Who owns wildlife?  In their book “Wildlife Stewardship and Recreation on Private Lands,” Del Benson, Skip Shelton, and Don Steinbach provide an excellent brief description of wildlife ownership and the law in the United States. 

From the time of the Roman Empire, Western thought has placed wild animals in the same category as the air and the oceans in that they are considered the property of no one.  Animals became the property of anyone who killed or captured them.  The state had the authority to control the taking and use of that which belonged to no one in particular but was common to all…. Private landowners had the right to protect their property from trespassing hunters and to maintain the exclusive right to hunt on their lands….   In recent years the Supreme Court has reaffirmed the common ownership of wildlife and recognized the authority of states to regulate the taking of game animals.  States are responsible primarily for resident wildlife, while the federal government deals with migratory, threatened, or endangered species.

In other words, landowners do not own wildlife on their property.  Wildlife are considered a public trust, but landowners do own the right to hunting access on their property.  Legally, wildlife are not treated as livestock.  Wildlife are owned by everyone, and are considered a public resource.   

What does this mean for owners of wildlife enterprises?  Basically, you are selling an experience, not an animal.  A landowner may implement habitat improvements for wildlife, but rules and regulations governing wildlife harvest are enforced by state and federal governments.  Even those who build high fences to manage and feed native wildlife do not own the wildlife inside the fence.  It is the “hunting experience” or wildlife recreational access opportunity that is being sold to clients.