FW Policy & Law Enforcement Exam 2

To impact water bodies federally, it must be

water-dependent

The CZMA (Coastal Zone Management Act 1972)

- a U.S. federal law designed to encourage and assist coastal states and territories in managing their coastal resources.

- the act promotes a balance between conservation and economic development in coastal regions, including the Great Lakes.

CZMA is administered by _______ through _________

NOAA; Office for Coastal Management

The CZMA functions as a ____________ that provides _____________ to participating states.

voluntary federal-state partnership; financial incentives and regulatory authority

CZMA functions to state _______ and _______

Financial assistance; federal consistency

Federal agency actions, including those by permittees and recipients of federal assistance, must be consistent with a state's

federally approved coastal management program.

A state's Coastal Management Program (CMP) must be approved by

NOAA

A state's Coastal Management Program includes

defining the coastal zone boundaries and establishing enforceable policies for managing land and water use.

National Estuarine Research Reserve System (NERRS)

- Created under the CZMA, NERRS is a network of coastal sites established for long-term research, monitoring, and education

Coastal Zone Enhancement Program

offers incentives and funding to states to improve their coastal management efforts in key areas

Coastal Management Plan Act provisions

- Protecting natural resources

- Managing development

- Providing public access

- Coordinating state and federal actions

Coastal waters are under jurisdiction of

DMR (Department of Marine Resources)

All water bodies inland (ex. rivers and wetlands) are under jurisdiction of

DEQ (Department of Environmental Quality) and USACE (Army Corps Engineers)

THE COASTAL WETLANDS PROTECTION LAW

PUBLIC POLICY OF PRESERVING COASTALWETLANDS EXCEPT WHERE ALTERATIONSERVES A HIGHER PUBLIC INTEREST

THE MISSISSIPPI CODE, SECTIONS 49-27-THROUGH 49-27-67

Established Mississippi's public policy of wetlands protections and provided for its regulation

Coastal wetlands definition

all publicly owned lands subject to the EBB and flow of the tide

Example of regulated activity of wetlands

- Dredging

- Excavating

- Dumping fill

- Depositing soil

- Garbage

Basically any erection of structures that affect EBB and flow of the tide

SECTION 49-27-55 CIVIL LIABILITY:

Anyone who violates Wetlands protection regulations must be held responsible for the restoration of the wetlands to their previous condition prior to violation

Chancery court shall _____ and may order

allow a reasonable time for completion; punitive damages a sum not to exceed 500 dollars for each day of violation

Fines and penalties under 49-27-57

Violations are a misdemeanor and are to be punished by a fine no less than 100 but not exceeding 1000 and imprisonment not exceeding 30 years

If written objection is filed or applicant requests, a ______ must be held

Public hearing (public notice and oral testimony)

Any regulated activity taht affects any coastal wetland must have a

permit (application fee of 500 dollars required)

Individuals

Any activity that takes place waterward ofMean High Tide (MHT) that is not covered bythe General Permit guidelines

Examples of individuals

Casinos, marineas, any filling of tidal marsh or water bottoms

Consistencies

Any filling or clearing of Section 404 (non-tidal)wetlands within the three coastal counties than does not fall under a Corps of Engineers Nationwide Permit.

Examples of consistencies

Filling of wetlands for the construction of buildings

- Subdivisions

- Roads and highways

- Parking lots

- Golf courses

Jurisdictionals

A general site inspection performed to determine what activity (if any) may be done at a particular location

Examples of jurisdictionals

- Determining if tidal wetlands are present

- Determining what type of shoreline protection would be allowed

- Determining the max allowable lenght of a pier

Any regulated activity waterward of mean high tide conducted without a permit is a

DMR violation

Any regulated activity landward of Mean High Tide conducted without a permit is

a Corp of Engineers (Section 404 violation)

