[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR24.3]

[Page 446]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 24--DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE POLICY: STATE-FEDERAL RELATIONSHIPS--Table of Contents
 
Sec. 24.3  General jurisdictional principles.

    (a) In general the States possess broad trustee and police powers 
over fish and wildlife within their borders, including fish and wildlife 
found on Federal lands within a State. Under the Property Clause of the 
Constitution, Congress is given the power to ``make all needful Rules 
and Regulations respecting the Territory or other Property belonging to 
the United States.'' In the exercise of power under the Property Clause, 
Congress may choose to preempt State management of fish and wildlife on 
Federal lands and, in circumstances where the exercise of power under 
the Commerce Clause is available, Congress may choose to establish 
restrictions on the taking of fish and wildlife whether or not the 
activity occurs on Federal lands, as well as to establish restrictions 
on possessing, transporting, importing, or exporting fish and wildlife. 
Finally, a third source of Federal constitutional authority for the 
management of fish and wildlife is the treaty making power. This 
authority was first recognized in the negotiation of a migratory bird 
treaty with Great Britain on behalf of Canada in 1916.
    (b) The exercise of Congressional power through the enactment of 
Federal fish and wildlife conservation statutes has generally been 
associated with the establishment of regulations more restrictive than 
those of State law. The power of Congress respecting the taking of fish 
and wildlife has been exercised as a restrictive regulatory power, 
except in those situations where the taking of these resources is 
necessary to protect Federal property. With these exceptions, and 
despite the existence of constitutional power respecting fish and 
wildlife on Federally owned lands, Congress has, in fact, reaffirmed the 
basic responsibility and authority of the States to manage fish and 
resident wildlife on Federal lands.
    (c) Congress has charged the Secretary of the Interior with 
responsibilities for the management of certain fish and wildlife 
resources, e.g., endangered and threatened species, migratory birds, 
certain marine mammals, and certain aspects of the management of some 
anadromous fish. However, even in these specific instances, with the 
limited exception of marine mammals, State jurisdiction remains 
concurrent with Federal authority.