FEDERAL LEGISLATION

    The Lacy Act, as amended 18 U.S.C. §42, regulates the importation, exportation, and interstate transportation of wildlife and authorizes collection and publication of information on wild birds. Regulations adopted pursuant to this Act are found in Title 50, Code of Federal Regulations (50 CFR 11-14). Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (USFWS).

    The Migratory Bird Treaty Act, as amended 16 U.S.C. §§703-711, implements treaties with Great Britain (for Canada), Mexico, Japan and Russia for the protection of migratory birds whose welfare is a Federal responsibility. The Act regulates the taking, selling, transporting and importing of migratory birds, and provides penalties for violations. Regulations adopted pursuant to this Act and a species list are found in Parts 10-26 of Title 50, Code of Federal Regulations (50 CFR 10-26). Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (USFWS).

    The Migratory Bird Conservation Act of 1929, as amended 16 U.S.C. §715 et seq., authorized the acquisition, development, and maintenance of lands for the conservation of migratory waterfowl and investigations and publications on North American birds. Funding for the Migratory Bird Conservation Act comes from the Migratory Bird Conservation Fund, derived primarily from the sale of Federal duck stamps. Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (USFWS).

    Migratory Bird Hunting and Conservation Stamp Act of 1934, as amended 16 U.S.C. §718 et seq. (also known as the Duck Stamp Act), requires waterfowl hunters 16 years of age or older to possess duck stamps; authorizes acquisition of waterfowl production areas and use of duck stamp net revenue: (1) to acquire such areas and (2) to acquire migratory bird refuges under provisions of the Migratory Bird Conservation Act.

    A system of protection for certain migratory birds in the U.S. and Mexico was adopted under this treaty. The treaty regulates the rational use of certain migratory birds, and provides for the enactment of laws and regulations to protect certain birds by the establishment of closed seasons and refuges. The killing of insectivorous birds is prohibited under this treaty, except under permit when such birds are harmful to agricultural crops. The enactment contains regulations on the transportation of game mammals between the U.S. and Mexico. Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (USFWS).

    Federal Aid in Wildlife Restoration Act, as amended 16 U.S.C. §699 et seq. (1985 and Supp. 1991) (also known as the Pittman-Robertson Act), provides Federal aid to the States for wildlife restoration work. Funds from an excise tax on sporting arms and ammunition are provided to States on a matching basis for land acquisition, research, development, and management projects.

    Through the Pittman-Robertson Act, States can receive grants for up to 75 percent of the costs of wildlife conservation activities, including acquisition, restoration, and maintenance of wetlands. Responsible/Regulatory Agency: U.S. Fish and Wildlife Service (USFWS).

    The Act, as amended 16 U.S.C. §668 et seq., provides for the protection of the bald eagle and the golden eagle. Bald and golden eagles may be taken under a depredation permit or for scientific purposes, if previously approved. Golden eagles may be taken for falconry under a depredation permit, if previously approved. The regulations pursuant to the Act are in Part 22 Title 50, Code of Federal Regulations (50 CFR 22). Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (USFWS).

    The Lea Act, as amended 16 U.S.C. §695 et seq., authorizes the acquisition and development of management areas in California for waterfowl and other wildlife.

    The Fish and Wildlife Act of 1956 requires the Corps to consult with the U.S. Fish and Wildlife Service (USFWS) to prevent the direct and indirect loss of, or damage to, wildlife resources from a permitted activity. The Fish and Wildlife Act of 1956 also authorized the USFWS to acquire lands for wildlife refuges. Funding for the Fish and Wildlife Act comes from the Land and Water Conservation Fund which is from revenues derived primarily from oil and gas leasing. Regulatory/Responsible Agency: U.S. Army Corps of Engineers (COE); U.S. Fish and Wildlife Service (USFWS).

