Bureaucracy and Wildlife: a Historical Overview

WellBeing International WBI Studies Repository

1982

Bureaucracy and Wildlife: A Historical Overview

Edward E. Langenau Michigan Department of Natural Resources

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Recommended Citation Langenau, E.E. (1982). Bureaucracy and wildlife: A historical overview. International Journal for the Study of Animal Problems, 3(2), 140-157.

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S.R. Kellert- Wildlife Management Review Article E.E. Langenau-Bureaucracy and Wildlife Review Article

References Books, New York, NY. Introduction county, township, and city programs for Leopold, A. (1968) Sand County Alma wildlife conservation, allow us to esti Cart, T.W. (1971) The Struggle for Wild In order to engage in any meaning nac. Oxford University Press, New mate that nearly $1 billion is spent each life Protection in the United States, ful discussion about wildlife issues in York, NY. year by Government on wildlife programs 1870-1900: Attitudes and Events Lead the United States, it is helpful to have Peterson, R.T. (1981) New wildlife unit in the United States. ing to the Lacey Act. University Mi some understanding of the history of Gov faces many obstacles, New York The purpose of this paper is to trace crofilms, Ann Arbor, MI. ernment's role in wildlife matters. This is Times, September 27, 1981. the historical development of this size Krutch, J.W. (1970) The Best Nature Writ because wildlife conservation in this able bureaucracy, to examine the relation ing of joseph Wood Krutch. Pocket country has been strongly affected by ship between public behavior and Govern governmental policy and action. Wild ment response, and to analyze the essen life in the United States is considered as tial nature of wildlife-related bureaucracy a public matter (or "good"), like national in relation to theories of public adminis defense and public education. Wildlife tration. This analysis should provide us benefits and conservation programs are Bureaucracy and Wildlife: with a better appreciation of the tension distributed throughout the political sys between the biological and political di tem by legislative mandate in accor A Historical Overview mensions of current wildlife conservation dance with the demands of voters and decisions. It will also be helpful in under interest groups. As a result, a bald eagle standing the inherent dilemma of Govern nesting in a Michigan white pine belongs ment in trying to, on the one hand, re Edward E. Langenau, Jr. equally as well to a textile worker in spond to the will of the people while at South Carolina, a Senator in Oregon, the same time ensuring sufficient con and an automaker in Detroit. This paper provides a framework for understanding the Government's position tinuity of policy regarding the enhance However, wildlife is considered a on many wildlife topics, including humane ethics. The historical role of Government ment of wildlife resources. This perspec private good in many nations; govern in wildlife conservation is traced in relation to pertinent theories of bureaucracy. It is ive should also be useful in identifying ment in these countries assumes quite shown that Government involvement in wildlife conservation increased through suc the channels that have been used success different roles in this regard. Discussion cessive stages of change because of interest group activity. fully throughout history to create social These periods of increased Government involvement in wildlife matters are of wildlife issues in these nations there change. fore requires less knowledge of govern shown to have followed periods of resource exploitation. Recurrent cycles of exploita Colonial Customs tion, accompanied by economic prosperity, have then been followed by attitudes fav ment and history. Wildlife benefits are orable to conservation and political activism. This, in turn, has produced periods of distributed throughout their economic The early explorers and colonists backlash when the public rejected Government regulation, which has then caused an systems according to the laws of supply who arrived in this country found wild other period of exploitation. and demand, and wildlife, like timber life to be abundant. Their initial period However, the process of Government regulation works such that the losses dur and livestock, is assumed to belong to of hardship and starvation here has been ing the periods of backlash have been of far lesser magnitude than the amount of per private landowners. attributed to a lack of knowledge rather manent change introduced during major increments in growth of regulation. This paper The public nature of policy toward than to a shortage of available game shows that most of the permanent change in Government has been institutionalized wildlife in the United States has created (Graham, 1947). Many of the English and through the creation of new staff within agencies who represent the position of in the need for a sizeable bureaucracy. The Dutch commoners had no experience in terest groups on various issues. Direct communication between these internal staffs Wildlife