|
The Public Trust Doctrine the Overarching Principle of the North American Model of Wildlife Management |
|
|
|
The Public Trust Doctrine is a principle of common law that established who owns and manages wildlife, including game animals. The doctrine didn't appear fully formulated, but evolved over time by statutory law and by court decision.
While the Public Trust Doctrine is a principle of law, the North American Model of Wildlife Management is rooted in biology driven by the Public Trust Doctrine. The Public
Trust Doctrine is based on three principles: 1. The state holds wildlife in trust for all the people.
2. The state has an affirmative duty to fulfill the responsibilities created by this trust.
3. The state has no power to abrogate its trust over wildlife by transferring ownership or management of wildlife to private concerns or individuals.
The following is a brief overview of the laws and court decisions that applied these three principles: Colonial
Ordinance of 1647: Stated that government has an affirmative duty to
administer, protect, manage and conserve fish and wildlife; that
government cannot relinquish its obligations to establish administrative
management, protection, and conservation practices for renewable
wildlife and marine resources. (Modern courts still cited the
ordinance.) In
Martin v. Waddell, 1842, the
United States Supreme Court ruled that since the American Revolution the
people held public trust responsibilities for fish and wildlife.
Chief Justice Roger Taney
wrote that “when the people of New Jersey took possession of the reins
of government, and took into their own hands the powers of sovereignty,
the prerogatives and regalities which before belonged to either the
crown or the parliament, became immediately and rightly vested in the
state.”
Greer v. Connecticut,
1896: The Supreme Court declared that the states exercise a public trust
over wildlife for the benefit of the people of the state. This case is
the Granddaddy of Public Trust Doctrine, the core ruling that
established public trust authority over wildlife as we know it today. In 1900 Congress
enacted the Lacey Act which
start federal involvement in wildlife conservation by prohibiting
transportation across state lines of wildlife killed in violation of
state laws. Congress has amended the Lacey Act numerous times refining
federal and state government public trust authority.
Missouri v.
Holland,
1920:
The Supreme Court ruled that the
Migratory Bird Treaty Act of 1918
applied the public trust doctrine to the management of migratory
birds. These cases, and more like them, unequivocally state that management of our natural resources is the responsibility of government and that government cannot turn that responsibility over to private individuals. To accept private management of big game for hunting purposes overturns the Public Trust Doctrine, a Doctrine that established beyond a reasonable doubt that government must make decisions that balance the needs of society and the best interest of the resource, in the dispute at hand, deer and elk. For More Information, Contact: Roger Kaseman 8120 17th Avenue S. E. Linton, North Dakota 58552 701-254-4875 |