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Policy > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

Wildlife Trust Doctrine

A

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

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2
Q

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

A

The people of the state

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3
Q

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

A

The people of the US

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4
Q

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

A

Ultimately influence wildlife

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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

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6
Q

“implied license” in NYS law

A

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

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7
Q

When is the “implied license” revoked

A

when the landowner asks you to leave property

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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

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9
Q

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

A
  • Economic
  • Sporting
  • 19th
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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

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11
Q

Licensing and licensing fees_____

A

-provides funds for wildlife management (to improve wildlife)

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12
Q

Controlling the take methods:

A
  • Ends of market hunting
  • Licensing and licensing fees
  • Bag limits
  • -Seasons
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13
Q

How were populations managed

A
  • Hatcheries and game farms
  • Predator control
  • NWR system and state wildlife management areas
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14
Q

what provided money for state acquisition of land?

A

Duck stamps and pittman-robertson

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15
Q

Lacey Act (1900)

A
  • first US wildlife statute

- Made interstate transportation of illegally taken wildlife a federal crime

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16
Q

Migratory Bird Treaty Act

A

-Federal permit required for killing migratory birds

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17
Q

Jay (Ding) Darling

A
  • Chief of US Bio Survey
  • NWF founder
  • designed the first migratory bird stamp
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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
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19
Q

what were Ding Darlings cartoons of

A

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

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20
Q

Kleppe v. New Mexico

A

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

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21
Q

Retained lands

A

-Lands that the US government has always owned

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22
Q

Acquired lands

A

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

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23
Q

NFs and BLM lands

A

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

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24
Q

FWS and NPS lands

A

Feds sometimes have their own rules (state laws sometimes apply)

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25
Q

Wildlife law is still largely a state prerogative, exceptions are:

A
  • Migratory waterfowl
  • Endangered species
  • Marine species
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26
Q

Pittman-Robertson Act created an excise tax on:

A
  • Arms, ammunition, archery gear (11%)

- Handguns (10%)

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27
Q

Most of the money made from the Pittman-Robertson Act is given to the _____ to be used for:

A
  • states
  • acquisitions, maintenance, and operation of wildlife management areas (74%)
  • Wildlife surveys and research (26%)
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28
Q

Federal funding for state programs ACTS

A
  • The Pittman-Robertson Act
  • The Dingell-Johnson Act
  • Land and Water Conservation Fund
  • Wildlife Habitat Incentive Program
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29
Q

The Dingell-Johnson Act

A
  • 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
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30
Q

WHIP

A

-Wildlife Habitat Incentive Program

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31
Q

Wildlife Habitat Incentive Program

A
  • federal cost shared program that funds wildlife based conservation activities by private land owners
  • Landowners pay 75% fed gov pays 25%
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32
Q

Endangered Species Act was enacted in _____ and amended in _____

A

1966, 1969

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33
Q

ESA protects:

A
  • genetic diversity by protecting species and subspecies

- landscape diversity and habitats

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34
Q

Responsible agencies of the ESA

A

-FWS: animal/freshwater fish
-NOAA fisheries: marine fish and animals
DOA: plants

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35
Q

Endangered

A

in danger of extinction throughout all or any significant portion of its range

36
Q

Threatened

A

likely to become an endangered species in the foreseeable future

37
Q

2 criteria for endangered species

A

1) and sub species

2) any distinct population segment of any vertebrate species

38
Q

ESA listing

A
  • no species receives ESA protection until it is listed

- Anyone may petition the Secretary to initiate the listing process

39
Q

What is ESA listing based solely on?

A

the best scientific and commercial data

40
Q

How did the congress try to control listing

A

by limiting funds to the FWS’s listing department

41
Q

Critical Habitat

A
  • 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
Q

Recovery plans

A

-required unless would not promote conservation of the species

43
Q

Prohibitions

A
  • Section 7 federal government

- section 9 non federal government

44
Q

Section 7 Federal Government

A
  • Limits what the fed gov can do

- federal agency cannot “jeopardize” species or adversely affect critical habitat

45
Q

Section 9 non federal government

A

-prohibits individuals, companies, states, native american tribes, etc from taking an endangered species

