109TH CONGRESS 1 ST SESSION S.
To reaffirm the authority of States to regulate certain hunting and fishing activities.
IN THE SENATE OF THE UNITED STATES
Mr. REID introduced the following bill; which was read twice and referred to the Committee on
A BILL To reaffirm the authority of States to regulate certain hunting and fishing activities.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''Reaffirmation of State
Regulation of Resident and Nonresident Hunting and Fishing Act of 2005''.
SEC. 2. DECLARATION OF POLICY AND CONSTRUCTION OF CONGRESSIONAL SILENCE.
|a) ||IN GENERAL.-It is the policy of Congress that
it is in the public interest for each State to continue to
regulate the taking for any purpose of fish and wildlife
within its boundaries, including by means of laws or
regulations that differentiate between residents and non
residents of such State with respect to the availability of
licenses or permits for taking of particular species of fish
or wildlife, the kind and numbers of fish and wildlife that
may be taken, or the fees charged in connection with
issuance of licenses or permits for hunting or fishing.
|b)||CONSTRUCTION OF CONGRESSIONAL SILENCE.-Silence|
on the part of Congress shall not be construed to
any barrier under clause 3 of Section 8 of Article
I of the Constitution (commonly referred to as the
''commerce clause'') to the regulation of hunting or fishing by
a State or Indian tribe.
SEC. 3. LIMITATIONS.
|Nothing in this Act shall be construed-
||to limit the applicability or effect of any
Federal law related to the protection or management
of fish or wildlife or to the regulation of commerce;
||to limit the authority of the United States
to prohibit hunting or fishing on any portion of the
lands owned by the United States; or
||to abrogate, abridge, affect, modify, super|
sede or alter any treaty-reserved right or other right
of any Indian tribe as recognized by any other
means, including, but not limited to, agreements
with the United States, Executive Orders, statutes,
and judicial decrees, and by Federal law.
SEC. 4. STATE DEFINED.
|For purposes of this Act, the term ''State'' includes|
the several States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands, American Samoa,
and the Commonwealth of the Northern Mariana Islands.