Transcript Document

FEDERAL WILDLIFE
LAWS
Agriscience 381
Wildlife and Recreation Management
8983-B
TEKS: (c)(2)(C)
Introduction
Laws of nature are different than
human laws regarding wildlife.
In nature, the basic law is the
survival of the fittest.
Human laws work to protect people
more than nature.
In nature, the number of animals in
a species population depends on the
food supply.
Photo by Steve Hillebrand courtesy of U. S. Fish and Wildlife Service.
The early rules of regulating wildlife
were simple:
• if it damages your property,
destroy it;
• if its hide or carcass had value,
market it; or
• if its meat was tasty, process it.
Photo by R. D. Hildebrand courtesy of U. S. Fish and Wildlife Service.
Today, there are more than 175
federal wildlife and related laws.
Most of these were actually passed
into law since 1980.
Even the term “wildlife law” did not
exist until 1977.
Federal law is also involved with
international regulations.
One international involvement is the
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES).
Its concern is primarily with
threatened and endangered animal
and plant species.
Photo by John and Karen Hollingsworth courtesy of U. S. Fish and Wildlife Service.
Two other federal laws with
international wildlife concerns are:
• African Elephant Conservation Act,
and
• Antarctic Conservation Act.
Photo by Gary Stolz courtesy of U. S. Fish and Wildlife Service.
Purpose of Legislation
The basis of all wildlife legislation is
the well-being of wildlife resources.
Photo by Dave Menke courtesy of U. S. Fish and Wildlife Service.
Legislation may:
• address an individual species;
• cover a broad area;
• protect habitat, animals, or plants;
and
• not affect citizens of other countries.
Habitat Legislation
Habitat is any area where animals live.
Habitat is the total collection of land,
plants, and water for most game
animals.
Photo courtesy of U. S. Fish and Wildlife Service.
Federal government owns one-third of
all the land in the United States.
The land and wildlife are managed by
the National Wildlife Refuge System.
Photo by Dave Spencer courtesy of U. S. Fish and Wildlife Service.
Co-management of lands was
necessary in some cases.
The Bureau of Land Management
(BLM) managed the grazing use of
“game ranges” by private cattlemen.
Photo courtesy of U. S. Fish and Wildlife Service.
In 1976, the Fish and Wildlife Service
became the sole administrator.
Some federal lands serve as “multiple
use” land.
The National Forest
System is one type
of “multiple use”
management.
Photo by Tupper Blake courtesy of U. S. Fish and Wildlife Service.
The purposes of the Forest Service
Organic Administration Act of 1897
(Organic Act) are:
• protection of the forest;
• secure favorable water flows; and
• supply timber.
Photo by William Vogel courtesy of U. S. Fish and Wildlife Service.
Game Legislation
Maintaining wildlife programs is not
free.
Photo by Pat Hagan courtesy of U. S. Fish and Wildlife Service.
With wildlife management, the
majority of the funds come from those
individuals who use the resources.
This is done largely through the use
of license fees, but these fees are not
enough.
Photo by F. Eugene Hester courtesy of U. S. Fish and Wildlife Service.
Five major funding acts provided
financing to wildlife programs.
• The Migratory Bird Hunting Stamp Act
• The Federal Aid in Wildlife Restoration
Act
• The Federal Aid in Fish Restoration Act
• The Fish and Wildlife Conservation Act
of 1980
• The Land and Water Conservation Act
It was the Migratory Bird Conservation
Act (1929) that made it possible for
the government to purchase wildlife
refuge land, but it lacked the
necessary funding.
The Migratory Bird Hunting Stamp Act
(1934) provided the money by
requiring that people above 16 years
of age must purchase a Migratory Bird
Hunting Stamp to hunt waterfowl.
In 1976, the name of the stamp
became the Migratory Bird Hunting
and Conservation Stamp.
Photo courtesy of U. S. Fish and Wildlife Service.
The Federal Aid in Wildlife
Conservation Act (1937) is commonly
known as the Pittman-Robertson Act.
This act provided states with up to 75
percent of total costs of wildlife
restoration projects that meet federal
standards and still serves as the
foundation for all wildlife conservation
efforts.
The Fish and Wildlife Conservation
Act (1980) is also known as the
“Non-game” Act.
It is called this because it targets fish
and wildlife not taken for sport or
commercial purposes.
Short-term funding made it necessary
for states to carry the expense of
state programs.
The Land and Water Conservation Act
(1964) provided access of outdoor
recreation resources to all citizens.
The mission of this act is preserving
and developing resources.
States can receive up to 50 percent
of funding, but they must submit a
statewide outdoor recreation plan to
be eligible for funds.
Fish Legislation
The Federal Aid in Fish Restoration
Act (1950) is also known as the
Dingell-Johnson Act.
This act allows
tax on certain
fishing equipment.
Photo by George Gentry courtesy of U. S. Fish and Wildlife Service.
Sport and recreation fish species
benefited the most from this act.
Some funds involve non-fish and
endangered species.
Wildlife Commerce Legislation
Wildlife commerce is profiting from
the sale or trade of wild species.
Photo by John and Karen Hollingsworth courtesy of U. S. Fish and Wildlife Service.
