This dabbler duck is perhaps the most familiar and can be found throughout North America and Eurasia in ponds and parks as well as wilder wetlands and estuaries. The male’s gleaming green head, gray flanks, and black tail-curl arguably make it the most easily identified duck. This duck has long been hunted for the table, and almost all domestic ducks come from this species.
Mallard
JD flies his drone over a caribou herd to drive them toward his hunting buddy, Steve. This Act prohibits JD's actions.
Airborne Hunting Act (16 USC 742 j-1)
USFWS: "Where Wildlife Comes First"
Paraphrased, 50 CFR §25.21, states the following:
ALL REFUGE LANDS ARE ______ TO PUBLIC ACCESS OR USE UNTIL _______.
ALL REFUGE LANDS ARE CLOSED TO PUBLIC ACCESS OR USE UNTIL OPENED.
This Act (1900) was the first federal wildlife law and is still the most powerful tool for the protection of wildlife, fish, and plants.
Lacey Act
FWO Bessett is engaged in a vehicle pursuit that leaves the refuge. Who is responsible to make the decision on whether to continue or terminate the pursuit?
FWO Bessett.
Note: Most FWS vehicles are not pursuit rated. FWS policy also states that if an officer terminates the pursuit, that will not be an adverse reflection of the LEO's courage or ability.
This yellow family has been predicting the future since 1989.
The Simpsons
Mr. Weed Eater, driven by his strong dislike for bald eagles, cuts down a large white oak tree in his yard containing an eagle's nest, resulting in the death of two eaglets. FWO Dickey consults with the AUSA about potential charges. What are the two laws being discussed?
Bald and Golden Eagle Protection Act
Migratory Bird Treaty Act
This iridescent green and black wing patch belongs to which species?
Green-Winged Teal
Sasso and Chief Smoke 'Em excavated metal objects near a historic home site at Wheeler NWR without a permit. FWO Suding investigates and consults with the regional archaeologist, who confirms the objects are of archaeological interest. What is the second key question to answer before pursuing ARPA charges?
Whether the objects are at least 100 years old.
JURISDICTION: Where do the laws and regulations of the National Wildlife Refuge System Administration Act (16 USC 668dd and 50 CFR subchapter C - parts 25 -38) apply?
All lands and waters administered by the US Fish & Wildlife Service as units of the National Wildlife Refuge System, including land and water that is not held in fee title (overlay refuges, i.e. military bases; and easements, i.e. acquired easements on private land to protect wetlands by restricting draining or filling the wetland).
Definition of "Take" for Lacey Act:
"Captured, _________, or collected and, with respect to a _______, also means harvested, cut, logged, or removed.
Definition of "Take" for Lacey Act:
"Captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged, or removed.
FWS policy permits an employee to use their official title on their social media account. If an employee chooses to do that, policy advises that the employee also publish this statement.
Post a disclaimer that his/her views do not represent those of the agency.
This was the first battle of the Civil War, fought in April 1861.
Battle of Fort Sumter
This man was the nation's first federal game warden.
Paul Kroegel
Identify this species known for its long neck and pointed tail.
Northern Pintail
This law prohibits the sale, importation, and exportation of products derived from these species.
Rhinoceros and Tiger Conservation Act
List the criminal elements of 50 CFR 27.81
Entering or remaining in any national wildlife refuge when under the influence of alcohol, to a degree that may endanger oneself or other persons or property or unreasonably annoy persons in the vicinity, is prohibited.
Elements:
a) Entering or Remaining in
b) A NWR
c) Under the influence of alcohol
d) To a degree that:
May endanger oneself
or
May endanger other persons
or
May endanger property
or
Unreasonably annoy other persons.
What did the Lacey Act do for federal LEOs?
Granted law enforcement authority to carry firearms, make arrests, and detain/inspect vessels, vehicles, packages, and documents being imported/exported into the US.
