WFA 4353 Wildlife & Fisheries Policy Exam 1

Policy

The embodiment of laws and regulations, including principles and plans to meet goals.

Law

all rules established and enforced by custom, authority, or legislation.

Case Law

Law established by legal decisions rendered by judges in court cases.

Common Law

Law originating from unwritten social habits, customs, and judicial precedents.

Statutory Law

Law passed by a legislative body and written down in official code.

Regulation

Rules established by authorities to govern behavior, enforce compliance, and protect public interests.

Wildlife and Fish Law

System of rules governing activities affecting wildlife and fish to achieve management goals.

Public Policy

Governmental laws, regulations, and funding priorities created through political processes.

Jurisdiction

~ The authority or power to legislate or develop regulations.

~ The authority or power to interpret, apply, and enforce law.

~ The geographic are where these authorities are applied.

Conservation Easement

Private land donated or protected by NGOs or government funding.

Conservation Sales Tax

Statewide sales tax dedicated specifically to natural resource conservation funding.

Excise Tax

Tax levied directly on sales from manufacturers to the authorizing treasury.

State Wildlife Action Plan (SWAP)

State document detailing conservation strategies for conservation of non-game species required for federal grants.

NAMWM: Public Trust

Principle that natural resources are owned by citizens and managed for sustained benefit.

NAMWM: Elimination of Markets

Industrial sales of WF and Wild fish should not be allowed to cause decline to populations.

NAMWM: Allocation by Law

Wildlife management and allocation decisions must be democratically decided by governing bodies.

NAMWM: Legitimate Purpose

Wildlife may only be killed for legitimate uses like use of the body, protection of humans or goods, or protection of ecosystems.

NAMWM: International Resource

Collaboration with other countries is necessary for many species.

NAMWM: Scientific Policy

Wildlife policy decisions should be guided by empirical scientific evidence.

NAMWM: Democracy of Hunting

Every citizen should have equal opportunity and access to hunt and fish.

Tragedy of the Commons

An old concept that was made popular by a publication written by Hardin in 1968. It said that unregulated, equal access to public resources leads individual self-interest to deplete the resource.

Governmental authority, landowner authority, and the specific species type being regulated.

Jurisdiction is based on?

Public Trust Doctrine

Court rulings declaring tidal lands, flowing waters, and wildlife are protected by government and were for the use of all citizens.

Agency, Commissions, Legislature

Most state authority in regulation lies with the:

Legislature

Authority is established by law from the?

Legislature and the Governor

Statute is established by?

Commission, Legislature

Regulations can be established by the ___ if authorized by the ___?

Commission

Agency policies must be authorized and approved by the?

Conservation officers

The agency policies (once approved by the commission) are enforced by?

Technical vs. Value Judgements

must consider the effect vs. the trade-off's (pros and cons) Socially, Politically, and Ecologically

Idea for a law comes from the state agency (Ex. MDWFP) -> the law is made with commission authority -> then goes to Public Comment -> then back to commission for vote/adaption -> then to the secretary of state for approval.

How does the State Rule making process with commission authority work?

one chamber committee -> then to it's full chamber -> then to a committee of the opposite chamber -> then to it's full chamber -> then to a conference of both chambers together -> the governor for approval

How does the State Rule making process with legislative authority work?

House and Senate

What are the 2 chambers of the Legislature?

congress and the president

Most federal authority in regulation lies with?

US Fish and Wildlife Service (USFWS) & National Marine Fisheries Service (NMFS)

Most Federal Enforcement is through?

US Forestry Service (USFS), National Parks Service (NPS), Department of Defense (DOD), Bureau of Land Management (BLM), and US Fish and Wildlife Service (USFWS)

Regulations of land is mostly through?

Tribal Council

Most Tribal authority comes through?

o State Park entry and use fees

o Hunting and fishing licenses

o State hunting and fishing stamp

o WMA use permits

o Conservation Easements

o Conservation Sales Taxes

o Equipment Excise taxes

o General Fund

What are some state funding mechanisms?

VM & WA

What are the only two states with a budget directly from the state?

special projects

What is the general fund typically used for?

90%

What percentage of MDWFP's budget is from license sales & PR + DJ?

Federal funds, license sales, leases, general funding.

The Mississippi Department of Marine Resources (MDMR) gets it's funding from a combination of?

$50 million

How much in funds are in the MS Outdoor Stewardship Trust Fund (To be used for special projects)?

~ Congressional Budget support (Maintenance and Employees)

~ Federal Acts Delegates funding

~ Entry Fees

~ Philanthropy (raising money) & partnerships

~ Excise taxes

~ Special hunting stamps for conservation and land purchases

What are some Federal funding mechanisms?

They pay up front, and get 75% reimbursed from PR & DJ funds.

When a state does a project, how are they reimbursed?

The % national land area, and the % National hunting license sales

What is the minimum/ max amount of PR & DJ funds a state can get based on?

Magna Carta

Established law and due process; shifted wildlife ownership to the King in trust for landowners.