Management Institute reported hunting and fishing, since these were and their associated interest groups, special-purpose legislative appropriation, and that in 1979, wildlife budgets were $40 privileges of the ruling classes in Europe. advisory commissions, have given these organizations the appearance of indepen million for the U.S. Forest Service, $17 With experience, and with assistance of dent regulatory agencies. This system has tended to produce a tension between the million for the Bureau of Land Manage the Indians, the colonists soon developed old and new roles of Government in wildlife conservation and has increased agency ment, and $289.5 million for the U.S. Fish a number of customs regarding the prop reliance on regulatory rules for making decisions. and Wildlife Service. Hunting license er relationship of humans to wildlife. revenues totaled $199 million for the 50 Not all of these customs reflected States, and $94 million was available to Dr. Langenau is a wildlife research biologist at the Michigan Department of Natural Resources, Rose Lake much sophistication about biological Wildlife Research Center, 8562 East Stoll Road, East Lansing, Ml 48823. Portions of this paper were pre the States from Federal excise taxes on facts. For example, Trefethen (1964) dis sented at a symposium entitled "Wildlife Management in the United States: Scientific and Humane Issues ammunition and firearms. These dollar cussed colonial attitudes toward preda in Conservation Programs." This symposium was held in St. Louis, MO at the Annual Meeting of The Hu amounts, in addition to those that are tors. He argued that the English settlers, mane Society of the United States on October 14, 1981. not reported for other Federal, State, unlike the French in Canada who adapted

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their society to wilderness conditions, statements of consensus about values of furs in Europe. After considerable tween Indians and settlers, and colonial tried instead to replace the wilderness concerning wildlife that reflected cer controversy, the Proclamation of 1696 domination by European powers. Unlike the earlier period, a significant amount with a village "landscape of spired towns tain elements in the Puritan ethic. called for the withdrawal of western of public resentment and resistance was and cleared land filled with cattle and posts back to the area around the St. associated with this new legislation. sheep." At that time, many colonial laws Western Exploration Lawrence, a recall of all soldiers and set tlers back from the West, and severe re Some of this resentment coalesced into and customs were based on reducing the Expansion westward was motivated, threat of predators, especially the timber strictions on the fur trade of the coureurs the fervor for independence that even in part, by a search for water routes and de bois. However, part of the rationale tually led to the American Revolution. wolf. Bounties were paid for the scalps precious metals, political conflict over behind this proclamation can be attrib of predators, as early as 1629 (Kellert Eastern Exploitation American land among several interested uted to an oversupply of beaver pelts, and Westervelt, 1981 ). Colonists were European powers, and by missionary at which had seriously depressed prices. One of the first jobs of the new Fed often required to tend wolf pits, set out tempts to convert the Indians. However, The fur market gradually recovered eral Government after the end of the Re poison, and participate in wolf-killing the primary motive was interest in furs. from the French attempts at control of volutionary War was to decide upon the drives. Virginia established a tax on In The history of colonization has shown exports from America. As it did, the Brit disposition of land claims in the West dian tribes, calculated according to the that most development involved the ex ish expanded south and west from their that had been made by the original col number of available hunters, which was port of luxury items for waiting markets former center of trade, the Hudson Bay onies. Six of the original States, led by to be paid in wolf scalps to the colonial in Europe. In a sense, then, it was aristo area. Vast areas of land in the West were Maryland, had no western land claims Government (Trefethen, 1964). crats in Europe who created a significant conveyed to the British colonies by char and refused to ratify the 1778 Articles of Although many rules were passed be demand for western exploration in Ameri ter from the Crown of England. This Confederation, unless the other States fore 1677, this year is normally cited as ca. Pelts of bear, elk, deer, martin, rac caused a series of intense wars between relinquished their rights to western land. the date when the first game law was coon, mink, muskrat, opossum, lynx, wolf, the French and British for control of the Various proposals were debated; it was passed (Palmer, 1912). At that time, Con and fox were shipped to Europe in great interior fur trade. The British were vic finally resolved that these lands would necticut limited the number of months quantity. But the most important