Transcript Document

Wildlife Law
Wildlife
Conservation
Authority: Legal
Sources
1) statutory law –
Wildlife Law
Wildlife Conservation Authority: Legal
Sources
2) common law –
Wildlife Law
Wildlife Conservation Authority: Legal
Sources
3) case law –
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.
Important Wildlife Legislation
1913. Migratory Bird Act. Federal
Species-of-the-Week
sandhill crane (Grus canadensis)
Habitat
Open freshwater
wetlands, shallow
marshes; ranging from
bogs, fens, sedge
meadows, grasslands,
savannahs, ag. lands
Food
Omnivores – plant
matter (grains), small
verts and inverts.
Reproduction
~mid May
clutch size = 2, 30
i.p.
Behavior
mating dance
family groups
early may, mid-Sep
migration
Reproduction
~mid May
clutch size = 2, 30
i.p.
Behavior
mating dance
family groups
early may, mid-Sep
migration
Status
Protected & game
classification
Important Wildlife Legislation
• 1931. Predatory
Mammal Control
Program.
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
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)
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)
–
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
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
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