, Eric Watson, R-Cleveland, and John Mark Windle, D-Livingston, were excused from attending the floor session.

The vote in the Senate, which occurred in late January, was unanimous.