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.

With wildlife management, the majority of the funds come from those individuals who use the resources.

Photo by Pat Hagan courtesy of U. S. Fish and Wildlife Service.

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 non-target wildlife.

The classic example is the effect of DDT on the brown pelican population.

DDT caused the pelicans to lay thin-shelled 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.

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