CONTENTS Opening statement of the chairman_ Text of S. 1232. Text of S. 1401. Agency comments: Comptroller General (on S. 1232) Department of the Interior (on S. 1232 and S. 1401). Deputy Attorney General (on S. 1232 and S. 1401). LIST OF WITNESSES Armbuster, Dan C., chief, Ohio Division of Wildlife, Department of Na- Bowers, Glenn, director, Pennsylvania Game Commission, Harrisburg, AL. III, Atlas Brigham, Edward M., III, Atlas, Mich.. Edwards, George, Canton Audubon Society, Canton, Ohio; accompanied Franson, John L., central midwest representative, National Audubon Gazley, Gene, assistant director, Michigan Department of Natural Re- Hall, Albert G., director, Division of Fish and Game, New York State Conservation Department, Albany, N. Y. 22 35 McClurg, Lee, Ohio Conservation Congress, Columbus, Ohio Sylvester, Robert, Ohio Federation of Conservation Clubs, North Canton, ADDITIONAL STATEMENTS AND LETTERS Abraham, Fred, president, Ohio Federation of Conservation Clubs.... Dempsey, John, Gov., State of Connecticut, letter of April 1, 1969_. Edgar, William J., president, Detroit Audubon Society, letter of March 31, 35 41, 42 51 41 19 26 Edwards, George B., conservation chairman, Canton Audubon Society, 48 Fillebrown, T. S., Lakeview, Conn., letter of June 27, 1969 37 Fishkin, Douglas E., secretary, Washington State Big Came Council, 51 Franson, John L., central midwest representative, National Audubon, 43 38 Herbert, Dr. Paul A., conservation consultant, Michigan United Conservation Clubs, letter of March 31, 1969_ 46 Ingram, Terrence N., chairman, Hawk and Owl Protection Committee, 43 McKean, John W., director, Oregon State Game Commission, Portland, Mostek, Raymond, president, Illinois Audubon Society, Chicago, Ill., Pabian, Frank, secretary, Rocky Mountain Sports-Man Federation, West- Packwood, Hon. Bob, U.S. Senator, from Oregon, letter of July 10, 1969 sources.. Rego, John L., director, State of Rhode Island and Providence Plantations, Russell, Liane B., Ph. D. (Mrs. W. L.), president, Tennessee Citizens for Samsell, Theodore R., director, West Virginia Department of Natural 49 Speers, Ronald T., commissioner, Maine Department of Inland Fisheries and Game.... 45 Voight, L. P., secretary, Department of Natural Resources, Wisconsin, letter of March 28, 1969.. Wetterson, Richard D., director, Minnesota Department of Conserva- Wilder, Norman G., director, Board of Game and Fish Commissioners, Wolf, Mrs. Hazel A., secretary, Seattle Audubon Society, Seattle, Wash., Woodward, Harry R., director, Division of Game, Fish, and Parks, Denver, CONTROL, REGULATION, AND MANAGEMENT OF FISH AND WILDLIFE THURSDAY, APRIL 3, 1969 U.S. SENATE, COMMITTEE ON COMMERCE, Cleveland, Ohio. The committee met at 9 a.m. in room 1455, New Federal Office Building, Hon. Frank E. Moss presiding. Present: Senator Moss. OPENING STATEMENT OF THE CHAIRMAN Senator Moss. The committee will come to order. I am Senator Moss, of Utah, holding these hearings for the Senate Committee on Commerce. We have before us today two bills on the same subject, S. 1232 and S. 1401. The bill with the lower number was introduced at first, and later was followed on with a very similar bill that was introduced by Senator Fannin, of Arizona. The text of the two bills will be printed in the hearing record at this point. (The two bills and the agency comments will be placed in the record :) [S. 1232, 91st Cong., first sess.] A BILL To declare and determine the policy of the Congress with respect to the primary authority of the several States to control, regulate, and manage fish and wildlife within their territorial boundaries; to confirm to the several States such primary authority and responsibility with respect to the management, regulation, and control of fish and wildlife on lands owned by the United States; and to specify the exceptions applicable thereto; and to provide procedure under which Federal agencies may otherwise regulate the taking of fish and game on such lands Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act, the term (1) "fish and wildlife" means all vertebrates (including mollusks and crustacea); (2) "States" means the several States of the United States; (3) "land owned or controlled by the United States" includes buildings, and structures, trees, crops, or any flora or plants growing thereon; (4) "department or agency of the United States" means any department, agency, entity or bureau, commission, or any other official or body created by an Act of Congress having charge over the management or control of lands of the United States Government; and (5) "State agency" means the department, commission, agency, officer or official which is authorized by State law or constitution to regulate, control or manage fish and wildlife in such State, including an interstate compact body authorized to regulate, control or manage any fish or wildlife. SEC. 2. The