A FWO believes that an arsonist ignited a fire overnight that burned down the Refuge visitor center. The FWO must complete these two actions per the Serious Incident Notification Procedures (054 FW 1).
Immediate Telephone Reports. Serious incidents must be reported by telephone to the Service Duty Officer within 1 hour of the incident, or as soon as possible after the incident.
Written Reports. Within 48 hours of the incident, a written incident report must be sent to the Service Duty Officer.
This 1987 action movie features the line, “If it bleeds, we can kill it.”
Predator
The Endangered Species Act defines fish or wildlife as: "any member of the animal kingdom, including...any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, anthropod or other invertebrate..." What else is included at the end of this definition?
"...includes any part, product, egg, or offspring thereof, or the dead body or parts thereof."
Gadwall
FWO Martin contacts a duck hunter in a field. Martin develops PC to believe the game bag contains illegally harvested ducks. Name all 3 of the legal ways that Martin is able to search the game bag.
Consent
Search Warrant
An exception to the Search Warrant requirement
Name 5 of the Big 6 "Compatible Wildlife-Dependent Recreation" opportunities found in the NWR System.
Bonus 100 pts: What Act created the "Big 6"?
Hunting
Fishing
Wildlife Observation
Wildlife Photography
Environmental Education
Interpretation
Bonus: NWR System Improvement Act of 1997.
When charging for a Lacey Act crime, theses two factors will determine whether the charge will be a Misdeamenor or a Felony.
Level of Knowledge (specific intent?)
Market Value (over $350?)
May FWOs fly armed with a personal pistol per agency policy?
No, agency weapon only.
This band released the hit song “Smells Like Teen Spirit.”
Nirvana
President Theodore Roosevelt established this area as the nation's first National Wildlife Refuge in 1903.
Pelican Island
This dabbling ducks has a rather distinctive large spoon-shaped bill. If the bill doesn’t catch your eye, the male's blocky color palette sure will, with its bright white chest, rusty sides, and green head. The female is no less interesting with a giant orange bill and mottled brown plumage.
Northern Shoveler
Joe Poacher is off refuge when he illegally shoots and kills a deer outside of the legal hunting season. Under what circumstance could FWO Saeuberlich cite Joe Poacher for a violation of the Refuge Act or its CFRs?
The deer was on the refuge when it was illegally shot and killed. THE REFUGE ACT (and its CFRs) ONLY APPLIES ON LAND ANDS WATER DEFINED AS PART OF THE NATIONAL WILDLIFE REFUGE SYSTEM!
FWS Enforcement Objective:
Obtain voluntary __________ by exercising the _________ enforcement actions necessary to prevent and deter violations and the recurrence of violations within the National Wildlife Refuge System.
compliance
minimum
The "Lacey Act 2-Step" is a potato head way to remember the two basic criminal elements of a Lacey violation.
1) The wildlife is tainted (violation of state, federal, tribal, or foreign wildlife-related law)
2)
2) The tainted wildlife is moved (interstate commerce, foreign commerce, off a reservation, through SMTJ, etc.)
Prohibited:
-Overnights together
-Business/financial
-Coercive relationships
Discouraged:
-Romantic
-Personal services
-Vacations
-Recreation (without invite to others in work group)
This war, fought from 1950 to 1953, ended in an armistice but no formal peace treaty.
Korean War
Describe the difference between flossing and snagging fish.
Flossing is a legal fishing method in some areas that involves using a long leader to maneuver a hook to snag the fish in the mouth as it swims by, while snagging is an illegal technique of hooking a fish anywhere on its body by "ripping" the line through the water with a heavy hook. The key difference is that flossing aims for a lawful mouth hook using a controlled technique, whereas snagging is an indiscriminate and illegal method of hooking the fish outside the mouth.
Name these two duck species.
