Wildlife Policy Final Material

Fish and Wildlife Coordination Act

provides a basic procedural framework for the orderly consideration of fish and wildlife conservation and enhancement measures in federally constructed, permitted, or licensed water development projects.

Purpose of FWCA

1. to recognize the vital contribution of our wildlife resources to the Nation and the increasing public interest and significance of expansion of the national economy and other factors

2. to provide that wildlife conservation is to receive equal consideration and be coordinated with other features of water resource development programs

Fish and Wildlife Coordination Act

What was the first act to bring the coordination of agencies

Wildlife is held in the public trust

• Eliminating commerce in dead wildlife

• Allocating wildlife use through law

• Hunting opportunity for all

• Wildlife may be killed only for legitimate reasons

• Wildlife is an international resource

• Science is the basis for wildlife policy

Seven Sisters of Conservation

Oceans

separate continents and are deep

Seas

smaller, shallower bodies of water enclosed by land on two or more sides

Great Pacific Garbage Patch

Located in North Pacific Ocean; comprised of microplastics; 1M square miles

Larger plastic debris issues

ghost nets entangle marine life and ingestion of microplastics by marine life leads to internal injury, starvation and bioaccumulation of toxins

Global commons

large resource pools which are not used by nations and are used by everyone (Antarctica and much of the Artic Ocean); lack of ownership risks lack of management

Law of the Sea

international legal framework from 1982 United Nations Convention on the Law of the Sea (UNCLOS), that governs all aspects of oceans and their resources.

Establishes maritime zones, and sets rules for navigation, environmental protection, resource exploitation, and dispute settlement

Goal of Law of the Sea

to maintain order and peace at sea, protect the marine environment, and ensure fair use of the seas

Maritime Zones

Territorial Sea (12nm)

Contiguous Zone (24nm)

Exclusive Economic Zone (200 nm)

High Seas Treaty

also known as the Beyond National Jurisdiction (BBNJ) agreement, it is a legally binding instrument under the 1982 UN Convention on the Law of the Sea (UNCLOS) and is intended to ensure the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.

Four Parts of High Seas Treaty

Marine Protected Areas- creates mechanism to establish these

Marine Genetic Resources- creates rules for sharing of benefits

Environmental Impact Assessments- EA's for deep sea mining and drilling

Capacity Building and Technology Transfer- promotes transfer of knowledge and technology

High Seas Treaty

First comprehensive legal framework to protect biodiversity on the high seas

Exclusive Economic Zones

area in which resources found up to 200 nautical miles offshore belong exclusively to the geographically bordering country

Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)

The Southern Ocean is managed through...

Antarctic Treaty System

An agreement made in 1961 to manage fishing around Antarctica, especially the fishing of krill which is important to the whole marine food-web

Bottom Waters Formation along Continental Shelf

of Antarctica

Super cooled surface waters from high winds

Expels salt upon freezing, becoming more dense

Surface waters sink and spill off continental shelf

as Antarctic Bottom Waters moving north into Atlantic Ocean and east toward Mediterranean Sea and Indian & Pacific Oceans

Process drives ocean circulation as conveyor belt

process

International Convention for the Prevention of Pollution from Ships (MARPOL)

1973- bans dumping of waste and release of pollution from ships at sea

MARPOL annexes

oil discharges from ships

noxious liquid substances carried at sea in packages

sewage

garbage

air pollution from ships

International Seabed Authority

Organize, regulate, and control all mineral-related activities of the Seabed and Ocean Floor beyond the limits of national jurisdiction

Seabed

comprises 50% of the world's total ocean floor and its resources are "common heritage of all humankind"

1986

commercial whaling global ban since

International Whaling Commission

Establishes sanctuaries, designates open and closed seasons and areas for hunting, and protects specific species and calves, and supports sustainable whale watching for tourism

Japan and Norway

which countries still have commercial whaling

Marine Mammal Protection Act of 1972 enacted

Enacted on October 21, 1972, it was the first environmental law that took entire ecosystems consideration

MMPA 1972 primary objective

objective of marine mammal management should be to maintain the health and stability of the marine ecosystem and, when consistent with that primary objective, to obtain and maintain optimum sustainable populations of marine mammals

Secretaries of Commerce and Interior

who has granted jurisdiction for MMPA

NOAA's (NMFS) and DOI (USFWS)

Implementation of the MMPA is shared between

whales, dolphins, porpoise, seals, and sea lions

NMFS manages

manatee, dugong, sea otter, walrus and polar bear

USFWS manages

Marine Mammal Commission

independent government agency charged by the Marine Mammal Protection Act to further conservation of marine mammals and their environment to ensure that their populations are restored and maintained

Marine Mammal Commission is

Unique Role; they are the only US government agency that provides comprehensive oversight of all science, policy, and management actions affecting marine mammals

cetaceans (whales, dolphins, and porpoises), pinniped (seals, sea lions, and walruses), sirenians (manatees and dugongs), and marine fissipeds (polar bears and sea otters)

Marine Mammals are classified into four different taxonomic groups

the "take" of marine mammals in US waters and by US citizens on the high seas, and the importation of marine mammals and marine mammal products into the US.

