Constitutional amendment to preserve fishing, hunting could go before voters

Nebraska voters would have an opportunity to vote on a constitutional amendment to protect fishing and hunting rights under a legislative resolution advanced from general file April 18.

LR40CA, introduced by Omaha Sen. Pete Pirsch, originally would have submitted to Nebraska voters during the 2012 general election an amendment to declare fishing, trapping and hunting as rights that shall forever be preserved for the people subject to reasonable restrictions as prescribed by law.

The proposed amendment was modified by an amendment offered by Pirsch, adopted 29-8, that would hold that the right to hunt and fish be subject only to laws, rules and regulations that preserve the future of hunting and fishing and promote wildlife conservation and management. The constitutional amendment also would declare public hunting and fishing as a preferred means of managing and controlling wildlife and could not be construed to modify laws addressing trespassing or property rights.

Pirsch said the purpose of his proposed amendment is to preserve and protect the right to hunt and fish in the state constitution.

Kearney Sen. Galen Hadley spoke in support of LR40CA, saying similar amendments offered in other states were approved with overwhelming majorities. Such support is due to the perceived threat to hunting and fishing from groups like the Humane Society of the United States (HSUS), he said.

Omaha Sen. Steve Lathrop said LR40CA would be appropriate as a statute, but not as a constitutional amendment, which would affect the state’s governing principles. Further, the absence of a safety provision in the amendment would nullify state laws regarding hunter’s safety requirements, he said.

“The constitution is not a place to make a point. It is the place where we put our controlling principles,” Lathrop said. “We make a mockery of our constitution when we put stuff like this in it.”

Pirsch disagreed with Lathrop, saying the state constitution plays a different role than the broader federal constitution. In addition, public safety powers are inherent, regardless of whether they are explicitly stated, he said, so hunter’s safety statutes still would be valid.

Omaha Sen. Brenda Council also opposed LR40CA, saying Article I, Section I, of the state constitution already protects the right to bear arms for hunting.

“We don’t amend our constitution on the basis of a perception,” Council said. “We amend it because there are real issues facing the citizens of Nebraska.”

If the proposal’s purpose is to protect against HSUS’s agenda of preventing the consumption of animals, she said, protections for farming and ranching should be considered before hunting and fishing. She offered an amendment that failed on a 5-27 vote to add to the constitution the right to eat cows, pigs, chickens and sheep.

Lincoln Sen. Amanda McGill introduced an amendment she later withdrew to include in the constitution protections for swimming, farming, ranching, driving, boating, tubing, golfing, napping, parenting, learning, camping, pioneering, innovating and watching Husker football. McGill said she offered the amendment to demonstrate that there is no threat to activities like hunting and fishing.

LR40CA advanced on a 32-6 vote.