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National Wildlife Refuges: Places to Hunt?
The U.S. Fish and Wildlife Service (FWS) manages the 717 units in the National Wildlife Refuge System. The system includes 500 national wildlife refuges, 166 waterfowl production areas, and 51 wildlife coordination areas.
The Listing of a Species: Legal Definition and Biological Realities
The 103d Congress will debate the reauthorization of the Endangered Species Act (ESA) 2 which expired on October 1, 1992. The Act has recently generated controversy, even though it passed in 1973 with virtually no opposition. Much of the debate concerns specific actions that would jeopardize particular species or populations. However, the controversy has been fueled by the discrepancies between two sets of legal definitions and the subtle biological realities that they approximate
The Endangered Species Act and Private Property
If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
The Steel Jaw Leghold Trap: Issues and Concerns
Steel jaw leghold traps are used in 47 States in the United States to capture furbearing animals (Florida and Rhode Island have prohibited use except with special permit for nuisance animals, and New Jersey has banned all uses). In addition to use by the fur industry, these traps are employed by State agencies in game management (e.g., to control predators and diseases). The leghold trap issue pits animal welfare groups opposed to the pain and suffering of trapped animals against supporters of the trap who maintain that alternatives are not cost effective and/or efficient.
Biotechnology, Indigenous Peoples, and Intellectual Property Rights
This report examines intellectual property right in pharmaceuticals in a particular context, namely, medicinal products and processes derived from the biodiversity resources of areas inhabited by indigenous peoples. This report discusses the international law regarding intellectual property rights in traditional knowledge and the American laws regarding traditional knowledge.
Mexican Spotted Owls: Federal Protection
Mexican spotted owls (MSOs) have the largest geographic distribution of the three spotted owl subspecies, with most occurring on National Forest lands in Arizona and New Mexico. Habitat loss and modification due to logging and fire prompted the Fish and Wildlife Service (FWS) to list MSOs as a threatened species in March 1993. As required in Section 7 of the Endangered Species Act (ESA), the U.S. Forest Service (FS) is consulting with the FWS on 125 timber sales proposed for the region. These consultations are to be completed in October 1993 and a critical habitat designation for the species is expected by November 1992
Mexican Wolf: Federal Protection
Mexican wolves were extirpated from the United States by the 1940s as part of the Predatory Animal and Rodent Control program (PARC); wild wolves are believed to exist in secluded areas in Mexico. Listed on the endangered species list in 1967, Mexican wolves exist in the United States only in captivity. The Fish and Wildlife Service (FWS) is currently developing plans to reintroduce the wolves into their historic habitat. The plans are controversial, and the species' conservation may be debated during reauthorization of the Endangered Species Act (ESA).
Market-Based Environmental Management: Issues in Implementation
Increasingly, efforts to protect integral features of the natural environment that are essential to human well being face a double challenge. First, the magnitude of some conventional and emerging threats to environmental quality is growing, despite solid progress in controlling some causes. This is particularly the concern on a global scale in terms of atmospheric changes and loss of biological diversity. Second, easily-implemented uniform control methods using feasible technologies or other direct regulatory approaches are already in place for many pollution and resource management problems in the United States. Additional progress with so-called command and control policies can be expensive and disruptive, and thus counter productive to overall economic well being. This type of dilemma is common where environmental deterioration results from diffuse and complex causes inherent in technically-advanced high-consumption industrial societies such as the U.S. Solutions to these types of environmental problems are complicated by the diffuse benefits which obscures the net gains of additional controls that have concentrated and highly visible costs. Given this double bind, many policy analysts and academics have for years advocated more cost-effective and flexible approaches relying on market forces to further some environmental management objectives. Although market-based theory and practical environmental policy are still far apart, the incremental approach to environmental policymaking since the late seventies has resulted in some market-type innovations within traditional regulatory frameworks at all levels of government. The most prominent examples are the Environmental Protection Agency's (EPA) air emissions trading program and the recently enacted sulfur dioxide allowance trading program under the 1990 Clean Air Act Amendments.
The Northern Goshawk: Future Endangered Species?
The northern goshawk was listed in January 1992 as a candidate species (Category 2) for possible future listing under the Endangered Species Act (ESA) throughout its range in the United States. Category 2 species are those for which there are not adequate data to justify a listing proposal under ESA at that time.
The Convention on International Trade in Endangered Species: Its Past and Future
This report discusses the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is divided into six sections: Introduction, Background, CITES and the Endangered Species Act, Implementation, Upcoming Events, and Appendices.
The Indian Gaming Regulatory Act Amendments Act of 1994, S. 2230 (103rd Cong., 2nd Sess.): A Brief Analysis
This report provides an analysis of S. 2230, the Indian Gaming Regulatory Act Amendments of 1994 introduced June 23, 1994, to amend the Indian Gaming Regulatory Act. It includes sections on stated purposes, enhanced powers of the National Indian Gaming Commission, proposed tribal-state compacting process, modifications of current law with respect to class II gaming, modification of current law with respect to class III gaming, and miscellaneous amendments.