    The Land and Water Conservation Fund Act of 1965, as amended 16 U.S.C. §§460L-4 to 460L-11, creates a special Land and Water Conservation Fund derived from various types of revenue. Authorizes Bureau of Sport Fisheries and Wildlife and other Federal agencies (up to March 31, 1970) to collect entrance and user fees at their installations where outdoor recreation facilities meet certain qualifications. Authorizes appropriations from the fund for matching grants to States for outdoor recreation projects, and appropriations for acquisition of: (1) recreation lands adjacent to national wildlife refuges and national fish hatcheries; (2) any national area authorized for the preservation of fish and wildlife threatened with extinction; (3) inholdings in the national forest system; and (4) inholdings within the national park system and future outdoor recreation areas. A 1968 amendment expanded the fund to authorize appropriations and other revenues to make the income of the fund not less than $200 million a year for five years.

    The Marine Mammal Protection Act, as amended 16 U.S.C. §§1361-1407, generally prohibits taking and importation of marine mammals. The jurisdiction and administration of those portions under the Fish and Wildlife Service are found in 50 CFR 18. The jurisdiction and administration of those parts administered by the National Marine Fisheries Service are found under 50 CFR 216. Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service.

    The Endangered Species Act (ESA), 16 U.S.C. §§1531-1534, first enacted in 1973, prohibits any action that could harm, harass, or further endanger Federally designated endangered or threatened plant or animal species or the associated critical habitat. The purposes of the ESA are, in part, "... to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, [and] to provide a program for the conservation of such endangered and threatened species..."

    This Act establishes a national and international program for the protection of plant and animal species threatened with extinction. The ESA is jointly administered by the Secretaries of the Interior and Commerce, through the U.S. Fish & Wildlife Service (FWS) for terrestrial and freshwater species and the National Marine Fisheries Service (NMFS) for marine species. The Secretaries of Interior and Commerce are authorized to designate (list) those species which are "endangered" or "threatened" with extinction and delineate specific habitat areas deemed critical for their survival and recovery. An endangered species is "any species which is in danger of extinction throughout all or a significant portion of its range...". A threatened species is "any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range". The Secretaries are instructed to develop plans outlining the necessary steps required to bring about the recovery and eventual de-listing of the species, including acquisition of habitat.

    The ESA also specifies that whenever Federal agencies propose to authorize, carry out, or approve an activity which may adversely affect a listed species and/or its critical habitat, the project proponent must consult with the appropriate service. Specifically, the ESA requires Federal agencies, in consultation with the FWS and/or NMFS, to ensure that their actions do not jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of the critical habitat of these species. The service is required to engage in a formal consultation with the Federal agency project proponent, and to issue a "Biological Opinion," determining if the project could jeopardize the species or adversely affect coastal habitat. The Biological Opinion must include any mitigation measures necessary to reduce or eliminate impacts to the species. The Federal agency is prohibited from granting a permit if such a determination is made.

    In some circumstances, Federal agencies conducting activities which may adversely affect a listed species may receive permits, known as "incidental take statements", from the appropriate service for activities that may incidentally affect the listed species. Similarly, the FWS and NMFS may issue "incidental take permits" to private parties and State and local governments (i.e., individuals, developers, cities, counties) provided that an acceptable Habitat Conservation Plan (HCP) has been developed and submitted to the appropriate service with the appropriate environmental documentation according to the National Environmental Policy Act.

    Habitat Conservation Plans (HCPs) aim to protect endangered or threatened species and their habitat by designating appropriate conservation measures for habitat maintenance and enhancement to be used during the process of land development. These plans also identify preserve areas where land is to be protected to mitigate for the loss of habitat elsewhere within the species' range, and must include funding for the conservation program. The FWS encourages large scale, cooperative HCP's to avoid fragmented, piecemeal conservation efforts, as well as to streamline permit processing for individual project applicants. Regulatory/Responsible Agency: U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS).