MMPA prohibits

Take

defined as harassing, hunting, killing or capturing any marine mammal, or attempting to do any of the above

harassment

explained in the law as any act of pursuing, tormenting or purposefully attempting to annoy a marine mammal.

Exceptions to Take

Pre-MMPA specimens taken before December 21, 1972

●

International Agreements entered into by the United States before December 21, 1972

●

Alaska natives

●

Scientific research, public display, enhancing the survival or recovery of a species, and incidental take in commercial fisheries

●

Waivers granted by the US Government

T or F: State officers designated by the Secretary can function as Federal law enforcement agents (MDWFP or MSDMR).

True

MMPA Penalties and Fines

Fines

●

Violation will result in a fine of not more than $10,000 (each violation).

●

Knowingly violating provisions or permits will result in a fine of not more than $20,000 and/or imprisonment for not more than 1 year.

●

Exception - incidental mortality or serious injury of marine mammal as a result of commercial fishing operations.

Penalties

●

Seizure of vessel and cargo or equivalent monetary value of cargo.

●

Vessel may remain seized until fines are paid (not more than $25,000).

200,000

- 300,000 dolphins killed annually by ETP tuna fishing fleet by 1970 by chasing and setting purse seines around dolphins at surface with intent to net yellow-fin tuna swimming at depth in association with dolphin pods; 7 million dolphin deaths estimated since late 1950s

What led to Marine Mammal Protection Act of 1972?

Back-down technique

allowed dolphins to escape seine by swimming over the float line while tuna remained deeper within the nets; nets with finer mesh at surface to avoid snagging dolphins by their beaks and fins

Dolphin safe tuna labels

prohibited any tuna caught while intentionally netting dolphins

(Dolphin Protection Consumer Information Act)

Top Depleted Fish Stocks in World's Oceans

Bluefin Tuna (Atlantic; Pacific; Southern)

Atlantic Cod (collapsed in 1990s off

Canada's east coast and North Sea populations

Atlantic Halibut

Sharks

Monkfish

Pacific Salmon (impacted in blue water

and dams on natal rivers)

Goliath Grouper (South Florida

- decimated)

Patagonian Toothfish

- Chilean Sea Bass vulnerable to overfishing due to slow growth and reproductive capacity

Magnuson-Stevens Fishery Conservation and Management Act (MSFMCA) 1976

to promote US commercial fishing off the coasts of the United States by "consolidating control over territorial waters" after widespread intrusion of foreign fishing vessels. This law established the exclusive economic zone (EEZ) of the United States

MSFMCA Purpose

Prevent overfishing

•

Rebuild overfished stocks

•

Increase long-term economic and social benefits

•

Ensure a safe and sustainable supply of seafood.

MSFMCA 8 regional fishery management councils

New England, Mid-Atlantic, South-Atlantic, Caribbean, Gulf of Mexico, Pacific, Western Pacific, North Pacific

Each council is comprised of members nominated by the governors of their respective states and appointed by the Secretary of Commerce.

Regional Fishery Management Councils

charged with developing and recommending fishery management plans for each stock within a respective region, and the federal government is responsible for developing the Fishery Management Plans for some highly migratory species, such as sharks.

Fishery Management Plans

The Magnuson-Stevens Fishery Conservation and Management Act requires that a Fishery Management Plan (FMP) must be developed for any fishery requiring conservation and management. An FMP identifies any problems in a fishery and imposes management measures in the form of fishing regulations designed to correct the problems.

10 National Standards for Management MSFCMA

Prevent overfishing while achieving

optimum yield

Be based upon the best scientific

information available.

Manage individual stocks as a unit

throughout their range, to the extent practicable; interrelated stocks shall be managed as a unit or in close coordination.

Not discriminate between residents of

different states; any allocation of privileges must be fair and equitable.

Where practicable, promote efficiency,

except that no such measure shall have economic allocation as its sole purpose.

