Anyone have any idea if this will stand if challenged in court?

If so, give 'm hell! Dutch.

Speaker: Senator Harry M. Reid (NV)
Title: Statements on Introduced Bills and Joint Resolutions - S. 2978
Location: Washington, DC
Date: 10/11/2004

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. REID (for himself, Mr. NELSON of Nebraska, Mr. BAUCUS, Mr. BURNS, Mr. STEVENS, and Mr. ENSIGN):

S. 2978. A bill relating to State regulation of access to hunting and fishing; to the Committee on the Judiciary.

Mr. REID. Mr. President, the legislation I am introducing today explicitly reaffirms each State's right to regulate hunting and fishing.

I am pleased that Senators BEN NELSON, CONRAD BURNS, and TED STEVENS are joining me in sponsoring this important bill.

This is a Nevada issue, but it is also a national issue, as a recent Federal circuit court ruling undermines traditional hunting and fishing laws.

In Conservation Force v. Dennis Manning, the Ninth Circuit Court of Appeals ruled that State laws that distinguish between State residents and non-residents for the purpose of affording hunting and related privileges are constitutionally suspect.

This threatens the conservation of wildlife resources and recreational opportunities.

Although the Ninth Circuit found the purposes of such regulation to be sound, the Court questioned the validity of tag limits for non-resident hunters.

I respect the authority of States to enact laws to protect their legitimate interests in conserving fish and game, as well as providing opportunities for State residents to hunt and fish.

That's what this legislation says-we respect that State right.

Sportsmen are ardent conservationists. They support wildlife conservation not only through the payment of State and local taxes and other fees, but also through local non-profit conservation efforts and by volunteering their time.

For example, in Nevada there are great groups such as Nevada Bighorns Unlimited and the Fraternity of Desert Bighorn.
These are dedicated sportsmen who spend countless hours, as well as money, building �guzzlers� in the desert, which help provide a reliable source of water for Desert Bighorn Sheep.

Without these efforts it would be extremely hard for the Bighorn Sheep to survive, because many areas of their natural habitat where they used to drink water have been developed.

Today, Southern Nevada is in the 5th year of a 500 year drought, and the work of the groups I mentioned is saving the lives of hundreds of bighorns.

The involvement of local sportsmen in protecting and conserving wildlife is one of the facts that justifies traditional resident/non-resident distinctions, and provides the motivation for our legislation.

The regulation of wildlife is traditionally within a State's purview, and this legislation simply affirms the traditional role of States in the regulation of fish and game.

This bill is time sensitive.

This bill needs to pass before next year's hunting season begins.

I look forward to working with my colleagues to expedite passage of this important legislation.

I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the bill was ordered to be printed in the RECORD, as follows:

S. 2978

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.

� 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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