What Does Wildlife as a Public Trust Resource Mean?
The principle of "Wildlife as a Public Trust Resource" is a foundational element of the North American Model of Wildlife Conservation. It places significant responsibility on the government for the management and conservation of wildlife. This responsibility is rooted in the Public Trust Doctrine, a legal framework with origins in Roman and English common law. It establishes that wildlife is held in trust by the government for the benefit of current and future generations. This doctrine is reflected in both federal and state laws in the U.S., providing the foundation for the governance of public wildlife resources. This principle has several key implications for wildlife management and conservation which we will explore below.
Government Responsibility
Under this doctrine, the government, acting as the trustee, has substantive and procedural duties. The substantive duties include protecting the trust from significant impairment, ensuring intergenerational equity (equal treatment of current and future beneficiaries), prioritizing public purposes over private uses, preventing waste, and restoring damage to the trust. Procedurally, the government must act with utmost loyalty to the beneficiaries (described below), supervise administrative agencies adequately, manage the trust with reasonable skill and caution, and provide information and an accurate accounting of trust resources.
The beneficiaries of this trust are not just humans but potentially all life, as wild animals and ecosystems provide essential services like clean air and water, pollination, and climate stability. The government's responsibilities in this context include ensuring the sustainable and ethical use of wildlife resources, fostering biodiversity, and managing wildlife populations in ways that balance societal needs and ecological health.
State Wildlife Agencies (SWAs), in particular, are expected to manage wildlife for the public's benefit, which involves not only the conservation of species and ecosystems but also the provision of various benefits from wildlife management, like recreational opportunities, economic gains, and cultural significance. This includes managing the negative impacts of wildlife, such as economic loss or health and safety risks.
Over time, there has been an evolution in thinking about whose needs public wildlife management should serve. The focus has shifted from primarily serving those who hunt, fish, or trap, to a broader concept of beneficiaries that includes all members of the public. This shift is consistent with the public trust nature of wildlife resources and encompasses a wide range of public needs, interests, and concerns.
Public Ownership and Access
The principle of "Public Ownership and Access" in the context of Wildlife as a Public Trust Resource is a crucial aspect of wildlife management and conservation. This principle is grounded in the Public Trust Doctrine, which asserts that wildlife, as a natural resource, is not suitable for exclusive private ownership. Instead, it is held in trust by the government on behalf of the public. This approach ensures that wildlife and its associated benefits are accessible to all members of society, not just a select few.
Under this doctrine, wildlife is considered a collective asset owned by the public. The government, acting as a trustee, is responsible for managing these natural resources in a way that provides equitable access and benefits to all citizens. This includes ensuring sustainable use, conservation of species and habitats, and providing opportunities for public enjoyment and interaction with wildlife. The concept of public ownership extends beyond just the physical access to wildlife; it encompasses the right of the public to participate in decision-making processes regarding wildlife management, ensuring transparency and democratic involvement.
The principle of public ownership and access also implies that wildlife management should not prioritize the interests of a few (such as private landowners or specific user groups) over the broader public interest. Wildlife management decisions, therefore, are made in a manner that considers a wide range of public needs, interests, and concerns. This includes not only providing opportunities for hunting, fishing, and wildlife viewing but also ensuring the protection of ecosystems and biodiversity, which benefits the public at large.
Furthermore, public ownership of wildlife means that the government has a duty to manage wildlife populations responsibly, balancing the needs for conservation with the public's right to use and enjoy these resources. This includes maintaining healthy wildlife populations, protecting endangered species, and ensuring that wildlife-related activities, such as hunting and fishing, are conducted sustainably and ethically.
Sustainable Use and Conservation
Sustainable Use and Conservation within the Wildlife as a Public Trust Resource framework centers on the government's responsibility to manage wildlife resources in a manner that ensures their long-term viability for both current and future generations. This concept is deeply rooted in the philosophy of trusteeship, a part of the Public Trust Doctrine, which considers wildlife resources as a communal asset, not appropriate for exclusive private ownership.
The essence of this principle is the balanced management of wildlife resources to yield a range of sustainable benefits. These benefits include ecological, aesthetic, economic, and recreational advantages. It's crucial for trust administrators, who are responsible for the stewardship of these resources, to manage them efficiently and adaptively, ensuring their quantity, quality, and sustainability. This responsibility extends to maintaining the overall health of ecosystems, as wildlife plays a pivotal role in their functioning.
Sustainable use and conservation require that wildlife governance be adaptable and responsive to the current needs and interests of citizens, while also considering the needs of future generations. This means wildlife decisions should not only address present-day requirements but also retain options for future citizens whose values, interests, and needs might be different. Importantly, the management of wildlife resources should not privilege certain individuals or groups but consider the wide array of public values and interests.