Take into account and allow for variations among and contingencies in fisheries, fishery resources, and catches.

Minimize costs and avoid duplications, where practicable.

Take into account the importance of fishery resources to fishing communities to provide for the sustained participation of, and minimize adverse impacts to, such communities (consistent with conservation requirements).

Minimize bycatch or mortality from bycatch

Promote safety of human life at sea

Standardized Fishing Vessel Registration and Information Management System

Necessary information for fishing vessel registration

1. Name/official number of the fishing vessel & name/address of the owner

2. Gross tonnage, vessel capacity, type, and quantity of the fishing gear used along with identification of the fisheries participated in

MSFCMA Enforcement

Department

of Defense, United States Coast Guard, Federal agencies (USFWS, NOAA, USCG).

Detect, monitor, and prevent

violationsallfisheries under the jurisdiction of the United States.

In

the case of fisheries not under the jurisdiction of the US, fullest extent permitted underinternational law

MSFCMA Penalties and Fines- Civil Penalties

A civil penalty may not

exceed $100,000 for each violation.

Each day of continued

violation = separate offenses.

Penalty assessed by the

Secretary or his designee by written notice

MSFCMA Penalties and Fines- permit sanctions

Anyone with a permit who has

violated rules, regulations, or laws under the act:

Permit revoked,

suspended, or denied

Additional restrictions added

Transfer (by any

means) of vessel does not extinguish sanction

Permit reinstated after

payment of fine

No sanction imposed

before a hearing on facts of violation

MSFCMA Penalties and Fines- Fines

Criminal Offenses:

Violation under Subsection (a) (1): not more

than $100,000, or imprisonment for not more than 6 months, or both

If person has weapon or puts officer in fear

of or causes bodily harm: not more than $200,000, or imprisonment for not more than 10 years, or both.

Violation under subsection (a) (2): not more

than $200,000

Oil Pollution Act

Act signed by George H. Bush in 1990,primarily in response to Exxon Valdez oil spill in Prince WilliamSound, Alaska that discharged more than 10 million gallons of crudeoil into the Prince William Sound

Oil Pollution Purpose

Act was designed to expand oil spill prevention measures and toestablish new requirements for oil transportation, cleanups, andresponse capabilities of the federal government and industry

National Oil Spill Liability Trust Fund (OPA)

Provides up to one billion dollars per spill incident

OPA Section 311 CWA/Water Pollution Control Act Amendments

changes to federal response authority- penalty increases for oil spills- establishment of U.S. Coast Guard response organizations- mandated tank vessel and facility response plans and- formulation of area contingency plans for selected areas

True

T or F: Under the OPA, the owner or operator of a facility from which oil is discharged (the responsible party) is liable for the costs associated with containment or cleanup of the spill and any damages

5% tax on every barrel of imported or domestic oil

Oil Spill Liability Trust Fund receives primary revenue from what?

Office of Pipeline Safety (OPS)

Under OPA, this office is responsible for implement the act for onshore pipelines.

Their objective is to decrease the potential for pipeline spills, diminish environmental consequences of spills, and ensure quick response and well-planned spill cleanup

OPA Title I, section 1012

provided for the uses of the oil pollution fund. In addition to response costs, the fund may be used without appropriations to pay the costs of assessments, as well as to pay claims for natural resource damages if there are no funds or insufficient funds from a responsible party.

$1,200 per gross ton or 10 million

OPA Title I, section 1012 states tank vessels larger than 3,000 tons pay

go back to oil pollution act!

Multiple-Use Sustained Yield Act

requires USFS to manage national forests to provide range of public uses(multiple use) & ensure long-term productivity of land and availability of renewable resources (sustainable yield)

True

T or F: MUSYA does not affect administration of mineral resources or state responsibility with fish and wildlife in national forest (Section 1)

Multiple Use Requirement

requires the FS to balance outdoor recreation, range, timber, watershed, and wildlife & fish purposes in management of national forests

False

T or F: Provides multiple-use management does require FS to achieve highest dollar return or unit output on forests

Sustained Yield

high level output of renewable resources in perpetuity without impairment of land productivity (Section 4)

Forest & Rangeland Renewable Resources Act of 1974

required federal agencies to develop resource management plans on land affected by their actions (assessment of nation's public and private renewable resources)

Secretary of Ag 10 year Renewable Resources Assessment

every 10 years addressing

: Present & anticipated uses and demands for renewable resources

Opportunities to increase this supply

Description of FS programs for research and management of National Forest System

Policy considerations expected to influence use, ownership, & management of forest & range lands