Left: Canvasback
Right: Redhead
An FWO saw Jane Buck shoot 5 pintail over the bag limit at Salt Plains NWR. Jane spotted the FWO and immediately left the area without retrieving the ducks. Could she be charged with a Lacey Act violation?
No, although she violated 50 CFR 32.2 (c) - Hunt in violation of federal law or regulation on an NWR (MBTA) - she did not transport the ducks which is a key criminal element of the Lacey Act.
What prohibitive regulations in Subchapter C can be charged as a Class A Misdemeanor (16 USC 668dd(f)(1) and 50 CFR 28.31)?
Knowing violations of any CFR (or the Act itself)
Name two of the three criminal elements needed to convict a person for "False Labeling" of the Lacey Act.
That the defendant unlawfully made or submitted a certain record;
That the record was false;
That the record was for F-W-P moved or intended to be moved in foreign or interstate commerce.
Two-Part:
This unit is responsible to investigate allegations of misconduct by FWS employees.
Of the three categories of allegations, this category is the most serious and may lead to criminal charges if sustained.
Professional Responsibility Unit
Category 1
These two NFL teams are tied for the most Super Bowl victories.
Pittsburgh Steelers
*New England Patriots
Name at least three types of violations an FWO will encounter while checking anglers.
Size limit
Possession limit
Closed season
Prohibited species
Gear restrictions
Many hunters will use this nickname to refer to the White-Fronted Goose shown below.
"Specklebelly"
The mission of the National Wildlife Refuge System differs from the other federal land management agencies in this way.
Single Mission - to administer a national network of lands and waters for the conservation, management, and restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.
The US Fish & Wildlife Service is the only federal agency with the primary responsibility for conservation and management of fish, wildlife, plants, and habitat.
1) Transport F-W-P taken in violation of Federal/Tribal Law.
2) Possess F-W-P taken/transported in violation of State wildlife law within a NWR (SMTJ).
3) Transport F-W-P taken in violation of state wildlife law into another state (interstate Federal nexus).
4) Attempt any of the above acts.
5) Guide Services: sell/purchase services for the purpose of illegal taking F-W-P.
6) Introducing injurious/invasive plants.
FWS policy on Use of Force is found in 442 FW 2.1. Two-part:
1) The basis of this policy is Graham v. Connor (1989). These are the four primary "Graham factors".
Severity of the crime
Immediate threat to officer safety or others
Resisting arrest
Evading by flight
This chess grandmaster famously defeated a Soviet champion in 1972.
Bobby Fischer
One criminal element of the Bald and Golden Eagle Protection Act is that the person violated the Act “knowingly, or…THIS”
"With wanton disregard for the consequences of his act."
These two species are shown in the photo below:
Redheads
Lesser Scaup
In Title 50 of the Code of Federal Regulations, Subchapter C is refers to this.
Everything to do with the National Wildlife Refuge System (administration, access, prohibited acts, enforcement authority and penalties, management, hunting and fishing, and special regulations for Alaska NWRs).
Final Jeopardy:
Match the topic with the correct 50 CFR code:
General Trespass
Hunt without state hunting license
"Trespass Junior"
State Traffic Code applies
Injure/Destroy animal/plant
32.2(a)
26.21(a)
27.51
26.22(a)
27.31(a)
General Trespass: 26.21(a)
"Trespass Junior": 26.22(a)
State Traffic Code applies: 27.31(a)
Injure/Destroy animal/plant: 27.51
Hunt without state hunting license: 32.2(a)
Theodore Roosevelt ran for a third term as POTUS after breaking from the Republican party to create this political party.
Progressive Party (Bull Moose Party)
FWO Richards notices an endangered animal mounted on a friend's wall at a dinner party. Is mere possession of an endangered species a violation of the Endangered Species Act?
No, not mere possession. The FWO would need to investigate further to determine if the possessor violated ESA (imported, exported, taken).
When might ESA not apply? The possessor inherited it from his grandfather who took the animal before it was listed as an endangered species.