fur was torious; at the Peace of Paris in 1763 remain as a public domain that was owned during which deer could be taken and the beaver pelt, which was used for the they received all of the former French by the United States as a whole. Accord also prohibited the export of game meat broad-brimmed hats that were fashion territory east of the Mississippi. Spain ing to the subsequent land ordinance of and hides. Certain methods of hunting able in the late 1600's and early 1700's. was given New Orleans, as well as all 1785, these lands would be surveyed and were also prohibited, first by Maryland Beaver and otter pelts were shipped from former French land west of the Mississippi. sold to the public with the revenue used in 1730: it was made illegal to hunt deer the colonies to Europe as early as 1621 British policy after the wars was for to support the activities of the Federal by firelight. Many colonies prohibited (Trefethen, 1964). mulated to keep the Indians contented: Government. hunting on Sunday. Uniform fines were Much of the fur trade had a direct like the French, an attempt was made by This concept about the role of the also passed for violations; for example, a economic impact on the governments of the English to restrict western encroach early Government is consistent with the fine of 5 British pounds was associated Europe. It was common practice at the ment of white settlers onto Indian lands. thinking of our founding fathers (Fiader, with violating the 1646 law in Portsmouth. time for rulers to sell monopolistic fur Therefore, the Proclamation of 1763 re 1976). They saw land management as an Half of this fine went to the person making rights to trading companies, in exchange stricted settlers from going west of the enterprise for private citizens, not as an the arrest and half to the town treasury. for flat payments of substantial size. In Alleghenies, and British officials were appropriate function of government. By 1720, nearly all of the colonies turn, the fur companies established trad appointed to regulate fur prices to make Policies related to the transfer of land had some type of game law in force. Ac ing posts in their assigned regions, to buy sure that Indians were not cheated. Ali previously held in the public domain to cording to British mandate, each town pelts from Indians and from unlicensed censing system was imposed on fur trad individuals reflected John Locke's posi was to appoint local individuals as "in fur dealers, the "coureurs de bois." ers, and the Proclamation nullified many tion that government should work to se formers of the deer." These were later These white men often lived with the In cure human rights and Thomas Jeffer denoted as "deer wardens" in 1739 in land claims of the colonies in the West. dians, had Indian wives, and blatantly ig Government activities, as these re son's concept that government should Massachusetts, and then as "deer reeves" nored the assignments of monopolistic lated to wildlife matters during western foster the pursuit of individual happi in 1764. These early laws were passed trapping rights to trading companies. exploration, were rarely concerned about ness. Land was seen as a means of ensur with little political initiative and were the conservation of resources or social ing both individual self-sufficiency and met with limited resistance from the Government intervention during values, in contrast to the wildlife protec personal freedom. The assumption behind public, since they were designed to re these times was quite complex. French tionist measures introduced in early col this policy was that husbandry of re strict only the most flagrant of outcasts, policies vacillated between westward sources could be accomplished by ap who were thought to pose a threat to the expansion of fur trading posts and pro onial times. Wildlife legislation was now plying discernible natural laws to manip food supply of early settlements. But tection of permanent settlements along based on competition for profits, control ulation of the environment. more important, these laws constituted the St. Lawrence, depending on the price of economic prices, relationships be- tNT I STUD ANIM PROB 3(2) 1982 143 142 /NT I STUD ANIM PROB 3(2) 1982 !II II

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These attitudes had three immediate resources in the several eastern States when railroads reached the West and pop ed (Trefethen, 1964; Allen, 1954). consequences. First, there was serious were introduced. Many laws were passed ulation increased, game prices rose and The passenger pigeon and bison were concern over the exact description of to restrict the length of hunting seasons attracted eastern hunters and entrepren not the only species to be affected by natural laws, because Jefferson, Madi (Palmer, 1912). For example, Massachu eurs. In the late 1880's, railroads going market hunting. In the early 1890's, rail son, Franklin, and others were actively setts established hunting seasons for east carried large amounts of game meat road stations in North Dakota were I ined involved in interpreting the results of snipe in 1818, New Jersey for rabbits in and hides. with