[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 731 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 731
To reaffirm the authority of States to regulate certain hunting and
fishing activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2005
Mr. Udall of Colorado (for himself and Mr. Otter) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
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 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 impose 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--
(1) 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;
(2) 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
(3) to abrogate, abridge, affect, modify, supersede, 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 Commonwealth of Puerto Rico,
Guam, the Virgin Islands, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
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