Digital journal Element 4

North American Waterfowl Management Plan and Policy

All direct citations without author credit are taken from U.S. Fish and Wildlife service websites listed in literature cited with no specific author delineated. 

The North American Waterfowl Management Plan

The first North American Waterfowl Management plan was developed in 1985 in response to waterfowl populations dropping to detrimental numbers. The goal of this plant was to return waterfowl populations to their historical abundances.  It was signed by North America and Canada in 1986 this plan relies on "joint ventures, involving federal, state, provincial, tribal, and local governments, businesses, conservation organizations,and individual citizens." The plan has resulted in four and a half billion dollars in millions of acres of restoration and enhancement.Mexico joined this agreement in 1994 This plan is created every year by the North American Waterfowl Management Plan Committee, which includes members from multiple countries. This plan delineates objectives for waterfowl population numbers, habitats, and people. It also discusses ways to improve waterfowl conservation and adaptive harvest management strategies.Joint ventures are groups of people from different professional backgrounds that put conservation plans into action. There have been 18 designated joint ventures to focus on bird conservation, with designations being based on habitat structure,

Adaptive Harvest Management

Adaptive Harvest Management is the strategy of altering take and disturbance according to population sizes and health. This approach was first adopted in 1995 and relies on continuous monitoring of population trends.  

" The key components of Adaptive Harvest Management are

(1) a limited number of regulatory alternatives, which describe Flyway-specific season lengths, bag limits, and framework dates;
(2) a set of population models describing various hypotheses about the effects of harvest and environmental factors on waterfowl abundance;
(3) a measure of reliability (probability or "weight") for each population model; and
(4) a mathematical description of the objective(s) of harvest management (i.e., an "objective function"), by which alternative regulatory strategies can be evaluated."

Using the information provided by monitoring and hunter surveys stochastic simulations can be performed and the best regulations can be determined to maintain population health. These simulations must factor in differences in environment, manager control, manager monitoring ability, and unknown or unpredicted biological processes.

Waterfowl Policy

1900 Lacey Act 

The Lacy act is an act passed in 1900. It was then amended in 1949,1981 and, 2008.

The main provisions under this statue are

 "It is unlawful to import, export, sell, acquire, or purchase fish, wildlife or plants that are taken, possessed, transported, or sold: 1) in violation of U.S. or Indian law, or 2) in interstate or foreign commerce involving any fish, wildlife, or plants taken possessed or sold in violation of State or foreign law."

This act was one of the first laws developed to protect wildlife and stop the massive market hunting trend during this era. the 1949 amendment includes importation of animals that may be harmful to agriculture like invasive or pest species.   The 1981 amendment adds animals and plants protected under the Convention on International Trade in Endangered Species and, those protected under the state law. The 2008 amendment alters the act to include more protected plants.

1918 Migratory Bird Treaty Act

The Migratory Bird Treaty Act is an act passed in 1918 and then amended again in 1936, 1960, 1968, 1969, 1974, 1978, 1986, and 1998. It was a treaty between the U.S. and Great Britain. Now the treaty also includes Mexico, Japan, and Russia. 

The main provisions listed in the statue are:

"Establishment of a Federal prohibition, unless permitted by regulations, to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird." (16 U.S.C. 703)

The 1936 amendment included Mexico in the treaty.  The 1960 amendment harshened the penalty for non-compliance. The penalty then for non-compliance was raised to two thousand dollars and imprisonment could not exceed two years. The 1969 amendment ties into the Lacey Act and repeals the Migratory Bird Treaty act from "prohibiting the shipment of wild game mammals or parts to and from the U.S. or Mexico." The 1974 amendment included Japan in the act over the "Protection of Migratory Birds and Birds in Danger of Extinction." The 1978 amendment included Russia in the act and "authorizes the forfeiture to the U.S. of birds and their parts illegally taken, for disposal." The 1986 amendment was part of the Emergency Wetlands Resources Act lessened punishments by requiring severe violations must be "knowingly committed." The 1998 amendment was entitled the "Migratory Bird Treaty Reform Act of 1998." This law made it illegal to bait game birds to be taken.This law also made fines for felony and misdemeanor convictions worse. 

