F&W Policy and Law Enforcement test 2

Missouri v. Holland (1920)

A Supreme Court case affirming federal treaty power over migratory birds beyond state control

Migratory Bird Treaty Act (MBTA)

Federal law prohibiting hunting, capturing, or selling migratory birds; states may enforce stricter rules

Section 49-27-55 (MS Wetlands Law)

Establishes civil liability for wetlands violations; requires restoration and fines up to $500/day

Section 49-27-57 (MS Wetlands Law)

Defines criminal penalties for wetlands violations; fines $100–$1,000 and up to 30 days jail

Public Hearing Requirement

Triggered when written objection is filed or applicant requests it for coastal wetland permits

CITES

International treaty regulating trade in endangered species to prevent extinction

CITES Appendix I

Species threatened with extinction; trade allowed only in exceptional cases with strict permits

CITES Appendix II

Species not yet endangered but at risk; trade allowed with export permits and monitoring

CITES Appendix III

Species protected in one country; trade requires documentation and international cooperation

CITES Enforcement in the U.S.

Managed by U.S. Fish and Wildlife Service; monitors imports/exports and investigates violations

Curtilage

Area immediately around a home (yard, driveway); protected by Fourth Amendment from warrantless searches

Open Fields Doctrine

Open lands beyond curtilage are not protected by Fourth Amendment; may be searched without a warrant

Factors Determining Curtilage

Proximity to home, enclosure, domestic use, and privacy efforts

United States v. Dunn (1987)

Supreme Court ruled a barn 60 yards from a house was not curtilage and could be searched

Implications for Wildlife Enforcement

Officers may inspect open fields without a warrant but must respect curtilage boundaries

Migratory Bird Conservation Act (1929)

Provided funding for wildlife refuges to protect migratory birds

Duck Stamp Revenue

Funds go to Migratory Bird Conservation Fund for habitat acquisition and maintenance

Marine Mammal Protection Act (MMPA)

Prohibits 'take' of marine mammals; aims to maintain healthy ecosystems and populations

MMPA Jurisdiction

Shared by NOAA and Department of the Interior’s U.S. Fish and Wildlife Service

Marine Mammal Commission

Provides science-based oversight of marine mammal policy and conservation

MMPA Protected Groups

Cetaceans, Pinnipeds, Sirenians, Marine fissipeds

MMPA Exceptions to 'Take'

Includes pre-MMPA specimens, Alaska Native use, scientific research, public display, and waivers 

MMPA Penalties

Violations may result in fines up to $10,000; knowing violations can lead to $20,000 and 1 year in jail

Coastal Zone Management Act (CZMA)

1972 law encouraging states to manage coastal resources through voluntary partnerships

CZMA Administrator

NOAA Office for Coastal Management

Federal Consistency Requirement

Federal actions must align with a state’s approved Coastal Management Program

National Estuarine Research Reserve System (NERRS)

Network of protected coastal sites for research, monitoring, and education

Coastal Zone Enhancement Program

Provides funding to improve coastal management in priority areas

Coastal Waters Jurisdiction

Managed by Department of Marine Resources (DMR)

Inland Waters Jurisdiction

Managed by DEQ and U.S. Army Corps of Engineers (USACE)

Coastal Wetlands Definition

Public lands subject to ebb and flow of the tide

Regulated Wetland Activities

Dredging,  excavating, dumping fill, depositing soil or garbage, erecting structures

Permit Requirement for Coastal Wetlands

Regulated activities require a permit with $500 application fee

Jurisdictional Determination

Site inspection to assess wetland presence and allowable activities

Exclusive Economic Zone (EEZ)

200-mile zone from coast with exclusive rights to marine resources

EEZ Governance

Regulated by United Nations Convention on the Law of the Sea

Global Commons

Resources not owned by any nation: high seas, atmosphere, Antarctica, outer space

Southern Ocean Management

Governing body is the Convention on the Conservation of Antarctic Marine Living Resources

International Seabed Authority

Regulates ocean-floor mining in international waters

Magnuson-Stevens Fishery Conservation and Management Act (MSFMCA)

U.S. law establishing EEZ and sustainable fisheries management

Fishery Management Plan (FMP)

Tool used to manage fish stocks; includes overfishing criteria and rebuilding strategies

Regional Fishery Councils

Eight councils develop FMPs; members nominated by governors and appointed by Secretary of Commerce

FMP Approval

FMPs go into effect after review and approval by National Marine Fisheries Service (NMFS)

FMP Management Tools

Catch limits, size/sex restrictions, closed seasons, gear regulations, geographic closures

National Standards for FMPs

Ten standards, including preventing overfishing, using the best science, minimizing bycatch, promoting safety

Prohibited Acts under MSFMCA

Fishing after permit cancellation, refusing inspection, resisting arrest, illegal sale or transport