Waivers

Any activity waterward of MHT that doesn't adversely affect coastal wetlands

Examples of waivers

- Removal of derelict vessels

- Reconstruction of existing bridges

A bulkhead would require a _____ permit

general

A boat ramp would require a ______ permit

general

Dredging would require a ______ permit

Individual

A marina would require a ______ permit

Individual

2 technologies that led to the demise of much of America's fish and widlife

Transcontinental railroad and percussion rifle

Why are migratory birds important ecologically

Important as predators and prey

• Important for nutrient cycling

• Important indicator species

Why are migratory birds important economically

$25 million annually in MS

• $1 billion nationwide

New York Sportsmen's Club (1884)

- consisted mostly of attorneys as members

- established to protect and preserve the hunting game

- sued anyone hunting out of season

Migratory Bird Act (1913)

- Federal jurisdiction on all waterfowl and migratory birds

- Closed hunting seasons

- Ended spring hunting season

Who is empowered to set the hunting seasons

Secretary of Agriculture

Market hunting was argued against in ______ such as _______

Sportsman's journals; Field and Stream

Missouri v. Holland (1920)

Missouri argued that the constitution gave Congress no power to negotiate migratory bird hunting

Migratory Bird Treaty Act

- Originally a treaty between the U.S. and the U.K.(Canada), now extended to Mexico, Japan, and former Soviet Union

- Power to the Secretary of the Interior

- States may make rules that enforce the act or are more restrictive (but never less restrictive)

- Game bird hunting season should be closed from March 10 - September 1

MBTA restrictions on take

- 10-year closure on harvest of swans, whooping cranes, and various other migratory birds

- 5-year closure on wood ducks and eiders

- no taking nest or eggs

- Game bird hunting season should be closed from March 10 - September 1

- seasons must not exceed 3.5 months

The MBTA defined 3 groups of migratory birds

- Game birds

- Insectivorous birds (no season)

- Other non-game birds (no season)

Violations of MBTA

- Taking with intent to sell is a felony fined up to $2,000 and up to a year in jail

- Government can seige all "toy"

- Fines can reach $15,000 and jailtime up to six months for misdemeanors

Migratory Bird Conservation Act of 1929

- used for acquisition of refuges

- provided funding for conservative efforts

Where do sales of duck stamps go towards

Funding for Migratory Bird Conservation

Largest conservation effort in the world

North American Waterfowl Management Plan

Global commons

the large resource pools that aren't owned by nations and are used by everyone.

Examples of global commons

The High Seas, The Atmosphere, Antarctica, Outer Space

Territorial waters extend _____ miles from a coastline

12

The Exclusive Economic Zone extends up to

200 miles from a coast

A nation has sole rights to the

Ocean and seabed resources in its EEZ

ex. fish, oil, and gas reserves

What international treaty governs EEZ (Exclusive economic zones)

The United Nations Convention on the Law of the Sea

The Southern Ocean is managed through the

Convention on the Conservation of Antarctic Marine Living Resources (part of the Antarctic Treaty System)

The Convention on the Conservation of Antarctic Marine Living Resources attempts to

manage fishing around Antarctica

What global agreement manages ocean-floor mining

The International Seabed Authority

What two countries have commercial whaling

Norway and Japan

Future threats (most of which aren't globally managed)

- Increasing amounts of land-derived garbage in the oceans

- Increased use of the oceans for tourism

- Expansion of oil and gas drilling

- Acidification from increased carbon dioxide absorbed by the oceans

- Disagreements over the extent of EEZ

- Widespread and continued over fishing

Marine Mammal Protection Act

- First environmental law that took entire ecosystems consideration

- Primary objective is to maintain the health and stability of the marine ecosystem and to obtain optimum sustainable populations of marine mammals

Who has jurisdiction for MMPA

Secretaries of Commerce; implementation is shared between NOAA and DOI's UFAWS

Marine Mammal Commission

- Works to ensure that marine mammal populations are restored and maintained as functioning elements of healthy marine ecosystems in the world's oceans.