1929 The Migratory Bird Conservation Act

The Migratory Bird Conservation Act is an act passed in 1929. It was amended in 1976 and 1978. 

The main provisions under this act 

"Established a Migratory Bird Conservation Commission to approve areas recommended by the Secretary of the Interior for acquisition with Migratory Bird Conservation Funds. The Commission consists of the Secretary of the Interior (as chairman), the Secretaries of Transportation and Agriculture, two members of the Senate and two of the House of Representatives, and an ex-officio member from each State in which acquisition is being considered."

The act was amended in 1976 to include the purchase or rental of a partial interest in land or waters. The act was again amended in 1978 to require that the federal government must consult and agree with local and state government before purchasing or renting an area. It was also amended in 1983, 1984, and 1986 to  approve individual property acquisitions approved by either the state or governor.

1934 Migratory Bird Hunting and Conservation Stamp Act

The Migratory Bird Hunting and Conservation Stamp Act or the "Duck Stamp Act" was established March 16, 1934. The act was then amended in 1949, 1958, 1971, 1976, 1978, 1982,1984, 1986, 1988, and 1998. 

The main provision listed in the statue are: 

"Requires each waterfowl hunter 16 years of age or older to possess a valid Federal hunting stamp. Receipts from the sale of the stamp are deposited in a special Treasury account known as the Migratory Bird Conservation Fund and are not subject to appropriations" 

The original price of this stamp was one dollar. This program was designed to sequester funds and merge them with funds collected under the Wetlands Loan Act to buy waterfowl protected areas. the 1949 amendment raised the price of the stamp to two dollars. The 1958 amendment raised the price of the stamp again, now to three dollars.The act was then amended in 1971 to allow the Secretary of the Interior to change the price of the stamp yearly, with the price ranging from 3 to 5 dollars depending on migratory birds needs.The 1976 amendment authorizes the postal service to be reimbursed for producing the stamps. This act also changed the name to add the word conservation to the name of the act. The 1978 amendment authorized an additional increase to 7.50 if there was a shortage on Migratory Bird Conservation funds. The 1982 amendment alters the place where the contest to select the design of the stamp receives funds. The 1984 amendment allows stamps to be reproduced at a smaller scale and allots all of the proceeds to the Migratory Bird Conservation Fund. The 1986 amendment prevented price decreases due to the "Gramm-Rudman deficit reduction." The 1988 amendment authorize payment to the U.S. Fish and Wildlife service for marketing and promotional costs. The 1998 amendment allocated up to one million dollars to promote the duck stamp.

1937 Federal Aid in Wildlife Restoration Act 

The Federal Aid in Wildlife Restoration or the "Pittman-Robertson Act" was  in acted in 1937 to provide funds for the restoration of wildlife populations. It has been amended in 1970, 1984, and 1989

The main provision under this statue is 

"Funds from an 11 percent excise tax on sporting arms and ammunition [Internal Revenue Code of 1954, sec. 4161(b)] are appropriated to the Secretary of the Interior and apportioned to States on a formula basis for paying up to 75 percent of the cost approved projects. Project activities include acquisition and improvement of wildlife habitat, introduction of wildlife into suitable habitat, research into wildlife problems, surveys and inventories of wildlife problems, acquisition and development of access facilities for public use, and hunter education programs, including construction and operation of public target ranges."

The act was then amended in 1970 to include a ten percent tax on firearm, fifty percent of which could be allocated to hunter safety programs. The act was further amended to include an eleven percent tax on bows and arrows. The act was then amended again in 1984 twice, once to include cross bow equipment under the tax and second to include American Samoa in those eligible for wildlife restoration and hunter safety programs.In 1989 the act was amended to require fund be invested to collect interest. It also delineates that the interest should be allocated to the North American Wetlands Conservation Act.

1948 Water Pollution Control Act

The Water Pollution Control Act was enacted in 1948. Since then it has been amended multiple times with major amendments happening in 1961, 1966, 1970, 1972, 1977, and 1987. 

