2015 Wildlife Action Plan Inc Addendums 1 (2020) + 2 (2022)

3.1 Introduction

Tis chapter identifes SGCN and other priority species as outlined in Required Element 1. However, discussions of problems afecting these species and recommendations for pri- ority conservation actions found in this chapter address provisions outlined in each of the Eight Required Elements.

3.1.1 Regulatory Authority for Wildlife Te idea of wildlife as a “public trust” resource, meaning it is a resource shared as common property amongst all people, was the prevalent perspective during the Roman era. During the Middle Ages, common law tradition that emerged in England stated that wildlife spe- cies were legally owned by the king and not for private use (Organ and Mahoney 2007; UCB 2010) . However, plants were not owned by the king and fsh were subject to limited property rights dependent upon possession (Walrut 2004) . Te legal system in the United States is based on English common law (UCB 2010) ; however, common usage and laws in the United States have reestablished fsh and wildlife as public trust resources. By the beginning of the 20th century, overuse and extinctions led to the need for regulation, thus federal laws were established to protect and regulate the use of wildlife resources. One of the most important protective measures for wildlife conservation is the Endangered Species Act of 1973, designed to protect and recover endangered and threatened species of fsh, wildlife, and plants within the United States and its territories. While not inclusive of all current federal and state legislation, Table 3.1 provides a list of important federal and state laws that regulate and protect wildlife resources in North Carolina. Te year federal laws became efective and dates of revision can be found online by visiting the federal resource laws digest webpage (http://www.fws.gov/laws/lawsdigest/ Resourcelaws.html). Information about state regulations can be found online by visiting the North Carolina General Assembly webpage (http://www.ncga.state.nc.us/gascripts/ Statutes/StatutesTOC.pl). North Carolina has enacted legislation that states all marine, estuarine, and wildlife resources are public trust resources, establishes state jurisdictions and authorities for their use and management, and assigns stewardship of natural resources to certain state agen- cies. Legislation (see GS 143-24) states that public trust lands and waters are under steward- ship authority of either the NC Wildlife Resources Commission (NCWRC) (freshwater and inland resources) or the Marine Fisheries Commission (marine and estuarine resources). Te General Statutes direct the NCWRC to manage, restore, develop, cultivate, conserve, protect, and regulate the wildlife resources of the state; to determine the requirements for conservation of protected wild animal species; and also grant the NCWRC authority to conduct investigations to determine whether a wild animal should be on a protected

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2015 NC Wildlife Action Plan

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