Wildlife Policy

1
Wildlife Policy

• Wildlife Commodification (Fishing, Hunting,
  Nature)
• Ivory billed woodpeckers, Flying Asian carp,
  Biotechnology

2
Ambivalence

• Who is in charge?
• What are we talking about?
• Where are they(?) located?
• How do we treat them?
• Wildlife owned by the state in its sovereign
  capacity "in trust for the public
• Personal property - when killed, also pets,
  vermin

3
Public Policy

• Statutory Law
• Administrative Law
• Case Law
• Companies (Industry)

4
Migration Between Jurisdictions

• A Guide to the Laws and Treaties of the United
  States for Protecting Migratory Birds (US Fish
  Wildlife Service)
• Importation of Pets and other animals into the
  United States (Center for Disease Control)

5
A Production Spectrum
6
Land Water Base for Wildlife

• Public
• Federal
• State
• Local Government county, municipality
• Private
• Individual
• Corporations
• Public
• Private
• Nonprofit

7
USDA Forest Service
8
National Forests and Grasslands - 191 million
acres
9
(No Transcript)
10
US Department of the Interior

• Bureau of Land Management - 261 million surface
  acres
• National Park System - 83.6 million acres (4.3
  million acres privately owned)
• Maps of Parks Monuments (University of Texas)
• Public Use Statistics
• Fish Wildlife Service 93 million acres

11
USDA

• Animal and Plant Health Inspection Service -
  species
• Natural Resources Conservation Service - habitats
• United States  Minnesota
• Cultivated 20.6
  42.0                    
• Grass    26.9                9.2
• Forests    33.0               26.7
• Other     19.9               21.1

12
Land Use in the United States
13
WetlandsSolid Waste Agency of Northern Cook
County v US Army Corps of Engineers
14
Ambivalence

• Individuals ----- Species --------Assemblages
• Domesticated- Feral- Commensuals
  ----------------------Wild
• Urban Areas------------------------Wilderness
• Hunting-------------------------------Livestock
• New Life Forms

15
Fish Wildlife (Non domestic)

• Game
• Non-game
• Fur-bearing
• Threatened or endangered
• Exotic or invasive

16
Federal Policy

• Title 16 United States Code Conservation
• Federal Wildlife Statutes
• Laws Regarding Wildlife
• Federal Wildlife Laws
• Title 50 Code of Federal Regulations Wildlife and
  Fisheries
• U.S. Fish Wildlife Service
• National Marine Fisheries Service (NOAA)
• Marine Mammal Commission
• Center for Wildlife Law (University of New
  Mexico)
• Fish, Game Wildlife Law (Megalaw.com)

17
America's National Wildlife Refuge System
18
Region 3 Midwest - National Wildlife Refuges

• Agassiz
• Big Stone
• Crane Meadows
• Glacial Ridge
• Hamden Slough
• Mille Lacs
• Minnesota Valley
• Northern Tallgrass Prairie
• Rice Lake
• Rydell
• Sherburne
• Tamarac
• Upper Mississippi

19
National Wildlife Refuge System

• 542 national wildlife refuges, at least one in
  every state
• Includes over 93 million acres of land
• Most national wildlife refuges are strategically
  located along the major bird migration corridors,
• Hundreds are home to endangered species, while
  others host big game - caribou, buffalo, deer,
  and elk
• History of the NWR System

20

• Refuges are typically set up in two stages
• The Service is provided the authority to create
  the refuge
• Such authority can be provided
• by the Congress, either through specific
  legislation or earmarks in the Services land and
  water fund appropriation
• by the President, through an executive order
• by the Service Director
• At the time a refuge is created, land may or may
  not be associated with it, and its boundaries may
  or may not have been fixed

21

• The land is acquired and the refuge is considered
  to be established
• Subsequently, a refuge can be expanded when
  additional land is acquired
• Such an expansion can occur with land acquired
  within the original refuge boundaries or,
  following a decision to extend the boundaries,
  with land acquired outside the original
  boundaries
• Uses two funds to purchase land for establishing
  or expanding refuges
• The Migratory Bird Conservation Fund
• The Land and Water Conservation Fund

22
Federal Financing

• The Migratory Bird Conservation Fund
• Federal Duck Stamp Program (Migratory Bird
  Hunting and Conservation Stamp)
• The Land and Water Conservation Fund
• Federal Aid in Wildlife restoration
  (Pitman-Robertson)
• North American Wetland Conservation Act
• Federal Aid in Support of Sport Fishing Act
  (Dingell-Johnson)

23
The Migratory Bird Conservation Fund

• Established in 1934 to provide revenue for
  acquiring habitat for migratory birds
• Supported with revenues from a variety of
  sources, such as refuge entrance fees, and does
  not require an annual appropriation
• Monies from this fund are distributed by the
  Migratory Bird Conservation Commission, which is
  made up of four congressional members and the
  heads of three federal agencies
• Three times a year, the Secretary of the Interior
  proposes and the Commission approves acquisitions
  using migratory bird funds

