North American Wildlife Policy and Law (eBook)

Bruce D. Leopold received a B.S. in forest science from Pennsylvania State University in 1977, an M.S. in forestry from Mississippi State University in 1979, and a Ph.D. in wildlife ecology from the University of Arizona in 1984. He recently retired after three decades of service at Mississippi State University, where he was the Sharp Distinguished Professor of Wildlife Ecology, Executive Director of the Center for Resolving Human-Wildlife Conflicts, and former head of the Department of Wildlife, Fisheries, and Aquaculture. He is a Fellow and Past President of the Wildlife Society as well as a Professional Member of the Boone and Crockett Club.Winifred B. Kessler received her bachelor’s and master’s degrees from the University of California, Berkeley, and her Ph.D. from Texas A&M University. A Certified Wildlife Biologist, she is a Fellow and Past President of the Wildlife Society. She held faculty positions at the University of Idaho, Utah State University, and University of Northern British Columbia, where her innovative and integrated approach to natural resources education earned her the British Columbia Academic of the Year Award in 1997. Wini served 21 years with the U.S. Forest Service, retiring in 2010 as a regional director for the Alaska Region. A Professional Member of the Boone and Crockett Club since 1993, she also serves on the boards of Ducks Unlimited Canada, the Habitat Conservation Trust Foundation, and other non-profits. In 2017 she received the Wildlife Society’s highest honor, the Aldo Leopold Memorial Award.James L. Cummins holds a B.S. in fisheries management from Mississippi State University and an M.S. in fisheries science from Virginia Polytechnic Institute and State University. A Certified Fisheries Biologist and a Certified Wildlife Biologist, Cummins is Executive Director of Wildlife Mississippi. He formerly worked in the United States Senate. He is a Regular Member of the Boone and Crockett Club and currently serves as the club’s Vice-President. Cummins conceptualized and worked to pass legislation to protect, recover, and enhance forests, wetlands, prairie, wildlife, and endangered species, primarily with private landowners through the federal tax code and the Farm Bill.

ContentsContents ix Illustrations xii Foreword xv Preface xvii Bruce D. Leopold, Winifred B. Kessler, and James L. Cummins Introduction xxi Winifred B. Kessler, Bruce D. Leopold, and James L. Cummins SECTION I: Foundations of Wildlife Policy and Law 1. The Need for Wildlife Conservation and Policy 5 Robert D. Brown 2. History of Wildlife Policy and Law through Colonial Times 19 Bruce D. Leopold 3. Wildlife Ownership 27 Bruce D. Leopold 4. Gun Ownership 31 Warren Eastland 5. Jurisdiction of Federal and State Governments in the Development and Enforcement of Wildlife Law 39 Nick Wiley 6. Development of Federal, State, and Provincial Laws 53 Bruce D. Leopold, James L. Cummins, and Winifred B. Kessler 7. The United States Constitution and Wildlife Policy 65 David Anderson 8. The Canadian Constitution and Wildlife Policy 71 Winifred B. Kessler 9. Statutory Law and Agency Rulemaking 79 Mark Rey 10. Enforcement of Laws and Policies 89 Gabriel Paz and James R. Heffelfinger 11. Relationships of Indigenous Peoples to Natural Resources 103 Serra J. Hoagland and Chase Voirin 12. Use of Natural Resources for Subsistence in Alaska: Concepts, Policy, and Laws 115 Steven J. Kessler SECTION II: The North American Model of Wildlife Conservation 13. The North American Model of Wildlife Conservation and the Public Trust Doctrine 125 John F. Organ SECTION III: Federal Jurisdiction in the United States 14. Market Hunting and the Lacey and Black Bass Acts 139 Steven Williams and Jonathan Gassett 15. Migratory Wildlife 149 W. Alan Wentz 16. Federal Aid in Wildlife and Fisheries Conservation 163 John F. Organ 17. Land Reservation and Protection: Federal Lands 177 Winifred B. Kessler and Bruce D. Leopold 18. Wildlife Protection Legislation 193 William Porter, Russ Mason, and Kathryn Frens 19. Laws and Policies for Environmental Protection 209 Andrew Smith 20. Private Lands Conservation Programs 231 James L. Cummins 21. Presidential Executive Orders 247 Mitch Butler 22. The Judicial System and Wildlife 251 Carol Bambery-Frampton 23. Federal Legislative Processes for Funding Wildlife Conservation 263 Greg E. Knadle and Christopher Topik SECTION IV: Jurisdiction in Canada 24. Role of the Federal Government 279 Gary Goodwin 25. Role of Provincial and Territorial Governments 289 Gary Goodwin 26. Role of Nongovernmental Organizations in Policy Development 301 Gary Goodwin 27. Muskrat Helped Make the World: Priority Rights of Aboriginal Peoples to Wildlife in Canada 311 Bruce R. Muir and Annie L. Booth SECTION V: Jurisdiction in Mexico 28. Wildlife Policy and Laws in Mexico 343 Julio C. Gallardo SECTION VI: State, Provincial, and Conservation Organizations 29. Formation of Federal, State, and Provincial Agencies and Conservation Organizations 359 Ronald J. Regan 30. State Wildlife Policy in a National Environment 369 Perry S. Barboza and Daniel Tihanyi 31. Policy and Laws Relating to Tribal Wildlife Management 391 Jack Blackwell 32. Role of the Nonprofit Sector in Policymaking 401 James L. Cummins SECTION VII: International Conservation 33. Wildlife Policy and Law in Europe 425 Arie Trouwborst and Klaus Hackländer 34. Wildlife Policy and Laws in East Asia 445 Arthur Müller and Koichi Kaji (editors) Misook Kim (Republic of Korea); Leonid M. Baskin (Russian Far East); Kurtis Jai-Chyi Pei and Richard Taber (deceased) (Republic of China); Koichi Kaji and Arthur Müller (Japan) 35. Wildlife Policy and Laws in Africa 481 Gerhard Damm 36. Wildlife Policy and Law in the Caribbean 503 Howard P. Nelson 37. Wildlife Policy and Law in South America 519 Francisco J. Vilella 38. International Trade in Wildlife 535 David P. Rippeto SECTION VIII: The Policy Job In Conservation 39. The Policy Job in Conservation 553 Gary J. Taylor, Margaret Everson, Louie Perry, and Jeremy Witte SECTION IX: Policy and Law and the Public 40. The Role of the Public in Policy and Policymaking 569 Lyle Laverty 41. The Wildlife Professional's Involvement in Policy and Policymaking 579 Thomas M. Franklin 42. The Politics of Wildlife and Natural Resources 587 James L. Cummins Acknowledgments 600 Contributors 601 Appendix 609 Index 617