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BANNING KILLING CONTESTS: AN ARDUOUS PATH TO LAWS WITH LOOPHOLES GALORE

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[vc_row][vc_column width=”1/2″][vc_single_image image=”23111″][vc_column_text][/vc_column_text][/vc_column][vc_column width=”1/2″][vc_column_text]A killing contest is one of the more egregious aspects of sport hunting, and we at C.A.S.H. applaud the efforts of many organizations that have been on this journey for years with some success. We especially applaud Project Coyote for being the prime mover of successful laws that protect coyotes and other animals from contests in certain states.

The League of Humane Voters/NY has been presenting a bill that would ban killing contests in their entirety (no ifs, ands, or buts) for many years, yet each year passes without the bill passing into law.

There are presently seven states that have laws to ban killing contests to some degree. The states are: Arizona, California, Colorado, Massachusetts, New Mexico, Vermont, and Washington.
If there are demonstrations, a rallying cry for New York could be, “If California can do it, so can we! Make NY killing contest free!”

Out of interest and to better understand how other states succeeded, we decided to take a look at the existing laws. We’re presenting them here to see if you notice any wiggle room for the folks who would participate in or host a killing contest.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]C.A.S.H. is giving a prize to anyone who detects loopholes so that they can be plugged up in future statutes (laws passed by a legislature) or regulations (laws passed by an agency).

LAWS BANNING KILLING CONTEST IN THE SEVEN STATES

ARIZONA
Arizona Admin. Code Section R12-4-303 in 2019

4. A person shall not by any means:

i. Participate in, organize, promote, sponsor, or solicit participation in a contest where a participant uses or intends to use any device or implement to capture or kill predatory animals or fur-bearing animals as defined under A.R.S. § 17-101. For the purposes of this subsection, “contest” means a competition among participants where participants must register or record entry and pay a fee and prizes or cash are awarded to winning or successful participants.

CALIFORNIA
California Fish and Game Code Section 2003 in 2014

(a) Except as specified in subdivisions (b), (c), and (d), it is unlawful to offer a prize or other inducement as a reward for the taking of a game bird, mammal, fish, reptile, or amphibian in an individual contest, tournament, or derby.

(b) The department may issue a permit to a person authorizing that person to offer a prize or other inducement as a reward for the taking of a game fish, as defined by the commission by regulation, if it finds that there would be no detriment to the resource. The permit is subject to regulations adopted by the commission. The application for the permit shall be accompanied by a fee in the amount determined by the department as necessary to cover the reasonable administrative costs incurred by the department in issuing the permit. However, the department may waive the permit fee if the contest, tournament, or derby is for persons who are under 16 years of age or have a phys- ical or mental disability, and the primary purpose of the contest, tournament, or derby is to introduce those anglers to or educate them about fishing. All permits for which the fee is waived pursuant to this subdivision shall comply with all other requirements set forth in this section.

(c) This section does not apply to a person conducting what is generally known as a frog-jumping contest, or, in waters of the Pacific Ocean, what is generally known as a fish contest.

(d) This section does not apply to a person conducting an individual contest, tournament, or derby for the taking of a game bird or mammal, if the total value of all prizes or other inducements is less than five hundred dollars ($500) for the individual contest, tournament, or derby.

COLORADO
Colo. Rev. Stat. § 33-6-118 in 2020

It is unlawful for any person to advertise, conduct or offer to conduct, or otherwise promote or participate in any contest or competition involving two or more persons and the monetary payment or awarding of any other prize when the object of the contest or competition involves the killing of any big game or the display for comparison of any big game or any part thereof. Certificates issued by organizations solely for registration and recognition of animals legally taken are not prohibited. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five hundred dollars and an assessment of twenty license suspension points.

MASSACHUSETTS
2.16 : Prohibition on Contests for the Capture, Take or Waste of Predator and Furbearer Animals in 2019

It shall be unlawful for any person to organize, sponsor, promote, conduct or participate in a contest in which participants compete for prizes or other inducements that results in the capture, take or waste of those predatory or furbearing animals regulated by the Division pursuant to 321 CMR 3.02(3) or 3.02(5)(b)(2.) and (5.-11.).[/vc_column_text][space][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_column_text]NEW MEXICO
New Mexico Stat. § 30-18-16 in 2019

A. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest.

B. As used in this section, “coyote-killing contest” means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment.

C. Organizing, causing, sponsoring, arranging or hold- ing a coyote-killing contest consists of a person knowingly: (1) planning, organizing or enticing a person to participate in a coyote-killing contest; or(2) providing the venue for a coyote-killing contest.

