Reid Fights To Protect Nevada
WASHINGTON, D.C. - Sen. Harry Reid (D-NV) introduced a bill in the Senate today to protect Nevada's hunters and fishermen. Reid's bill reaffirms the right of states to manage their own fish and wildlife programs. That historic right has been jeopardized by a recent federal court ruling.
"The court ruling is a threat to the conservation of wildlife resources in Nevada, and a threat to Nevada's ability to provide recreational opportunities for its own citizens," said Reid. "This legislation shows that we respect the states' right to manage their own resources. It has bipartisan support, and I'm hopeful we can pass it quickly."
Sen. John Ensign (R-NV) is co-sponsoring the legislation.
"The state should maintain the rights on deciding fishing and hunting regulations," said Ensign. "Nevada is gifted in that our fish and wildlife programs are continuously thriving and to prolong this success, our state and not the federal court, should make the choices to preserve this."
States have traditionally had the right to regulate hunting and fishing within their own borders, including the right to issue licenses and set tag limits. However, a recent decision by the Ninth Circuit Court of Appeals could undermine those rights. The court ruled that states should not set different tag limits for residents and non-residents, because that could violate non-residents' Constitutional rights. Reid's bill would reaffirm states' right to make such distinctions.
"Sportsmen are ardent conservationists," said Reid. "For example, in Nevada there are sportsmen's groups like Nevada Bighorns Unlimited and the Fraternity of Desert Bighorn. Members of these groups spend their own time and money protecting our bighorn sheep, which are suffering because of a severe drought. Their understanding of our local habitats, and their efforts to save hundreds of these animals, justifies giving them hunting privileges that out-of-state sportsmen don't get."
In addition to Ensign, Senators Ted Stevens (R-AK), Ben Nelson (D-NE), Conrad Burns (R-MT), and Max Baucus (D-MT) are co-sponsors of Reid's bill.
-------------------- 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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