The main provisions under this statue are 

"authorization to the Surgeon General of the Public Health Service, in cooperation with other Federal, state and local entities, to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries and improving the sanitary condition of surface and underground waters. During the development of such plans, due regard was to be given to improvements necessary to conserve waters for public water supplies, propagation of fish and aquatic life, recreational purposes, and agricultural and industrial uses. The original statute also authorized the Federal Works Administrator to assist states, municipalities, and interstate agencies in constructing treatment plants to prevent discharges of inadequately treated sewage and other wastes into interstate waters or tributaries"

The 1961 amendment, titled the Federal Water Pollution Act requires federal agencies to consider water flow when creating reservoirs.the Clean Water Restoration Act of 1966 resulted in the creation of a study on the effects of pollution in estuary environments. The Reorganization plan of 1970 created the Environmental Protection Agency and abolished the Federal Water Quality Administration. The 1970 Water Quality improvement act banned the spillage of oil into the water sources. There were also additional amendments in 1970 there was also legislation passed to regulate sanitation of marine vessels, control mine pollution, and protect the Great Lakes watersheds. The Federal Water Pollution control Act of 1972 revised the definition of pollution. These revisions created the Clean Lakes Program, the NAtional Pollutant Discharge Elimination System and, allowed the EPA to issue permits on discharging pollutants.

The Clean Water Act of 1977 amended this act by adding many new "provisions including

• Development of a "Best Management Practices" Program as part of the state areawide planning program (33 U.S.C. 1288)
• Authority for the Fish and Wildlife Service to provide technical assistance to states in developing "best management practices" as part of its water pollution control programs (33 U.S.C. 1288(i)(1))
• Authorization of $6 million for the Secretary of Interior to complete the National Wetlands Inventory by December 31, 1981 (33 U.S.C. 1288(i)(2))
• Authority for the Corps of Engineers to issue general permits on a state, regional, or national basis for any category of activities which are similar in nature, will cause only minimal environmental effects when performed separately, and will have only minimal cumulative adverse impact on the environment (33 U.S.C. 1344(e))
• Exemption of various activities from the dredge and fill prohibition including normal farming, silviculture, and ranching activities (33 U.S.C. 1344(f))
• Procedures for State assumption of the regulatory program, including a requirement that the Director of the Fish and Wildlife Service be involved in an advisory role regarding transfer of the program to the State (33 U.S.C. 1344 (g-m))
• Requirement for development of agreements to minimize duplication and delays in permit issuance (33 U.S.C. 1344 (g))"

The most current amendment to the act, The Water Quality act of 1987 includes many new provisions including:"

• Authority to continue the Chesapeake Bay Program and to establish a Chesapeake Bay Program Office (33 U.S.C. 1267). The original authorization for this program, the Chesapeake Bay Research Coordination Act of 1980 (P.L. 96-460), expired on September 30, 1984
• Establishment of a Great Lakes National Program Office within EPA and a Great Lakes Research Office within NOAA (33 U.S.C. 1268). Related Federal agencies, including the Fish and Wildlife Service, are required to submit annual reports to EPA regarding agency activities affecting compliance with the 1978 Great Lakes Water Quality Agreement
• Requirement that EPA, in conjunction with the Fish and Wildlife Service and NOAA, conduct research, as part of the Great Lakes Program, on the harmful effects of pollutants on the general health and welfare (33 U.S.C. 1254). Such research should emphasize the effect bioaccumulation of these pollutants in aquatic species has upon reducing the value of aquatic commercial and sport fisheries
• Requirement that states develop strategies for toxics cleanup in waters where the application of "Best Available Technology" (BAT) discharge standards is not sufficient to meet State water quality standards and support public health (33 U.S.C. 1314)
• Increase in the penalties for violations of Section 404 permits (33 U.S.C. 1344)
• Provisions that additional State reporting requirements on water quality of lakes including methods to mitigate the harmful effects of high acidity (33 U.S.C. 1324). Authorization for EPA to undertake a water quality demonstration program for lakes with an authorization of $15 million to States, with funds to be distributed based on relative acidity problems
• Establishments of $400 million program for States to develop and implement, on a watershed basis, nonpoint source management and control programs with EPA responsibility for grant administration, program approval, and periodic program evaluation (33 U.S.C. 1329)
• Authorization for a State/Federal cooperative program to nominate estuaries of national significance and to develop and implement management plans to restore and maintain the biological and chemical integrity of estuarine waters (33 U.S.C. 1330). Authorization to NOAA to conduct water quality research and trends assessment in estuaries of national significance
• Requirement that EPA study and monitor the water quality effects attributable to the impoundment of water by dams (33 U.S.C. 1375)"

