II 109th CONGRESS 1st Session S. 339 IN THE SENATE OF THE UNITED STATES February 9, 2005 Mr. Reid (for himself, Mr. Baucus, Mr. Stevens, Mr. Nelson of Nebraska, and Mr. Ensign) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reaffirm the authority of States to regulate certain hunting and fishing activities.

1.

Short title

This Act may be cited as the Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005.

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.

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.

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.