Marine Mammal Protection Act Amendments of 1994
This report summarizes provisions of the Marine Mammal Protection Act Amendments of 1994 and outlines this Act's implementation schedule for use by Members of Congress and their staff.
The Northern Right Whale
This report summarizes the fact that northern right whale is the most endangered among all the whale species. The National Marine Fisheries Service is taking extra measures to protect these whales from any negative human interactions.
Acoustic Thermometry of Ocean Climate: Marine Mammal Issues
After global warming became a concern in the mid-1950s, researchers proposed measuring deep ocean temperatures to reveal any significant trends in core ocean warming. Acoustic thermometry can detect changes in ocean temperature by receiving low-frequency sounds transmitted across an ocean basin because the speed of sound is proportional to water temperature. Acoustic Thermometry of Ocean Climate, or ATOC, is an international program involving 11 institutions in seven nations. It is designed as a 30-month "proof-of-concept" project to provide data on possible global climate change, with funding provided by the U.S. Department of Defense. A debate has arisen over ATOC's impact on marine mammals versus the benefits of better global warming information derived from ATOC. This report dicusses the ATOC program and related concerns.
Biological Diversity Treaty: Fact Sheet
As human activity continues to change and modify natural areas, widespread extinctions of plants, animals, and other types of species result. In 1992, negotiations conducted under the auspices of the United Nations Environment Programme (UNEP) were completed on a comprehensive global treaty to protect biological diversity (biodiversity). In June 1993, President Clinton signed the treaty and sent it to the Senate for advice and consent. It is not pending in the Senate. The treaty entered into force on December 29, 1993. As of May 15, 1995, 118 nations had ratified the treaty.
Habitat Modification and the Endangered Species Act: The Sweet Home Decision
This report discusses the Endangered Species Act, the regulation of the Fish and Wildlife Service defining "harm" for purposes of the "take" prohibitions of the Endangered Species Act.
Humane Treatment of Farm Animals: Overview and Selected Issues
Animal protection activists in the United States are seeking modifications (or even curtailment) of many practices long considered acceptable and necessary to animal agriculture. Examples include rearing large numbers of livestock and poultry in close confinement; performing surgery such as tail-docking or beak trimming; housing layer hens in cages; and isolating veal calves in crates.
The Arctic National Wildlife Refuge
The Arctic National Wildlife Refuge (ANWR) is an area rich in fauna, flora, and oil potential, where development has been debated for over 36 years. Current law forbids oil and gas leasing. This report discusses debate over whether or not to open the ANWR up for development and includes discussion of various legislative options under consideration.
Cattle Prices: Questions and Answers
After 7 years of relatively high returns, cattle producers by 1994 were experiencing steeply falling prices--mainly caused by abundant supplies of cattle destined for U.S. feedlots. Record-high grain prices and dry pastures amplified the problem. Because of the lengthy biological cycle governing cattle production, large numbers will be coming onto the market for some time, as producers undertake the slow process of curtailing herd expansion.
Norwegian Commercial Whaling: Issues for Congress
On May 16, 1996, 23 Members of Congress sent a letter to President Clinton expressing their concern over Norway's announcement that it intended to permit its whalers to kill as many as 425 minke whales that year. The co-signers urged the President "to take decisive action to prevent Norway from resuming its illicit whale harvesting," including the possible use of economic sanctions. For its 1997 hunt, Norway has increased its quota to 580 animals.
Non-Indigenous Species: Government Response to the Brown Tree Snake and Issues for Congress
Species found abundantly outside of their normal range can represent an ecological and economic hazard as great or greater than the most far-reaching efforts to protect an endangered species.
Wildlife Restoration Projects Fund
Since 1937, a cooperative program between the federal and state governments has existed for wildlife restoration. This program provides federal grants-in-aid to state agencies for conservation through land and water management for wild birds and mammals. While up to 8% of the collected revenues from excise taxes dedicated to the program may be retained by the federal government for administration, all remaining funds are apportioned to the states and territories for use either in wildlife restoration or hunter safety and education programs. Wildlife restoration programs receive all funds generated from the excise tax on firearms other than pistols and revolvers and all funds collected from shells and cartridges. Additionally, one-half of the excise taxes collected from pistols, revolvers, and archery equipment goes for wildlife restoration purposes. Hunter safety and education programs are funded from the remaining half of excise taxes collected on pistols, revolvers, and archery equipment. The states have been authorized by law to use hunter safety and education funds for wildlife restoration projects.
"Mad Cow Disease" or Bovine Spongiform Encephalopathy: Scientific and Regulatory Issues
This report discusses the regulatory issues regarding cattle disease, bovine spongiform encephalopathy (BSE), and a rare, fatal human illness, Creutzfeldt-Jakob disease (CJD).
