WLD 585/785 Wildlife Resource Policy & Administration

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1 WLD 585/785 Wildlife Resource Policy & Administration Natural resource management is 90% managing the public and 10% managing the resource. Wildlife Management vs Wildlife Administration: coordinate and direct the conservation or protection of wildlife resources. Management does; administration plans, directs and organizes. Three major items involv5e7d in conserving/preserving the people s wildlife resources: Wildlife Populations, People, and Habitat. Terms you want to remember as we discussed wildlife policy & administration: Preservation: protection of resources Conservation: wise use of natural resources Wildlife, is any normally undomesticated animal, alive or dead This management approach is collectively known as the North American Model of Wildlife Conservation. You need to know what the 7 underlying principles of the North American Model of Wildlife Conservation are: 1. Wildlife as a Public Trust Resource.**** 2. Elimination of the unregulated killing of wildlife for the marketplace 3. Allocation of Wildlife by Law. 4. Allow Harvest only for Legitimate Purposes 5. Recognize Wildlife as an International Resource 6. Science-based Wildlife Policy 7. Democracy of Hunting**** How did the North American Model of Wildlife Conservation come to be?? AMERICAN WILDLIFE--A LURE FOR EARLY EUROPEANS Wildlife was the Property of the landowner and the King; and all game laws were regarded as tools used by the wealthy to deny wildlife to the common people. So the first arrivals in America had a tradition of Resentment against game laws and game management.

2 The lack of game regulations in the U.S. was the norm for 100's of years. It was only until the impact of human-induced habitat changes and Over-Harvesting started to affect what were once very common game species Establishing regulations but lacking any way to enforce the rules was a common problem in early America! It wasn t until the early 1900s when new ideas, like Aldo Leopold s Land Ethic, started to change the way people viewed natural resource management. Aldo Leopold s Land Ethic In his book of essays entitled The Sand County Almanac. Nature was considered something to be conquered and used to benefit the community of people. In short, Leopold s Land Ethic changes the role of humans from conqueror of the land community to being a member of it having respect for his fellow-members and also respect for the land. Leopold stated the basic principle of his Land Ethic as, A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise. ***** Once again it was the loss of what were once Common Game Species that prompted legislative action AT BOTH THE STATE AND FEDERAL LEVELS!! Throughout most of U.S. history, relations between the federal and state governments concerning wildlife policy have followed a pattern characterized as Dual Federalism. The dual federalism concept emphasizes the idea that the national and state governments constitute TWO SEPARATE CENTERS OF Power. each dominant in its sphere of activities. What does this mean.. states would regulate the wildlife found within their borders; while the federal government would regulate wildlife that migrate over state and international borders, and animals covered by a specific federal law.. STATE JURISDICTION OVER WILDLIFE The courts decided states could regulate wildlife through; 1. the sovereign of Ownership of wildlife by the state 2. the Police power of the state Police power entitles the state to regulate the public health, safety, morals, and Welfare of the People.

3 States right to regulate wildlife Because of the court case Greer vs Connecticut (1896), the Supreme Court ruled states could regulate the conditions of how game was to be taken and what could happen to the game after harvest. The courts ruled that because wildlife belongs to all the people, the state can regulate the taking of wildlife for the Benefit of ALL the people. This idea is often referred to as the Public Trust Doctrine...a trustee relationship whereby the government manages wildlife and fish for the benefit of the resource and the public.***** Wildlife belong to all the people of the state, but can an individual gain ownership of wildlife? There are two ways a private citizen can gain legal title to wildlife: (1) Provide your own brood stock provided you obtain the needed State Permits (2) Take wildlife under legal regulations and reduce it to your Possession. Hunting a wild animal gives no legal title to it; however, the instant a wild animal is brought under the Control of a person the animal becomes that individual s property. FEDERAL JURISDICTION OVER WILDLIFE The federal role in regulating wildlife is based on the constitutional authority of the federal government to REGULATE Interstate Commerce (TRADE BETWEEN STATES) and make Treaties. Federal rights supersede states rights Hunt vs the United States (1928), the federal government s right to protect the resources on land belonging to all citizens of the U.S. superseded state statutes. The lack of action on the part of state fish and wildlife agencies to concerns expressed by citizens about the management of nongame and endangered species, enhanced the roles of the federal government and NGOs (Non-Government Organization) in establishing wildlife policy. The federal government slowly assumed an Increasing role in wildlife management. To protect property belonging to all citizens of the U.S, the federal government could regulate activities which occurred off federal lands. So how is wildlife policy and administration handled by state and federal agencies today?? First let's consider where the money comes from... AGENCY FUNDING MECHANISMS Wildlife agencies throughout the country generally add to the money they obtain from user pays sources with monies generated from (a)state or Federal Sources, and (b) the Private sector.

