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- Fish
and Wildlife Service Law Enforcement
- The Origins of Federal
Wildlife Laws and Enforcement
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1900
The Lacey Act took effect as the first Federal law protecting game,
prohibiting the interstate shipment of illegally taken wildlife, as well
as the importation of injurious species. Enforcement of this Act became the
responsibility of the Division of Biological Survey, U.S. Department of Agriculture.
1905
The Division of Biological Survey became the Bureau of Biological Survey
and remained in the Department of Agriculture.
1913
The Federal Migratory Bird Law (Weeks-McLean Law) became
effective and the first migratory bird hunting regulations were adopted on
October 1.
1916
The United States signed the Migratory Bird Treaty with Great Britain
(for Canada), recognizing migratory birds as an international resource.
1918
The Migratory Bird Treaty Act became law, making it unlawful to
take, possess, buy, sell, purchase, or barter any migratory bird,
including feathers, parts, nests, or eggs.
1920
In the case of Missouri v. Holland, 252 U.S. 416, the United States
Supreme Court sustained the Migratory Bird Treaty Act as constitutional
"establishing beyond question the supremacy of the Federal treaty-making
power as a source of authority for Federal wildlife regulation." Citing the
State ownership doctrine, Missouri had filed suit to prevent a U.S. Game
Warden from enforcing the Act within the State.
1926
The Black Bass Act became law, making it illegal to transport in
interstate commerce black bass taken, purchased, or sold in violation
of State law.
1934
The Migratory Bird Hunting Stamp Act became law, requiring all
waterfowl hunters aged 16 and over to possess a "Duck Stamp."
A Division of Game Management was created in the Bureau of Biological Survey,
Department of Agriculture, with responsibility for wildlife law enforcement.
1935
The Lacey Act was expanded to prohibit foreign commerce in illegally taken
wildlife.
1936
The United States signed the Migratory Bird Treaty with Mexico.
1939
The Bureau of Biological Survey, Department of Agriculture, and the
Bureau of Fisheries, Department of Commerce, were transferred to the
U.S. Department of the Interior.
1940
The Bald Eagle Protection Act became law, prohibiting a variety of
activities involving the species, including import, export, take, sell, purchase,
or barter.
The Bureau of Biological Survey and the Bureau of Fisheries were combined
to form the Fish and Wildlife Service, Department of the Interior. All law
enforcement responsibilities were continued in the Division of Game Management.
1951
Fish and Wildlife Service Director Albert Day announced an expanded
program of enforcement and management for the protection of migratory waterfowl,
by transferring the personnel and funds of the Section of Waterfowl Management
Investigations to the Branch of Game Management.
1956
The Fish and Wildlife Service was reorganized into the United States
Fish and Wildlife Service consisting of a Bureau of Sport Fisheries and
Wildlife and a Bureau of Commercial-Fisheries. Wildlife law enforcement responsibilities
were placed in the Branch of Management and Enforcement of the Bureau of
Sport Fisheries and Wildlife.
1960
Following an investigation that revealed large-scale market-hunting of waterfowl,
the Migratory Bird Treaty Act was amended to include felony provisions for
commercial activities - a $2,000 fine or two years
imprisonment, or both.
1962
The Bald Eagle Protection Act became the Bald and Golden Eagle
Protection Act and extended protection to golden eagles.
1970
The Endangered Species Conservation Act of 1969 became effective
prohibiting the importation into the United States of species "threatened
with extinction worldwide," except as specifically allowed for zoological
and scientific purposes, and propagation in captivity. The Act amended the
Black Bass Act to prohibit interstate and foreign commerce in fish taken
in violation of foreign law, a provision that the Lacey Act had made in 1935
for wildlife. It also amended the Lacey Act so that its prohibition on interstate
and foreign commerce applied not only to wild birds and mammals, but to reptiles,
mollusks, amphibians, and crustaceans. This amendment was made in an effort
aimed primarily at protecting the American alligator.
The Bureau of Commercial Fisheries was transferred to the Department of Commerce
and became the National Marine Fisheries Service.
1971
The Airborne Hunting Act was signed into law, prohibiting the use of
aircraft to hunt or harass wildlife.
1972
The United States signed the Migratory Bird Treaty with Japan. The
Migratory Bird Treaty with Mexico was amended to protect additional
species, including birds of prey.
On September 28, 1972, the Division of Law Enforcement was created as successor
to the Division of Management and Enforcement.
The Marine Mammal Protection Act of 1972 became law, establishing a moratorium
on the taking and importing of marine mammals, such as polar bears, sea otters,
dugongs, walrus, manatees, whales, porpoise, seals, and sea lions.
The Eagle Protection Act was amended to increase penalties from $500 or six
months imprisonment to $5,000 or one year, and to add the provision that
a second conviction was punishable by a $10,000 fine or two years imprisonment,
or both. In addition, the amendment allowed for informants to be rewarded
one-half of the fine, not to exceed $2,500.
