[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3987 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3987

To protect and conserve deer and elk and to provide for consistent and 
           equitable hunting laws in the State of Washington.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 1998

Mrs. Linda Smith of Washington introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To protect and conserve deer and elk and to provide for consistent and 
           equitable hunting laws in the State of Washington.

    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 ``Deer and Elk Protection Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) dramatic economic changes have taken place in the State 
        of Washington since Indian tribes signed treaties with the 
        Federal Government and, as a result of those changes, Indians 
        and Indian tribes in the State of Washington no longer rely on 
        hunting deer and elk for subsistence; and
            (2) the consistent enforcement of laws and regulations 
        pertaining to hunting deer and elk throughout the State of 
        Washington on all land outside of Indian reservations is 
        necessary for the conservation of deer and elk and to protect 
        public safety.
    (b) Purpose.--The purpose of this Act is to improve conservation 
and enhance the management of deer and elk and to augment public safety 
in the State of Washington by providing for uniform enforcement of 
certain State laws regulating hunting consistent with the statewide 
vote of approval of Washington State Initiative 456 on November 6, 
1984.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``hunting'' has the meaning given that term by 
        the laws of the State of Washington;
            (2) the term ``Indian'' means any individual who is a 
        member of a recognized Indian tribe;
            (3) the term ``Indian reservation'' includes--
                    (A) all lands within the limits of any Indian 
                reservation; and
                    (B) lands to which title is either held in trust by 
                the United States for the benefit of any Indian tribe 
                or individual or held by any Indian tribe or individual 
                subject to restriction by the United States against 
                alienation;
            (4) the term ``Indian tribe'' means any Indian tribe, band, 
        nation, pueblo, or other organized group or community, which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians;
            (5) the term ``State'' means the State of Washington;
            (6) the term ``taking'' means capturing, killing, or 
        collecting; and
            (7) the terms ``transport'' and ``transportation'' mean to 
        move, convey, carry, or ship by any means, or to deliver or 
        receive for the purpose of movement, conveyance, carriage, or 
        shipment.

SEC. 4. APPLICATION OF STATE LAW.

    (a) In General.--The laws and regulations of the State restricting 
or regulating sex, areas, season, and bag limits for the hunting, 
taking, possession, transportation, or sale of deer and elk are 
declared necessary for conservation and shall apply to and be 
enforceable against Indians and Indian tribes outside of the boundaries 
of an Indian reservation that is in the State, in the same manner and 
to the same extent as such laws and regulations apply to other persons.
    (b) Authority of State.--The authority granted by this section 
shall be in addition to the authority of the State on the date 
preceding the date of the enactment of this Act to enact and enforce 
fish and game laws. Notwithstanding the provisions of sections 401 and 
402 of the Act of April 11, 1968 (25 U.S.C. 1321 and 1322, 
respectively), or any other Act or treaty, the consent of an Indian 
tribe shall not be necessary in order for the State to exercise the 
authority granted by this section.
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