Wildlife

Summary: The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed.

Summary: The time has come for our legal system to reflect the value of wildlife in our society. As such, we must revise our thinking on the issue of takings as it refers to wildlife. Many wildlife policies and state initiatives show that the American public greatly values wildlife. Recent polls indicate that seventy-four percent of Americans want leghold traps banned in the United States. However, our legal system only compensates for the taking of property, and only for economic reasons.

Summary: The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land serves more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlawful Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southwestern United States.

Summary: Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. The authors conclude that ADC activities should be terminated immediately.

Summary: Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries’ tuna, to force tuna-fishing nations to use dolphin-safe practices.

Summary: Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.

Summary: This article outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

Summary: This report contains brief summaries of federal animal protection statutes, from the African Elephant Conservation Act to the Wild Free-Roaming Horses and Burros Act. While not including treaties, it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates. Among recent statutes included in the report are the 1992 and 1994 amendments to the Marine Mammal Protection Act of 1972, section 404C of the Public Health Service Act, the 1994 amendments to the TwentyEight Hour Law, and the Wild Bird Conservation Act of 1992.

Summary: After describing the practice and effects of bear baiting, the article recounts the USFS's reluctant and haphazard attempts to develop a national policy on bear baiting, and the resulting legal challenges. The authors examine the scope of USFS authority to regulate human activities in the national forests, particularly with regard to actions impacting wildlife, then analyze the USFS's recent proposed "national policy" on bear baiting. Finally, the authors will explain why the USFS should apply the same management principles and standards to controversial 'hunting" practices, such as bear baiting, as it does to other uses of the nation's forests which have environmental impacts and interfere with the use and enjoyment of the forests by other users.

Summary: African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to further deter participation in the illegal ivory trade. For tax purposes, illegal ivory should be treated similarly to other activities that have both legal and illegal operations, such as marijuana, gambling, and prostitution. Congress could impose an excise tax on ivory and an occupational tax on those who make or sell ivory products. In addition, there are several tax crimes in the Internal Revenue Code that are applicable to those who sell illegal ivory and do not report the income on their tax returns. For example, tax evasion is one of the related criminal activities associated with wildlife trafficking. Tax consequences will hopefully provide a further disincentive to those participating in the illegal ivory trade.