POLICIES AFFECTING WILDLIFE

#8983-E

Introduction

• State and federal wildlife laws manage the populations of plants and animals in Texas.

• There is a thin line between policy and law.

• Policy works to enforce the law.

• This means that when policy is violated, the law is violated.

• Policies are in place because they are less complicated and time-consuming to change than changing the law.

• Policies and laws work together to provide sound wildlife management practices.

• If the habitat is healthy, animals will thrive.

• Wildlife management works to keep the animal populations in line with the food, cover, and water supply.

• Many laws control hunting and fishing.

• Laws affect both private and commercial activities.

• Private activity is for sport.

• Commercial activity is for profit.

• Laws prevent the exploitation of all wildlife resources for either private or commercial gain.

• All laws do not address the taking of game.

• Habitat, which includes nesting areas, are also protected by the law.

• Disturbing the habitat either intentionally or accidentally is unlawful.

• Regulations are a part of wildlife policy.

• They can change from year to year.

• Changes result from a review of the conditions and populations of wildlife and their habitat.

• In Texas, wildlife regulations are implemented based on research done by wildlife biologists.

• Fishing and hunting regulations are modified each year based on their findings.

• The biologists report to the Texas Parks and Wildlife Commission, which is the decision-making entity of the state.

History of Wildlife Laws and Policies

• Laws serve to put society in order.

• When wildlife law did not exist, species were often hunted to extinction or near extinction.

• Wildlife laws now work to protect all species, even predators.

• Habitat destruction also caused the loss of many wild animals.

• Activities such as overgrazing, logging, and strip-mining, removed valuable groundcover.

• Criminal attack on wildlife and resources was another problem.

• Poaching is the taking of game illegally, which includes out of season, exceeding limits, and refusing to follow laws regarding taking.

• Vandals use fire to destroy habitat.

• Theodore Roosevelt was the first president to see the need for laws regulating the taking of wildlife.

• Conservationism began to take hold during his presidency.

• These laws brought order back to the environment.

• The problem with conservation law was that it took time to adopt needed legislation.

• Often, by the time laws were changed, they did little to fit the existing need.

• The use of policy seemed a workable solution.

• Policies address the letter of the law.

• Laws became more flexible and useful.

• Federal laws and policies set the framework for the states.

• States have the authority to manage their natural resources.

States’ Statue Adoption Procedures

• An important point is that states govern their natural resources independently.

• As a result, the laws of one state do not fit the laws of another, although they may overlap.

The ways that states adopt laws are also different.

Texas’ Statue Adoption Procedures

• The Texas Legislature is in session every two years.

• This body of government sets Texas Wildlife Law.

• Laws passed must comply with federal guidelines.

• The Texas Parks and Wildlife Commission oversees wildlife policy.

• It is a nine-member board appointed by the governor.

• The Commission receives information from wildlife and fisheries biologists.

• Wildlife and fisheries biologists study wildlife populations, health, impact, and habitat.

• They make recommendations and report to the Commission.

• Once policy is set, it becomes the game wardens responsibility to enforce the policies and laws.

Areas Affected By Texas Wildlife Policy

• Two groups of recreational activities are consumptive and non-consumptive.

• Wildlife policy controls both consumptive and non-consumptive activities.

• Consumptive activities include hunting and fishing.

• These activities consume a resource.

• Non-consumptive activities enjoy the resource without taking from it.

• These activities would include hiking and photography.

• Commercial trade allows for profit.

• Hunting, fishing, and camping activities provide the opportunity for income.

• Sales of equipment and supplies to the outdoor enthusiast also generate a source of income.

• The wildlife itself can be treated as a commodity.

• With proper permits, a person can breed, manage, and sell wildlife.

• Not all wildlife is on state or federal lands.

• Ninety-six percent of Texas land is privately owned.

• Policies set by the Commission affect all wildlife.

• Commission control does not have boundaries.

• All persons owning land must abide by wildlife policy.

• Ownership of land does not give the owner total control of the land.

• In some cases, it may be necessary to receive permitting to clear, drill, or build on land.

• When taking native game, the landowner must abide by all wildlife laws.

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Instructional Materials Service

Texas A&M University

2588 TAMUS

College Station, Texas 77843-2588

http://www-ims.tamu.edu 2006