1. Short title
This Act may be cited as the “Native Species Protection Act”.
Native Species Protection Act
A BILL
To clarify that noncommercial species found entirely within the borders of a single State are not in interstate commerce or subject to regulation under the Endangered Species Act of 1973 or any other provision of law enacted as an exercise of the power of Congress to regulate interstate commerce.
2. Treatment of intrastate species
Definition of Intrastate Species— In this Act, the term “intrastate species” means any species of plant or fish or wildlife (as those terms are defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) that is—
found entirely within the borders of a single State; and
not part of a national market for any commodity.
Treatment— An intrastate species shall not be—
considered to be in interstate commerce; and
subject to regulation under—
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
any other provision of law under which regulatory authority is based on the power of Congress to regulate interstate commerce as enumerated in article I, section 8, clause 3 of the Constitution of the United States.