Legal Definitions - wild creature

A wild creature refers to any animal that is not domesticated and lives in its natural state, independent of human control or ownership. Unlike pets or livestock, which are typically owned by individuals, wild creatures are generally considered ferae naturae (of a wild nature). This means they do not belong to a specific person unless lawfully captured, killed, or otherwise brought under legal possession. The legal status of a wild creature often impacts issues related to property rights, hunting regulations, and liability for any harm they might cause.

Here are some examples illustrating the concept of a wild creature:

• Example 1: Property Rights and Hunting

  Imagine a large elk herd migrating through a national forest. These elk are not owned by any individual, the government, or a private entity. They are free-roaming and live independently. If a licensed hunter lawfully harvests an elk during hunting season, only then does the hunter acquire legal ownership of that specific animal. Prior to its capture, the elk is a wild creature, not subject to private ownership.

  This example illustrates that wild creatures exist outside of private ownership. Ownership is only established through specific legal actions, such as lawful hunting, which transforms the animal's legal status from a wild creature to personal property.

• Example 2: Liability for Damage

  Consider a situation where a family of raccoons, living in a nearby wooded area, repeatedly enters a homeowner's attic and causes damage to insulation and wiring. The homeowner cannot sue a specific person for the damage caused by the raccoons because no one legally owns or controls these animals. The homeowner is responsible for taking measures to exclude the raccoons from their property.

  This example demonstrates that because raccoons are wild creatures, they are not under human control or ownership. Consequently, no individual can be held liable for their actions, unlike a domesticated pet whose owner might be responsible for damages it causes.

• Example 3: Conservation and Regulation

  A pod of whales swimming in international waters is protected by various international treaties and national laws. No single nation or individual owns these whales. Their movements, breeding, and overall well-being are subject to conservation efforts and regulations designed to protect marine wildlife globally.

  This example highlights that wild creatures, particularly those with significant ecological importance or those that cross jurisdictional boundaries, are often the subject of broad conservation laws rather than individual property rights. Their status as unowned, free-roaming animals necessitates collective management and protection.