Free Market Capitalism dominates virtually every aspect of interstate commerce already...including hunting! If there was no demand for auction tags, LO tags, guided hunting, finder's fees, leases, etc, none of this would be an issue. We would all have one set price, a price set by the govt agencies, and that would be it. A service was offered, some were willing to pay for it apparently, and a price was paid...just like every single aspect of hunting across the board. Including license fees for example...states keep raising fees (regardless of why) because they know the "free market" will bear it, otherwise they wouldn't or couldn't. All clear examples of FMC.
Sir, my point wasn't to disagree with the outcome of this particular case, I really don't know much about it. I just hate seeing "more" regulation that eventually gets around to effecting us all, and stifles creative, entrepreneurial thinking. I do realize regulation is always needed...it just seems we are often times regulating ourselves to death. My input had nothing to do with the "specific" topic at hand.
Sorry, but you're dead wrong. Interstate commerce has absolutely NO bearing on hunting in North America. Study up on the USO lawsuit and the resulting Federal Legislation that specifically was passed to ensure interstate commerce DID NOT limit the States Right to manage and control hunting. That legislation also reassured the States right to discriminate against NR hunters as well, charge different fees, etc.
S. 339
To reaffirm the authority of States to regulate certain hunting and
fishing activities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2005
Mr. Reid (for himself, Mr. Baucus, Mr. Stevens, Mr. Nelson of Nebraska,
Mr. Ensign, Mr. Enzi, Mr. Crapo, Mr. Hatch, Mr. Conrad, Mr. Salazar,
Mr. Craig, Mr. Bingaman, Mr. Thomas, and Mr. Kyl) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
April 21, 2005
Reported by Mr. Specter, without amendment
_______________________________________________________________________
A BILL
To reaffirm the authority of States to regulate certain hunting and
fishing activities.
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 ``Reaffirmation of State Regulation of
Resident and 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.
Calendar No. 85
109th CONGRESS
1st Session
S. 339
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