ducks, and it was not unusual to see their own formal experiments on logging, 1820, and New Hampshire (in 1821) for The effects of this market hunting carloads of spoiled birds dumped in warm plowing, fertilizing, and crop rotation to beaver, mink, and otter. Maine established industry, and the corresponding public weather (Gustafson eta/., 1940). In addi maintain soil values. Next, there was a a moose hunting season in 1830, Penn feeling that wildlife supplies were vir tion to waterfowl, there was a significant rapid acquisition of land in the West; sylvania set a season on squirrels in tually unlimited, are now legendary. The market for deer, rabbits, antelope, and this land was subsequently transferred 1841, and the hunting of screech owls passenger pigeon, whose population had elk. A large trade in women's millinery to individuals. The Government also ac was regulated in New Jersey in 1850. been estimated at 10 billion in 1840, was also developed a market for the nuptial quired a vast amount of land between This trend toward protection was exterminated. Hunters shot indiscrimi plume feathers of herons, and ornamen 1803 and 1853 by the Lou is ian a Purchase, associated with an increased public con nately into flocks so large they darkened tal quills and breast feathers of pelicans, the conquest of Mexico, the treaty with cern about natural resources. It also co the sky- in one case, a single flock con gulls, egrets, and grebes. These "plume England, and by accessions from Spain, incided with the advent of special-inter tained over 2 million birds. A more ef birds" nested in colonies, and large num Texas, and Mexico. The U.S. Government est groups. During the 1840's, a wave of fective method for market hunters was bers were killed on their breeding grounds. had wanted much of this land because of reforming zeal swept across the United to build smudge fires in the birds' roosts. certain ancillary goals, such as control States. This was influenced by "Jackson Nestlings, prized as squab, were thereby Public Involvement of harbors and ports, railroad construc ian Democracy," which called for greater suffocated; blinded adults were driven tion, and protection of the fur trade. The public participation in Government. As out of roosts and caught in large nets. By The early sportsmen's groups, formed Government attached no great value to pects of this new fervor included the 1890 the species was nearly extinct. To a during the 1840's, expanded in size and the land itself and only promoted west movement to abolish slavery, an anti-Cath great extent, the demise of this species number as a response to the growth in ern expansion because it had an excess olic movement, the Temperance crusade, was caused by overhunting, but extensive market hunting. By 1900, there were 374 of land- which might as well be sold and a concern about women's rights. depletion of the hardwoods, on which it of these groups in the United States. Sci and a shortage of cash. The third effect About this time, wildlife issues also depended for acorns, also contributed entists concerned with the effects of ex was that the emphasis on productivity began to receive attention. The earliest to its inability to survive. The last pas ploitation also organized into groups, and manipulation of land encouraged un wildlife group, the New York Associa senger pigeon in existence died on Sep for example, the American Fish Culturist's checked exploitation of natural resources tion for the Protection of Game, was tember 1, 1914 in the Cincinnati Zoo Association (1870) and the American Or (Fiader, 1976). organized in 1844. This, and other wild logical Garden (Trefethen, 1964; nithological Union (1883). The American The eastern states were the first to life interest groups, assumed "quasi Schoger, 1955). Humane Association, a national federa suffer serious abuses of natural resources. police powers" (Trefethen, 1961) and made The bison is another well-known tion of humane societies, was formed in There was overgrazing of ranges, indis legislative recommendations directly to victim of resource exploitation. It was 1877 and supported the protection of criminate exploitation of minerals, high the States. doomed by the advent of the railroad, plume birds that was then being pro grading of timber, and various practices which effectively divided the total herd moted by actress Minnie M. Fiske, the that led to soil erosion. No controls on Western Exploitation into two populations, northern and south AOU, and the New York Zoological Soci exploitation of this type had been part ern, and also provided ready access for ety. Many Audubon societies, preserva During the mid-1800's, there were tion groups, and horticulture associa of the colonial customs (as compared with bison products to distant markets. Buf conflicting trends: resources were begin falo were slaughtered by the millions by tions were also formed during this peri concerns about wildlife, as noted above); ning to be protected in the East, while men who considered a take of 50 a day od; the American Forestry Association nor had settlement laws been used to exploitation continued in the West. This appeared in 