- Provide science-based oversight of domestic and international policies and actions of federal agencies

The Marine Mammal Commission is the only US government agency that

provides comprehensive oversight of all science policy, and management affecting marine mammals

Four taxonomic groups protected under MMPA

- Cetaceans (whales, dolphins, and porpoises)

- Pinnipeds (Seals, sea lions, and walruses)

- Sirenians (manatees and dugongs)

- Marine fissipeds (polar bears and sea otters)

Marine mammal protection Act prohibits

the "take" (harassing, hunting, and killing) of any marine mammal

Exceptions to "take"

- Pre-MMPA specimens taken before MMPA

- International agreements entered into by the U.S before MMPA

- Alaska natives

- Scientific natives and public display

- Waivers granted by the U.S government

Fines for MMPA

- Fines no more than $10,000 (Knowledge of violation will result in fines of no more than 20,000 for no more than 1 year.)

Magnuson-Stevens Fishery Conservation and Management Act

- First enacted to promote US commercial fishing off the coasts of the US.

- Established EEZ of the US

- Have been reauthorized 3 times to prioritize fisheries management, accountability, science and conservation

The MSFMCA provided management jurisdiction to

Eight regional fishery management councils with oversight from the National Marine Fisheries Service

Jurisdiction of the MSFMCA lies with

the Secretaries of Commerce, Interior, and State

Purpose of the MSFMCA

- Prevent overfishing

- Rebuild overfished stocks

- Increase long-term economic and social benefits

- Ensure a safe and sustainable supply of seafood

What are the eight 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

What do these eight councils do

Develop and recommend fishery management plans within a respective region

What is the basic too used by the MSA for the management of any stock that is determined to be in need of conservation and management

The Fishery management plan

FMA plans must specify

- the criteria to determine when overfishing is occurring

- when a stock is overfished

- the measures needed to rebuild the depleted stock

Some of the typical tools and regulations used by councils to achieve objections and other fishery management goals

- Catch limits

- Individual or community allocations

- Size or sex catch limits

- Closed areas and seasons

- Gear use

- Geographic restrictions

The council's FMP go into effect after being reviewed and approved by

NMFS (National Marine Fisheries Services)

10 national standards for management for FMP

- Prevent overfishing

- Be based upon best scientific info

- Manage individual stocks as a unit

- Not discriminate between residents of different states

- Where practicable, promote efficiency

- Take into account and allow for variations

- Minimize costs an avoid duplications

- Take into account the importance of fishery resources communities to provide for the sustained participation of, and minimize adverse impacts to, such communities

- Minimize bycatch or mortality from bycatch

- Promote safety of human life at sea

Some prohibited acts

- Engaging in fishing in any vessel after cancellation of any permit

- To refuse any officer of search or inspection

- Resisting arrest

- Ship, transport, offer, sell, purchase, import/export, or have custody of any fish taken to retained in violation.

Section 4 Listing- ESA

◼ Species are listed on the basis of “the best scientific and commercial data available”.

◼ Listings are made solely on the basis of the species’ biological status and threats to its existence.

◼ In some instances, a species which closely resembles an endangered or threatened species is listed due to similarity of appearance (“look-alike species”).

◼ The Service decides all listings using sound science and peer review to ensure the accuracy of the best available data.

Candidate Species- Section 4 ESA

◼ The USFWS maintains a list of “candidate” species.

◼ Candidate species = species for which the Service does not have enough information to warrant listing, even when species have been proposed for listing.

◼ The Service works with States and private partners to carry out conservation actions for candidate species to prevent their further decline and possibly eliminate the need to list them.

Recovery- Section 4 ESA

◼ The ultimate goal of the ESA is to “recover” species, so they no longer need protection under the law. The law provides for recovery plans to be developed describing the steps needed to restore a species.

◼ Appropriate public and private agencies and institutions and other qualified persons assist in the development and implementation of recovery plans.

◼ Involvement of the public and interested “stakeholders” in development of recovery plans is encouraged.

◼ Recovery teams may be appointed to develop and implement recovery plans.

Critical Habitat- Section 4 ESA

◼ The ESA provides for designation of “critical habitat” for listed species when judged to be “prudent and determinable”.

◼ Critical habitat includes geographic areas “on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protection.”

◼ Critical habitat may include areas not occupied by the species at the time of listing, but that are essential to the conservation of the species.