46
Q

What are the 2 types of takings

A
  • Direct takes

- Indirect takes

47
Q

Direct take

A

-harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect and ES

48
Q

Indirect take

A

-Agency defined ‘taking’ to also include significant habitat modification

49
Q

Exception to Section 7

A

-the god squad

50
Q

Exceptions to Section 9

A
  • protection of humans
  • scientific permits
  • native american tribe permits
  • incidental take permits
  • safe harbor agreements
  • experimental agreements
51
Q

The God Squad

A
  • Endangered species committee

- can approve a project that will jeopardize a listed species or its critical habitat if four criteria are met

52
Q

Section 10 added exceptions (to section 9)

A
  • Incidental take permits
  • safe harbor agreements
  • experimental agreements
53
Q

Incidental take permits

A
  • the secretary can issue a permit for incidental takes

- requires applicant to develop a Habitat Conservation Plan (HCP_

54
Q

Safe harbor agreements

A
  • for landowners that improve the ES habitat on their property
  • allows these landowners to destroy habitat in the future
55
Q

Experimental populations

A

-non-essential populations of ES’s can have less protection than other ES populations

56
Q

Water rights system

A
  • Riparian system: east of the 100th meridian

- Appropriation system: west of the 100th meridian

57
Q

Riparian rights basic rule

A

-flowing waters and surface waters are subject to riparian rights (groundwater not included)

58
Q

Info on riparian rights

A
  • owner of land adjacent to watercourse holds riparian rights
  • riparian rights are transferred when lands holding those rights are transferred
59
Q

if you have riparian rights you have the right to:

A
  • reasonably use water for either consumptive or non-consumptive purposes
  • divert and/or impound water for a period of time
60
Q

prior to appropriation water rights:

A

-west was owned by the federal government, therefore everyone else was a trespasser

61
Q

Mining acts of 1866 and desert land act of 1877:

A

severed water from the public domain and fed government relinquished all sovereignty over waters

62
Q

Process of obtaining prior appropriation rights

A
  • file “notice of intent” with appropriate state administrative agency
  • Divert water for a “beneficial use”
63
Q

Is the west going to run out of water?

A

No, they will just buy more water rights from farmers

64
Q

Groundwater in the west

A
  • 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
Q

groundwater in the east (3 uses)

A
  • Rule of capture
  • Riparian rights
  • reasonable use
66
Q

Rule of capture

A

-allows landowners to capture as much groundwater as they can put to a beneficial use (NY rule)

67
Q

Riparian rights for ground water

A

allows landowners to extract an amount of water based on the size of landowners surface area

68
Q

Reasonable use

A

allows landowners to extract unlimited amount of groundwater, as long as the result does not unreasonably damage other wells or the aquifer system

69
Q

Ecological benefits of wetlands

A
  • filtration
  • wildlife habitat
  • flood control
  • open space
  • recreation
70
Q

wetland permits

A

-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
Q

cannot dredge or fill wetlands without….

A

permits

72
Q

Waters of the US include:

A
  • wetlands adjacent to the waters of the us

- wetlands connected to the waters of the us via surface water

73
Q

Need permit to dredge and/or fill “Waters of the US”. These include wetlands adjacent to:

A
  • (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
Q

do not need permit to dredge/fill::

A

isolated wetlands (20% of all remaining wetlands)

75
Q

WOTUS

A

waters of the us

76
Q

Case by Case analysis of….

A
  • 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
Q

Intermittent waters

A

non navigabile, non continuous flow

78
Q

what are wetlands?

A
  • 14 continuous days of saturated conditions at or near the surface in the growing season
  • hydric soils
  • must support facultative or obligate plants
79
Q

What is the process for obtaining a wetland permit

A
  • ACE district engineer makes decision on whether to issue permit after:
  • > landowner submits permit application
  • > notice to public
  • > opportunity for public comment
80
Q

A wetland permit expires after:

A

5 years

81
Q

Nationwide (general) permits

A
  • Authorize 52 activists

- If a nationwide permit can be used, applicants use a simplified permitting process and submit reduced paperwork

82
Q

Individual (standard) permit

A
  • 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
Q

Individual permit order of impacts

A
  • Avoid impact
  • Minimize impact
  • Mitigate impact
84
Q

Avoid impact

A

-owner must avoid destroying wetlands as much as possible

85
Q

Minimize impact

A

-Landowner must minimize impact on disturbed wetlands

86
Q

Mitigate impact

A
  • Landowner must mitigate the impact on the disturbed wetlands by creating wetlands to compensate for destroyed wetlands
  • ratio is usually greater than 1:1

Policy (4 decks)

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