Wildlife LawWildlife

Conservation Authority: Legal Sources

1) statutory law –

Wildlife LawWildlife Conservation Authority: Legal Sources

2) common law –

Wildlife LawWildlife Conservation Authority: Legal Sources

3) case law –

Important Wildlife Legislation1900 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 LegislationMigratory 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 Legislation1934 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 Legislation1934 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 Legislation1956 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 Legislation1964Wilderness 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

Important Wildlife Legislation1969National

Environmental Policy Act (NEPA)

Important Wildlife Legislation1973 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 Legislation1973 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 Legislation1974Convention on

International Trade in Endangered Species of Wild Fauna & Flora (CITES)

–

Important Wildlife Legislation1976 Federal Land Policy &

Mgt Act – BLM & land use plans

1976 National Forest Mgt Act (NFMA) – USFS & forest mgt plans

Important Wildlife Legislation

Important Wildlife Legislation1980 Fish & Wildlife Conservation Act – P-R funds

to nongame research & mgt

Important Wildlife Legislation1985 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