Wildlife Law A Primer

"Wildlife Law: A Primer is an indispensable reference for anyone engaged in wildlife conservation. Covering a vast and complex field with both clarity and depth, this easy-to-understand primer is a must-have for biologists, land managers, journalists

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A Primer



Eric T. Freyfogle, Dale D. Goble, and Todd A. Wildermuth

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wildlife law

wildlife law: A Primer Second Edition

Eric T. Freyfogle, Dale D. Goble, and Todd A. Wildermuth

Washington | Covelo | London

Copyright © 2019 Eric T. Freyfogle, Dale D. Goble, and Todd A. Wildermuth All rights reserved under International and Pan-American Copyright Conventions. No part of this book may be reproduced in any form or by any means without permission in writing from the publisher: Island Press, 2000 M Street, Suite 650, Washington, DC 20036 Library of Congress Control Number: 2019933786 All Island Press books are printed on environmentally responsible materials. Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 Keywords: Endangered Species Act, federal lands, fishing, game laws, game ranches, habitat conservation, high-fence hunting, hunter trespass, hunting, Indian tribes, Lacey Act, migratory birds, no jeopardy, off-reservation, public trust, wildlife, wildlife habitat, wildlife law, wildlife management, wildlife refuges, wildlife trust

Contents

Preface ix   1. The Basics  1 2. State Ownership and the Public Interest  19 3. Capturing and Owning  37 4. Wildlife on Private Land  57 5. Inland Fisheries  76 6. The Constitutional Framework  96 7. State Game Laws and Nuisance Species  117 8. Private Wildlife Operations  141 9. Tribal Rights to Wildlife  159 10. Key Federal Statutes  180 11. Wildlife on Federal Lands  206 12. Endangered Species Act: Listing and Critical Habitat  233 13. Endangered Species Act: Protections  257 Notes 287 About the Authors  311 Index 313

Preface

Wildlife Law: A Primer, second edition, provides a current overview of wildlife law in the United States. It updates the first edition of 2009, taking account of the many ensuing legal developments. It also adds new material on private wildlife reserves (including game ranches), nongame wildlife species, and other topics while expanding the coverage of the Endangered Species Act. Like the first edition, it remains the only volume, past or present, that gets beneath the surface of both state and federal wildlife law. As before, we have sought to make this edition both legally sound and accessible to readers with no legal training. Our target audience includes professionals and students in the wildlife and natural resources fields, as well as citizens concerned about conservation, wild animals, and the health and beauty of landscapes. Law students and lawyers should also find the book quite useful. A particular hope is that this book will prove suitable for use in courses offered to wildlife professionals, both to students and to professionals in their continuing education, and in training programs for government professionals. To that end, we have created a