Managing Wildlife

1
Managing Wildlife Public Lands

• The State Ownership Doctrine The rights to
  navigable waters, submerged lands, fish, and
  wildlife were a public trust (i.e., state
  governments are the legal owners of wildlife)
• Martin v. Waddell (1842)

2
The Conservation Movement

• 1890 American frontier formally declared
  closed
• 1892 Sierra Club founded
• 1896 Geer v. Connecticut
• 1897 Forest Management Act
• 1899 Rivers and Harbors Act
• 1900 Lacey Act
• 1900 Teddy Roosevelts conservation movement
• 1912 The Abbey Dodge case
• 1926 Foster-Fountain Packing Company v Haydel

3
Treaty Power

• 1913 Migratory Bird Act
• All migratory game and insectivorous birds are
  under federal protection regulation
• Act challenged and held unconstitutional
• 1918 Congress enacted the Migratory Bird Treaty
  Act to implement a treaty with Great Britain to
  protect migratory birds
• 1920 Missouri v. Holland (treaty act was held
  constitutional, as the treaty-making power of the
  U.S. is supreme over state authority over
  wildlife)

4
Federal Property Power

• 1976 Kleppe v. New Mexico
• Issue Does the federal government have the
  power to hunt or to manage wildlife on federal
  lands within state borders?
• Held The federal government has the power to
  regulate and to protect wildlife living on
  federal land

5
Commerce Clause

• 1977 Douglas v. Seacoast Products, Inc.
• Issue Does the federal government have to power
  to preempt state regulation of wildlife?
• Held Yes
• Reasoning The Commerce Clause
• Impact Clear rejection of the state ownership
  doctrine

6
Baldwin v. Montana Fish Game Commission (1978)

• The resident and the nonresidents paid different
  fees for elk-hunting licenses (30 v. 225)
• The court found that the licensing system bore
  some rational relationship to legitimate state
  purposes
• Equality in access to state elk was not basic to
  the maintenance or well-being of the union, and
  whatever rights or activities were fundamental
  under the Privileges and Immunities Clause, elk
  hunting by nonresidents was not one of them

7
Rittman-Robertson Act (1937)

• Federal aid to states for wildlife restoration
• Funded by excise tax on hunting equipment and
  supplies (11 on firearms, ammunition, and
  archery 10 on handguns)
• Distribution Formula Number of hunting licenses
  issued and the size of the state
• Key Eligibility Condition States prohibited
  from diverting hunting license fees collected by
  the states from state fish and game department
  administration
• Empowered state fish game departments to have a
  steady source of funding
• Considered one of the most successful
  environmental laws in the country

8
Dingell-Johnson Act (1950)

• Modeled on the Pittman-Robertson Act
• Provides federal grants to states for sport fish
  restoration and management
• Funding sources
• Federal excise tax of 10 on sport fishing
  equipment, yachts, pleasure boats, imported
  fishing equipment
• Portion of the tax on gasoline purchased for
  motorboats

9
Fish Wildlife Conservation Act (1980)

• Focused on non-game wildlife and fish
• BUT this law has never received an appropriation
  (funding)