Congress of the United States hereby recognizes— (1) the necessity and importance of conservation programs of the several States in the management, preservation, and regulation of fish and wildlife therein; Staff member assigned to this hearing: Harry C. Huse. (2) that under well-established law set forth in many court decisions, including the Supreme Court of the United States, that the authority to control, regulate, and manage fish and wildlife resides and rests in the several States in trust for the benefit of their people independent of jurisdiction over or ownership of land and that it is the primary duty of the States to conserve and protect these resources; (3) that unless the several States have the unquestioned right and power to manage, control, and regulate fish and wildlife within their respective boundaries, the revenues from the sales of licenses or permits now or to be received by the States for the hunting, taking, capturing or seizing of fish and wildlife will be considerably diminished and conservation programs of the States seriously impaired thereby ; (4) that Congress has in the past vested certain departments or agencies of the United States with responsibilities to conserve and develop natural resources, including fish and wildlife on certain federally owned lands, but that such responsibilities should be exercised in recognition of the State's authority with respect to fish and wildlife; and (5) that it is in the best interest not only of the States but also of the Nation that the States have the sole, exclusive, and undisputed legal right to manage, regulate, and control fish and wildlife in accordance with State laws and regulations notwithstanding the ownership or control of the lands by the Government of the United States within the boundaries of the respective States. The Congress further declares it to be in the public interest that authority to control, regulate and manage all fish and wildlife in or on any land or water within the territorial boundaries of the respective States, including lands owned or controlled by the United States, continue to be vested in the several States. SEC. 3. The exclusive right and power of the States to conserve, control, and manage fish and wildlife in or on lands and waters within their territorial boundaries for public use and benefit in accordance with applicable State law, are subject to the provisions thereof, recognized, confirmed, established, assigned, granted, and transferred to the respective States. SEC. 4. This Act shall not be construed as affecting the responsibilities and rights of departments or agencies of the United States to conserve and develop. subject to the provisions of this Act, the natural resources, including fish and wildlife, on lands owned or controlled by the United States within the territorial boundaries of any States or as depriving the United States of the right to protect and preserve its lands from destruction or depredation by wildlife to the same extent and in the came manner permitted to any owner of land by the laws of the State in which such land is located. There is hereby specifically reserved and excepted from the operation of this Act : (a) All rights and powers of the Congress of the United States to control and regulate the taking of fish and wildlife under any international treaty or convention to which the United States is a party but only with respect to those species of fish or wildlife expressly named in said treaties or conventions. (b) Any Indian reservation and any right, privilege or immunity vested in or reserved to any Indian tribe, band, or community or any individual Indian or any tribe, band, or community of natives of Alaska, or any individual member thereof, with respect to hunting, trapping or fishing or the control, licensing or regulation thereof. (e) All rights and powers of the United States in and on areas over which the States have ceded exclusive jurisdiction to the United States. (d) All rights and powers over any species of fish and wildlife ceded or granted to the United States by any State. SEC. 5. No department or agency of the United States shall promulgate or enforce any rule or regulation with respect to the taking of fish and wildlife within the several States unless such rule or regulation is in compliance with, and under authority of, the laws and regulations of the State wherein such rule or regulation is applicable. SEC. 6. Notwithstanding anything contained in any Act of the Congress or in any rule or regulation promulgated by any Federal department or agency it is hereby declared to be the intent of the Congress that no provision of any Act shall be construed or implemented in any manner as to displace, preempt, or deprive the several States of their primary and historically recognized authority to control, regulate, and manage fish and wildlife in or on any lands or waters |