African Elephant Issues: CITES and CAMPFIRE
The conservation of African elephants has been controversial recently on two fronts: the Convention on International Trade in Endangered Species (CITES, to which the United States is a party), and a Zimbabwean program for sustainable development called CAMPFIRE, which is partially funded by the U.S. Agency for International Development (USAID). Two controversies have sprung up recently about the African elephant. One is the changing status of this species under the Convention on International Trade in Endangered Species (CITES), of which the United States is a signatory. The other is over a program in Zimbabwe called "CAMPFIRE." The partial funding of this program by the U.S. Agency for International Development has been criticized by animal welfare groups and some conservation groups, though it has been supported by other conservation groups as well as many hunting organizations.
Dolphin Protection and Tuna Seining
From its inception in 1972, one of the goals of the Marine Mammal Protection Act (MMPA) was to reduce the incidental mortality of dolphins in the ETP tuna fishery. Regulations promulgated under MMPA authority set standards for tuna seining and motivated technological improvements that reduced dolphin mortalities in this fishery -- by 1977, annual dolphin mortality by U.S. tuna seiners had declined to about 25,450 animals. Despite the extensive mortalities, no ETP dolphin population has been listed as endangered or threatened under the U.S. Endangered Species Act. However, two ETP dolphin stocks were listed as depleted under the MMPA.
Endangered Species List Revisions: A Summary of Delisting and Downlisting
This report outlines the process and reasons for delisting or downlisting, and summarizes the 27 species delisted due to extinction, recovery, or data revision, and the 22 species that have been downlisted from endangered to threatened status due to stabilized or improving populations.
Endangered Species Act Amendments: An Analysis of S. 1180 and H.R. 2351
Because of wide-spread interest in possible amendments to the Endangered Species Act (ESA), CRS has received numerous requests for an analysis and critique of S.1180 and H.R. 2351. This report analyzes those bills. HR. 2351 was introduced on July 31, 1997 and S. 1180 on September 16, 1997. Each bill is discussed under various topic headings. The Senate bill will be described first, since it has been reported.
Fishery, Aquaculture, and Marine Mammal Legislation in the 105th Congress
Fish and marine mammals are important resources of open ocean and nearshore coastal areas. A diverse body of law and regulations guides the management of these resources by a multitude of federal agencies and its development in the 105th congress.
Brief Summaries of Federal Animal Protection Statutes
This report contains brief summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game, animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
The Role of Designation of Critical Habitat under the Endangered Species Act
On June 14th, 1999, the Fish and Wildlife Service (FWS) called for public comment on its current procedures for designating critical habitat. In addition, a proposal is before the Senate (S.1100) to move the time at which critical habitat must be designated for a species under the Endangered Species Act (ESA) from being (basically) concurrent with the listing of the species to the time a recovery plan is finalized for that species. This report is written as background for considering the current legislative proposal and the FWS notice and may be updated as circumstances warrant.
Animal Agriculture: Issues for the 106th Congress
This report discusses a variety of animal agriculture issues that generated debate during the 106th Congress, including low livestock prices, especially for hogs. Economic difficulties have revived questions such as the impacts of consolidation in the livestock industry, and the price effects of animal imports from Canada and Mexico. This report also discusses a number of legislative proposals to assist livestock producers and enforce sanitary and phytosanitary standards, as well as continuing trade disputes and negotiations with China, the European Union, New Zealand, and Australia.
The Pacific Salmon Treaty: The 1999 Agreement in Historical Perspective
On June 30, 1999, after many years of diplomatic struggle to resolve disagreements over resource conservation and harvest arrangements, the United States and Canada signed an agreement for the long-term conservation and equitable sharing of their salmon resources. Most of the new fishery arrangements will be in effect for 10 years, beginning in 1999. The arrangement for Fraser River sockeye will be in effect for 12 years, also beginning in 1999. This report provides background about the Pacific Salmon Treaty, discusses issues that created difficulties in the past, and summarizes the new salmon accord. As the issues evolve, this report will be updated to include and discuss additional concerns that may arise
Pacific Salmon and Anadromous Trout: Management Under the Endangered Species Act
Along the Pacific Coast, 26 distinct population segments of Pacific salmon and anadromous (sea-run) trout are listed as either endangered or threatened under the Endangered Species Act (ESA). A variety of human activities have combined to greatly reduce or eliminate historic fish habitat, degrade remaining habitat, and otherwise harm anadromous fish populations. In addition, natural phenomena stress fish populations and contribute to their variable abundance
Hog Prices: Questions and Answers
This report discusses price changes in the pork industry. In late 1998, the lowest hog prices in decades created a crisis in the pork industry and prompted the U.S. Department of Agriculture (USDA) and Congress to take a series of actions to assist producers, including direct cash payments, and the purchase of extra pork products to reduce market supplies. The industry sought additional aid as low prices persisted into 1999.
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