Exam 3 Flashcards
1
Q
Wildlife Trust Doctrine
A
-The government (states and federal) holds wildlife in trust for the people
2
Q
I own a piece of real estate and there’s a squirrel, who owns it?
A
The people of the state
3
Q
I’m on federal property and theres a squirrel, who owns it?
A
The people of the US
4
Q
Regardless of the property rights, the landowners who control the habitat…….
A
Ultimately influence wildlife
5
Q
when a landowner posts their land in NYS, they …….
A
-landowner revokes the “implied license” in NYS law that allows hunters/anglers to hunt/fish on private lands when all laws are followed
6
Q
“implied license” in NYS law
A
-that allows hunters/anglers to hunt/fish on private lands when all laws are followed
7
Q
When is the “implied license” revoked
A
when the landowner asks you to leave property
8
Q
to not be liable for injuries on their land, what must a landowner do?
A
- Warn about the dangerous condition
- Make the dangerous condition safe
9
Q
Views of wildlife change from ______ values to _______ values in the late ______ century
A
- Economic
- Sporting
- 19th
10
Q
The “original” US fish and wildlife service (est. 1885)
A
- was the successor to the US Bureau of Biological Survey
- Had relatively little authority, just monitered
11
Q
Licensing and licensing fees_____
A
-provides funds for wildlife management (to improve wildlife)
12
Q
Controlling the take methods:
A
- Ends of market hunting
- Licensing and licensing fees
- Bag limits
- -Seasons
13
Q
How were populations managed
A
- Hatcheries and game farms
- Predator control
- NWR system and state wildlife management areas
14
Q
what provided money for state acquisition of land?
A
Duck stamps and pittman-robertson
15
Q
Lacey Act (1900)
A
- first US wildlife statute
- Made interstate transportation of illegally taken wildlife a federal crime
16
Q
Migratory Bird Treaty Act
A
-Federal permit required for killing migratory birds
17
Q
Jay (Ding) Darling
A
- Chief of US Bio Survey
- NWF founder
- designed the first migratory bird stamp
18
Q
Duck stamp act
A
- Requires duck stamp for hunting migratory waterfowl
- Funds from the sale of duck stamps go into special account that can only be used to acquire refuge areas and waterfowl production areas
- benefits artists too
19
Q
what were Ding Darlings cartoons of
A
-wildlife and natural resources that made the public aware of the need for wildlife conservation
20
Q
Kleppe v. New Mexico
A
-Established that the fed government cay legislate on retained federal lands
21
Q
Retained lands
A
-Lands that the US government has always owned
22
Q
Acquired lands
A
Kleppe does not apply, so the laws of the state where the lands are located generally apply
23
Q
NFs and BLM lands
A
feds usually don’t exercise rights (state law generally applies)
24
Q
FWS and NPS lands
A
Feds sometimes have their own rules (state laws sometimes apply)
25
Wildlife law is still largely a state prerogative, exceptions are:
- Migratory waterfowl
- Endangered species
- Marine species
26
Pittman-Robertson Act created an excise tax on:
- Arms, ammunition, archery gear (11%)
| - Handguns (10%)
27
Most of the money made from the Pittman-Robertson Act is given to the _____ to be used for:
- states
- acquisitions, maintenance, and operation of wildlife management areas (74%)
- Wildlife surveys and research (26%)
28
Federal funding for state programs ACTS
- The Pittman-Robertson Act
- The Dingell-Johnson Act
- Land and Water Conservation Fund
- Wildlife Habitat Incentive Program
29
The Dingell-Johnson Act
- Established an excise tax on fishing equipment, boats and outdoor fuel that is used to restore sport fisheries
- Only for sport fishing and not commercial fishing
30
WHIP
-Wildlife Habitat Incentive Program
31
Wildlife Habitat Incentive Program
- federal cost shared program that funds wildlife based conservation activities by private land owners
- Landowners pay 75% fed gov pays 25%
32
Endangered Species Act was enacted in _____ and amended in _____
1966, 1969
33
ESA protects:
- genetic diversity by protecting species and subspecies
| - landscape diversity and habitats
34
Responsible agencies of the ESA
-FWS: animal/freshwater fish
-NOAA fisheries: marine fish and animals
DOA: plants
35
Endangered
in danger of extinction throughout all or any significant portion of its range
36
Threatened
likely to become an endangered species in the foreseeable future
37
2 criteria for endangered species
1) and sub species
| 2) any distinct population segment of any vertebrate species
38
ESA listing
- no species receives ESA protection until it is listed
| - Anyone may petition the Secretary to initiate the listing process
39
What is ESA listing based solely on?
