The Department of Wildlife, Fisheries, and Parks’ Management of Selected Wild Game Programs
Executive Summary
Introduction
Problem Statement
Questions have arisen over the Mississippi Department of Wildlife, Fisheries, and Parks’ management of selected wild game in Mississippi (i. e., the waterfowl, turkey, and deer management programs). Also, some citizens have questioned the expanded use of privately owned pens for deer management and whether the use of such is consistent with state law.
To address these matters, the PEER Committee reviewed the department’s stewardship of these three wildlife management programs to determine whether it has managed these programs to ensure that these resources are conserved for the benefit of all Mississippians.
Scope and Purpose
This report sets out the unique characteristic of wildlife in the state as being the subject of a public trust and the obligations that arise relative to the public trust. In view of this legal status, the report seeks to answer the following question relative to wild game management:
In determining whether these trust duties are accomplished, PEER looks to whether the department’s efforts at game management--including monitoring of populations, habitat maintenance, and other activities--are in accordance with the best scientific evidence available to ensure that the animals (subject to the trust) and the people of Mississippi (beneficiaries of the trust) are served. Additionally, PEER applies legal doctrine from both statutory and common law to determine whether certain actions of the department comport with the duties of a public trustee.
This review does not address fisheries, parks, or issues of non-game animal management that fall within the jurisdiction of the Department of Wildlife, Fisheries, and Parks.
Responsibility for Mississippi’s Wildlife Resources
The Public Trust Doctrine holds that certain natural resources, including wildlife, are entrusted to the government to be managed on behalf of the public. Through the common law of the state and statutes, Mississippi has adopted the Public Trust Doctrine and requires the management of wildlife resources for the benefit of the public.
The Public Trust Doctrine holds that certain natural resources, including water, fish, and wildlife, are entrusted to the government to be managed on behalf of the public. Consequently, governmental institutions do not own trust resources, nor do individuals; rather, these resources are owned by the public and are entrusted in the care of government to be safeguarded for the public’s long-term benefit.
Mississippi law makes the Department of Wildlife, Fisheries, and Parks (DWFP) responsible for conserving, managing, developing, and protecting wildlife and the Commission on Wildlife, Fisheries, and Parks responsible for rulemaking for wildlife conservation. Because the goal of wildlife management programs is to protect the respective species, each of the department’s programs should be based on science, with the goal of sustaining the wildlife population.
The Department’s Management of Mississippi’s Waterfowl Population
DWFP employs scientifically sound management practices with regard to the state’s duck* population, in accordance with state law’s mandate to conserve and protect this wildlife resource in the interest of the public.
In order to ensure a thriving duck population, DWFP focuses on techniques such as habitat improvements, water control, plant identification and control, and hunting management. Also, the department participates in a research agreement with Mississippi State University whereby the university analyzes data and proposes scientifically based recommendations to the department to improve habitat resources.
DWFP participates in the federal Migratory Bird Harvest Information Program and cooperates with federal and state agencies regarding harvest of ducks and proposals for duck-hunting regulations, hunting seasons, bag limits, and population management.
Using generally accepted criteria for management of wildlife programs as a standard, PEER reviewed DWFP’s duck management program and found that it adheres to scientifically defendable objectives designed to conserve and protect the duck population and is in accordance with the mandate of law.
The Department’s Management of Mississippi’s Turkey Population
DWFP employs scientifically sound management practices with regard to the state’s turkey population, in accordance with state law’s mandate to conserve and protect the wildlife resource in the interest of the public.
DWFP staff, along with cooperators, the Mississippi Forestry Commission, and the U. S. Forest Service, conduct and analyze surveys to monitor the turkey population and make decisions in the best interest of the turkey population and hunters.
Using generally accepted criteria for management of wildlife programs as a standard, PEER reviewed DWFP’s turkey management program and found that it adheres to scientifically defendable objectives designed to conserve and protect the turkey population and is in accordance with the mandate of law.
The Department’s Management of Mississippi’s Deer Population
Generally, DWFP employs scientifically sound management practices with regard to the state’s deer population. However, the department’s regulations and practices regarding privately owned enclosures for white-tailed deer are not authorized by statute and PEER believes that the department’s permitting of such enclosures is not in keeping with the Public Trust Doctrine. Also, DWFP’s lack of a unified, “top-to-bottom” tracking system for enclosure inspections exacerbates the health risks inherent in the use of these enclosures. Minutes and records of the Commission on Wildlife, Fisheries, and Parks do not reflect that the commission’s decisions regarding permitting of deer enclosures were supported by scientific evidence.
Legal and Policy Issues Regarding Deer Enclosures
DWFP’s regulations and practices regarding enclosures for white-tailed deer are not authorized by statute. MISS. CODE ANN. Sections 49-7-58.1 through 49-7-58.4 (1972) establish a comprehensive approach for DWFP to regulate certain deer enclosures, but do not explicitly derogate the state’s public policy or the tenets of the Public Trust Doctrine (i. e., state law does not specifically permit the conversion of wildlife from public to private resources to be confined and hunted in enclosures). In view of the fact that the state owns such deer for the use and benefit of its citizens, there is considerable doubt as to whether the state could legalize such enclosures.
It is the position of the scientific community that enclosure of native wildlife stocks is not the most effective means of accomplishing the goals of wildlife management. Given the increased risk of disease transmission and genetic risks, more traditional land stewardship practices and management techniques should be used to accomplish the same goals in a more healthy and sustainable way.
In regard to DWFP’s oversight of the deer enclosures within the state, PEER found evidence of limited investigation and inspection for health-related risks and a lack of a unified, “top-to-bottom” tracking system to ensure safety of the facilities. Such weaknesses exacerbate the health risks of deer enclosures set forth in this report.
The Commission’s Adoption of Policy Regarding Management of the Deer Population
The Commission on Wildlife, Fisheries, and Parks and the Department of Wildlife, Fisheries, and Parks are responsible for ensuring that the wildlife resources of the state are managed in the best interest of the people of Mississippi. Documenting the commission’s basis for making its decisions, particularly the scientific basis, would support the credibility of these decisions. However, minutes and records of the commission do not reflect that the commission’s decisions regarding permitting of deer enclosures were supported by scientific evidence.
Recommendations
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*While the department has responsibility for all waterfowl, PEER focused on the programs for ducks, as they are the most significant of the waterfowl for Mississippi sportsmen.