1875 and the Sierra Club control the fur take or fur prices during to be a poor average. Often, only the resulted in the advent of a major indus was established in 1892. the periods of French and British rule. tongues and hide were actually used. In try- market hunting- which began in 1872 and 1873 the railroads originating In addition to the appeals by such 1850 and peaked in the 1880's. Game Eastern Protectionism in Kansas shipped 1,250,000 hides to east formal organizations for regulation of re meat taken by professional hunters who ern tanneries; in 1882 the Northern Paci source abuse, the general public was be Soon, however, citizens began to ·had given up farming and ranching was fic Railroad alone shipped 200,000 buf coming aware of some of the scientific realize the effects of abuse of resources sold in western markets. The Civil War falo hides. By 1880 the huge herds had and esthetic issues entailed in wildlife and reduction of wildlife population, helped the industry by creating a market essentially disappeared and the prairie conservation. Henry William Herbert, writ and new measures for protection of these for game meat to feed both armies. Then, landscape of the bison was forever alter- ing under the pen name of Frank Foster,

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reached millions of Americans with the landowner's property had proportionately ganized during the same time period as activity by interest groups after the crea message that wildlife should be used for less public land at the time when their the wildlife agencies. It proposes that tion of new agencies. As a result, the recreation and not for commerce. The wildlife legislation was first being for there is a series of stages through which market hunting industry was virtually public was also becoming acquainted mulated. regulatory agencies pass until they destroyed. The interest groups, and not with the works of Audubon. Wilson. and The first professional officials for reach their final end-point- obsoles industry, had captured the agencies. The public discontent that resulted enforcing wildlife legislation appeared cence. Initially, there is some sort of This was best evidenced by the appoint from these new ideas produced a flurry during this period. Before this time, ear publicly expressed disagreement with an ment of Major W.A. Wadsworth, presi of Government activity. The game pro ly game laws had been enforced by local industry. People then become organized dent of the Boone and Crockett Club, as tection trend moved westward: Wiscon police officers, who received part of and present their concerns about the director of New York Fish and Game sin established a hunting season for their salaries from fines, or by political problem to legislators. The usual legis Commission. The subsequent "wedding" prairie chickens in 1851, California for appointees, such as the deer wardens in lative response is to create an indepen of Government and sportsmen in 1900, elk in 1852, and Idaho for bison in 1864. Massachusetts (1739). These new profes dent agency, outside the executive when Teddy Roosevelt became govern The first law on a bag limit, which re sionals were first seen in 1887, when branch of Government, to deal with the or of New York, laid the foundation for stricts the number of animals taken per Michigan, Minnesota, and Wisconsin problem. After the agency has been set control of Government by interest groups day, was passed by Iowa in 1878. Some created full-time salaried positions. The up, public interest in the issues tends to (Trefethen, 1961 ). legislation was also enacted at the State appropriate State agencies were corre become less intense. The legislature Stigler (1971 ), in arguing against Bern level concerning non-game birds (Palmer, spondingly structured so as to provide then reduces the amount of financial stein's theory on the independence of 1902). In 1850, both Connecticut and enforcement powers for regulation. support given the agency, in accordance regulatory agencies, suggested that in New Jersey passed laws making it illegal Public involvement in the politics with waning public interest. At the same dustry actively seeks Government regu to kill insectivorous birds. Other States of resource management also made a time, the regulated industry will have lation for four basic reasons: (1) to con followed, with laws aimed at protection significant impact on the Federal Gov spent a considerable sum to influence trol entry of new firms, (2) to reduce ef of "songbirds" or "harmless" birds. ernment. In 1871, Congress created the the newly created agency. In the pro fects of market substitutes, (3) to gene Plume birds and seabirds were first pro U.S. Commission on Fish and Fisheries. cess, the agency comes to depend upon rate direct subsidies, and (4) to have tected by Florida in 1877, and in 1897 The Timber Culture Act of 1873 gave the industry it was created to regulate price controls enforced by coercive California made it illegal to possess, or homestead owners an additional 160 and thereby becomes "captured." With power. Applying Stigler's approach to wear, the plumage or skin of several birds. acres, if