Florida Voters Enshrine Right to Hunt and Fish in State Constitution

AP Photo/Toby Talbot/File

Florida's highly publicized referendums on abortion and marijuana failed to meet the 60% threshold needed to pass on Tuesday, but backers of a measure to enshrine the right to hunt and fish in the state Constitution saw better luck. 

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Amendment 2 received support from 67% of voters in the state, about ten points more than Amendment 4's constitutional right to abortion before fetal viability or when "necessary to protect the patient's health, as determined by the patient's healthcare provider." Amendment 3, which would have legalized recreational marijuana for adults over the age of 21, received 55% of the vote. 

Both of those measures were popular with voters, which may lead lawmakers to adopt similar provisions through the regular legislative process. That step won't be necessary for Amendment 2, however, thanks to the overwhelming support it received from the electorate. 

Luke Hilgemann, executive director of the International Order of T. Roosevelt and T. Roosevelt Action, which supported Amendment 2, said in a statement that “Florida voters sent a message that they won’t stand for attacks against our sporting heritage.”

“States across the nation can now look to Florida's success as a blueprint for advocacy and action, uniting sportsmen and women to push back against restrictive regulations and safeguard our outdoor way of life,” Hilgemann said.

Charles O'Neal, chairman of the opposition group NoTo2.Org, raised concerns that the proposal would override protections for fish stocks, open state waters to foreign commercial fishing and possibly allow hunters to trespass on private property.

Opponents also included the Sierra Club-Florida and Save the Manatee Club.

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Honestly, the arguments against the amendment seem like scare tactics more than anything else. The text of the amendment reads as follows:

"SECTION 28. Fishing, hunting, and the taking of fish and wildlife.—Fishing, hunting, and the taking of fish and wildlife, including by the use of traditional methods, shall be preserved forever as a public right and preferred means of responsibly managing and controlling fish and wildlife. This section does not limit the authority granted to the Fish and Wildlife Conservation Commission under Section 9 of Article IV.

I don't see anything in that language that would allow hunters to trespass on private property or allow overfishing in Florida waters. The Fish and Wildlife Conservation Commission still has the authority to regulate hunting and fishing. The amendment simply protects against hunting bans like New Jersey's previous prohibition on black bear hunts, which led to an increased number of unwanted interactions between humans and bears... including the mauling death of a 22-year-old Rutgers University student ten years ago

New Jersey ended up reinstating a limited season for black bears in 2022 despite the objections of animal rights and environmental groups because, as it turns out, hunting is a good way to responsibly manage wildlife populations. This year's season kicked off in mid-October, and is helping to keep the number of black bears in check

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The DEP has permitted and regulated the hunt each year since it was reinstated in 2022 to control the species' population boom throughout areas of Morris, Passaic, Sussex, Warren, Bergen, Hunterdon, Somerset and Mercer counties. 

Black bears aren't in any danger of becoming extinct or threatened in New Jersey, and the adoption of Amendment 2 in Florida isn't going to put Florida's wildlife populations (or private property rights) at risk either. It's simply taking a common sense and scientifically sound approach to wildlife management, and Florida voters made the right call in amending the state constitution to protect the right to hunt and fish throughout the state. 

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