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Title: This document is contained within the Fish and Wildlife Management Toolbox on Wilderness.net. Since other related resources found in this toolbox may be of interest, you can visit this toolbox by visiting the following URL:


1
  • This document is contained within the Fish and
    Wildlife Management Toolbox on Wilderness.net.
    Since other related resources found in this
    toolbox may be of interest, you can visit this
    toolbox by visiting the following URL
    http//www.wilderness.net/index.cfm?fusetoolboxes
    secfishwildlifemgmt. All toolboxes are products
    of the Arthur Carhart National Wilderness
    Training Center.

2
Managing Fish and Wildlife in Wilderness
  • Is there a problem?
  • Is there a question about state versus federal
    authority?
  • What have the courts said?
  • Has IAFWA helped?

Peter Landres Aldo Leopold Wilderness Research
Institute USDA Forest Service, Rocky Mountain
Research Station
3
CONTEXT What is Wilderness?
  • From the 1964 Wilderness Act, wilderness is
  • Untrammeled (uncontrolled, not manipulated)
  • Natural (primeval character and influence)
  • Undeveloped (evidence of people is
    substantially unnoticeable)
  • Outstanding opportunities for wilderness
    experiences (solitude or primitive recreation)
  • Wilderness is managed
  • for the use and enjoymentas wilderness

Wilderness is managed for ecological and social
values
4
CONTEXT Wildlife and Wilderness
Arctic Wild, Crisler 1958 Great wilderness has
two characteristics remoteness and the presence
of wild animals in something like pristine
variety and numbers.
Wilderness and the American Mind, Nash
1967 Etymologically, the term means
wild-dêor-ness, the place of wild beasts.
Wildlife in Wilderness, Hendee and Schoenfeld,
1990 Wilderness without wildlife and wildlife
without the freedom of wilderness are virtually
unthinkable, their interdependency is so firmly
established in our minds.
5
CONTEXT Need to Manage Wildlife
  • Increasing use of all types
  • Increasing region-wide threats and development
    on adjacent lands
  • Increasing disruption of ecological processes
    and loss of species

6
Is There a Problem Managing Wildlife in
Wilderness?
Conflict over appropriate wildlife management
activities -- vehicles, surveys, tagging,
marking, installations, modifying habitat,
introducing non-native species
Aerial stocking a wilderness lake
Spraying rotenone in a wilderness lake
7
Is There a Problem Managing Wildlife in
Wilderness?
Conflict between state and federal management
goals -- sport versus other wildlife values
Fish stocking impacts on Mountain Yellow-Legged
frogs
Stocking lakes with sport fish
8
Is There a Problem Managing Wildlife in
Wilderness?
Conflict between state and federal management
goals -- sport versus wilderness values
Fishless, unmanipulated lake ecosystems
Recreational fishing opportunities
9
Is There a Problem Managing Wildlife in
Wilderness?
10
Is There a Problem Managing Wildlife in
Wilderness?
11
Is There a Problem Managing Wildlife in
Wilderness?
12
What does Research Say About Impacts from
Stocking Fish?
Research has clearly shown
  • Significant declines of native fish
  • Significant declines of amphibians and salamanders
  • Significant changes in phytoplankton,
    zooplankton, and invertebrates
  • Significant changes in nutrient processes

13
Frog abundance in fishless lakes is also reduced
by introduced trout
14
In the Big Horn Crags, Introduced Fish Occupy
Most Overwintering Sites
15
Conflict Between State Wildlife and Federal
Wilderness Managers
  • Examples
  • Refusal to coordinate planned activities
  • Refusal to cooperate or share data
  • Lack of professionalism (us versus them)
  • Lack of respect
  • Stalling and stonewalling
  • Intentional damage
  • Litigation

16
Reasons for This Conflict Between State and
Federal Managers
Differing agency mandates, policies, missions,
cultures
  • Arizona Game and Fish Department
  • To conserve, enhance, and restore Arizonas
    diverse wildlife resources and habitat through
    aggressive protection and management programs
    (Mission Statement)
  • Forest Service Policy
  • where a choice must be made between wilderness
    valuesor any other activity, preserving the
    wilderness resource is the overriding value.
    Economy, convenience, commercial value, and
    comfort are not standards of management or use of
    wilderness. (FSM Section 2320.6)

