PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense must make sure that hunting, fishing, and trapping on any military base follow the fish and game laws of the state where the base is. People must get the proper state license to hunt, fish, or trap on a base, but active-duty service members are covered by that requirement only if the state allows issuing a license to a member who is stationed there for more than 30 days without residency rules and on terms at least as good as for state residents. The Secretary must work with the state governor to set safe, secure ways for state wildlife officials to enter the base when needed to manage animals and fish. The Secretary can change or waive state fish and game rules for health or safety reasons, and may lengthen a season but not shorten it. The Secretary cannot waive state license requirements or the fees for those licenses. If a waiver is used, the Secretary must tell state officials in writing at least 30 days before it starts and explain why. People who break these base rules that would be crimes under state law face the same penalties. This does not affect treaty rights of Indian tribes. The Secretary must write rules to make all this work.

Title 10, §2671

Armed Forces, Source: USLM XML via OLRC

(a)General Requirements for Hunting, Fishing, and Trapping.—

The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State—

(1)require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State in which it is located;

(2)require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the armed forces, such a license may be required only if the State authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State; and

(3)develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game resources.

(b)Waiver Authority.—

(1)The Secretary of Defense may waive or otherwise modify the fish and game laws of a State otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the authority to extend, but not reduce, the specified season for certain hunting, fishing, or trapping. The Secretary may not waive the requirements under subsection (a)(2) regarding a license for such hunting, fishing, or trapping or any fee imposed by a State to obtain such a license.

(2)If the Secretary determines that a waiver of fish and game laws of a State is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State officials stating the reasons for, and extent of, the waiver. The notification shall be provided at least 30 days before implementation of the waiver.

(c)Violations.—

Whoever is guilty of an act or omission which violates a requirement prescribed under subsection (a)(1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment.

(d)Relation to Treaty Rights.—

This section does not modify any rights granted by the treaty or otherwise to any Indian tribe or to the members thereof.

(e)Regulations.—

The Secretary of Defense shall prescribe regulations to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (a)(2). Pub. L. 111–383 substituted “armed forces” for “Armed Forces”. 2006—Subsecs. (a) to (c). Pub. L. 109–163 struck out “or Territory” after “State” wherever appearing. 2001—Subsec. (a). Pub. L. 107–107, § 2811(b)(1), inserted heading. Subsec. (b). Pub. L. 107–107, § 2811(a)(2), added subsec. (b). Former subsec. (b) redesignated (e). Subsec. (c). Pub. L. 107–107, § 2811(b)(2), inserted heading. Subsec. (d). Pub. L. 107–107, § 2811(b)(3), inserted heading. Subsec. (e). Pub. L. 107–107, § 2811(a)(1), redesignated subsec. (b) as (e), inserted heading, and transferred subsec. to end of section.

Statutory Notes and Related Subsidiaries

Increased Hunting and Fishing Opportunities for Members of the Armed Forces, Retired Members, and Disabled Veterans Pub. L. 109–364, div. A, title X, § 1077(a), Oct. 17, 2006, 120 Stat. 2406, provided that: “Consistent with section 2671 of title 10, United States Code, and using such funds as are made available for this purpose, the Secretary of Defense shall ensure that members of the Armed Forces, retired members, disabled veterans, and persons assisting disabled veterans are able to utilize lands under the jurisdiction of the Department of Defense that are available for hunting or fishing.”

§2671 Military Reservations and Facilities: Hunting, Fishing, and Trapping