Blog by: Lauren K. Repa

The legend of Bigfoot extends beyond the infamous Patterson-Gimlin film, which features a large, hairy, humanoid creature swinging its arms back and forth as it walks through the woods.[i] North American settlers started reporting sightings of a bigfoot-like creature beginning in the late 1800s, and people continue to report sightings of Bigfoot to this day.[ii] As people continue to claim sightings of the mystical creature, it prompts the question: if Bigfoot were to be found, could the creature be legally hunted? This blog will examine various laws, including the Endangered Species Act and state statutes, to determine whether hunting Bigfoot would be considered illegal in the Commonwealth of Kentucky.

Several states have enacted laws that would make it a crime to hunt Bigfoot.[iii] In 1969, Skamania County of Washington state, passed Ordinance number 69-01 declaring “that any premeditated, willful and wanton slaying of any such creature [bigfoot] shall be deemed a felony.[iv]” This law carries a punishment of up to $10,000 and/or a five-year prison sentence.[v] Ordinance 69-01 was created as an April Fool’s Day joke, but it remains active to this day.[vi] Even though no one has been arrested for killing or attempting to kill Bigfoot, the county has essentially made Bigfoot its first protected animal.[vii] Nearly 25 years later, Whatcom County, a county bordering British Columbia in Washington state, passed Resolution No. 92-043 declaring the county a “Sasquatch Protection and Refuge Area.” It states:

WHEREAS, legend, purported recent finding and spoor suggest that Bigfoot may exist; and WHEREAS, if such a creature exists, it is inadequately protected and in danger of death or injury; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that, Whatcom County is hereby declared a Sasquatch protection and refuge area, and all citizens are asked to recognize said status.[viii]

Even though these laws were created to protect Bigfoot they do not confirm its existence, prompting the question, why bother creating laws for a seemingly mystical creature? Some theories claim that the increased interest in Bigfoot has encouraged state governments to want to protect their citizens while searching for the creature.[ix] For example, Eastern Kentucky is known for hunting deer, turkey, and elk, but in 2012, a group of hunters went to Daniel Boone National Forest near Cave Run Lake in search of Bigfoot.[x] One participant, Chad Morin, claimed he paid $150 for a permit from the U.S. Forest Service and that the document read “permit to hunt Bigfoot.[xi]” The attendants of the event were not armed with anything that would bring harm to the creature.[xii] If they did find and hunt bigfoot, there is a strong possibility that doing so would go against existing Kentucky hunting laws.

Most recently revised in 2023, the Kentucky Wildlife Action Plan (KWAP) summarizes the status of our state’s most vulnerable wildlife species and the condition of the habitat on which they depend.[xiii] It is a blueprint to drive conservation priorities and decision-making, developed by state conservative partners and approved by the U.S. Fish and Wildlife Service.[xiv]” The goal of KWAP is “to maintain the health and diversity of Kentucky’s fish and wildlife resources.”[xv] While Bigfoot is not currently recognized by the U.S. Fish and Wildlife Service, there are laws currently in place that could be interpreted as making the hunting of Bigfoot (at least through the use of deadly force) illegal.[xvi] For example, it is illegal to hunt all endangered species under state and federal law.[xvii] Though Bigfoot is not a recognized species in the eyes of the federal government, the Endangered Species Act (ESA) could be used to interpret Bigfoot as an endangered species, thus making it illegal to hunt in the Commonwealth.[xviii] A species must meet one of five criteria to be considered endangered:

1. There is the present or threatened destruction, modification, or curtailment of its habitat or range.

2. An overutilization for commercial, recreational, scientific, or educational purposes.

3. The species is declining due to disease or predation.

4. There is an inadequacy of existing regulatory mechanisms.

5. There are other natural or manmade factors affecting its continued existence.[xix]

However, even if Bigfoot were to meet one of these five criteria, it would still need to be considered an endangered species. To do so, it must first be considered a “species.”[xx] Sasquatch is not an established scientific species.[xxi] In Kentucky, it is illegal to hunt any animal that is not explicitly listed as a game species.[xxii] Hunting operations are on a protected-unless-specified basis, meaning any species that are not designated for hunting by the Kentucky Department of Fish and Wildlife Resources are off limits.[xxiii] Even though Bigfoot is not an established scientific species it could still be considered “wildlife” by the definition listed in the Code of Federal Regulations.[xxiv] The Code states that “wildlife means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, etc.”[xxv] Furthermore, since Bigfoot is not listed as a wild animal designated for hunting, it can be interpreted as meaning that hunting the creature would be illegal and subject to penalties.[xxvi] In other words, hunting for Bigfoot would be illegal in Kentucky since Kentucky only allows animals that are listed in their statute to be hunted.[xxvii] Therefore, even though Bigfoot would not be able to identify as an “endangered animal” the creature would not be a huntable animal under Kentucky law since Kentucky operates as a “protected. Whether or not Bigfoot is real, when hunting it is important to know the local, state, and federal laws. If you see something you cannot explain, it is best to keep calm and carry on.

[i] Patterson-Gimlin Film, Roger Patterson and Bob Gimlin (1967).

[ii] Id.

[iii] Joan Ilacqua, Sasquatch and the Law: The Implications of Bigfoot Preservation Laws in Washington State, Scholar Works, https://scholarworks.umb.edu/cgi/viewcontent.cgi?article=1079&context=ghc [https://perma.cc/3LYC-DL5S]; Skamania County, Washington, Ordinance No. 69-01 (1969).

[iv] Id.

[v] Id.

[vi] Id.

[vii] Id.

[viii] Id; Whatcom County, Washington, Res. No. 92-043 (1993).

[ix] See, Ilacqua, supra note 5.

[x] Greg Kocher, Bigfoot Hunters Gather in Morehead, Ky., Lexington Herald Leader (2012), https://www.kentucky.com/news/state/kentucky/article44375958.html [https://perma.cc/G8BE-A9K3].

[xi] Id.

[xii] Id.

[xiii]2023 SWAP Public Comment, KY State Wildlife Action Plan (Sept. 1, 2023), https://app.fw.ky.gov/kyswap/ [https://perma.cc/4GPG-Z27G].

[xiv] Id.

[xv] Id.