Policy Options

Define Wildlife Broadly: States can expand the definition of wildlife to include all members of the animal kingdom (Maine), insects such as pollinators (Minnesota), and plants (California). 

• Colorado HB 1117 (Enacted, 2024): Adds rare plants and invertebrates to the species that may be studied and conserved by the Department of Natural Resources. 

• Maryland HB 0345 (Enacted, 2024): Modifies the definition of wildlife to include every living non-human creature endowed with sensation and power of voluntary motion.

Manage for Diverse Recreational Activities: States can broadly define the recreational activities their wildlife agency helps manage, such as by authorizing the agency to make decisions on behalf of “all user groups” (Oregon) or requiring the agency to preserve wildlife for all “aesthetic, scientific, educational, recreational, and economic benefits.” (Nevada) 

• Minnesota S.F. 2570 (Introduced, 2023): Amends the walk-in access program, originally established to provide public access to private land for hunting, to also support access “for bird-watching, nature photography, and similar compatible uses.”

Adhere to the Public Trust Doctrine (PTD): With roots in Roman and English common law, the PTD declares that the government has a duty to protect wildlife for the benefit of all. States can amend their wildlife code to adhere to PTD, such as by stating that wildlife is “held in trust” and “shall not be reduced to private ownership.” (Vermont) 

• New Mexico H.B. 486 (Introduced, 2023): Declares that the state’s policy is to provide for the conservation and management of wildlife as a public trust resource with intrinsic and ecological value, as well as for the benefit, use, food supply and nonconsumptive enjoyment of all.