4 Most wildlife funding sources today are based on the User Pays PHILOSOPHY! FEDERAL SOURCES OF FUNDS FEDERAL AID to WILDLIFE RESTORATION ACT (1937) (Pittman-Robertson Act) [called P-R funds] P-R funds come from an Excise Tax on firearms and archery equipment. FEDERAL AID to FISH RESTORATION and MANAGEMENT ACT (1950) (Dingell-Johnson Act) [called D-J funds] D-J funds come from an Excise Tax on fishing-related equipment. HOW ARE P-R AND D-J FUNDS DISTRIBUTED? The amount of P-R and D-J money a state is eligible to get is based on: (1) the number of certified hunting or fishing Licenses sold, and (2) the geographic Area of the state. MIGRATORY BIRD HUNTING STAMP ACT (Duck Stamp Act) money is not just for ducks! This 1934 act requires all migratory bird hunters age 16 and older to possess a federal Duck Stamp. Money is applied to migratory bird habitat and conservation activities; in addition, a portion of the funds provide support for the National Wildlife Refuge System. LAND AND WATER CONSERVATION FUND ACT This 1965 act provides for funds to plan, acquire, and develop land and water areas, plus facilities for Recreational purposes.

5 FISH AND WILDLIFE CONSERVATION ACT (Forsythe Chaffee Act) This law enables states to develop and revise conservation plans for fish and wildlife, specifically Nongame fish and wildlife. Money is appropriated (or not) every year by Congress! The law calls for a Conservation Plan to be developed by each state, which identifies the species, its range, the problems involved, and a PLAN OF ACTION to conserve the species and its habitat. Nongame**** FISH AND WILDLIFE ARE DEFINED AS those species NOT ordinarily taken for FOOD, FUR, OR SPORT; are NOT listed as THREATENED OR ENDANGERED (T&E); are NOT MARINE MAMMALS; and are NOT FERAL SPECIES. ENDANGERED SPECIES ACT ****One of the provisions of the Endangered Species Act (Section 6) authorizes FEDERAL AID to states doing research on threatened or endangered species. "Section 6 Money", as it is called, is one of the major sources of funding for state fish and wildlife nongame or endangered species programs. Money is appropriated (or not) every year by Congress! **** State and Tribal WILDLIFE GRANTS (STWGs) State and Tribal Wildlife Grants are administrated thorough the U.S. Fish and Wildlife Service, and provide funds for projects to conserve Wildlife Diversity. Money is appropriated every year by Congress! STATE WILDLIFE ACTION PLANS Congress charged each state to develop a statewide comprehensive wildlife conservation plan generally referred to as a State Wildlife Action Plan (SWAP). The Plans tend to have a Nongame and Rare species focus. Action Plans are developed with input from state and federal agencies and any interested Stakeholder Group.

