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Flashcards in Exam 3 Deck (86):
1

Wildlife Trust Doctrine

-The government (states and federal) holds wildlife in trust for the people

2

I own a piece of real estate and there's a squirrel, who owns it?

The people of the state

3

I'm on federal property and theres a squirrel, who owns it?

The people of the US

4

Regardless of the property rights, the landowners who control the habitat.......

Ultimately influence wildlife

5

when a landowner posts their land in NYS, they .......

-landowner revokes the "implied license" in NYS law that allows hunters/anglers to hunt/fish on private lands when all laws are followed

6

"implied license" in NYS law

-that allows hunters/anglers to hunt/fish on private lands when all laws are followed

7

When is the "implied license" revoked

when the landowner asks you to leave property

8

to not be liable for injuries on their land, what must a landowner do?

-Warn about the dangerous condition
-Make the dangerous condition safe

9

Views of wildlife change from ______ values to _______ values in the late ______ century

-Economic
-Sporting
-19th

10

The "original" US fish and wildlife service (est. 1885)

-was the successor to the US Bureau of Biological Survey
-Had relatively little authority, just monitered

11

Licensing and licensing fees_____

-provides funds for wildlife management (to improve wildlife)

12

Controlling the take methods:

-Ends of market hunting
-Licensing and licensing fees
-Bag limits
--Seasons

13

How were populations managed

-Hatcheries and game farms
-Predator control
-NWR system and state wildlife management areas

14

what provided money for state acquisition of land?

Duck stamps and pittman-robertson

15

Lacey Act (1900)

-first US wildlife statute
-Made interstate transportation of illegally taken wildlife a federal crime

16

Migratory Bird Treaty Act

-Federal permit required for killing migratory birds

17

Jay (Ding) Darling

-Chief of US Bio Survey
-NWF founder
-designed the first migratory bird stamp

18

Duck stamp act

-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

what were Ding Darlings cartoons of

-wildlife and natural resources that made the public aware of the need for wildlife conservation

20

Kleppe v. New Mexico

-Established that the fed government cay legislate on retained federal lands

21

Retained lands

-Lands that the US government has always owned

22

Acquired lands

Kleppe does not apply, so the laws of the state where the lands are located generally apply

23

NFs and BLM lands

feds usually don't exercise rights (state law generally applies)

24

FWS and NPS lands

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