Renewable Resources Assessment items

Potential impacts to global climate change on conditions of renewable resources & use of forestry to reduce the risk - carbon sequestration

Fiber potential in national forests & issues affecting development and sale of wood products

Wood wastes & wood product recycling Evaluation of nation's milling & wood fiber manufacturing facilities & operations

Reforestation Trust Fund

Multiple-Use Sustained Yield act establishes this to fund replanting and identified treatments

MUSYA Sec of USDA annual report

this annual report to congress reports about:

- amounts, types, and uses of herbicides & pesticides used in national forests

-estimates of sums necessary to replant and treat all lands being harvested during that year in the National Forest System

Jurisdiction

1) the authority or power to legislate or develop regulations

2) the authority to interpret, apply, and enforce law

3) the geographic area where such authority or control can be exercised

states, federal government, and Indian tribes

who has jurisdiction over wildlife?

states, federal government, and Indian tribes

These 3 entities routinely establish mutual aid, reciprocity, and shared enforcement agreements that give law enforcement of each legal jurisdiction to enforce specified federal laws and vice-versa.

Does not mean that the 3 entities have the same laws and regulations on areas under their authority.

Slip Law

a bill or constitutional amendment resolution printed

individually in its approved form after being enacted into law

can be classified as either a public law or private law

Session Law publications

At the end of each Congressional Session, the statutes enacted during that session compiled into bound books known as

United States Statutes at Large

session law publication of the US federal statutes

U.S Code

The comprehensive and systematic collection of federal laws currently in effect.

Administrative Procedures Act

(One of the most important pieces of US administrative law)

federal statute that governs the way in which administrative agencies of the federal government may propose and establish regulations

To regulate, standardize, and oversee these federal agencies.

Granted US Federal Courts oversight over all agency actions

why was APA 1946 enacted?

APA Basic Purposes

1) Require agencies to keep the public informed of their organization, rulemaking procedures and rules;

2) Create uniform standards for rulemaking;

3) Provide for participation in rulemaking;

4) Define the scope of judicial review;

5) Provide the courts with a framework for reviewing rules

DOI departments/agencies

National Park Service (NPS), Fish & Wildlife Service(FWS), Bureau of Land Management (BLM), U.S. Geological Survey(USGS); Bureau of Indian Affairs (BIA)

USDA departments/agencies

U.S. Forest Service (FS); Natural Resources Conservation Service (NRCS); Animal and Plant Health Inspection Service (APHIS)

DOC departments/agencies

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA)

DOD departments/agencies

US Army Corps of Engineers (USACE)

Independent Agencies

Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC)

APA 1946 Steps 1-3

1) Before an agency can issue rules, it must have statutory authority to do so (spelled out in law).

2) Federal agencies are required to produce annual rulemaking planning document to give notice to the public on upcoming rulemaking.

3) Engage stakeholders formally or informally. To engage formally they must post an Advance Notice of Proposed Rulemaking in the Federal Register

APA 1946 Step 4

4) After researching and writing rules, agency submits a Notice of Proposed Rulemaking to the Federal Register which has several parts:

Summary - A statement describing the issue the proposed rules addresses and how the rule addresses the issue

Dates - Date when public comment period closes

Addresses - The methods by which a citizen or group may comment on the proposed rules

Supplementary Info - Benefits of the proposed rule, key data/info used in rule writing, explanation of public policy choices made and citation of legal authority to enact the proposed rule

APA 1946 Step 5 and 6

5) Public Comment: Period usually runs from 30-60 days (up to 180 in complex rules). If revisions are made they must propose a Notice of Revision of Proposed Rulemaking to the Federal Register.

6) Once proposed, commented on and revised as necessary, it publishes the Final Rule in the Federal Register with another comment period, usually 30 days

Negotiated Rulemaking Act of 1990

Encourages administrative agencies to engage in direct and open negotiations with affected interests when developing new regulations

Federal Register

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.

Rules and regulations issued by federal administrative agencies are published chronologically

Code of Federal Regulations

After adoption, Rules and regulations are then organized by topic by Office of the Federal Register and the Government Publishing Office in this separate publication that is a reference work that compiles regulations of all agencies in a series of volumes

analogous publications

If publication of regulations is compared to publication of statues, the Federal Register is analogous to the US Statutes at Large, and the Code of Federal Regulations in analogous to the US Code

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people. (United States)

Problems with Representative Democracy

Corruption

Politics makes strange bedfellows

Often it is not the public interest, rather that of special interests