I
105TH CONGRESS
2D SESSION
H. R. 3987
To protect and conserve deer and elk and to provide for consistent and
equitable hunting laws in the State of Washington.
IN THE HOUSE OF REPRESENTATIVES
JUNE 3, 1998
Mrs. LINDA SMITH of Washington introduced the following bill; which was
referred to the Committee on Resources
A BILL
To protect and conserve deer and elk and to provide for
consistent and equitable hunting laws in the State of
Washington.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Deer and Elk Protec-
tion Act’’.
SEC. 2. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) dramatic economic changes have taken place
in the State of Washington since Indian tribes
signed treaties with the Federal Government and, as
a result of those changes, Indians and Indian tribes
in the State of Washington no longer rely on hunt-
ing deer and elk for subsistence; and
(2) the consistent enforcement of laws and reg-
ulations pertaining to hunting deer and elk through-
out the State of Washington on all land outside of
Indian reservations is necessary for the conservation
of deer and elk and to protect public safety.
(b) PURPOSE.—The purpose of this Act is to improve
conservation and enhance the management of deer and elk
and to augment public safety in the State of Washington
by providing for uniform enforcement of certain State laws
regulating hunting consistent with the statewide vote of
approval of Washington State Initiative 456 on November
6, 1984.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘hunting’’ has the meaning given
that term by the laws of the State of Washington;
(2) the term ‘‘Indian’’ means any individual
who is a member of a recognized Indian tribe;
(3) the term ‘‘Indian reservation’’ includes—
(A) all lands within the limits of any
Indian reservation; and
(B) lands to which title is either held in
trust by the United States for the benefit of
any Indian tribe or individual or held by any
Indian tribe or individual subject to restriction
by the United States against alienation;
(4) the term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, pueblo, or other organized group
or community, which is recognized as eligible for the
special programs and services provided by the
United States to Indians because of their status as
Indians;
(5) the term ‘‘State’’ means the State of Wash-
ington;
(6) the term ‘‘taking’’ means capturing, killing,
or collecting; and
(7) the terms ‘‘transport’’ and ‘‘transportation’’
mean to move, convey, carry, or ship by any means,
or to deliver or receive for the purpose of movement,
conveyance, carriage, or shipment.
SEC. 4. APPLICATION OF STATE LAW.
(a) IN GENERAL.—The laws and regulations of the
State restricting or regulating sex, areas, season, and bag
limits for the hunting, taking, possession, transportation,
or sale of deer and elk are declared necessary for conserva-
tion and shall apply to and be enforceable against Indians
and Indian tribes outside of the boundaries of an Indian
reservation that is in the State, in the same manner and
to the same extent as such laws and regulations apply to
other persons.
(b) AUTHORITY OF STATE.—The authority granted
by this section shall be in addition to the authority of the
State on the date preceding the date of the enactment of
this Act to enact and enforce fish and game laws. Notwith-
standing the provisions of sections 401 and 402 of the
Act of April 11, 1968 (25 U.S.C. 1321 and 1322, respec-
tively), or any other Act or treaty, the consent of an
Indian tribe shall not be necessary in order for the State
to exercise the authority granted by this section.
Æ