In September of 1972, the Division of Management and Enforcement was reorganized.
Waterfowl management responsibilities were transferred to the Office of Migratory
Bird Management and the Division of Management and Enforcement became the
Division of Law Enforcement.
1973
The Endangered Species Act of 1973 became law, recognizing that
"endangered species of wildlife and plants are of aesthetic, ecological,
educational, historical, recreational, and scientific value to the Nation
and its people." The Act expanded the scope of prohibited activities to include,
not only importation, but exportation, taking, possession and other activities
involving illegally taken species, and interstate or foreign commercial activities.
It implemented protection for a new "threatened" category - species likely
to become in danger of extinction.
On April 26, 1973, the former title of U.S. Game Management Agent was changed
to Special Agent. This title change reflected an overall change in both the
Washington Office and field operations. Law enforcement became the primary
duty and responsibility of the Division.
1974
The Bureau of Sport Fisheries and Wildlife became the U.S. Fish and
Wildlife Service.
The field organization of the Division of Law Enforcement was restructured
into 13 law enforcement districts and selection for the first Special Agents
in Charge and Assistant Special Agents in Charge under this organization
was announced on February 21, 1974.
1975
The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) entered into force, regulating the
importation, exportation, and re-exportation of species listed on its three
appendices.
The first biological technician was hired in New York City to inspect wildlife
shipments.
1976
The United States signed the Migratory Bird Treaty with the Union of
Soviet Socialist Republics.
Regional Offices of the Service hired Wildlife Inspectors at eight
designated ports of entry to inspect wildlife. The eight ports were Los
Angeles, San Francisco, Miami, Chicago, New Orleans, New York, Seattle, and
Honolulu.
1979
The Supreme Court, in the case of Andrus v. Allard, upheld the
prohibition on the sale of migratory bird feathers, regardless of whether
they were obtained before Federal protection took effect.
The number of district offices was reduced to twelve when the Kansas City
District Office was consolidated with the Denver, Colorado, District Office.
1981
The Black Bass and Lacey Acts were repealed and replaced by the
Lacey Act Amendments of 1981. A comprehensive statute, the Lacey Act Amendments
restored protection for migratory birds, removed from the Act in 1969, and
initiated protection for plants. The Lacey Act Amendments increased penalties
and included a felony punishment scheme to target commercial violators and
international traffickers - by fines of up to $20,000 or five years imprisonment,
or both.
Dallas-Fort Worth became a designated port for wildlife entering or leaving
the United States.
1982
The Endangered Species Act was amended to include a plant-taking
prohibition on Federal lands and a new exception allowing the inadvertent,
non-commercial transshipment through the United States of endangered fish
or wildlife.
The field organization of the Division of Law Enforcement was reduced from
12 to 7 districts, one for each region of the Service.
1983. The Law Enforcement Division's computer, the Law Enforcement Management
Information System, LEMIS, became operational.
1985
Regionally, the Service received additional funds from Congress to hire 20
additional Wildlife Inspectors, expanding the force to 56.
1986
The Supreme Court, in the case of Dwight Dion, upheld the
applicability of the Eagle Protection Act to Native Americans on
Reservations. The Migratory Bird Treaty Act was amended to require that felony
violations be "knowingly" committed.
1988
The African Elephant Conservation Act became law, providing additional protection
for the species, whose numbers had declined by 50 percent in the last decade.
The Lacey Act was amended to include, among other things, felony provisions
for commercial guiding violations.
1989
The National Fish and Wildlife Forensics Laboratory was dedicated in
Ashland, Oregon, providing expertise to assist in investigations, ranging
from species identification to technical assistance such as surveillance
and photography.
1990
Portland, Oregon, became the tenth designated port of entry for the importation
and exportation of wildlife.
The National Fish and Wildlife Forensics Laboratory was renamed the Clark
R. Bavin National Fish and Wildlife Forensics Laboratory in 1990 in memory
of Clark R. Bavin, Chief, Division of Law Enforcement, from 1972 until his
death in 1990.
1992
Baltimore, Maryland, became the eleventh designated port of entry
for the importation and exportation of wildlife.
The Wild Bird Conservation Act of 1992 was signed into law to address problems
with the international trade in wild-caught birds, which contributes both
to the decline of the species and to unacceptably high mortality rates.
1994
Boston, Massachusetts, was designated as the twelfth port of entry
for importing and exporting fish and wildlife shipments.
1996
Atlanta, Georgia, was designated as the thirteenth port of entry for importing
and exporting fish and wildlife shipments.
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Images from Law Enforcement History
Pictures from our Law Enforcement past.
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This
web page is maintained by:
Mark Madison, Historian
National Conservation Training Center
Mark_Madison@fws.gov
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