Hunting, Fishing, and Related Issues in the 115th Congress

Hunting, Fishing, and Related Issues in the 115th Congress

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October 4, 2017
Hunting, Fishing, and Related Issues in the 115th Congress
Sportsmen’s and sportswomen’s issues, including hunting,
managed by the U.S. Forest Service (FS) and the Bureau of
fishing, recreational shooting, and other wildlife-associated
Land Management (BLM) to be open to hunting, fishing,
activities, are regular matters of interest for Congress,
and recreational shooting unless specifically closed by the
including in the 115th Congress. At issue for Congress is
respective managing agency for a justifiable reason and
increasing access to federal lands and waters, balancing
following the closure procedures outlined in the bill. This
recreational uses and conservation, and addressing federal
“open unless closed” provision would apply only to land
land management plans. A review of natural resource
open to these activities as of the date of enactment, but it
provisions within selected sportsmen’s bills in the 115th
would prevent future closures unless the required
Congress is presented here.
justifications and procedures are met. Additional sections
would amend the Federal Land Transaction Facilitation Act
Millions of individuals participate in hunting, fishing, and
(FLTFA; 43 U.S.C. §2301 et seq.) and Pittman-Robertson
wildlife-related activities each year in the United States,
Wildlife Restoration Act (16 U.S.C. §669 et seq.); authorize
contributing billions of dollars to the economy. Every five
the Wildlife and Hunting Heritage Conservation Council
years, the U.S. Fish and Wildlife Service sponsors a
Advisory Committee; revise fees for commercial filming on
national survey to assess fishing, hunting, and wildlife-
federal lands; and address the transport of bows and the use
associated recreation. The most recent survey was for 2016;
of volunteers for wildlife management in National Parks.
it added data for two new categories of activities: target
shooting and archery (Figure 1).
Division B (Natural Resources) of S. 1460, the Energy and
Natural Resources Act of 2017, contains sections similar to
Figure 1. 2016 Survey Results: Hunting, Fishing, and
those in S. 733, and would also reauthorize the North
Wildlife-Associated Activities
American Wetland Conservation Act (NAWCA; 16 U.S.C.
§4401 et seq.); prohibit regulation of fishing tackle based
on lead content; and bar regulation of the lawful possession
of a firearm at U.S. Army Corps of Engineers (USACE)
water resource development projects.
House of Representatives
H.R. 3668, the Sportsmen’s Heritage and Recreational
Enhancement (SHARE) Act, was reported by the Natural
Resources Committee on September 18, 2017 (H.Rept. 115-
314).
Like S. 733 and S. 1460, H.R. 3668 would—with some
differences in specific actions—require FS and BLM lands
to be managed as open unless they are specifically closed;
amend FLTFA, Pittman-Robertson, and NAWCA; address
commercial filming fees; prohibit regulation of lead in
fishing tackle; bar regulation of firearms at USACE water

