Lawmakers push for constitutional right to hunt and fish, but first vote falls shy in Maine House
May 29—AUGUSTA — A proposal to guarantee the right to hunt and fish in Maine's Constitution won broad bipartisan support in the Maine House of Representatives Thursday, but the initial vote fell short of the two-thirds threshold needed to send the proposed amendment to voters.
Lawmakers voted 93-51 in favor of the bill sponsored by Rep. Liz Caruso, R-Caratunk, with several Democrats joining Republicans in support.
But the effort will need even more support to advance to a statewide referendum. Constitutional amendments require two-thirds support from lawmakers before they can be presented to voters for approval.
The proposal will still get another House vote and a second chance to meet the threshold. It now heads to the state Senate for an initial vote in that chamber.
It comes after Maine became the first state in the nation to pass a "right to food" constitutional amendment in 2021, a rare success that led to a surge of proposed amendments that fell short in recent years. Those included a right to a healthy environment and a right to privacy.
While many have been widely supported, opponents have raised concerns about unintended legal consequences from such broad amendments.
Nearly two dozen other states have adopted constitutional amendments regarding the right to hunt and fish, according to the International Order of T. Roosevelt, which is advocating for the protection of hunting and fishing rights through constitutional amendments in all 50 states.
Advocates for the amendment cited the adoption of similar provisions in other states during a floor debate in the House Thursday. Supporters said the measure would honor the importance of hunting and fishing in Maine's economy and culture.
"You may think we already have the right to hunt and fish, but it's only in statute," Caruso said. "And we know that laws can be changed with future legislatures."
"I believe LD 820 is good for Maine's people, Maine's wildlife and Maine's future," she added.
In addition to guaranteeing the right to hunt, fish and harvest game in the Maine Constitution, the amendment's language also states that hunting and fishing are the preferred means of managing and controlling wildlife.
Only one lawmaker, Rep. Tiffany Roberts, D-South Berwick, the House chair of the Inland Fisheries and Wildlife Committee, spoke against the proposal. Roberts was also among a minority of lawmakers who voted against the bill in committee.
"This is a constitutional amendment — a serious permanent change to our state's foundational legal document," she said. "It demands clarity, necessity and restraint and this proposal meets none of these standards."
The proposal states that hunting and fishing are "subject to laws enacted by the Legislature and rules adopted by state agencies," but Roberts said the amendment would do nothing to safeguard against ballot initiatives and referendums targeting hunting and fishing.
She pointed out that after the right to food was passed in 2021, the state was sued by a couple who argued that Maine's Sunday hunting ban violated the state Constitution. The ban ultimately was upheld by the Maine Supreme Judicial Court.
"If we bring this amendment forward, we risk reviving that fight too," Roberts said.
"This amendment doesn't strengthen hunting protections," she said. "It puts them under a spotlight and gives national groups a new target."
Caruso argued that the proposal won't change current state rules and regulations around hunting and fishing or protections for wildlife conservation and management, but will ensure that Maine traditions are honored into the future.
"This bill does not change Sunday hunting," she said. "It doesn't change rules, regulations or create a new governance structure, and it does not change or weaken private property rights. With regards to food, this bill will work in conjunction with the right to food."
Rep. Sophie Warren, D-Scarborough, said that while she has never hunted and only gone fishing a few times, she sees the amendment as a good way to recognize constituents who value those activities.
"I do support Maine's strong traditions of harvesting wild game, both for sustenance as well as game management and control," Warren said. "This amendment ensures that all of our current hunting laws, which I support, will be protected into the future."
Rep. Jim Thorne, R-Carmel, said the proposal should be put to voters to weigh in on, which will happen only if both the House and Senate give two-thirds support.
"All we're saying is, is this worthy to present to the people of Maine to have them decide if this is worthy of an amendment to change the Constitution," Thorne said.
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