they agreed to plant and cul time, the industry finds that it no longer the area of wildlife concerns, and as State governments also responded tivate 40 acres of trees over a period of needs the agency and reduces its sup suming that interest groups also seek to this new public demand by establish 10 years. The combined efforts of wild port; soon, the regulatory agency is regulation, four parallel effects can be ing special agencies to consider fish and life-oriented humanists, scientists, hunt dissolved. generated. Interest groups would desire game matters. The first State Fish and ing groups, legislators, and Government The historical development of wild regulation so that the entry of other in Game Commissions were created in New officials culminated in the Lacey Act of life management agencies fits only the terest groups into the political arena Hampshire and California during 1878. 1900, which prohibited interstate traffic first part of this model. A large number could be controlled by the agency. Sub The right of the States to enact their own in birds killed in violation of State law. of interest groups were attempting to re stitute land-use products, like timber separate legislation on wildlife, how Many States had by that time passed duce the volume of market hunting, which and agricultural goods, would have re ever, did not go unchallenged. But in laws for protection of wildlife, but these was a powerful industry in the 1880's. duced value. Regulation might also be 1896, a U.S. Supreme Court case, Geer were being openly violated by market Disagreement on this specific issue was sought so that non-wildlife interests vs. Connecticut (161 U.S. 569), upheld hunting industries. The Lacey Act brought expressed to legislators as one element would subsidize wildlife agencies. Final the authority of States in this area. The an end to this era, destroyed the market in this era of widespread reformation, ly, game laws would be enforced by principle that wildlife is a public good, hunting industry, and demonstrated the and new agencies, which received little police-like agencies. implied in the Magna Carta of 1215, had power that is inherent in the political administrative control from State gov This modification of Stigler's theory been legally upheld by the highest court process when groups with different in ernors, were created. Funding of these seems to fit quite well with the actual in the United States. The idea that gov terests unite to press for a common agencies was subsequently linked to practice of wildlife agencies in the early ernment should assume control over wild cause (Cart, 1971 ). hunting interests when several States, 1900's. At that time, interest groups ac beginning with North Dakota, required tively sought regulation and initiated a life management, even on private land, Regulatory Theory might not have evolved if we had not hunting licenses in 1895. It is at this considerable amount of legislation: a had such great quantities of publicly Bernstein's (1955) theory has been point that the broad pattern in the his total of 1,324 game laws were passed in held land in the United States. By con used to explain the creation of formal torical evolution of wildlife regulation the United States, between 1900 and 1910 trast, countries where wildlife is treated regulatory agencies, like the Interstate departs from the model, for this action (Pal mer, 1912). Many of these I aws appear as a private good and considered as the Commerce Commission, which were or- induced increased, rather than reduced to relate to the above-mentioned rea- /NT I STUD ANIM PROB 3(2) 1982 147 146 INTI STUD ANIM PROB 3(2) 1982 E. E. Langenau-Bureaucracy and Wildlife Review Article E. E. Langenau-Bureaucracy and Wildlife Review Article

reached millions of Americans with the landowner's property had proportionately ganized during the same time period as activity by interest groups after the crea message that wildlife should be used for less public land at the time when their the wildlife agencies. It proposes that tion of new agencies. As a result, the recreation and not for commerce. The wildlife legislation was first being for there is a series of stages through which market hunting industry was virtually public was also becoming acquainted mulated. regulatory agencies pass until they destroyed. The interest groups, and not with the works of Audubon. Wilson. and The first professional officials for reach their final end-point- obsoles industry, had captured the agencies. The public discontent that resulted enforcing wildlife legislation appeared cence. Initially, there is some sort of This was best evidenced by the appoint from these new ideas produced a flurry during this period. Before this time, ear publicly expressed disagreement with an ment of Major W.A. Wadsworth, presi of Government activity. The game pro ly game laws had been enforced by local industry. People then become organized dent of the Boone and Crockett Club, as tection trend moved westward: Wiscon police officers, who received part of and present their concerns about the director of New York Fish and Game sin established a hunting season for their