In reply to:

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Because of the ruling of the 9th Circuit Court in the USO vs. State of Arizona decision, Senators Reid (Nevada), Nelson (Nebraska), Baucus (Montana), Burns (Montana), Ensign (Nevada), and Stevens (Alaska) are sponsoring a bill to restore State's the rights to manage fish and game populations and issue permits as the Fish and Game departments see fit.

108th CONGRESS

2d Session

S. 2978
Relating to State regulation of access to hunting and fishing.

IN THE SENATE OF THE UNITED STATES

October 11, 2004

Mr. REID (for himself, Mr. NELSON of Nebraska, Mr. BAUCUS, Mr. BURNS, Mr. STEVENS and Mr. ENSIGN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


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A BILL

Relating to State regulation of access to hunting and fishing.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. STATE REGULATION OF ACCESS TO HUNTING AND FISHING.

(a) DECLARATION OF POLICY- Congress hereby declares that--

(1) the continued regulation of access to hunting and fishing by the several States is in the public interest; and

(2) silence on the part of Congress shall not be construed to impose any commerce clause barrier to the regulation of such activities by the several States.

(b) STATE REGULATION OF ACCESS TO HUNTING AND FISHING- The licensing of hunting and fishing, or of other access thereto, and every person engaged in hunting or fishing, shall be subject to the laws of the several States which relate to the regulation of such activities.

(c) CONSTRUCTION- No Act of Congress shall be construed to invalidate, impair, or supersede any law enacted by any State for the purpose of regulating the access to hunting and fishing unless such Act specifically so states.

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