In practice, this involves applying well-informed, evidence-based judgment in decisions about the allocation of benefits produced by wildlife resources. It requires credible, relevant, and legitimate social and ecological science, local knowledge, and professional expertise. This approach enables conservation practitioners to meet conservation goals while ensuring the sustainable net benefits from the existence of wildlife and its coexistence with humans.
Overall, the principle of Sustainable Use and Conservation under the Public Trust Doctrine mandates a balanced, informed, and forward-looking approach to wildlife management, ensuring that the natural wealth represented by wildlife is preserved and utilized in a manner that benefits the broader public and future generations
Stewardship and Ethical Use
Stewardship and Ethical Use in the context of Wildlife as a Public Trust Resource is an essential component, emphasizing the responsible management and ethical treatment of wildlife resources.
Ethical use of wildlife involves practices that respect the intrinsic value of wildlife and their ecosystems. Ethical use demands that wildlife be utilized in a way that is sustainable, humane, and acknowledges the ecological role of each species.
Stewardship, on the other hand, encompasses the idea of taking care of wildlife resources as a guardian or trustee. This involves proactive measures to maintain and enhance the health of wildlife populations and ecosystems, based on scientific evidence and ecological principles. It also implies a commitment to educating and engaging the public in wildlife conservation efforts, fostering a collective sense of responsibility towards these resources.
Furthermore, stewardship and ethical use require balancing various interests, including ecological, recreational, economic, and cultural considerations, in wildlife management. Decisions made by wildlife managers should reflect this balance, aiming for the long-term sustainability of wildlife populations and their habitats.
Democratic Process in Wildlife Management
The Democratic Process in Wildlife Management within the context of the Wildlife as a Public Trust Resource is a key aspect of modern wildlife conservation efforts. This approach, grounded in the Public Trust Doctrine (PTD), is guided by principles of trusteeship and emphasizes a democratic framework for managing wildlife resources. This doctrine establishes that wildlife is a public trust, with the government acting as the fiduciary responsible for protecting these resources for the benefit of all people, including future generations.
A central tenet of this approach is the inclusion and representation of a broad range of public interests in wildlife management decisions. This means that wildlife management should not disproportionately favor any particular group, such as hunters or specific animal species, over others. Instead, it should reflect the diverse values and interests of the entire public.
Beneficiaries of the wildlife trust, according to the PTD, include not only all people residing in a jurisdiction but arguably all life forms, as they depend on and benefit from natural ecosystems.
The democratic process in wildlife management requires that elected and appointed government officials, who serve as trustees, make policy-level decisions regarding public trust wildlife resources. These trustees are held accountable by the beneficiaries, which includes the public, through courts and elections. Similarly, trust managers, comprising professional staff in public wildlife agencies, are responsible for the day-to-day management of trust resources and are accountable to both trustees and indirectly to the beneficiaries.
An important aspect of this process is ensuring that decisions about wildlife management are made transparently, are informed by the best available science, and involve the fullest possible participation of beneficiaries. This includes acknowledging and considering the values underpinning decisions and engaging with all stakeholders, including those who may not typically participate in wildlife deliberations.
Legal Framework for Protection
The Legal Framework for Protection within the context of Wildlife as a Public Trust Resource is a crucial aspect of wildlife conservation. This framework is grounded in the Public Trust Doctrine (PTD). According to the PTD, certain natural resources, such as wildlife, are unsuitable for exclusive private ownership and should instead be managed by the government as a trust for the public's benefit.
The PTD has been formally incorporated into statutory and common law at various state levels to differing extents. It frames the responsibilities of the government (acting as the trustee) for conserving wildlife resources for the benefit of current and future generations, without privileging particular individuals or groups. This includes elected and appointed government officials who are legally responsible for policy-level decisions regarding public trust wildlife resources, such as state legislators and wildlife commissioners. These trustees are accountable to the public (beneficiaries) through courts and elections.
Additionally, the legal framework under the PTD requires the professional staff of public wildlife agencies (trust managers) to manage trust resources on a day-to-day basis. They develop management options, analyze trade-offs, and make recommendations to trustees, being directly accountable to trustees and indirectly to beneficiaries.
Conclusion
The concept of “Wildlife as a Public Trust Resource” embodies a comprehensive and ethical approach to wildlife conservation and management. Rooted in the Public Trust Doctrine, it establishes wildlife as a public asset, managed by the government for the collective benefit of all citizens. This framework encompasses principles of public ownership and access, sustainable use and conservation, stewardship and ethical use, and democratic processes in decision-making. It also relies on a robust legal framework for protection, ensuring that wildlife resources are preserved and managed equitably, sustainably, and responsibly. These principles guide not just the preservation of wildlife for future generations, but also emphasize the need for current generations to interact with and benefit from these natural resources in an ethical and sustainable manner. This model sets a standard for wildlife conservation that balances ecological needs with the rights and interests of the public, ensuring that wildlife remains a cherished and well-managed resource for all.
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