Exam 1 Flashcards
Bill of Rights
First 10 amendments to the Constitution
Free-Warren
Authorization to hunt lesser game (fowl/hares) if holder prevents others from doing so
Qualification Statutes
Perpetuated class discrimination and kept weapons from those who were considered unfriendly to those in power
Kleppe vs. NM 1976
Most definitive case that pronounced the property clause as a basis for federal authority to regulate wildlife
Supremacy Clause (Article VI)
Laws/future laws and treaties/future treaties become supreme laws of the land
Royal Forest
Land parceled out to nobility and land not distributed became royal forests. The king was the only one allowed to hunt Royal forests.
Free-Fishery
Holder had exclusive right to fish particular sections of a particular river
Article 2
Executive Powers
Article 3
Judicial Powers
Missouri vs. Holland 1920
Established the property clause and the treaty making power as sources of authority for federal wildlife law.
Hunt vs. US
Secretary of Ag. Directed removal of excess deer in Kaibab Nat. Forest because of threat of overbrowsing. Property clause on protecting lands
Martin vs. Waddell 1842
First case concerning relationship of government and citizen with respect to wildlife. Development of state ownership doctrine.
Federalism
Division of power vertically between federal and state government
Nonindigenous
any plant, animal, or other viable biological material
Need not be foreign (that is, can be native to US, but not to specific region where impact occurs)
Amicus Curiae
A person, not a party to the litigation, who volunteers or is invited by the court to give advice upon some matter pending before it.
Scienter
Guilty knowledge or evidence
individual knowingly violates provisions of the act
Misdemeanor
Criminal defense defined as less serious than a felony
CITES
The Convention on International Trade in Endangered Species of Wild Fauna and Flora
Specimen
Whole plant/animal whether living or dead and any recognizable part or derivative
Baiting
Putting out food/grain to encourage and animal to come to a specified area in order to make it easier to hunt
Felony
A crime regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year
Species
Any species, subspecies or geographically separate population thereof
Injurious Wildlife
Harmful or detrimental to agriculture, humans or other wildlife
Ex. Feral Hogs, Silver Carp
Aquatic Nuisance
Nonindigenous, threatens native species, ecological stability, or commercial, aquacultural, or recreational activities on waters
Ex. Rusty Cray Fish, Brazilian Parrot Feather
Noxious Weed
Living plant of forge in origin that can directly or indirectly injure
Crops, useful plants, livestock, poultry, irrigation, aquaculture, navigation or fish or wildlife resources or public health
Justice
Equal treatment under the law
Appendices I
CITES
Most vulnerable species, includes all species threatened with extinction which are or may be threatened by trade
Appendices II
CITES
Somewhat less venerable, includes
All species which may become threatened with extinction if trade not regulate.
Other species which must be subject to regulation in order to effectively control trade in species referred to in subparagraph (a)
Appendices III
CITES
Includes species unilaterally designated by any party as being subject to regulation within its jurisdiction for the purpose of preventing or restriction exploration
Introduction
release, escape, or establishment of an exotic species into a natural ecosystem Includes plants and animal
Prima Facie Evidence
(legally sufficient evidence): a substantial ratio of dead, crippled, diseased, or starving wild animals or birds
Section 527
Tariff Act
restricted importation from foreign country when taken in violation of laws of the country
Executive Order 11987
1976, President Carter directed federal agencies to restrict introduction of exotic species into natural ecosystem under their jurisdiction
Lacey Act 1900
Protected agricultural interests by banning importation of injurious wildlife.
Bolstered state ownership doctrine. Authorized preservation, introduction, etc. and restoration of game birds
Unlawful to deliver to a common carrier, or for any common carrier to transport between states or territories, wild animals or birds killed in violation of state or territorial law.
MBTA 1918
First major federal law that prohibited the take of a particular type of wildlife
Commerce
Exchange of goods between two people/states for a good of wealth
Law
System of rules that are enforced through social institutions to govern behavior
Congressional Powers
Taxation, commerce, property, treaty-making, eminent domain
Public Trust
Agreement between the people and the government for the good of the people.
Take
Kill, capture, posses, sell, barter, etc. wildlife or fish
Solicitor
Lawyer or attorney
Plaintiff
Person Who files the lawsuit
USC
United States Code
CFR
Code of Federal Regulations
Statute
Comes before regulations
Regulation
Laws written by agencies
Lays out how the law should be followed
Development of Doctrine of State Ownership of Wildlife
Martin vs Waddell 1842: The right of a riparian landowner to exclude all others from taking oysters from certain mudflats in New Jersey’s Raritan River.
Smith vs Maryland 1855: Maryland law that prohibited the taking of oysters from the state’s waters by means of scoop and drag
McCready vs Virginia 1876: Virginia statute prohibiting citizens of other states from planting oysters in Virginia’s tide waters.
Manchester vs Commonwealth of Massachusetts 1891: Massachusetts statute prohibiting the use of purse seines to take menhaden in Buzzard’s Bay.
Geer vs Connecticut 1896: Geer possessing game birds with the intent to ship them out of Connecticut.
Court case history establishing the constitutional property power of Congress to regulate wildlife
Hunt vs US 1928: Secretary of Ag ordered the removal of excess deer in the Kaibab Nat. Forest because of the threat of overbrowsing. (Protect lands and property)
Chalk vs US 1940: Office of the Solicitor for the Dept. of the Interior issued a memorandum opinion in response to a request for the Fish and Wildlife Service for a determination of the Secretary’s authority to promulgate hunting and fishing regulations for lands within the Nat. wildlife Refuge System. (Constitutional power to protect its lands)
NM State Game Commission vs Udall 1969: Secretary of Interior directed the killing of deer in Carlsbad Caverns for research without compliance of laws or proof of depredation.
Kleppe vs NM 1976: request of a federal grazing permittee, NM authorities removed some wild burros from federal land and sold at auction. (power to regulate and protect wildlife living on their lands)
Us vs Brown 1977: NPS prohibition against of hunting on state waters within (but not part of) NPS. (Needed to protect wildlife and visitors of the land)
Palila vs HI Dept. of Land and Natural Resources 1979: upheld ESA as applied to non-migratory species found on state lands.
Federal statutes regulating commerce in wildlife
Lacey Act 1900: Black Bass Act 1926: Migratory Bird Treaty Act 1918: Bald and Golden Eagle Protection Act Wild Free-Roaming Horses and Burros Act Marine Mammal Protection Act Endangered Species Act
Silent Spring
Rachel Carson
Indiscriminate use of pesticides on birds