the best scientific and commercial data
40
How did the congress try to control listing
by limiting funds to the FWS's listing department
41
Critical Habitat
- if prudent to do so and is determinable, must designate no later than a year after the listing
- economic impacts must be considered when designating critical habitat
42
Recovery plans
-required unless would not promote conservation of the species
43
Prohibitions
- Section 7 federal government
| - section 9 non federal government
44
Section 7 Federal Government
- Limits what the fed gov can do
| - federal agency cannot "jeopardize" species or adversely affect critical habitat
45
Section 9 non federal government
-prohibits individuals, companies, states, native american tribes, etc from taking an endangered species
46
What are the 2 types of takings
- Direct takes
| - Indirect takes
47
Direct take
-harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect and ES
48
Indirect take
-Agency defined 'taking' to also include significant habitat modification
49
Exception to Section 7
-the god squad
50
Exceptions to Section 9
- protection of humans
- scientific permits
- native american tribe permits
- incidental take permits
- safe harbor agreements
- experimental agreements
51
The God Squad
- Endangered species committee
| - can approve a project that will jeopardize a listed species or its critical habitat if four criteria are met
52
Section 10 added exceptions (to section 9)
- Incidental take permits
- safe harbor agreements
- experimental agreements
53
Incidental take permits
- the secretary can issue a permit for incidental takes
| - requires applicant to develop a Habitat Conservation Plan (HCP_
54
Safe harbor agreements
- for landowners that improve the ES habitat on their property
- allows these landowners to destroy habitat in the future
55
Experimental populations
-non-essential populations of ES's can have less protection than other ES populations
56
Water rights system
- Riparian system: east of the 100th meridian
| - Appropriation system: west of the 100th meridian
57
Riparian rights basic rule
-flowing waters and surface waters are subject to riparian rights (groundwater not included)
58
Info on riparian rights
- owner of land adjacent to watercourse holds riparian rights
- riparian rights are transferred when lands holding those rights are transferred
59
if you have riparian rights you have the right to:
- reasonably use water for either consumptive or non-consumptive purposes
- divert and/or impound water for a period of time
60
prior to appropriation water rights:
-west was owned by the federal government, therefore everyone else was a trespasser
61
Mining acts of 1866 and desert land act of 1877:
severed water from the public domain and fed government relinquished all sovereignty over waters
62
Process of obtaining prior appropriation rights
- file "notice of intent" with appropriate state administrative agency
- Divert water for a "beneficial use"
63
Is the west going to run out of water?
No, they will just buy more water rights from farmers
64
Groundwater in the west
- based on a prior appropriation rights system but much variation
- if you were the first person to pump water out of the ground then you have first priority
65
groundwater in the east (3 uses)
- Rule of capture
- Riparian rights
- reasonable use
66
Rule of capture
-allows landowners to capture as much groundwater as they can put to a beneficial use (NY rule)
67
Riparian rights for ground water
allows landowners to extract an amount of water based on the size of landowners surface area
68
Reasonable use
allows landowners to extract unlimited amount of groundwater, as long as the result does not unreasonably damage other wells or the aquifer system
69
Ecological benefits of wetlands
- filtration
- wildlife habitat
- flood control
- open space
- recreation
70
wetland permits
-cannot discharge dredged or fill materials into the waters of the us, including wetlands adjacent to those waters, without a permit issues by the ACE
71
cannot dredge or fill wetlands without....
permits
72
Waters of the US include:
- wetlands adjacent to the waters of the us
| - wetlands connected to the waters of the us via surface water
73
Need permit to dredge and/or fill "Waters of the US". These include wetlands adjacent to:
- (a)Tidal Waters
- (b)Interstate Waters
- Intrastate navigable-in-fact waters that flow into (a) or (b)
- Continuous flow from non-navigable-in-fact waters that flow into (a) or (b)
74
do not need permit to dredge/fill::
isolated wetlands (20% of all remaining wetlands)
75
WOTUS
waters of the us
76
Case by Case analysis of....
- Intermittent Waters
- Army Corps of Engineers must determine if the use, degradation or destruction of intermittent waters could affect interstate commerce, the "Waters of the U.S."
77
Intermittent waters
non navigabile, non continuous flow
78
what are wetlands?
- 14 continuous days of saturated conditions at or near the surface in the growing season
- hydric soils
- must support facultative or obligate plants
79
What is the process for obtaining a wetland permit
- ACE district engineer makes decision on whether to issue permit after:
- >landowner submits permit application
- >notice to public
- >opportunity for public comment
80
A wetland permit expires after:
5 years
81
Nationwide (general) permits
- Authorize 52 activists
| - If a nationwide permit can be used, applicants use a simplified permitting process and submit reduced paperwork
82
Individual (standard) permit
- For activities not covered by nationwide permits
| - Require landowners to mitigate the impact that their activity will have on wetlands in a specific order (3)
83
Individual permit order of impacts
- Avoid impact
- Minimize impact
- Mitigate impact
84
Avoid impact
-owner must avoid destroying wetlands as much as possible
85
Minimize impact
-Landowner must minimize impact on disturbed wetlands
86
Mitigate impact
- Landowner must mitigate the impact on the disturbed wetlands by creating wetlands to compensate for destroyed wetlands
- ratio is usually greater than 1:1