24
The Land and Water Conservation Fund

• Established in 1965 to acquire recreation land
• Also supported by several revenue sources, such
  as user fees for outdoor recreation activities
• For expenditures from this fund, the Service
  annually proposes acquisitions for federal
  funding, and the Congress appropriates funds and
  specifies which refuges can be established or
  expanded with land and water funds
• In fiscal year 1999, the Service received about
  65 million from the migratory bird fund and
  about 48 million from the land and water fund to
  acquire refuge land

25

• 23 refuges were established fiscal years
  1994-1998
• 8 used federal funds - 4 million from the land
  and water conservation fund
• No migratory bird funds used
• 15 refuges were established with land that was
  donated, transferred, or exchanged
• Subsequently expanded 20 of the 23 refuges, using
  land and water funds
• totaling 29 million for 14 refuges, and
  donations, transfers, and/or exchanges for the
• remainder
• The Service anticipates seeking another 630
  million in land and water funds to
• continue the expansion of 10 refuges established
  without federal funds

26

• The Service can also acquire land for refuges
  through other means
• donations from nonfederal entities
• transfers of land from other federal agencies
• exchanges of federal land parcels for nonfederal
  land parcels
• Generally not required to inform the Congress of
  these acquisitions

27
Upper Mississippi River National Wildlife and
Fish Refuge

• Longest refuge extending 261 miles along the
  Mississippi River
• The Upper Mississippi River Wild Life and Fish
  Refuge Act enacted June 7, 1924
• Authorized the Secretary of the Interior to
  acquire land for a refuge between Rock Island,
  Illinois and Wabasha, Minnesota
• Contains approximately 240,000 acres of land and
  water
• Includes land administered by the U.S. Fish and
  Wildlife Service and the U.S. Army Corps of
  Engineers in 19 counties across four states

28
US Fish Wildlife Service in Minnesota

• National Wildlife Refuge Legislation
• Upper Mississippi Fish Wildlife Refuge
• Minnesota Valley National Wildlife Refuge
• Minnesota Valley National Wildlife Refuge
  Protection Act of 1999
• Impact of Airport Expansion on the Minnesota
  Valley NWR (House Committee on Resources)

29
Region 3 Midwest Wetland Management Districts

• Detroit Lakes
• Fergus Falls
• Litchfield
• Morris
• Windom

30
Upper Mississippi River National Wildlife Fish
Refuge

• Established 1924
• 16 USC 721 et seq
• Approx. 240,000 acres
• Refuge covers 261 miles of the Mississippi River
  Valley from Wabasha, Minn., to Rock Island, Ill.,
  and is divided into four districts
• The refuge includes land owned by both the U.S.
  Fish and Wildlife Service and the U.S. Army Corps
  of Engineers in 19 counties across four states

31
Minnesota Valley National Wildlife Refuge
32
Minnesota Valley National Wildlife Refuge

• October 8, 1976, P.L. 94-466 90 Stat. 1992
• June 25, 1984, P.L. 98-32798 Stat. 270
• Oct. 7 1998 H.R.4729 Minnesota Valley National
  Wildlife Refuge Protection Act of 1998
• March 25 1999 H.R.1284 Minnesota Valley National
  Wildlife Refuge Protection Act of 1999
• Wikipedia
• Refuge Planning
• Environmental Assessment (EPA)
• Friends of the Minnesota Valley

33
Endangered Species Program (US Fish Wildlife
Service)

• Statutory Law (16 USC 1531 et seq)
• Administrative Law (50 CFR 17)
• Hill v Tennessee Valley Authority 437 US 153 1978
  
• The Endangered Species Act (FindLaw)

34
American Alligator

• American Alligator (National Parks Conservation
  Association)
• American Alligator (US Fish Wildlife Service)

35
Timber Wolf

• Timber Wolf Information Network
• Timber Wolf in Wisconsin
• Timber Wolf in Minnesota

36
Invasive Species

• Invasive Species (Union of Concerned Scientists)
• Invasive.org
• Invasive Species in the Great Lakes

37
Animal Rights Pets

• Animal Rights Pet Law (Magalaw.com)
• PETA

38
Minnesota

• Minnesota Department of Natural Resources
• Minnesota Department of Agriculture
• Scientific Natural Areas
• Private Lands Program
• Minnesota Endangered Species Program

39
Nonprofits

• Izaak Walton League

40
Genetically Modified Organisms

• Diamond v. Chakrabarty, 447 U.S. 303 (1980)
• Breaking the Law of Life (Resurgence)
• Lifeform Patenting
• Genetically Modified Foods and Organisms (Human
  Genome Project)
• Liability and Labeling of Genetically Modified
  Organisms
• Genetically Modified Organisms (Aglaw)
• Genetics Society of America, Statement on
  Genetically Modified Organisms
• Biosafety Protocol for Genetically Modified
  Organisms Overview Biotechnology An Overview
• GM Organisms (New Scientist)
• GMOs at the FAO
• Dolly the Sheep
• Life Form Patenting and Family-Scale Agriculture
  Implications and Recommendations (Center for
  Rural Affairs)