Poaching is the term used to identify
unlawful taking of game.
It is punishable by fine and/or
imprisonment.
The two acts that are cornerstones
for regulating wildlife commerce are:
• The Lacey Act (1900), and
• The Black Bass Act (1926).
These acts prevent importing wildlife,
if it could harm people, production
agriculture, or the natural
environment.
Laws have to be
very specific
concerning the
taking of species.
Photo by John Simms courtesy of U. S. Fish and Wildlife Service.
Threatened and Endangered
Legislation
Early laws dealt with the killing of
wildlife and did not include marine
mammals or endangered species.
Three important wildlife acts that do
address these species are:
• The Migratory Bird Treaty Act (1918),
• The Bald Eagle Protection Act (1940),
and
• The Wild Free-Roaming Horse & Burrow
Act (1970).
The Migratory Bird Treaty Act allows
hunting of migratory birds only
during open season.
Photo courtesy of U. S. Fish and Wildlife Service.
The Bald Eagle Protection Act and the
Wild Free-Roaming Horse and Burrow
Act were passed to provide protection
of a symbolic value of a vanishing
type of animal.
Photo by Ken Hammond courtesy of USDA Online Photography Center.
As people became aware of the
abuse of natural resources, that
concern showed itself with the
passage of the Endangered Species
Act (1966).
Many wild plant and animal species
were facing extinction.
The Endangered Species Act (1966)
had three main objectives.
• Protect native fish and wildlife that
were threatened with extinction.
• Provide for propagation of species
threatened with extinction.
• Provide protection to foreign
wildlife threatened with extinction.
The Endangered Species Conservation
Act (1969) supported and
strengthened the 1966 Act.
The Endangered Species Conservation
Act of 1973
included plants,
as well as, animals.
Photo by Ivette Loredo courtesy of U. S. Fish and Wildlife Service.
The agencies responsible for carrying
out the duties of these acts are the
U.S. Fish and Wildlife Service and the
National Marine Fisheries.
The agencies listed species, habitats,
and plants as endangered or
threatened.
When species show strong signs of
recovery, the two agencies can work
to declassify them.
The two agencies also work to add
new species to the lists.
Once listed, the species receives very
stringent protection.
The penalty for taking an
endangered species can result in one
year in prison and a $24,000 fine.
The penalty for taking a threatened
species can result in six months in
jail and a $10,000 fine.
In relation to threatened or
endangered species, the term “take”
means to harass, harm, pursue,
hunt, shoot, wound, kill, drop,
capture, or collect or attempt to
engage in any such conduct.
Animal Damage Legislation
Predators are those species that
destroy crops, kill livestock and
poultry, and damage property.
The Animal Damage Control Act of
1931 identified eight predators,
including the mountain lion, bobcat,
ground squirrel, wolf, prairie dog,
jackrabbit, coyote, and gopher.
Photos (top left to right) by W. L. Miller (NPS), J. & K. Hollingsworth (USFWS), unknown (NPS), J. & K. Hollingsworth (USFWS), R. Robinson (NPS), George Harrison (USFWS), & John Good (NPS).
The Act also included “other” animals
that could cause harm to agriculture
or humans.
The law worked to control animals
that carried diseases.
The two main diseases that it
targeted were rabies and tularemia.
Animal damage control activity was
concerned with the following areas:
• agriculture,
• animal husbandry,
• fur-bearing animals,
• horticulture,
• wild game animals,
• birds, and
• forestry.
During the early years, the role of
the predator in the ecosystem was
ignored.
Over-control of predators will lead to
the increase of prey species.
An increase in prey species leads to
an increase in the damage they
cause.
The Insecticide Act (1910) allowed
for the control of pests, primarily
insects.
No plant or animal species protected
by the Endangered Species Act can
be controlled, including insects.
Photo by Marjory Nelson courtesy of U. S. Fish and Wildlife Service.
The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) of 1947
added to the 1910 Act.
It allowed the use of economic
poisons.
Problems arose when the use of
these poisons began to affect nontarget wildlife.
The classic example
is the effect of DDT
on the brown
pelican population.
DDT caused the
pelicans to lay thinshelled eggs which
could not be
successfully
incubated.
Photo by John & Karen Hollingsworth courtesy of U. S. Fish &
Wildlife Service.
In 1964, FIFRA was amended to
prevent marketing of poisons that
affect non-target wildlife.
Three poisons that were banned
included:
• DDT
• Strychnine, and
• Sodium fluoracetate (1080).
FIFRA also has the authority to
classify and regulate the use of
chemicals by individuals and
businesses.
Pesticides are classified in one of
two categories, general use or
restricted use.
An individual must receive training
as a certified applicator and apply for
a private applicator’s license for
“restricted use” chemicals.
Licensed exterminators must receive
training to use certain chemicals.
They are the only ones that can
legally buy and use “restricted use”
chemicals.
ALL RIGHTS RESERVED
Reproduction or redistribution of all, or part, of this
presentation without written permission is
prohibited.
Instructional Materials Service
Texas A&M University
2588 TAMUS
College Station, Texas 77843-2588
http://www-ims.tamu.edu
2006