Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_8
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
As seen in chapter 4, private landowners have complex legal links with the wild animals that wander on their lands. They do not own the wildlife, but they do possess the right to exclude outsiders from entering their lands to hunt, fish, or trap. To that extent, they enjoy special privileges with respect to the wildlife. For many landowners, hunting is a valuable use of their land and an important revenue source. That revenue from hunters stays with the landowner, even though the animals being hunted (as explained in chapter 2) are the property of the people collectively or of the state as trustee.
{"title":"Private Wildlife Operations","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_8","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_8","url":null,"abstract":"As seen in chapter 4, private landowners have complex legal links with the wild animals that wander on their lands. They do not own the wildlife, but they do possess the right to exclude outsiders from entering their lands to hunt, fish, or trap. To that extent, they enjoy special privileges with respect to the wildlife. For many landowners, hunting is a valuable use of their land and an important revenue source. That revenue from hunters stays with the landowner, even though the animals being hunted (as explained in chapter 2) are the property of the people collectively or of the state as trustee.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90686531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_12
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"Endangered Species Act: Listing and Critical Habitat","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_12","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_12","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82074135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_7
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
English-speaking settlers had hardly arrived in North America when colonial governments began enacting laws that controlled how people hunted and fished. Shortages of deer appeared early, as did disputes over access to fishing and shellfish grounds. Even when shortages were not acute it made sense, many colonists realized, to avoid disturbing wildlife during breeding seasons. From early colonial days, in short, governments were involved in wild animal management.
{"title":"State Game Laws and Nuisance Species","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_7","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_7","url":null,"abstract":"English-speaking settlers had hardly arrived in North America when colonial governments began enacting laws that controlled how people hunted and fished. Shortages of deer appeared early, as did disputes over access to fishing and shellfish grounds. Even when shortages were not acute it made sense, many colonists realized, to avoid disturbing wildlife during breeding seasons. From early colonial days, in short, governments were involved in wild animal management.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81130886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_13
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"Endangered Species Act: Protections","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_13","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_13","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79924430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_10
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"Key Federal Statutes","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_10","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_10","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76973139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_11
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
Wildlife on federal lands has long drawn considerable attention, and with good reason. The landholdings of the federal government are massive— some 30 percent of the nation’s surface—including vast expanses of vital wildlife habitat. What is the legal status of the wildlife on these lands? Who has the legal authority to manage it? And what are the rules currently in place? These are the questions taken up in this chapter in the context of the four largest categories of federal lands: the wildlife refuges run by the US Fish and Wildlife Service, the variously named holdings of the National Park Service, the national forests, and the diverse lands administered by the Bureau of Land Management (BLM). Together these four categories comprise more than 96 percent of all federal landholdings. The wildlife laws applicable to these lands differ among the four categories and thus call for separate consideration. Before exploring them, however, it is useful to understand the basic legal framework that applies on nearly all federal lands.
{"title":"Wildlife on Federal Lands","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_11","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_11","url":null,"abstract":"Wildlife on federal lands has long drawn considerable attention, and with good reason. The landholdings of the federal government are massive— some 30 percent of the nation’s surface—including vast expanses of vital wildlife habitat. What is the legal status of the wildlife on these lands? Who has the legal authority to manage it? And what are the rules currently in place? These are the questions taken up in this chapter in the context of the four largest categories of federal lands: the wildlife refuges run by the US Fish and Wildlife Service, the variously named holdings of the National Park Service, the national forests, and the diverse lands administered by the Bureau of Land Management (BLM). Together these four categories comprise more than 96 percent of all federal landholdings. The wildlife laws applicable to these lands differ among the four categories and thus call for separate consideration. Before exploring them, however, it is useful to understand the basic legal framework that applies on nearly all federal lands.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81486751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_6
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"The Constitutional Framework","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_6","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_6","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83203868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_9
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
In addition to the federal and state governments are the many Indian tribes, which fit uneasily into the governance systems of the United States.1 Tribes possess distinct governance powers of their own, not derived from the federal or state governments. They also possess extensive property rights in land and natural resources, often arising from legal sources quite different from rights held by non-Indians. The powers of tribes over their reservations are reasonably well known. Less familiar and more contentious are the vested rights they possess to take fish and game at places outside their reservations. These off-reservation rights and their implications for resource management have given rise to recurrent legal disputes dealing with the precise scope of the tribal rights and the complex ways tribal powers fit together with state powers, both on and off reservations and over tribal members as well as others.
