Florida may enshrine hunting and fishing by ‘traditional methods’ – but what are they? | Florida

On election day, Florida voters will decide whether to enshrine a constitutional right to hunt and fish in their state.

Amendment 2, proposed by Republican state lawmaker Lauren Melo, seeks to “preserve traditional methods, as a public right and preferred means of responsibly managing and controlling fish and wildlife”.

Much is at stake. If the amendment succeeds, hunting and fishing would be considered the primary – and legally protected – conservation methods in Florida. Both activities are a huge part of the state’s multibillion-dollar recreational tourism economy. As of 30 October, backers of amendment 2 had raised nearly $1.3m for the measure, far out-fundraising the amendment’s opponents.

Lawyers, scientists and conservationists worry amendment 2’s vague language, particularly the passage about “traditional methods”, could supersede science-based wildlife management in unprecedented ways.

“That language is open to applying chicanery,” said David Guest, a retired Earthjustice lawyer based in Florida. “Does that mean that you can use explosives [in the destructive practice called “blast fishing”]? I mean, what in the world is this?”

Pushed by conservative-leaning organizations such as the National Rifle Association and the Congressional Sportsmen’s Foundation (CSF), these “sportsmen’s bills of rights” view hunting as a cultural tradition and are meant to counter proposals to limit hunting and fishing.

“It’s a pre-emptive safeguard against the anti-sportsman agenda,” said Mark Lance, CSF’s south-eastern states senior director. The CSF and the the NRA apply that term to what they consider extremist animal-rights campaigns to end all hunting, epitomized by former Humane Society CEO Wayne Pacelle’s leadership.

The CSF drafted language for many of the measures nationwide, including Florida’s, along with the International Order of T Roosevelt, a hunting advocacy group named after the former president and hunting enthusiast Theodore Roosevelt. The CSF is also fighting a Colorado proposal that would eliminate hunting for mountain lions.

These campaigns to change constitutions have been effective at ballot boxes around the nation. Florida could become the 24th state and the last in the south-east to add hunting and fishing rights to its constitution. While Vermont was long the only state to constitutionally protect hunting and fishing rights – it did so for more than 200 years – these measures proliferated after Alabama residents approved one in 1996. To date, only one has failed, in Arizona. But in Guest’s analysis, “this is the one that’s the sloppiest” of other recent measures in states like North Carolina and Utah.

Guest and Sierra Club Florida chapter director Susannah Randolph both told the Guardian that the amendment’s nebulous language, particularly the “traditional methods” part, could harm wildlife populations and conservation efforts. There is no legal definition of traditional methods in court, Guest said. Nor is it defined in the amendment.

Advocates say this vagueness might enable worst-case-scenario possibilities, including use of steel-jaw leghold traps, which are considered cruel and outlawed in more than 100 countries; using hounds to hunt bears and other game, which is banned or restricted in several states; and more relaxed killing limits. A Florida Bar analysis also suggests that organized hunts are likely to become more common if the amendment passes. Others worry amendment 2 would backpedal on Florida’s 1995 gillnet ban, a constitutional amendment that outlawed commercial fishing nets that entangle marine mammals such as dolphins. Despite this concern, amendment 2 cannot repeal or impede the gillnet ban, Guest said, because both amendments can be applied in tandem.

But it’s unclear how courts could interpret such language. Guest pointed out that, in Wisconsin, the constitutional right to hunt and fish was upheld to support wolf hunting after the species was delisted from the Endangered Species Act. Florida wildlife advocates fear the same reasoning would apply to the black bear. On the other hand, Ryan Byrne, a managing editor at the nonpartisan website Ballotpedia, noted that courts have decided states can still regulate hunting and fishing in previous lawsuits.

Still, some Florida conservationists and activists think that amendment 2 could empower individuals to do what they please and ignore existing regulations. While the amendment does reiterate the authority of the state wildlife-management agency, the Florida fish and wildlife conservation commission (FWC), the constitutional preference for hunting and fishing would mean there was no guarantee FWC’s authority would win out, said Devki Pancholi, a third-year University of Florida law student and vice-president of the local Animal Legal Defense Fund chapter. Courts will typically refer to the most recent amendment when resolving constitutional disputes.

The amendment’s vagueness is strategic. A CSF document distributed at a National Rifle Association convention and obtained by the NoTo 2.org campaign suggested that “by using a vague term like ‘traditional methods,’ it will be up to state agencies to determine what they include in their season as ‘traditional methods’”, such as trapping. The NRA’s lobbying arm has also published recommended language for state constitutional amendments to protect the right to hunt and fish.