◼ Critical habitat designations affect only federal agency actions or federally funded or permitted activities.

Consultation- Section 7 ESA

◼ The law requires federal agencies to consult with the USFWS to ensure that the actions they authorize, fund, or carry out will not jeopardize listed species.

◼ If the Service determines the proposed action will jeopardize the species, they must issue a “biological opinion”.

◼ Biological opinions must offer “reasonable and prudent alternatives” on how the proposed action could be modified to avoid jeopardy to listed species.

◼ On very rare occasions the USFWS will issue a “jeopardy statement”. This decision results in the specific project being withdrawn or terminated.

International Species- Section 8 ESA

◼ The ESA is the law that implements U.S. participation in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

◼ CITES is a 130-nation agreement designed to prevent species from becoming endangered or extinct due to international trade.

◼ The ESA prohibits trade in listed species except under CITES permits.

Definition of “Take” – Section 9 ESA

◼ Section 9 of the ESA makes it unlawful for a person to “take” a listed species.

◼ The law states that “take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.”

◼ The Secretary of the Interior, through regulations, defined the term “harm” as “an act which actually kills or injures wildlife.”

◼ Such acts may include significant habitat modifications or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.

Habitat Conservation Plans – Section 10

◼ When non-Federal activities result in “take” of threatened or endangered species an Incidental Take Permit is required.

◼ A Habitat Conservation Plan (HCP) must accompany an application for an incidental take permit.

◼ Purpose of the habitat conservation planning process associated with the permit is to ensure there is adequate minimizing and mitigating of the effects of an authorized incidental take.

◼ The purpose of the incidental take permit is to authorize the incidental take of a listed species, not to authorize the activities that result in take.

Working with States- Section 6 ESA

◼ Protection of species is also achieved through partnerships with the States.

◼ Section 6 of the ESA encourages each State to develop and maintain conservation programs for resident federally-listed threatened and endangered species.

◼ Federal financial assistance and a system of incentives are available to attract State participation. State laws and regulations can be even more restrictive in granting exceptions of permits than the current ESA.

◼ The USFWS also provides financial and technical assistance to landowners to implement management actions on their lands to benefit listed and non-listed species.

Cites established

entered into force in 1975 and only treaty to ensure international trade in plants and animals does not threatened survival in wild

Leadership in CITES

• USFWS partners with other federal and state agencies, industry groups, and conservation organizations to implement CITES in the US

• USFWS Division of Management Authority oversees rulemaking and issuance of permits-certificates

• Division of Scientific Authority provides technical and scientific advice to implement CITES, and evaluates status of species to guide decisions concerning inclusion in CITES Appendices

CITES Permit system

a CITES permit is required to import or export any CITES-listed species, including live specimens, parts, products, or pets

6 Geographical Regions of CITES

Africa, Asia, Europe, North America, Central and South America and the Caribbean, Oceania

Roles of the Regions

Serve as primary representation on CITE’s Advisory Committees

Parties within each region elect representatives to serve on committees

These representatives ensure that unique conservation issues and perspectives of their region are considered in convention’s work

CITES Appendix I

-Most Endangered

• Protection Level: provides the highest level of protection for species threatened with extinction

• Trade Rules: Commercial international trade is generally prohibited and only allowed in exceptional, noncommercial circumstances, such as scientific research

• Examples: gorillas, sea turtles, giant pandas, tigers, and pangolins

CITES Appendix II

-Requires Control to prevent extinction

• Protection level: Includes species not yet threatened with extinction but that could become so without strict trade controls.

• Trade rules: Permitted international trade requires an export permit from the exporting country, which must first determine that the trade will not harm the species' wild population.

• Examples: American ginseng, American alligators, mahogany, great white sharks, and giraffes

Appendix III

Protected by at least one country

• Protection level: Covers species that are protected in at least one country that has requested assistance from other CITES Parties to control trade.

• Trade rules: Trade requires an export permit from the listing country or a certificate of origin from other countries.

• Examples: Walruses and Cape stag beetles