Hughes v. Oklahoma

441 U.S. 322 (1979)

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Nature of the Case

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Facts

Appellant Hughes (D) holds a Texas license to operate a commercial minnow business in Texas. An Oklahoma game ranger arrested him on a charge of violating § 4-115(B) by transporting from Oklahoma, a load of natural minnows purchased from a minnow dealer licensed to do business in Oklahoma. D’s defense that § 4-115(B) was unconstitutional because it was repugnant to the Commerce Clause was rejected, and he was convicted and fined. The Oklahoma Court of Criminal Appeals affirmed, stating: Wild animals and fish within a state's border are, so far as capable of ownership, owned by the state in its sovereign capacity for the common benefit of all its people. Because of such ownership, and in the exercise of its police power, the state may regulate and control the taking, subsequent use and property rights that may be acquired therein. It stated that no interstate commerce was involved, because the State had the power, as representative for its citizens, who 'owned' in common all wild animals within the State. Protection of the wildlife of a state is peculiarly within the police power of the state, and the state has great latitude in determining what means are appropriate for its protection. Oklahoma law does not prohibit commercial minnow hatcheries within her borders from selling stock minnows to anyone, resident or nonresident, and minnows purchased therefrom may be freely exported. However, the law served to protect against the depletion of minnows in Oklahoma's natural streams through commercial exportation. No person is allowed to export natural minnows for sale outside of Oklahoma. This appeal resulted.