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Fisheries
Legal Processes and Fisheries Management
| Question | Answer |
|---|---|
| Legal Process in Fisheries Management | Laws regulations and judicial rulings that govern fisheries resources |
| Who owns fish (general rule) | Mostly the states except on federal lands and 3–200 miles offshore |
| 10th Amendment (States’ Rights Doctrine) | States (people) own wildlife and fisheries resources |
| Public Trust Doctrine | Resources are held by the government in trust for public use |
| Tragedy of the Commons | Overuse of shared resources when no one has exclusive ownership |
| European System of Resource Ownership | Privileged and privatized ownership of wildlife |
| North American Model of Wildlife Conservation | Model based on public ownership and regulated use of wildlife |
| 7 Pillars of North American Model | Wildlife is public no markets allocated by law legitimate purpose only international resource science-based policy democracy of hunting |
| Public Trust Outcomes | Regulation of land and water use limits on harvest laws conflicts with private property |
| Three Branches of Government | Legislative Executive Judicial |
| U.S. Code (USC) | Compilation of federal laws including Title 16 for conservation |
| Substantive Laws | Laws that create new programs |
| Appropriation Acts | Laws that provide funding |
| Roman Law Influence | Divided property into private and public fish and wildlife considered unowned |
| Martin v. Waddell (1842) | Established public ownership of wildlife |
| Massachusetts v. Holyoke Waterpower (1931) | Required fish ladders regulated river use |
| State Government Role | Manages inland fisheries and coastal waters up to 3 miles |
| Federal Government Role | Manages fisheries 3–200 miles offshore and migratory species |
| PA Fish and Boat Commission (PFBC) | State agency managing fisheries in Pennsylvania |
| National Administrative Procedure Act | Requires transparency and public participation in rulemaking |
| Stakeholder Involvement | Inclusion of public and interest groups in fisheries decisions |
| Fisheries Legislation Purpose | Allocate resources enhance management prevent habitat degradation |
| Navigable Waters Definition | Waters used or usable for interstate or foreign commerce |
| Riparian Doctrine | Landowners adjacent to water have usage rights |
| Prior Appropriation Doctrine | First user of water has priority rights |
| Rivers and Harbors Act (1899) | Regulates structures and obstructions in waterways |
| Clean Water Act (1972) | Protects and restores US waters by regulating pollution |
| Pollution (CWA definition) | Man-made alteration of water’s chemical physical or biological integrity |
| Point Source Pollution | Identifiable source like pipes or ditches |
| Nonpoint Source Pollution | Diffuse pollution difficult to trace |
| Water Quality Standards | Designated uses and criteria for allowable pollutant levels |
| CWA Section 301 | Prohibits pollutant discharge without compliance |
| CWA Section 303(d) | TMDLs for impaired waters pollution limits |
| CWA Section 402 | NPDES permits for point source discharges |
| CWA Section 404 | Permits for dredge and fill activities |
| TMDLs | Maximum pollutant load a water body can handle |
| SMCRA (1977) | Regulates mining and land reclamation |
| Black Bass Act (1926) | Restricted commercial use of black bass |
| Wild and Scenic Rivers Act (1968) | Protects designated rivers from development |
| Fish and Wildlife Coordination Act (1934) | Requires consultation to protect wildlife during water projects |
| Dingell-Johnson Act (1950) | Funds fisheries via excise taxes on equipment |
| Magnuson-Stevens Act (1976) | Manages marine fisheries and prevents overfishing |
| NEPA (1969) | Requires Environmental Impact Statements for federal actions |
| Endangered Species Act (1973) | Protects threatened and endangered species and populations |
| Designated Uses (CWA) | Categories like drinking water recreation aquatic life |
| NPDES System | Permit system controlling pollutant discharge |
| Nonpoint Source Program (CWA 319) | Funding and programs to reduce diffuse pollution |
| Ordinary High-Water Mark | Boundary for public trust in navigable waters |
| Stakeholder Communication | Key requirement for effective fisheries management decisions |
| Water Law Complexity | Ancient varied and highly complex legal framework governing water use |
Created by:
llamaandlearning