Number: 2007-17
WHEREAS, the Public Trust Doctrine is the keystone component of fish and wildlife conservation in the United States; and
WHEREAS, the Public Trust Doctrine mandates that fish and wildlife resources are held in trust by the government(s) for the benefit of the present and future generations of all citizens; and
WHEREAS, the Public Trust Doctrine is well-established in contemporary common law and was first addressed by the U.S. Supreme Court in the 1800s, Martin v. Waddell, 41 U.S. 367 (1842), and Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892), where the Court explained that states hold natural resources in trust for the people and cannot alienate the trust; and
WHEREAS, it is through the Public Trust Doctrine that fish and wildlife are managed by governmental fish and wildlife agencies with professional fish and wildlife managers ascribing to the North American Model of Fish and Wildlife Conservation; and
WHEREAS, the public must be made aware of the Public Trust, and it must be enforceable against the government, and it must be adaptive to contemporary concerns; and
WHEREAS, the Public Trust Doctrine protects fish and wildlife so that they may be enjoyed by all citizens for bird-watching, hiking, camping, hunting, trapping, fishing and other outdoor wildlife-associated experiences;
NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation, at its annual meeting assembled March 30-31, 2007, in Washington, D.C., fully supports the Public Trust Doctrine wherein fish and wildlife are held in trust by the government for the benefit of all citizens now and in the future; and
BE IT FURTHER RESOLVED that the National Wildlife Federation urges state wildlife agencies to cooperatively fund and staff a strategic plan for strengthening the Public Trust Doctrine and to communicate the existence and importance of the North American Model of Fish and Wildlife Conservation to internal and external stakeholders.