6 Kentucky Comprehensive Wildlife Conservation Strategy (CWCS) The purpose of the Kentucky Comprehensive Wildlife Conservation Strategy is to provide strategies for Sustaining Kentucky s Biodiversity and its contribution to national and global biodiversity. KDFWR intended for the Strategy to apply to all Kentucky s fish and wildlife species. The KDFWR selected over 200 Species of Greatest Conservation Need (SGCN). Congress mandated that Comprehensive Wildlife Conservation Strategies must address 8 essential elements. ELEMENT 1: Information on the distribution and abundance of species of wildlife, including low and declining populations. ELEMENT 2: Descriptions of locations and relative condition of key habitats and community types essential to conservation of species identified in the 1 st Element. ELEMENT 3: Problems which may adversely affect species in their habitats and priority research/survey efforts. ELEMENT 4: Conservation actions necessary to conserve the identified species and habitats. ELEMENT 5: Monitoring the effectiveness of the conservation actions proposed in the 4 th Element. ELEMENT 6: Procedures to review the Strategy ELEMENT 7: Review and revision of the Strategy with Federal, State, and local agencies that manage significant land and water areas within the State. ELEMENT 8: Public participation in the development of the Plan. State Sources of Funds RECEIVE A PORTION OF THE STATE S SALES TAX RECEIVE A PORTION OF THE STATE S INCOME TAX RECEIVE MONEY FROM A USER PAYS STATE SALES TAX. RECEIVE A PORTION OF A SPECIFIC REQUIRED STATE FEE SPECIALITY STAMP, TAG OR PERMIT REQUIRED TO HARVEST CERTAIN SPECIES. PERMITS are often used by state agencies to implement species-specific policies.

7 Private Sector Sources of Funds Sale of Specialty License Plates Sale of Special Paintings VOLUNTARY INCOME TAX CHECK-OFFS (33 states, including Kentucky) MATCHING GRANTS FROM CONSERVATION GROUPS and PRIVATE FOUNDATIONS The state agency generally must indicate they will contribute a certain amount of money and ask the group or foundation to match the request at a certain rate THE ROLE OF PRIVATE ORGANIZATIONS IN IMPACTING WILDLIFE ADMINISTRATION AND POLICY IN THE UNITED STATES The combined effect of Citizen organizations working to protect, preserve, and manage wildlife resources has been known as the "Conservation Movement" ever since the term conservation was coined by Gifford Pinchot and popularized by President Theodore Roosevelt. J.N. (Ding) Darling, gave the conservation movement a new burst of energy! With the training schools, this became the Cooperative Wildlife Research Unit Program, which today supports wildlife training in universities. WHAT HAVE THE PRIVATE CONSERVATION ORGANIZATIONS NGOs (Nongovernmental Organizations) ACTUALLY DONE, and what can they do, to affect wildlife management and policy? 1. They Initiate new government agencies, Reform old ones and Start new programs. 2. They Influence passage of wildlife laws and policies. 3. They Sue NGOs have sued to force government agencies to implement the law and intervened in support of agencies trying to enforce the law. 4. They conduct public Education programs NGOs are a powerful force in educating the general public about wildlife and wildlife issues. 5. They raise Money and Buy land for wildlife. Ex: The Nature Conservancy (TNC) 6. They conduct Research EXAMPLES OF NGOs THAT YOU SHOULD BE AWARE OF BROAD-BASED CONSERVATION FOCUS

8 World Wildlife Fund (WWF) focuses on the conservation of rare and endangered animal species and their habitats. The Nature Conservancy (TNC) approach is to preserve, through purchase, important aquatic and terrestrial habitats in the world. The Sierra Club (the oldest environmental organization in the world founded by John Muir) mission is to explore, enjoy and protect the wild places of the earth; to practice and promote the responsible use of the earth s ecosystems and resources. National Wildlife Federation (NWF) mission is to inspire Americans to protect wildlife for our children s future, wildlife and their habitats are their focus. SPECIES OR TAXON-FOCUSED GROUPS Ducks Unlimited (DU) conserve, restore, and manage wetlands and waterfowl. Trout Unlimited conserve, protect and restore North America s cold-water fisheries Quail Unlimited (QU) the wise use and management of America s wild quail, doves, and upland game birds. National Wild Turkey Federation (NWTF) dedicated to the conservation of the wild turkey. Rocky Mountain Elk Foundation (RMEF) mission is to ensure the future of elk. National Audubon Society (NAS) to conserve and restore natural ecosystems, focusing on birds. PROFESSIONAL SOCIETIES The Wildlife Society (TWS) to represent and serve the professional community who work actively to study, manage, and conserve wildlife and habitats worldwide. AGENCY ORGANIZATION Agencies generally fall into 2 organizational patterns: 1. Independent fish & wildlife agency. 2. Agency is Part of a larger state agency. For example: Kentucky Dept. of Fish & Wildlife Resources (KDFWR) is part of the Tourism, Arts & Heritage Cabinet.

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