[Congressional Record Volume 150, Number 130 (Monday, October 11, 2004)]
[Senate]
[Pages S11305-S11310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

[[Page S11310]]

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.
       (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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