Wildlife Law

1. Wildlife Law Wildlife Conservation Authority: Legal Sources 1) statutory law –

2. Wildlife Law Wildlife Conservation Authority: Legal Sources • 2) common law –

3. Wildlife Law Wildlife Conservation Authority: Legal Sources • 3) case law –

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. 

6. Important Wildlife Legislation 1913. Migratory Bird Act. Federal

7. Species-of-the-Week • sandhill crane (Grus canadensis)

8. 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.

9. Reproduction • ~mid May • clutch size = 2, 30 i.p. • Behavior • mating dance • family groups • early may, mid-Sep migration

12. Reproduction • ~mid May • clutch size = 2, 30 i.p. • Behavior • mating dance • family groups • early may, mid-Sep migration • Status • Protected & game classification

13. Important Wildlife Legislation • 1931. Predatory Mammal Control Program.

15. 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

16. 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

17. 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.

18. 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

19. 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

20. 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

21. Important Wildlife Legislation • National Environmental Policy Act (NEPA)

22. 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

23. 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

24. Important Wildlife Legislation • Convention on International Trade in Endangered Species of Wild Fauna & Flora (CITES) • –

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

26. Important Wildlife Legislation

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

29. Important Wildlife Legislation • Food Security Act – Farm Bill Provisions

30. 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

31. 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