“Very little unites Mainers as much as the rich tradition of hunting and fishing,” said Maine Rep. Elizabeth Caruso of Caratunk. (Photo credit: USFWS/Ryan Hagarty)
When Rep. Elizabeth Caruso saw a map of states with a constitutionally protected right to hunt and fish, she was shocked that Maine wasn’t on it.
That inspired the Republican from Caratunk to introduce LD 820 to establish that right in the Maine Constitution.
Even though the state boasts a constitutionally enshrined right to food, which includes some hunting, Caruso said there can never be enough protection for heritage traditions that contribute to the livelihood and economy of many communities throughout the state.
“Very little unites Mainers as much as the rich tradition of hunting and fishing,” she said. “If you want to protect your childhood memories, family heritage and the Maine hunting and fishing legacy that we leave to our children, I ask you to vote ‘ought to pass,’” she encouraged members of the Legislature’s Inland Fisheries and Wildlife Committee during a public hearing Wednesday.
This amendment, however, would maintain the state’s Sunday hunting ban.
Committee members raised questions about the specific language in the bill, especially around the terms “traditional” and “reasonable.” Caruso said she was trying to use broad and inclusive terms, but is open to workshopping it. There were also questions about whether this sort of amendment is needed, given the right to food.
The Maine Department of Inland Fisheries and Wildlife opposed the bill over similar language concerns. Deputy Commissioner Tim Peabody said the department expressed those concerns with Caruso and would like to see this done right, but believes the proposal isn’t there yet.
The department took a more neutral stance on previous attempts to pass this sort of amendment, Peabody said. However, he noted that there has been progress on this topic in recent years, in particular the 2024 Maine Supreme Judicial Court ruling that found the state’s right to food includes limited rights to hunting. The department views that ruling as a win, Peabody said.
“Having the constitutional amendment in there is one thing, but having the Maine supreme court rule on the right to hunt is very strong for our department,” he said. “We see that as much stronger than having an untested constitutional amendment in there.”
Peabody was referring to the 2022 lawsuit filed by Virginia and Joel Parker, that argued the state’s Sunday hunting ban was unconstitutional after the passage of the right to food amendment. The ruling from the state’s highest court found that the Sunday ban does not violate the right to food because it falls under the poaching exception in the amendment.
The Sportsman’s Alliance of Maine also highlighted that ruling as its reason to support Caruso’s proposal, arguing that it would clarify language and prevent future challenges, according to written testimony from Executive Director David Trahan.
The right to hunt amendment is a legislative priority for the National Rifle Association, said state director Justin Davis.
Both the Maine Forest Products Council and Maine Woodland Owners testified neither for nor against the bill because while they support hunting and fishing, they also raised concerns about the bill language and fear it could create confusion with the already established right to food.
Humane World for Animals, an animal rights organization, opposed the bill.
Constitutional amendments in Maine have high bars for passage. This bill will have to secure the support of two-thirds of the Legislature and would then be sent to the voters, who would ultimately decide.
The Legislature is considering a variety of other potential amendments including an Equal Rights Amendment and one to provide for parental rights.
Unless noted in the legislation, constitutional amendments passed this session would go on the November 2025 ballot.
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