1215

What Year was Magna Carta established?

Yosemite Grant Act

Protected Yosemite Valley in California, setting early precedents for public land conservation.

1864

What Year was Yosemite Grant Act established?

Forest Reserve Act

Authorized federal protection of public forest lands from private exploitation.

1891

What Year was Forest Reserve Act established?

Lacey Act

Made interstate transportation of illegally harvested wildlife and fish a federal crime.

1900

What Year was Lacy Act established?

Weeks Act

Authorized federal purchase of private lands for public use and watershed protection.

1911

What Year was The Weeks Act established?

Migratory Bird Treaty Act (1918)

Protected North American migratory birds from unregulated taking and commercial hunting.

1918

What Year was Migratory Bird treaty Act established?

Sporting Arms and Ammunition Excise Tax (Pittman Robinson) (1919)

Went into the general US treasury, did not fund conservation

1919

What Year was Sporting arms and ammunition excise tax established?

Migratory Bird Hunting and Conservation Stamp Act (1934)

Required federal duck stamps for waterfowl hunters to fund wetland habitat acquisition.

1934

What Year was The Migratory Bird hunting and Conservation established?

Pittman-Robertson Federal Aid in Wildlife Restoration Act (Pittman-Robertson Act) (1937)

Created an 11% excise tax on firearms and ammunition to fund state wildlife restoration.

1937

What Year was the Pittman-Robertson Act established?

Bald and Golden Eagle Protection Act (1940)

Imposed strict legal protections and criminal penalties for harming or possessing eagles.

1940

What Year was the Bald and Golden Eagle Protection Act established?

Dingell-Johnson Federal Aid in Sport Fish Restoration Act (Dingell-Johnson Act) (1950)

Created a 10% excise tax on fishing tackle to support state fisheries management.

1950

What Year was the Dingell-Johnson Act established?

Sikes Act (1960)

Required natural resource management plans on Department of Defense military reservations.

1960

What Year was the Sikes Act established?

Land and Water Conservation Fund Act (1965)

Used offshore oil and gas revenues to fund public land acquisitions and recreation.

1965

What Year was the Land and Water Conservation Fund Act established?

National Wildlife Refuge System Administration Act (1966)

Established official guidelines and management criteria for national wildlife refuges.

1966

What Year was the National Wildlife Refuge System (NWRS) Administration Act established?

Wild Free-Roaming Horses and Burros Act (1971)

Protected unbranded, wild horses and burros on public lands from state roundup/slaughter.

1971

What Year was the Wild Free-Roaming Horses and Burros Act established?

Endangered Species Act (1973)

Created federal listing and strict recovery regulations for threatened and endangered species.

1973

What Year was the Endangered Species Act established?

Magnuson-Stevens Act (1976)

Established 200-nautical-mile Exclusive Economic Zones for federal marine fishery management.

1976

What Year was the Magnuson-Stevens Fishery Conservation and Management Act established?

Wallop-Breaux Amendment (1984)

Expanded the Dingell-Johnson Act by adding excise taxes on motorboat fuel and aquatic gear.

1984

What Year was the Wallop-Breaux Amendment established?

Conservation Title of Farm Bill (1985)

Directed substantial federal funding toward conservation programs on private agricultural lands. (7% of the total farm bill)

1985

What Year was Conservation Title (Title II) of the Farm Bill established?

Great American Outdoors Act (2020)

Made $900 million in annual Land and Water Conservation Fund spending permanent.

2020

What year was the Great American Outdoors Act established?

Recovering America's Wildlife Act (NOT PASSED...yet)

Over 2 billion dollars annually for support of the state wildlife action plans

It has not been passed... yet

When was the Recovering America's Wildlife Act passed?

1842 with the Martin v. Waddell case.

When did the Public Trust Doctrine begin to be developed?

Martin v. Waddell (1842)

Supreme Court case affirming public ownership of navigable waters and submerged lands under Public Trust.

Smith v. Maryland (1855)

State regulation on the harvest method of oysters

McCready v. Virginia (1876)

Prevented non-residents from planting oysters in Virginia

Manchester v. Commonwealth of Massachusetts (1891)

Regulated methods of catching Menhaden (fish)

State v. Rodman (1894)

In Minnesota a person cannot establish rights over or destroy animals without state authority.

Geer v. Connecticut (1896)

Upheld state authority to prohibit interstate export of legally harvested wild game.

Maine (1852)

The First game wardens were found in what state? in what year? (1852)

George Perkins Marsh in 1864

Man and Nature (Europe's forests were wiped out and affected WF) written by? in?

First National Wildlife Refuge (1903)

Pelican Island, Florida, created by Theodore Roosevelt to protect non-market wading birds.

New Mexico v. Mescalero Apache Tribe (1983)

Established tribal sovereignty in managing wildlife resources on tribal lands.

National Lead Ammunition Ban (1991)

Banned the use of lead shot for hunting waterfowl nationwide to prevent lead poisoning.