1961 Wetlands Loan Act

The Wetlands Loan Act was passed in 1961. It was then amended again in 1969, 1976, 1983, 1984, 1986, and 1988. 

The main provision under this statue are

 "Authorizes an advance of funds against future revenues from sale of "duck stamps" as a means of accelerating the acquisition of migratory waterfowl habitat."

This act was amended in 1969 and 1976 to increase the loan amount and extend the loan to September 1983. The act was then amended in 1983 to extend the loan to 1984 and amended in 1984 to extended through 1986. In 1986 the law was amended to forgive loan advances and extend loan to 1988. In 1989, the loan was extended until all allocated funds have been expended so far, $197,439,000.

1966 The Endangered Species Preservation Act

This act was put into place to start to protect species with low and dwindling numbers. It was quickly rewritten and passed as the 1969 Endangered Species Conservation Act and, again rewritten in 1973 as the Endangered Species Act which repealed the first on.

1973 The Endangered Species Act 

The 1973  Endangered Species Act is a important piece of legislature which has been the core law in thousands of wildlife protection cases. It was first developed in 1966 as the Endangered Species Conservation Act. This was then rewritten as the 1969 Endangered Species preservation act. The 1973 version of the act is considered it final revision although, it has been amended many times. 

The main provisions under this statue are

"Through federal action and by encouraging the establishment of state programs, the 1973 Endangered Species Act provided for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend. The Act:

• authorizes the determination and listing of species as endangered and threatened;

• prohibits unauthorized taking, possession, sale, and transport of endangered species;

• provides authority to acquire land for the conservation of listed species, using land and water conservation funds;

• authorizes establishment of cooperative agreements and grants-in-aid to States that establish and maintain active and adequate programs for endangered and threatened wildlife and plants;

• authorizes the assessment of civil and criminal penalties for violating the Act or regulations; and

• authorizes the payment of rewards to anyone furnishing information leading to arrest and conviction for any violation of the Act or any regulation issued thereunder.

Section 7 of the Endangered Species Act requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat."

The act was amended in 1976 to extended the allocations in section 15 of the act. The act was also amended in 1976 to exclude whale parts held before the passage of the original 1973 law. 1977 extended federal grants to states. In 1978 the president made extensive changes to the 1973 law, including section 15. These changes excluded the secretary of defense in situation due to national security. It also formalized section seven and requires biological assessments for endangered species, created agreements with states about the conservation of plants, exemptions of legally held raptors, and changes in the definition of "species" and "population". In 1979 an exemption was provided for the Tellico Dam regardless of it's threat to the endangered snail darter. In 1979 there was also an amendment to include provisions from the CITES treaty.the 1984 amendment allows for the usage of Lacey act fines to care for seized animals and plants. There was also amendment in 1984 to clarify how marine mammals were treated under the act. In 1986 an amendment was implemented to allow for the translocation of sea otters. In 1988 there was a major amendment to the act including the following provisions

"

• Redefines the definition of "person" to clarify law applies to municipal corporations.

• Provides equal authority to Departments of Interior and Agriculture for enforcing restrictions on import/export of listed plants.

• Requires the Secretary of the Interior to monitor all petitioned species that are candidates for listing and specifies emergency listing authority.

• Directs the Secretary of Interior to develop and review recovery plans for listed species without showing preference for any taxonomic group.

• Establishes recovery plan criteria for listed species.

• Requires a status report to Congress on recovery plans, every two years.