salaries from fines, or by political problem to legislators. The usual legis Commission. The subsequent "wedding" prairie chickens in 1851, California for appointees, such as the deer wardens in lative response is to create an indepen of Government and sportsmen in 1900, elk in 1852, and Idaho for bison in 1864. Massachusetts (1739). These new profes dent agency, outside the executive when Teddy Roosevelt became govern The first law on a bag limit, which re sionals were first seen in 1887, when branch of Government, to deal with the or of New York, laid the foundation for stricts the number of animals taken per Michigan, Minnesota, and Wisconsin problem. After the agency has been set control of Government by interest groups day, was passed by Iowa in 1878. Some created full-time salaried positions. The up, public interest in the issues tends to (Trefethen, 1961 ). legislation was also enacted at the State appropriate State agencies were corre become less intense. The legislature Stigler (1971 ), in arguing against Bern level concerning non-game birds (Palmer, spondingly structured so as to provide then reduces the amount of financial stein's theory on the independence of 1902). In 1850, both Connecticut and enforcement powers for regulation. support given the agency, in accordance regulatory agencies, suggested that in New Jersey passed laws making it illegal Public involvement in the politics with waning public interest. At the same dustry actively seeks Government regu to kill insectivorous birds. Other States of resource management also made a time, the regulated industry will have lation for four basic reasons: (1) to con followed, with laws aimed at protection significant impact on the Federal Gov spent a considerable sum to influence trol entry of new firms, (2) to reduce ef of "songbirds" or "harmless" birds. ernment. In 1871, Congress created the the newly created agency. In the pro fects of market substitutes, (3) to gene Plume birds and seabirds were first pro U.S. Commission on Fish and Fisheries. cess, the agency comes to depend upon rate direct subsidies, and (4) to have tected by Florida in 1877, and in 1897 The Timber Culture Act of 1873 gave the industry it was created to regulate price controls enforced by coercive California made it illegal to possess, or homestead owners an additional 160 and thereby becomes "captured." With power. Applying Stigler's approach to wear, the plumage or skin of several birds. acres, if they agreed to plant and cul time, the industry finds that it no longer the area of wildlife concerns, and as State governments also responded tivate 40 acres of trees over a period of needs the agency and reduces its sup suming that interest groups also seek to this new public demand by establish 10 years. The combined efforts of wild port; soon, the regulatory agency is regulation, four parallel effects can be ing special agencies to consider fish and life-oriented humanists, scientists, hunt dissolved. generated. Interest groups would desire game matters. The first State Fish and ing groups, legislators, and Government The historical development of wild regulation so that the entry of other in Game Commissions were created in New officials culminated in the Lacey Act of life management agencies fits only the terest groups into the political arena Hampshire and California during 1878. 1900, which prohibited interstate traffic first part of this model. A large number could be controlled by the agency. Sub The right of the States to enact their own in birds killed in violation of State law. of interest groups were attempting to re stitute land-use products, like timber separate legislation on wildlife, how Many States had by that time passed duce the volume of market hunting, which and agricultural goods, would have re ever, did not go unchallenged. But in laws for protection of wildlife, but these was a powerful industry in the 1880's. duced value. Regulation might also be 1896, a U.S. Supreme Court case, Geer were being openly violated by market Disagreement on this specific issue was sought so that non-wildlife interests vs. Connecticut (161 U.S. 569), upheld hunting industries. The Lacey Act brought expressed to legislators as one element would subsidize wildlife agencies. Final the authority of States in this area. The an end to this era, destroyed the market in this era of widespread reformation, ly, game laws would be enforced by principle that wildlife is a public good, hunting industry, and demonstrated the and new agencies, which received little police-like agencies. implied in the Magna Carta of 1215, had power that is inherent in the political administrative control from State gov This modification of Stigler's theory been legally upheld by the highest court process when groups with different in ernors, were created. Funding of these seems to fit quite well with the actual in the United States. The idea that gov terests unite to press for a common agencies was subsequently linked to practice of wildlife agencies in the early ernment should assume control over wild cause (Cart, 1971 ). hunting interests when several States, 1900's. At that time, interest groups ac