Law and Policy exam 2

Caucus

a group of people with similar political views advocating for common goals or objectives

NGO

non-governmental org. that are often tax exempt. 501-C3

3Rs for hunters and anglers

recruitment retention reactivation

(3R’s) Recruitment

Recruiting new participants into hunting and fishing

(3R’s) Retention

Keeping current hunters and anglers active

(3R’s) Reactivation

Bringing back former hunters and anglers whose participation has lapsed

Omnibus bill

law that includes various programs and policies

Eutrophication

nutrient rich system that causes algae growth that can remove oxygen from water once it dies.

Point source pollution

traceable unwanted substance entering another system from specified location

Non-point source pollution

untraceable unwanted substance from unspecified location

Mitigation

reducing or compensating damage by replacing lost functions elsewhere

The Congressional Sportsmen’s Foundation

NGO based in Washington D.C. with 25 person staff nationwide

The 3 main objectives for The Congressional Sportsmen’s Foundation

o science based policy

o to put sports men and women at political tables

o protect access and opportunity for hunting and fishing

The Congressional Sportsmen’s Foundation “No Net Loss” goal means

Protecting public lands for public access

The Congressional Sportsmen’s Foundation is funded by

Private funding through donations

Roadless rule

debate over protection vs access for management of land

Another goal of The Congressional Sportsmen’s Foundation is to put what in schools?

Hunters education

What was the goal of the Oregon bill and was it turned down?

To ban all industries that harm all animals. It was voted down

The MS bill voted down in spring 2026 wanted to what?

Require a Bear Hunt

24 States have passed constitutional rights to

hunt and fish

What percent of US land is private?

60%

What percent of US land is managed as cropland, rangeland, pastureland, or forestland

75%

What percent of cropland, rangeland, and pastureland is private

77%

What percent of forestland in the US is private?

63%

When was the Farm Bill initially passed and what was it’s original name?

Agricultural Adjustment Act

Why did the Farm Bill pass? (2 reasons)

In response to food prices from The Great Depression and soil damage from the Dust Bowl

Who is the Farm Bill administered by?

USDA, Natural Resources Conservation Service, and Farm Service Agency

What does the Farm Bill establish in terms of soil and water?

soil and water conservation districts for management at local level

What does the NRCS administer and what does it monitor?

administers the national resources inventory to monitor changes in private land, soil, and water

Which Farm Bill established Title II and what does it include?

1985 Farm Bill and includes the conservation reserve program for soil and wetland loss

What did the 1990 Farm Bill Establish?

several programs to incentivize conservation on private lands

Sod Buster Provision

conservation requirements for new and active farmland

Swamp Buster Provision

conservation requirements to reduce wetland loss

Conservation Reserve Program (CRP)

rental and cost-sharing to keep sensitive land out of production

Wetland Reserve Program (WRP)

repair, preserve, and improve wetlands

Stewardship Incentive Program

encourage forest stewardship

Wildlife Habitat Incentives Program (WHIP)

repair and improve habitat for fish and wildlife

Environmental Quality Incentives Program (EQIP)

address several issues, including at-risk species

Grassland Reserves Program (GRP)

Restore and protect grasslands

Conservation Stewardship Program (CSP)

increased funding for conservation on active farmland

Healthy Forests Reserve Program (HFRP) and what Title is it part of?

Part of Title VIII, funds forest ecosystem conservation

What did the 2014 farm bill do? (2)

Merged WHIP and EQIP and Moved WRP and GRP into the new Agriculture Conservation Easement Program (ACEP)

What was the last fully negotiated Farm Bill and what did it include?

2018 Farm Bill: Includes CRP, EQIP, CSP, and ACEP

What did the 2025 renewal of the Farm Bill approve?

73 Billion $ for Title II over the next 10 years

What Title and Chapter are most of the MS Conservation Law Enforcement laws in?

Title 49, Chapter 7

An administrative rule is passed by the MDWFP Commission by authority of the MS legislature, what happens next? (2)

o public comment period open for 30 days

o proposes rules and regulations

Regulations should be science-based and stakeholder opinion matters, but

politics come into play

4 Classes of Violations

o 0- These are felonies. Fine amount not stated. Wide range of laws and penalties

o 1- Serious misdemeanor, 2-5,000$ fine, jail time, loss of hunting and fishing license

o 2- 100-500$ fine, season violations

o 3- 25-100$ fine, not having WMA permit, fall arrest system, and other safety violation

Laws are made by the MS Legislature by passing

both houses of State congress

MS CLE officers are dually sworn to enforce federal laws such as

migratory bird hunting

Evidence is key. You must do what with evidence once you find it?

do not disturb, take photos, collect and document, use appropriate chain of custody

MS CLE Jurisdiction is

Statewide and includes all of MS laws

High fence facilities with native species are in who’s jurisdtiction

MDWFP

How many acres of wetlands were there in 1600, and what percentage has been lost since then?

220 million acres, 50% lost

What did the Rivers and Harbors Act of 1899 do?

banned dumping of solid waste (excluding sewage and runoff) and building of structures into navigable waterways without a permit from the US Army Corps of Engineers

What was the first federal regulation of water pollution

1948 federal water pollution control act

What caused the hypoxic dead zone in the Gulf

Nutrient run-off causing phytoplankton blooms that die, using O2

What year did environmental activism grow?

