Good grief man read the law passed in 2005, state have the right by law to charge more for NR hunting and fishing licenses.
109-13 section 6036
Public Law 109–13
109th Congress
An Act
Making Emergency Supplemental Appropriations for Defense, the Global War on
Terror, and Tsunami Relief, for the fiscal year ending September 30, 2005, and
for other purposes.
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 ‘‘Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
Title I—Defense Related Appropriations
Title II—International Programs and Assistance for Reconstruction and the War on
Terror
Title III—Domestic Appropriations for the War on Terror
Title IV—Indian Ocean Tsunami Relief
Title V—Other Emergency Appropriations
Title VI—General Provisions and Technical Corrections
Section 6036
RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS
SEC. 6036. STATE REGULATION OF RESIDENT AND NONRESIDENT
HUNTING AND FISHING. (a) SHORT TITLE.—This section may be
cited as the ‘‘Reaffirmation of State Regulation of Resident and
Nonresident Hunting and Fishing Act of 2005’’.
(b) DECLARATION OF POLICY AND CONSTRUCTION OF CONGRESSIONAL SILENCE.— (1) IN GENERAL.—It is the policy of Congress that it is
in the public interest for each State to continue to regulate
Reaffirmation of
State Regulation
of Resident and
Nonresident
Hunting and
Fishing Act
of 2005.
Contracts.
Mississippi.
Minerals.
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119 STAT. 290 PUBLIC LAW 109–13—MAY 11, 2005
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.
(2) 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.
(c) LIMITATIONS.—Nothing in this section 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.
(d) STATE DEFINED.—For purposes of this section, 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.