    The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was agreed upon in 1973 and became operational in 1975. Also known as the Washington Convention, CITES was originated to control the global trade in endangered species of wildlife and any products derived from them. With 103 members, CITES is one of the most successful and widely supported international conventions, although the protection of plants lags well behind that of animals.

    CITES operates through a system of import, export, and re-export permits. The Convention has three appendices. Appendix I forbids trade in all animals listed on it or any products derived from them; Appendix II restricts trade in separately listed species considered to be at risk of becoming endangered; Appendix II allows individual nations to announce their own domestically endangered species and trading regulations. Although contracting parties agree not to trade in species on Appendix I and to record all trade in those plants and animals on Appendix II, any signatory nation can announce a "reservation" which provides it with exemption from the CITES trade restrictions.

    Data compiled by the Wildlife Trade Monitoring Unit of the World Conservation Union (IUCN) indicate that trade is prohibited for about 680 species on Appendix I and regulated for a total approaching 30,000 species on Appendix II. Parties to the Convention are required to submit annual reports and records of trade to the CITES Secretariat in Switzerland. Illegal trade is monitored by the Trade Records Analysis of Flora and Fauna in Commerce (TRAFFIC), a network of offices with eleven branches, affiliated to the Worldwide Fund for Nature (WWF) and the IUCN. Regulatory/Responsible Agency: World Conservation Union (IUCN).

    Executive Order 11987 (May 24, 1977), announced by President Carter at the beginning of his term in office, deals with the need to control or eradicate introduced organisms that threaten economic and environmental resources in the United States. Executive Order 11987 (Federal Register, Vol. 42, No. 101 - Wednesday, May 25, 1977) states that:

(a)   Executive agencies shall, to the extent permitted by law, restrict the introduction of exotic species into the natural ecosystems on lands and waters which they own, lease, or hold for purposes of administration; and, shall encourage the States, local governments, and private citizens to prevent the introduction of exotic species into natural ecosystems of the United States.

(b)   Executive agencies, to the extent they have been authorized by statute to restrict the importation of exotic species, shall restrict the introduction of exotic species into any natural ecosystem of the United States.

(c)   Executive agencies shall, to the extent permitted by law, restrict the use of Federal funds, programs, or authorities used to export native species for the purpose of introducing such species into ecosystems outside the United States where they do not naturally occur.

    This Order does not apply to the introduction of any exotic species, or the export of any native species, if the Secretary of Agriculture or the Secretary of Interior finds that such introduction or exportation will not have an adverse effect on natural ecosystems. Regulatory/Responsible Agency: U.S. Department of Interior in consultation with the U.S. Department of Agriculture.

    The Fish and Wildlife Coordination Act, 16 U.S.C. §§661-668 (1985 & Supp. 1991), established guidelines for consultation between the USFWS and the Corps. Mitigation measures are also identified to prevent the loss of, or damage to, wildlife resources from a permitted activity. The purpose of this Act is to provide fish and wildlife resources "equal consideration" with other features of water resource development programs. Whenever a project proposes to modify or control waters of a stream or other body of water, the USFWS, DFG, and NMFS (if applicable) must be consulted regarding the fish and wildlife resources of the project area, with a view to the conservation of [such] resources by preventing their loss and damage. Under this Act, these agencies are authorized to comment on Section 404 permit applications, and the COE must consult with them and give full consideration to their views on fish and wildlife matters. Unlike the EPA, however, these agencies are not authorized to veto a COE permit. Regulatory/Responsible Agency: U.S. Army Corps of Engineers (COE), U.S. Fish and Wildlife Service (USFWS); California Department of Fish and Game (DFG); National Marine Fisheries Service (NMFS).

    The Non-indigenous Aquatic Nuisance Species Prevention and Control Act was passed in 1990 as a consequence of economic and environmental damage resulting from invasions of eastern waterways by the zebra mussel. This act authorized Federal agencies to conduct programs directed towards problem aquatic non-indigenous species but a lack of appropriation authority limits its implementation.