AZ402
Well-known member
CONGRESSIONAL RECORD—SENATE S1215 February 9, 2005
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 nonresidents 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.
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 nonresidents 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.