• Provides for public review of new or revised recovery plans prior to final approval.

• Requires five-year monitoring for species that have recovered and been delisted.

• Clarifies the use of funds allocated to the States and establishes criteria for allocations.

• Directs that deposits from the General Fund amounting to 5 percent of Pittman-Robertson/Wallop-Breaux Federal Aid accounts be made each year into a special cooperative Endangered Species Conservation Fund.

• Prohibits damage or destruction of endangered plants on Federal lands and on private lands when knowingly in violation of State law.

• Increased by a factor of two-and-one-half the civil and criminal penalties provided under section 11.

• Required the Secretary of Commerce to contract for a National Academy of Sciences study for conservation and status of sea turtles to be completed and reported to Congress by April 1, 1989; and delayed implementation of Turtle Excluder Device regulations until May 1, 1990, inshore and May 1, 1989, offshore. Provided for establishment of a Sea Turtle Coordinator. Authorized $1.5 million through FY89 to carry out the sea turtle provisions.

• Requires Administrator of the Environmental Protection Agency in cooperation with Secretaries of Interior and Agriculture, to conduct a study for identifying reasonable and prudent means to implement endangered species pesticide labeling program, and to report to Congress one year after enactment of this Act.

• Allows further renewal up to five years for certificates of exemption of pre-Act scrimshaw.

• Requires annual accounting to Congress, starting January 15, 1990, of reasonably identifiable expenditures, species-by-species, made for conserving Endangered or Threatened species; and also requests an accounting by those States receiving section 6 grants.

• Reauthorizes appropriations for Fiscal Years 1988 through 1992, as follows:

Department of Interior -- $35,000,000 for FY88; $35,500,000 for FY89; $38,000,000 for FY90; $39,500,000 for FY91; $41,500,000 for FY92.
Department of Commerce -- $5,750,000 for FY88; $6,250,000 for each of FY89 and FY90; and $6,750,000 for each of FY91 and FY92.
Department of Agriculture -- $2,200,000 for FY88; $2,400,000 for each of FY89 and FY90; and $2,600,000 for each of FY91 and FY92.
To the Secretary to carry out functions under sections 7(e),(g),and (h) -- Not to exceed $600,000 for each Fiscal Year through 1992.
Western Hemisphere Convention implementation, not to exceed $400,000 for each of FY88, 89, and 90 and $500,000 for each of FY91 and 92.
In addition to amending the Endangered Species Act, P.L. 100-478 also included the African Elephant Conservation Act."
There was an additional amendment in 1992 to include lands under the Magnuson-Stevens Fishery Conservation and Management Act under the ESA. An amendment in 1997 provided emergency instruction under Section 7. The 2004 National Defense Authorization Act exempts the military lands from critical habitat designation.

1975 CITES

CITES or, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is an international treaty designed to prevent the international trade of endangered species. The convention was created as a result of a resolution adopted by the International Union for the Conservation of Nature. It was originally approved by representatives of eighty countries. Today 176 countires participate in enforcing CITES, including protection measure for over 30,000 species. CITES has three appendixes that species can be listed under including

• "Appendix I: Includes species threatened with extinction and provides the greatest level of protection, including restrictions on commercial trade. Examples include gorillas, sea turtles, most lady slipper orchids, and giant pandas.  Currently 926 species are listed. Of this number, approximately 114 species are native to the United States.

• Appendix II: Includes species that although currently not threatened with extinction, may become so without trade controls. It also includes species that resemble other listed species and need to be regulated in order to effectively control the trade in those other listed species. Most CITES species are listed in this Appendix, including American ginseng, paddlefish, lions, American alligators, mahogany and many corals. Currently 33,790 species are listed. Of this number, approximately 1,037 species are native to the United States.

• Appendix III: Includes species for which a range country has asked other Parties to help in controlling international trade. Examples include map turtles, walruses and Cape stag beetles. Currently 266 species are listed. The United States currently has 22 animal species and 1 plant species listed in Appendix III. Many of these animal species are freshwater turtles, which were listed in 2006."