{"title":"Tribal Rights to Wildlife","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_9","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_9","url":null,"abstract":"In addition to the federal and state governments are the many Indian tribes, which fit uneasily into the governance systems of the United States.1 Tribes possess distinct governance powers of their own, not derived from the federal or state governments. They also possess extensive property rights in land and natural resources, often arising from legal sources quite different from rights held by non-Indians. The powers of tribes over their reservations are reasonably well known. Less familiar and more contentious are the vested rights they possess to take fish and game at places outside their reservations. These off-reservation rights and their implications for resource management have given rise to recurrent legal disputes dealing with the precise scope of the tribal rights and the complex ways tribal powers fit together with state powers, both on and off reservations and over tribal members as well as others.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77081560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.5822/978-1-61091-915-9_5
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"Inland Fisheries","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_5","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_5","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74307031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-02DOI: 10.1080/13880292.2018.1547867
Cameron S. G. Jefferies
Abstract Whale populations are exposed to a suite of contemporary threats, including by-catch, ship strikes, habitat degradation, and climate change. Of these threats, climate change presents the most challenging management dilemma because it pressures whale populations directly (e.g., by altering habitat suitability) and indirectly (e.g., by increasing disease transmission and exposure to toxicants, by affecting prey abundance, and by exacerbating other threats). There is also an emerging scientific understanding of how healthy whale populations constitute an important biological component of the climate system and contribute to climate change mitigation. The International Whaling Commission (“IWC”), which is the primary international organization dedicated to whale conservation and management, has investigated and studied climate change but has failed to develop a commensurate management response. Conversely, parallel developments in international wildlife conservation and management evince support for an integrated and holistic ecosystem approach (“EA”) and urge the immediate development of climate-adaptive measures. The EA has been operationalized in prominent legal instruments and through various management techniques, including marine protected areas (“MPAs”). In view of observed and predicted effects of climate change on whales, this article proposes a new approach to designating and protecting whale sanctuaries at the IWC that better aligns with a contemporary understanding of the EA and MPAs, and that can advance the IWC’s institutional transition towards climate-informed modernized management. This proposed innovation is tested for its legal permissibility and political feasibility, and the analysis concludes that improving the IWC’s regulatory functionality remains a crucial conservation objective.
{"title":"International Whale Conservation in a Changing Climate: The Ecosystem Approach, Marine Protected Areas, and the International Whaling Commission","authors":"Cameron S. G. Jefferies","doi":"10.1080/13880292.2018.1547867","DOIUrl":"https://doi.org/10.1080/13880292.2018.1547867","url":null,"abstract":"Abstract Whale populations are exposed to a suite of contemporary threats, including by-catch, ship strikes, habitat degradation, and climate change. Of these threats, climate change presents the most challenging management dilemma because it pressures whale populations directly (e.g., by altering habitat suitability) and indirectly (e.g., by increasing disease transmission and exposure to toxicants, by affecting prey abundance, and by exacerbating other threats). There is also an emerging scientific understanding of how healthy whale populations constitute an important biological component of the climate system and contribute to climate change mitigation. The International Whaling Commission (“IWC”), which is the primary international organization dedicated to whale conservation and management, has investigated and studied climate change but has failed to develop a commensurate management response. Conversely, parallel developments in international wildlife conservation and management evince support for an integrated and holistic ecosystem approach (“EA”) and urge the immediate development of climate-adaptive measures. The EA has been operationalized in prominent legal instruments and through various management techniques, including marine protected areas (“MPAs”). In view of observed and predicted effects of climate change on whales, this article proposes a new approach to designating and protecting whale sanctuaries at the IWC that better aligns with a contemporary understanding of the EA and MPAs, and that can advance the IWC’s institutional transition towards climate-informed modernized management. This proposed innovation is tested for its legal permissibility and political feasibility, and the analysis concludes that improving the IWC’s regulatory functionality remains a crucial conservation objective.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86087785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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