A recent discussion with an old friend got me to thinking (generally a very dangerous thing). He had moved to the Northeast United States a number of years ago and is an avid fly fisherman and upland bird hunter. Not only is he a committed outdoorsman and conservationist, but he happens to raise and train some of the finest bird dogs I have ever been in the presence of. I have shared many a delicious meal with him consisting of pheasant and quail served with wild rice and gravy and I must tell you, it is something to remember. In a recent conversation, he was grumbling about all of the new development in his neck of the woods and how most of the land that he had hunted and fished the majority of his adult life had been developed into homes or private hunting and fishing clubs. It is a reality in our modern world, but heartbreaking nonetheless.
This brings up the sticky issue of the privatization and monetizing of our natural resources. Now, I have been around a long time, but not long enough to have come over to this country on a ship from England with the Colonists. I was actually born here. There are some of my buddies who think I am older than dirt, but I just so happen to out-fish all of them. Anyway, private land ownership is an important part of this country, but so is the protection of our natural resources for the public good. I am neither a lawyer nor a politician, and I am also not independently wealthy. Consequently, I am no expert on the “rules” and I can’t buy my way into private land access. What I can do is “rant and rave” a bit and share my two cents with anyone who will listen.
The beginnings of wildlife law can be traced back to principles that were in early Roman law. The general idea was the wild animals do not have owners and they belonged to the person that could capture or kill them. Consequently, taking wildlife was considered a personal right. However, personal rights depend upon those in charge (or put another way, the government) and have been either enjoyed, or endured. Beginning just after 400 A.D. and up unto the Norman times, England was a succession of kings. Typically, they had an interest in the land and all of its wildlife with an extremely selfish motive. In their view, the wildlife belonged to the king and he maintained all sovereignty over the land and the wild animals and would grant permission to hunt. In Europe, wildlife continued to be seen as the property of the elite. In 1389, there was a decree issued that stated the pursuit of game was limited to those that owned the land. Non-landowners could not even possess dogs or equipment used in taking game. A feud between those of privilege and the common people was in full force. This was one of the very reasons that led to our founding fathers leaving England.
When our ancestors came to North America, they found a place that was full of fish and game, and other bountiful natural resources, that had provided for the Native Americans for thousands of years. The early Colonists hunted and fish freely and felt it their natural right to do so. One of the founding philosophies was the equality and freedom of men. Liberty from the control of kings was about individual freedom and self-government. Water, fish and wildlife are not mentioned in our founding documents but it was an important building block for our new country. Here is what somebody a whole lot more famous than me; and most likely a whole lot smarter than me had to say about it:
"Above all, we should realize that the effort toward this end is essentially a democratic movement. It is…in our power…to preserve game…for…all lovers of nature, and to give reasonable opportunities for the exercise of the skill of the hunter, whether he is or is not a man of means."
– Theodore Roosevelt, 1893
What is my point? Ladies and gentlemen, we must fight aggressively for the public trust and the common man. Capitalism is wonderful and should be encouraged in this free land of ours. But we must also work hard to drive a consciousness of “shared grace” that extends to “everyman”. If we don’t stay diligent about that, it may not be there for us to enjoy with the exception of a few. And me, I never want to be one of “them” – the elite (I haven’t been invited in anyway). This country is too great to allow it to return full circle to the place we left for a bigger dream. There is too much blood buried in our ground to let that happen. It may not matter to you, but I can guarantee it will matter to future generations. You think about that…TL