D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest.

 

[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”23112″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor.

F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor.

G. Nothing in this section shall be construed to prohibit a person from protecting a person or property or the state game commission from carrying out the statutory authority allowed by Chapter 17 NMSA 1978 in a non-coyote-killing contest setting.

VERMONT
Sec. 14. 10 V.S.A. § 4716 COYOTE-HUNTING COMPETITIONS; PROHIBITION in 2018

(a) As used in this section, “coyote-hunting competition” means a contest in which people compete in the capturing or taking of coyotes for a prize. No. 170 Page 15 of 17 2018 VT LEG #333636 v.1

(b) A person shall not hold or conduct a coyote-hunting competition in the State.

(c) A person shall not participate in a coyote-hunting competition in the State.

(d) A person who violates this section shall be fined not more than $1,000.00 nor less than $400.00 for a first offense. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, a person who vio- lates this section shall be fined not more than $4,000.00 nor less than $2,000.00.

It’s interesting to note that this was an actual statute that passed without the governor’s signature on 5/22/2018. David Deen, the sponsor, retired that year.

For comment by the VT governor, which offers insight about why he did not veto the law but let it pass without his signature, please see this website: https://www.vnews.com/Coyote-hunting-contests-banned-in-Vermont-17770235

It’s clear that the bill bundled together the ban with reforms that were advantageous to the game department.

WASHINGTON
Wash. Rev. Code § 77.32.540 in 2020

A person shall not promote, conduct, hold, or sponsor a contest for the hunting or fishing of wildlife or a competitive field trial involving live wildlife for hunting dogs without first obtaining a hunting or fishing contest permit. Contests and field trials shall be held in accordance with established rules.

C.A.S.H.’s PRIZE FOR THE MOST INSPIRING AND COMPLETE LAW OPPOSING KILLING CONTESTS GOES TO THE NEW MEXICO COMMISSIONER OF PUBLIC LANDS.

Stephanie Garcia Richard assumed office on January 1, 2019. Then, faster than the speed of light, on January 10th, she issued her VERY FIRST executive order: Commissioner Garcia Richard banned killing contests on 9,000 acres of land under her jurisdiction!

Whether she would like a shoutout from C.A.S.H. or not, we feel that Commissoner Stephanie Garcia Richard deserves to win a prize for having the strongest law of all. Please let us know if you agree.

Her words are worth printing in their entirety as reported in the official press release…

FOR IMMEDIATE RELEASE January 10, 2019 Contact: Tarin Nix, Deputy Commissioner of Public Affairs 505.490.6874 tnix@slo.state.nm.us Garcia Richard Signs Executive Order

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Banning Killing Contests on State Trust Land SANTA FE, NM – SANTA FE, NM – Commissioner Stephanie Garcia signed her first Executive Order (2019 – 001) today banning killing contests on State Trust Lands. As she signed the order, Garcia Richard was joined by animal and wildlife advocates from Animal Protection Voters, The Sierra Club, Project Coyote, Wild Earth Guardians, Prairie Dog Pals and Wildlife Conservation Advocacy Southwest.

“These are not hunting contests. They are animal cruelty contests. It is an inexcusable practice, and today I used my authority to ban organized killing contests of unprotected species on any of the nine million acres of State Trust Land that I am charged with overseeing.” Garcia Richard stated in her remarks. “The position of the State Land Office under my direction is that all wildlife are sacred and all wildlife play a vital role in our environment. This action does not restrict a rancher’s ability to humanely remove or kill an animal causing harm to agriculture or domestic pets on State Trust Lands. What we are addressing is the blood sport where participants kill dozens of animals without sound justification and play for cash and prizes,” Garcia Richard added.

[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”23110″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Of the Order, Jessica Johnson, Chief Legislative Officer for Animal Protection Voters said, “Commissioner Garcia Richard has a long history of advocacy and leadership on important wildlife protection and land conservation issues. She has risen to the occasion at every opportunity to be a proud voice of the humane treatment of animals and sound land management. She proved that today by banning inhumane killing contests of unprotected species.”

Aside from today’s Executive Order, she has successfully pushed for the Oil Conservation Commission to rehear an application from a Texas oil company that would allow them to double their drilling presence in the San Juan Basin and has sparked an important conversation on the use of traps and snares on state trust and public lands. [Note that later in 2019, the NM Legislature voted to ban coyote killing contests (See NM statute above). ]

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