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
1964 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

Important Wildlife Legislation
1969 National
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
1974 Convention 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

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

• 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

1955…. 1980 1985 1991 1996
10% 10%
($ 8.5B)
9 %
($10B)
7% 7%
($12B) ($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

•
Hunting
•
Fishing
2001 Trends
71% also fished
62% also non-consump.
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