resource development projects; and allow the transport of
Source: CRS, with data from the U.S. Fish and Wildlife Service, 2016
bows and volunteers in National Parks. In addition, H.R.
National Survey of Fishing, Hunting, and Wildlife-Associated Recreation
3668 would clarify how baiting is defined on agricultural
(preliminary findings).
lands for migratory gamebirds; reissue final rules for certain
Notes: Data reflect number of participating Americans aged 16 and
gray wolf populations; permit the importation of legally
older. Data for target shooting and archery are for 2015.
obtained polar bear trophies into the U.S.; enhance state
control over certain fisheries; and modify the regulation of
Legislative Activity
firearms, ammunition, and silencers; among other actions.
Multiple sportsmen-related bills have been introduced in
the 115th Congress, including S. 733 and H.R. 3668, as well
Issues for Congress
as Division B of S. 1460. See Table 1 for a list of issues
Some proponents of sportsmen-related legislation believe
covered in these bills.
that there should be more opportunities for hunting, fishing,
and related recreation on federal lands and waters and that it
Senate
is important to protect access to sportsmen’s recreational
S. 733, the Sportsmen’s Act, was reported by the
opportunities in law. Others argue that these bills appear to
Committee on Energy and Natural Resources on June 22,
disregard the reality that many federal lands are already
2017 (S.Rept. 115-116). S. 733 would require federal land
managed for multiple-use purposes and worry that some
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Hunting, Fishing, and Related Issues in the 115th Congress
provisions could weaken environmental protections and
Related Administrative Actions
marginalize science-based management, such as through
Sportsmen’s issues have also been addressed in
the prohibition of regulating lead in fishing tackle.
administrative actions under President Trump. For example,
then-Interior Secretary Ryan Zinke issued Secretarial Order
Supporters and opponents of these bills have largely agreed
3356, “Hunting, Fishing, Recreational Shooting, and
with the general sentiment of balancing federal land
Wildlife Conservation Opportunities and Coordination with
management in a way that accommodates recreational
States, Tribes, and Territories,” on September 15, 2017. For
activities of all kinds, while also conserving and protecting
more information, see CRS Insight IN10794, Department of
natural resources. However, they have disagreed on the
the Interior Secretarial Order 3356.
appropriate legislative approach to achieve this goal.
Table 1. Issue by Title/Section in H.R. 3668, As Reported, S. 733, As Reported, and S. 1460, As Introduced
Issue Area
H.R. 3668 S. 733
S. 1460
Declaration of national policy regarding hunting, fishing, and recreational shooting
—
Title I
§8001
Lead in fishing tackle
Title I
—
§8404
Amendments to Pittman-Robertson Wildlife Restoration Act (16 U.S.C. §669 et seq.)
Title II
§401
§8401
Firearms at U.S. Army Corps of Engineers water resources development projects
Title III
—
§8107
Opening, closing, and access to federal lands and waters for hunting, fishing, and
Title IV
Title II
§§8101-
recreational shooting
8104, 8106
No priority for hunting, fishing, or recreational shooting
§403
§602
§8502
Volunteer hunters in wildlife management
§404
§502
§7136
Clarifying agricultural practices and baiting in migratory game bird hunting
Title V
—
—
Transporting bows across National Park Service lands
Title VI
§501
§7135
Respect for treaties and rights
Title VII
§601
§8501
State approval for fishing restriction within National Park Service or Office of National
Title VIII
—
—
Marine Sanctuary managed waters
Amendments to the Equal Access to Justice Act (5 U.S.C. §504; 28 U.S.C. §2412)
Title IX
§205
§8105
Access to federal lands for good Samaritan search and recovery
Title X
—
§6107
Interstate transportation of firearms and ammunition
Title XI
—
—
Importation of polar bear trophies hunted legally in Canada before specified date
Title XII
—
—
Amendments to North American Wetlands Conservation Act (16 U.S.C. §4401 et seq.)
Title XIII
—
§8403
Gray wolves final rule reissuance
Title XIV
—
—
Hearing protection (silencers)
Title XV
—
—
Consideration of ammunition and firearms classification
Title XVI
—
—
Amendments to Federal Land Transaction Facilitation Act (43 U.S.C. §2301 et seq.)
Title XVII
§207
§8201
Commercial filming and photography on federal lands
Title XVIII
Title III
§8301
Respect for state wildlife management authority
Title XIX
§603
§8503
Bison management in the Grand Canyon
Title XX
—
—
Recreation permits for guides and outfitters
Title XXI
—
—
Hunting and fishing within certain National Forests
Title XXII
—
—
Wildlife Hunting and Heritage Conservation Council Advisory Committee authorization
—
§402
§8402
Source: CRS, with information from H.R. 3668, S. 733, and S. 1460.
Note: Issue area is for categorization purposes only; language may differ between bil s.

R. Eliot Crafton, Analyst in Natural Resources Policy

IF10746
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Hunting, Fishing, and Related Issues in the 115th Congress

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