JEFFERSON CITY, Mo. -- Though an avid sportsman himself, Danny Foutz acknowledges that not everyone takes a favorable view of those who hunt and fish.

That is why Foutz, who owns Foutz's Hunting and Fishing Shop in Cape Girardeau, likes a proposal before the General Assembly that would protect the right of present and future generations of Missourians to harvest game.

"I hope my kid enjoys and likes hunting and fishing as much as I do and has the same rights to do it that I did," Foutz said.

Under present law, game-related activities are a privilege. With simple statutory changes, the legislature can take away a privilege.

The measure lawmakers are currently considering would guarantee that hunting and fishing are protected by the Bill of Rights of the Missouri Constitution.

By a near-unanimous vote of 130-2, the House of Representatives passed the one-line constitutional change, which simply says: "That the right of every citizen, to hunt, fish and harvest game shall be preserved."

Bound for ballot?

If the Senate also signs off on the proposal, the question would go on the Nov. 5 statewide ballot.

State Rep. Jim Whorton, D-Trenton, is sponsoring the proposed constitutional change, which he said is intended to head off any future push to outlaw the harvesting of game.

Without a constitutional guarantee, Whorton is fearful that a future governor could "eliminate fishing and hunting by the stroke of pen."

But the idea of making hunting and fishing a constitutional right raises the question of how strictly the Department of Conservation could regulate those activities.

Privilege or right

For example, driving a car is a privilege and the state can establish restrictions and charge a fee for a license. Voting is a right and the state is limited in who it can bar from participating in elections and can't charge citizens a fee for registering to vote.

Whorton said the measure isn't intended to prevent state conservation officials from limiting hunting and fishing seasons to certain times of the year, setting caps on how many animals can be harvested or from requiring sportsmen to obtain and pay a fee for licenses. During the permit year ending March 1, the department collected more than $28.8 million from the sale of hunting, fishing and trapping licenses.

"We are by no means trying to indicate to people that they can go hunt and fish for free," Whorton said.

Top officials at the conservation department were out of the office Monday and unavailable for comment. A department spokesman said he was unaware of the proposed amendment and couldn't comment. However, a department official did testify in favor of the measure before a House committee. There was no opposition.

The measure is HJR 51.

mpowers@semissourian.com

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