Florida law already codifies hunting and fishing as statutory rights, which proponents of the constitutional measure argue can be easily reversed. Yet there have not been any significant attempts to outlaw hunting and fishing in the state.

“In order to change the statutory right to fish and hunt in Florida, you would need 61 House reps and 21 state senators to vote … to make hunting and fishing illegal,” said Chuck O’Neal, chair of the NoTo2.org political action committee. “It’s never going to happen, not in this state.” Melo and the state senator Jason Brodeur, the Republican lawmakers who introduced the bill in 2023, did not respond to the Guardian’s request for comment.

Still, Lance, the CSF south-east regional senior director, argues that even without direct criminalization attempts in Florida, threats exist on a national scale. “We want to be ahead of attacks to hunting and fishing in Florida before it’s too late,” he said.

The bill’s supporters point to a failed 2021 Oregon ballot proposal that sought to redefine hunting and fishing as animal abuse as a leading example of nationwide threats.

“That’s a backhanded way to try to regulate hunting and fishing,” said Lane Stephens, a lobbyist who represents the Southeastern Dog Hunters Association, among others.

Stephens added that the attempt was aligned with the mission of the Humane Society, which contributed nearly $10,000 to the NoTo2.org campaign.

“We don’t want [animal-rights activists] trying to run something in our constitution or in state law that would limit our abilities to hunt and fish,” Stephens said, adding that many of Florida’s incoming urban residents don’t understand or agree with the hunting and fishing heritage Floridians enjoy.

He continued: “It’s up to FWC to decide when we have a season and what that season looks like.”

But Pancholi, the law student, and others question some of the procedures behind the measure getting on the ballot and FWC’s involvement with it. The bill was fast-tracked through the state legislature, O’Neal pointed out, with fewer hearings in the statehouse and senate than usual. And the FWC, which is responsible for regulating fish and wildlife, may be the measure’s most significant supporter.

In September, the FWC sent out a memo on official letterhead, written by chair Rodney Barreto. It directed those with questions about the amendment to a Yes on 2 campaign communications director. Barreto is also vice-chair of the Yes on 2 campaign and sits on the board of the Fish & Wildlife Foundation of Florida, which contributed $250,000 to the Vote Yes on Amendment 2 political action committee. FWC commissioners Steven Hudson and Preston Farrior contributed $10,000 and $15,000, respectively, to the Yes on 2 campaign as well. Commissioners are gubernatorial appointees.

According to Florida law, government agencies are required to provide public notice in a public meeting before formally endorsing a ballot measure, but FWC did not hold public discussions about its position before announcing its support.

“From what I could tell, I wasn’t able to find any meeting notes,” Pancholi, the law student, said. Neither could the Guardian. If true, “that would be a violation of the law”, she added. FWC did not respond to the Guardian’s request for comment by press time.

Conservation and science at odds

Yes on 2 supporters are united by a strong belief that hunters and anglers are the original conservationists.

“Hunting is a means of conservation by which animal populations remain under control,” said Stephens. “We need to make decisions based on the science and the data, and not on emotions.”

Yet scientists have argued that the amendment could do exactly the opposite, placing hunting and fishing higher than other management methods such as habitat restoration, raising vulnerable species in captivity for release, or “bag limits” that restrict the kind and number of animals people can kill or keep. Such an approach appears at odds with the basics of wildlife management, said Edward Camp, a professor of fisheries and aquaculture governance at the University of Florida.

“Does it influence how the best management advice is selected?” Camp said. “That’s, I think, at the heart of the issue.”

Amendment 2 may prioritize hunts as the solution to human-wildlife conflicts instead, pushing other scientific methods to the backseat. After a 2015 bear hunt killed nearly 300 bears over the span of just two days, for example, several Florida counties allocated money for bear-proof trash bins that helped reduce human-bear encounters.

Guest, the environmental lawyer, predicts that “the focus will be more on consumption of wildlife and less on conservation”.

Ballotpedia’s Byrne noted the widespread notion that ballot measures, regardless of topic, are sometimes “really just to stoke a cultural issue and try to affect turnout”.

With a much-publicized abortion measure also on the ballot in Florida and increasingly politicized judiciaries, Guest said the sportsmen’s bills of right are part of a national movement to advance the political agenda of the far right.

“The constitution is the social contract,” he said. “We should be more cautious in the way we write it.”