Wildlife Law

1. Wildlife Law Wildlife Conservation Authority: Legal Sources 1) statutory law – enacted by Congress e.g., Clean Air (Water) Act, ESA, NEPA

2. Wildlife Law Wildlife Conservation Authority: Legal Sources • 2) common law – court decisions from traditional law • e.g., negligence, trespass…

3. Wildlife Law Wildlife Conservation Authority: Legal Sources • 3) case law – courts resolve dispute over statutory & common law • e.g., suing to prevent listing

4. Important Wildlife Legislation • 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…”

5. 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)

6. Important Wildlife Legislation 1913. Migratory Bird Act. Federal government assumed regulatory powers over migratory birds

7. 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

9. Important Wildlife Legislation • 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

10. Important Wildlife Legislation • 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

11. 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.

12. Important Wildlife Legislation • 1937Federal 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

13. Important Wildlife Legislation 1956Fish & 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

14. Important Wildlife Legislation • Wilderness 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 System

15. Important Wildlife Legislation • National Environmental Policy Act (NEPA) • “…national policy to encourage productive and enjoyable harmony between man and his environment…”

16. 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

17. 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

18. Important Wildlife Legislation • Convention on International Trade in Endangered Species of Wild Fauna & Flora (CITES) • – import/export regulation • - international voluntary

19. Important Wildlife Legislation 1976Federal Land Policy & Mgt Act – BLM & land use plans 1976 National Forest Mgt Act (NFMA) – USFS & forest mgt plans

20. Important Wildlife Legislation

21. Lower Peninsula

22. Important Wildlife Legislation 1980Fish & Wildlife Conservation Act – P-R funds to nongame research & mgt

23. Important Wildlife Legislation • Food Security Act – Farm Bill Provisions • - Conservation Reserve Program (CRP) • CREP (enhancement) • - Wetland Reserve Program (WRP) • - Wildlife Habitat Incentives Program (WHIP)

24. Important Wildlife Legislation 2001Conservation & 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

25. 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

26. 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

28. 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 ofFishing, Hunting, andWildlife-Associated Recreation

29. 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 ofFishing, Hunting, andWildlife-Associated Recreation

30. National Survey ofFishing, Hunting, andWildlife-Associated Recreation

31. National Survey ofFishing, Hunting, andWildlife-Associated Recreation