The act requires monitoring of trade by the country's wildlife management. In the United States this means that this act requires the U.S. Fish and Wildlife Service to implement its provisions.

1985 Farm Bill 

The Farm Bill of  1985 was an agricultural bill passed with many conservation features. It was amended once by the Food, Agriculture, Conservation , and Trade Act of 1990. 

This act had a Swampbuster clause preventing farmers utilizing converted wetlands from obtaining subsidies for doing so. When the bill was amended, this implemented penalties for wetland conversion.This act also provided that mitigation must occur for the wetlands converted for agriculture, even if the wetland was converted before 1985. The Conservation Reserve program was also established under this act, providing financial incentives for retaining some lands in a permanently covered state. In 1990 the program was replaced by the Environmental Conservation Acreage Reserve Program, extending conservation by five million acres. The Wetlands Reserve Program was also developed to offer farmers incentives to restore their crop lands back to wetland areas. The 1985 act also allowed for the government to sell restored wetlands to state governments or non-profit organizations for future conservation efforts.

1986 Emergency Wetlands Resources Act 

The Emergency Wetlands Resources Act was established in 1986.

This acts main provision are

" authorizes the purchase of wetlands from Land and Water Conservation Fund monies, removing a prior prohibition on such acquisitions. It required the Secretary to establish a National Wetlands Priority Conservation Plan, required the States to include wetlands in their Comprehensive Outdoor Recreation Plans, and transferred to the Migratory Bird Conservation Fund amounts equal to the import duties on arms and ammunition" 

This act established fees to enter National Wildlife Refuges, established a fee increase regimen  that doubled raised the duck stamp price from 7.50 to 15.00 gradually till 1991. It extends the provisions listed under the Wetlands Loan Act and delineates that the National Wetlands inventory should be completed by September 1998 and monitored for wetland loss.

1989 North American Wetlands Conservation Act

 The North American Wetlands Conservation Act was established in 1989. It was then amended in 1990, 1994, and 1998.

The main provisions under this statue are:
 "providing funding and administrative direction for implementation of the North American Waterfowl Management Plan and the Tripartite Agreement on wetlands between Canada, U.S. and Mexico"

 This act allocated funds for wetland conservation projects. This act was also responsible for the creation of the North American Wetlands Conservation Council. The 1990 revision delineates that the director of this council is responsible for NEPA and ESA compliance. The 1994 amendment provided additional funds though 1998. The 1998 amendment reauthorized the law and continued the funding schedule into 2003 and appointed a Ducks Unlimited member to sit on the council for a three year term.

Every state has its own individual set of laws and regulations on hunting, which are reviewed each year to ensure they comply with management decisions.

California has numerous laws delinting the provisions for waterfowl hunting from shooting time, to bag limit, to equipment regulations. These laws include statue 250.5, 251, 251.5, 251.78, 251.8, 251.9, 252, 255, 258, 260, 260.1, 260.2, 260.3, 260.4, 260.5, 262, 263, 311.6, 354, 502, 503, 505, 506, 507, 507.1, 507.5, 509, 510, 800, and 730 which can all be viewed at <http://www.fgc.ca.gov/regulations/current/waterfowlregs.aspx>

Local Hunters

Local Hunters must abide by all of the California Statues listed above. Hunting is permitted on private lands and, on the Humboldt Bay National Wildlife Refuge.

Literature Cited

Baldassarre, G. A. 2006 Waterfowl Ecology and Mangement, Second Edition. Krieger Publishing             Company. Malabar, Florida.

Congresional and Legislative Affairs. Digest of Federal Resource Laws. 2013. U.S. Fish and Wildlife Services, Division of Congressional and Legislative Affairs. <http://www.fws.gov/laws/lawsdigest/Resourcelaws.html>

Division of Bird Habitat Conservation. 2009. North American Waterfowl Management Plan. U.S. Fish and Wildlife Services < http://www.fws.gov/birdhabitat/NAWMP/index.shtm"

Migratory Bird Program. 2013. Adaptive Harvest Managment. U.S. Fish and Wildlife Service. <http://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/AHM/AHM-intro.htm>