17
Reasons for This Conflict Between State and
Federal Managers
Ambiguity, differences in interpreting federal
laws
Nothing in this Act shall be construed as
affecting the jurisdiction or responsibilities of
the several States with respect to wildlife and
fish in the national forests.
18
State versus Federal Authority
  • Federal agencies assert their authority under
    four different Constitutional Clauses
  • -- Property power to govern property
  • -- Treaty power to engage in treaties
  • -- Commerce power to regulate interstate
    commerce
  • -- Supremacy federal law governs if there is
    conflict

19
Judicial Interpretation of the U.S. Supreme Court
  • 1896 -- Geer v. Connecticut
  • State authority preempts federal management of
    wildlife, and that the right to preserve game
    flows from the undoubted existence in the State
    of a Police Power.

20
Judicial Interpretation of the U.S. Supreme Court
  • 1896 -- Geer v. Connecticut
  • 1920 -- Missouri v. Holland
  • Upheld federal use of the Treaty Clause (the
    1918 Migratory Bird Treaty Act) and Supremacy
    Clause that federal law supercedes conflicting
    state law

21
Judicial Interpretation of the U.S. Supreme Court
  • 1896 -- Geer v. Connecticut
  • 1920 -- Missouri v. Holland
  • 1928 -- Hunt v. United States
  • Upheld federal use of Property Clause to
    protect public land from resident wildlife (deer
    on the Kaibab NF)

22
Judicial Interpretation of the U.S. Supreme Court
  • 1896 -- Geer v. Connecticut
  • 1920 -- Missouri v. Holland
  • 1928 -- Hunt v. United States
  • 1976 -- Kleppe v. New Mexico
  • Upheld federal use of Property and Supremacy
    clauses to manage wildlife (burros), and that
    federal management of wildlife not limited to
    just protecting public land from damage as stated
    in Hunt v. United States

23
Judicial Interpretation of the U.S. Supreme Court
  • 1896 -- Geer v. Connecticut
  • 1920 -- Missouri v. Holland
  • 1928 -- Hunt v. United States
  • 1976 -- Kleppe v. New Mexico
  • 1979 -- Hughes v. Oklahoma
  • Upheld federal use of Commerce Clause to manage
    wildlife, and that Geer v. Connecticut was
    decided relatively earlywe hold that time has
    revealed the error of the early resolution
    reached in that case, and accordingly Geer is
    today overruled.

24
Agreement with the International Association of
Fish and Wildlife Agencies
Agreement between the FS and BLM with IAFWA
Policies and Guidelines for Fish and Wildlife
Management in Wilderness and Primitive
Areas -- approved as FS and BLM policy in
1976 -- substantially revised in 1986 --
reaffirmed by the FS in 1995
25
IAFWA Agreement
Establishes non-binding guidelines that should
serve as a framework for cooperation between
state and federal agencies
26
IAFWA Agreement
A Few Problems
  • No plan for resolving conflicts and differences
    of opinion
  • Vague language (preserve the natural character,
    may be permitted, identified in the wilderness
    management plan, standard techniques of
    population sampling, mutual agreement)

27
Status of the IAFWA Agreement
  • November 2000 reaffirmation by FS and BLM
    followed by formal review of successes and
    failures
  • March 2002 proposed revision by FS and BLM
    Fisheries Program leaders (DOA to wilderness)
  • February 2003 proposed addendum by FS,BLM, some
    states (DOA to IAFWA)
  • Currently, unknown what will happen next or how
    known problems will be resolved

28
Resolving These Conflicts Over Managing Wildlife
in Wilderness
Provide understanding about science, legislation,
and judicial decisions that lets each side know
their respective responsibilities and limits
  • Science clear and wide-ranging impacts to
    wilderness values from some wildlife management
    activities
  • Legislation does not give state agencies sole
    authority for managing wildlife in wilderness
    doesnt resolve anything
  • Supreme Court decisions (5) clearly support
    federal involvement in wildlife management
    decisions and activities

29
The Bottom Line State and Federal agencies
share authority for managing wildlife, therefore
they must cooperate, communicate, and coordinate
to sustain both wildlife and wilderness
30
An Example of Working Together
Natural rockfall in the Yolla Bolly-Middle Eel
Wilderness, CA blocked listed summer steelhead
migration to spawning grounds
After clearing the rockfall
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