1960’s

What book written by who and when grew awareness of pollution

Rachel Carson Silent Spring 1962

What year was the first earth day?

1970

What two years were The Clean Water Act (CWA) of 1972 amended?

1977 and 1987

The Clean Water Act requires that all contaminated water be treated before discharge into surface waters to maintain what 3 things of our Nations waters?

maintain chemical, physical, biological integrity of our nations waters

The Clean Water Act is aimed to make all waters what 3 things?

Swimable, Fishasble, Drinkable

The CWA is now overseen by what agency? But some permitting also goes through what agency?

Evironmental Protection Agency (EPA), USACE

A 1987 amendment said that any discharge without permit is prohibited in “navigable waters” defined as

waters of the United States, including isolated wetlands

The CWA of 1972 requires discharge permits. Discharge includes:

Pollutants, dredge, and fill

The CWA of 1972 controls what to protect people?

Bacteria levels

Section 303 of the CWA 1972

Identify impaired waters and limit the load of pollution to protect human health

Section 401 of the CWA 1972

Established state water primacy- state agency regulates water quality, (MDEQ for MS)

Section 402 of the CWA 1972

National Pollution Discharge Elimination System (NPDES) to regulate point-source

Section 404 of the CWA 1972

Permitting for wetland fill and mitigation. The goal: “No net loss”

What agency implements fill permits and mitigation?

USACE

The Environmental Protection Agency (EPA) also gives regulatory authority to (5)

USFWS, NMFS, NRCS, MDEQ, MDMR

What are the 4 things section 404 does to reach “No net loss”

Creation, restoration, enhancement, preservation

Mitigation Banks

paying for wetland restoration to use wetlands somewhere else

Section 404 “No net loss” avoids wetland loss, reduce wetland loss, replace wetland loss. aka (3):

avoidance__, minimization, __compensation_

What was the court case and year where A housing developer filled in a wetland. ACE sued. Developer won?

US vs Riverside Bayview 1976

What happened in the SWANC vs USACE court case in 2001

SWANC used an old gravel pit mine as a landfill. ACE sued because of a 1986 rule that isolated wetlands supporting migratory birds were protected by CWA. Supreme Court of U.S. determined that the definition of “navigable water” was used too broadly and that an area that could be used by migratory birds could cover too many bodies of water

What happened in Carabell and Rapanos 2006

Two developers filling wetlands were denied permits by ACE. SCOTUS failed to decide, ultimately saying that ACE had to apply a “significant nexus test” on each water body in question to prove it affects the chemical, physical, and biological integrity of a navigable waterway.

What happened in County of Maui v. Hawaii Wildlife Fund 2020

SCOTUS decided discharges of waste into groundwater can change significantly before reaching a navigable waterway and therefore are not all covered by CWA.

Sackett vs EPA 2023

SCOTUS eliminated the significant nexus test and said that CWA waters must have a continuous surface connection to a permanent navigable waterway

San Francisco v. EPA 2025

SCOTUS determined that EPA must give specific steps to ensure water quality standards rather than the vague requirement for municipalities to maintain water quality

The Coast Zone Management Act (CZMA): Year and purpose

1972 Supports states to balance protection and development

What agency is The Coast Zone Management Act (CZMA) 1972 administered by

NOAA

Mississippi Coastal Program- Coastal Wetlands Protection Act year and purpose?

1973 Protects coastal wetlands and regulates certain activities

MDMR regulates

everything from mean high tide to water

USACE regulates

All waters of US

The National Wildlife Refuge Administration Act year and purpose

1966 , The USFWS National Wildlife Refuge System serves as network of lands and waters for conservation and recreation in the United States

The National Wildlife Refuge System Improvement Act year and purpose

1997. Requires Comprehensive Conservation Plan (CRP) and must be updated every 15 yrs

What are the 4 things requried in an Comprehensive Conservation Plan (CRP)?

o must have habitat management plan

o must have inventory and monitoring plan

o must have visitor service plan

o must have organizational chart

What in 2001 was required to be maintained in NWR’s?

BIDEH (Biological Integrity Diversity, and Environmental Health) 2001

Endangered Species Act (1973) 4d exemptions:

activities that allow take of threatened and endangered species or essential habitat

What are the 3 Levels of the National Environmental Policy Act of 1969

Process, Environmental Assessment, Environmental Impact Statement

NEPA level: Process

If action was already established, and didn’t cause issues it can happen because categorical exclusion

NEPA level: Environmental assessment

If action new or different it is assessed but could lead to FNSI (Find No Significant Impact)

NEPA level: Environmental Impact Statements

If there will be impact you need a plan to limit impact

Section 7 of the ESA 1973 requires federal agencies to

cooperate and plan to prevent any harm to threatened and endangered species

Recovery vs Jeopardy in the ESA 1973

Recovery of species allows for more flexibility in actions than when they are in jeopardy

The federal government owns how many acres and what percentage of US land?

640 million acres, 28% of US land

What agencies is the Sikes Act of 1960 administered by? (4)

NPS, USFWS, BLM, and USFS