Fish and Wildlife Dept

Summary:

Plaintiffs sued defendant fish and game protectors to recover damages for the loss of their seized fishing nets.  At issue was the New York statute that prohibited fishing in the area where plaintiffs were fishing and proscribed seizure of fishing gear used in violation of the statute.  The U.S. Supreme Court held that such a statute is a constitutional exercise of state police power, as the protection of fish and game has always been within the proper domain of police power.  Further, the court found the legislature acted properly in providing a seizure component to the statute to control what it termed a "public nuisance." 

Summary:

This paper analyzes the conflicting management goals for the double-crested cormorant in Canada and the United States. In doing so, the paper answers the question whether one can predict how the migratory, double-crested cormorant population will be managed through international law, when the United States perceives the rise of the cormorant population an economic and biological threat, but where Canada views the cormorant’s comeback a biodiversity success story.

Summary:

This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.

Summary:

This discussion explores the apparent conflict of interests between pro-hunting and anti-hunting advocates in the management of state natural resources by state agencies. Section one describes the history of the Pittman-Robertson Act and its effects on how States implement their environmental policies. Section two describes how it appears that each State’s Department of Natural Resources or Department of Game and Fish caters only to the hunter in designating and implementing its environmental policies. Section three discusses the “intelligible principle” and its application in all the above-mentioned states. Specifically, the section will discuss how some anti-hunting organizations and other environmental organizations, which may or may not be anti-hunting, attempt to show that a state legislature has unconstitutionally delegated its authority to its Department of Natural Resources or Department of Game and Fish in order to show that the current system of determining and implementing state environmental policies is null and void. Finally, section four describes how the environmental policy interest of hunters is really the same as other (non-hunting) pro-environment/natural resource groups.

Summary:

This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a brief survey of the legal issues found at the intersection between Indian law and animal law, including both domestic animal issues and fish and wildlife issues. The article presents a working understanding of animal advocacy in Indian Country today and concludes that Indian Country may provide a valuable opportunity to craft model animal protection schemes.

Summary:

This article suggests that an obstruction of sound environmental policy occurred in 2003 when The Fund for Animals used the National Environmental Policy Act to prevent the U.S. Fish and Wildlife Service and the Maryland Department of Natural Resources from implementing a plan to cull the population of mute swans in the Chesapeake Bay. The author suggests that there is no question that feral mute swans (cyngus olor) are harmful to the native habitats of the Chesapeake Bay. The research and scientific record into the effects of non-native mute swans on native environs is both extensive and comprehensive.

Summary: This regulation covers the importation, possession, and sale of exotic wildlife.

Summary: This chapter of the Administrative Code provides the definitions for the remaining chapters of the Code, and includes a declaration of the Fish and Wildlife Conservation Commission's authority to regulate all wild animal life within the state.