Download Wildlife Conservation Authority: Legal Sources

Wildlife Law
Wildlife
Conservation
Authority: Legal
Sources
1) statutory law –
enacted by
Congress
e.g., Clean Air
(Water) Act,
ESA, NEPA
Wildlife Law
Wildlife Conservation Authority: Legal
Sources
2) common law –
court decisions
from traditional
law
e.g., negligence,
trespass…
Wildlife Law
Wildlife Conservation Authority: Legal
Sources
3) case law –
courts resolve
dispute over
statutory &
common law
e.g., suing to
prevent listing
Important Wildlife Legislation
1900 Lacey Act – no interstate commerce
“…unlawful for any person to import, export,
transport, sell, receive, acquire, or purchase
any fish or wildlife or plant taken, possessed,
transported, or sold in violation of any law,
treaty, or regulation of the United States or in
violation of any Indian tribal law whether in
interstate or foreign commerce. Violation of
this federal act can result in civil penalties up
to $10,000 per each violation or maximum
criminal sanctions of $20,000 in fines and/or
up to five years imprisonment…”
Important Wildlife Legislation
Migratory Bird Treaty Act (1916
= US & Canada; 1936 = US
& Mexico)
“…illegal to take migratory birds,
their eggs, feathers or nests…”
“Take” = any means or in any manner,
any attempt at hunting, pursuing,
wounding, killing, possessing or
transporting any migratory bird,
nest, egg, or part thereof.
836 bird species (58 = game birds)
Important Wildlife Legislation
1913. Migratory Bird Act. Federal
government assumed regulatory
powers over migratory birds
Important Wildlife Legislation
• 1931. Predatory
Mammal Control
Program.
Authorized the
Department of
Agriculture to study
and control predatory
mammals causing
damage to crops and
livestock
Important Wildlife Legislation
1934 Fish & Wildlife Coordination Act (FWCA)
Authorizes Secretaries of Agriculture and Commerce to
provide assistance to and cooperate with Federal and State
agencies to protect, rear, stock, and increase the supply of
game and fur-bearing animals, as well as to study the
effects of domestic sewage, trade wastes, and other
polluting substances on wildlife
Important Wildlife Legislation
1934 Migratory Bird Hunting Stamp Act – duck
stamp revenue for habitat purchase
"Duck Stamp Act,"
- each waterfowl hunter 16 years of age or older must
possess a valid Federal hunting stamp
- Receipts from the sale of the stamp are deposited in a
special Treasury account known as the Migratory Bird
Conservation Fund
Important Wildlife Legislation
• 1935. Creation of
the Cooperative
Wildlife Research
Units. The units
conducted research
and established
graduate programs in
wildlife science at
state universities.
Important Wildlife Legislation
• 1937 Federal Aid in
Wildlife Restoration Act
– 11 percent Federal
excise tax on sporting
arms, ammunition, and
archery equipment
– 10 percent tax on
handguns
• Non-game check off
• Surveys show hunters
contribute most of money
to maintain wildlife
Important Wildlife Legislation
1956 Fish & Wildlife Act
– set up US Fish &
Wildlife Service
- establishes comprehensive
national fish and wildlife
resources policy
- with regard to the inherent
right of every citizen and
resident to fish for
pleasure, enjoyment, and
betterment and
recreational use of fish and
wildlife resources
Important Wildlife Legislation
1964Wilderness Act
Directs Secretary of Interior to
review every roadless area of
5,000+ acres and every roadless
island within National Wildlife
Refuge and National Park
Systems and to recommend to the
President the suitability of each
such area or island for inclusion in
the National Wilderness
Preservation System, with final
decisions made by Congress.
Secretary of Agriculture directed
to study and recommend suitable
areas in the National Forest
Important Wildlife Legislation
1969National
Environmental
Policy Act (NEPA)
“…national policy to
encourage productive
and enjoyable harmony
between man and his
environment…”
Important Wildlife Legislation
1973 Endangered Species Act
provided for the conservation of
ecosystems upon which
threatened and endangered
species of fish, wildlife, and
plants depend.
- authorizes determination and
listing of species
- prohibits unauthorized taking,
possession, sale, and transport
- provides authority to acquire
land
Important Wildlife Legislation
1973 Endangered Species Act
-
-
establishment of cooperative
agreements and grants-in-aid to
States
assess civil and criminal
penalties for violations
payment of rewards to anyone
furnishing information
Important Wildlife Legislation
1974Convention on
International Trade in
Endangered Species of
Wild Fauna & Flora
(CITES)
– import/export regulation
- international voluntary
Important Wildlife Legislation
1976 Federal Land Policy &
Mgt Act – BLM & land use
plans
1976 National Forest Mgt Act
(NFMA) – USFS & forest
mgt plans
Important Wildlife Legislation
Lower Peninsula
Important Wildlife Legislation
1980 Fish & Wildlife Conservation Act – P-R funds
to nongame research & mgt
Important Wildlife Legislation
1985 Food Security Act – Farm
Bill Provisions
- Conservation Reserve
Program (CRP)
CREP (enhancement)
- Wetland Reserve
Program (WRP)
- Wildlife Habitat
Incentives Program
(WHIP)
Important Wildlife Legislation
2001 Conservation & Reinvestment Act (CARA)
- allocate revenues from Outer Continental Shelf (OCS) oil
and gas activities for federal and state resource acquisition
and protection, urban recreation, wildlife protection
Wildlife Authority
• State governments
(DNR)
– set seasons, limits, and license fees
for harvesting game birds,
mammals, and fish.
• Federal agencies
(Fish & Wildlife)
–
–
–
–
–
Have regulatory powers over
migratory birds
Manage national refuges
Coordinate endangered species
programs
Administer federal aid to states
Negotiate international wildlife
agreements
Benefits & Uses of Wildlife
Resources
• Economics
- direct expenditure (all related expenses)
- market value (no habitat mgt costs)
- unit-day value (direct + market)
- willingness to pay
• Consumption
- food
- recreation
Survey of Wildlife-Related
Recreation
1955….
1980
1985
1991
1996
10%
10%
($ 8.5B)
9%
($10B)
7%
($12B)
7%
($17B)
18%
25%
($17B)
26%
($28B)
20%
($25B)
18%
($36B)
???
49%
($ 4B)
74%
($14B)
39%
($18B)
31%
($29B)
2001 Trends
• Hunting
13.0 M people
$20.6 B
• Fishing
34.1 M people
$35.6 B
• Non-Consumptive 66.1 M people
$38.4 B
National Survey of
Fishing, Hunting, and
Wildlife-Associated Recreation
2001 Trends
• Hunting
71% also fished
62% also non-consump.
• Fishing
27% also hunted
58% also non-consump.
• Non-Consumptive 33% also hunt or fish
National Survey of
Fishing, Hunting, and
Wildlife-Associated Recreation
National Survey of
Fishing, Hunting, and
Wildlife-Associated Recreation
National Survey of
Fishing, Hunting, and
Wildlife-Associated Recreation