beginning with North Dakota, required tively sought regulation and initiated a life management, even on private land, Regulatory Theory might not have evolved if we had not hunting licenses in 1895. It is at this considerable amount of legislation: a had such great quantities of publicly Bernstein's (1955) theory has been point that the broad pattern in the his total of 1,324 game laws were passed in held land in the United States. By con used to explain the creation of formal torical evolution of wildlife regulation the United States, between 1900 and 1910 trast, countries where wildlife is treated regulatory agencies, like the Interstate departs from the model, for this action (Pal mer, 1912). Many of these I aws appear as a private good and considered as the Commerce Commission, which were or- induced increased, rather than reduced to relate to the above-mentioned rea- /NT I STUD ANIM PROB 3(2) 1982 147 146 INTI STUD ANIM PROB 3(2) 1982 E.E. 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sons why wildlife interest groups might as a forest preserve in 1892 and then de Roosevelt administration, and its intel during the 1920's. They attributed this to actively seek regulation. signated as a salmon preserve by the lectual leaders like Pinchot, Powell (of a variety of factors, including the auto U.S. Bureau of Fisheries; finally, it was the U.S. Geological Survey), and McGee mobile, which suddenly made the wilder Progressivism established as a Wildlife Refuge for sea (from the Inland Waterways Commission), ness accessible to many people. But lions and sea otters. President Roosevelt have been given too much credit for the there was also a boom in wheat prices, Wildlife conservation became a ser continued this policy of placing land conservation movement that evolved at leading to increased production at the ious part of the machinery of the Fede within the public domain. In 1903 the the turn of the century. She has stated expense of soil, timber, and wildlife. In ral Government during the administra first National Wildlife Refuge was that citizens themselves had petitioned addition, industrial growth had reduced tion of Teddy Roosevelt. This man, well created on Pelican Island, Florida, to the Government to preserve pristine the number of farms and increased the known for his adventures in war and wil protect plume birds. During the rest of areas, for recreational opportunities and need for recreational use of land. Fur~ derness, was more than just a big-game his administration, vast holdings of land for resource protection, and that this ther, the major growth of wildlife agen hunter. He was also a perceptive natural were transferred to the national forest sentiment was later "co-opted" by ad cies within Government had begun to ist and a talented organizer. In 1888 he reserve, national wildlife refuge system, ministrators who sought to formulate a show a real decline from the rampant in founded the Boone and Crockett Club and national park system. rational framework for managing land creases seen during the Progressive Era. with 100 members, many of whom were One of the most significant events production systems on behalf of the pub influential in business, politics, and the of the Roosevelt administration was the lic benefit. This view is consistent with The New Deal military. All of the members were big White House Conference of Governors some of the theories of government reg game hunters who had an ingrained re The Great Depression, and the New in 1908. This represented one aspect of a ulation previously discussed. spect for the natural environments of Deal policy of Government control to broad alliance that was built up between the grizzly bear, elk, deer, caribou, and remedy economic problems, gave power the Federal and State governments during Renewed Exploitation moose. It was only natural that many of back to the conservation agencies. The the early 1900's. The chief idea to these hunting friends would be placed in Difficulties in generating congres basic pre-war trends in conservation emerge from this meeting was that natu high positions when Roosevelt was elect sional support for progressive reform were therefore re-activated in the 1930's. ral resources could be utilized under a ed in 1901. Immediate changes were began to appear during the latter part of Agencies were structured bureaucrati system of management, rather than sim made. The Biological Su·rvey was posi Roosevelt's term. Congress failed to ap cally by division of labor, authority was ply be preserved or protected. After the tioned at a higher administrative level. propriate money for the National Con allocated according to rank and exper meeting, a list of resolutions was enacted, In 1905, the United States Forest Service servation Commission and also stopped tise, and employees were given expanded 41 State conservation commissions were was created and given to Pinchot, a the scientific bureaus from doing any civil service protection. New agencies, formed, and 50 commissions of national member of Roosevelt's club and the commission work. This trend continued like the Soil Conservation Service, were organizations were organized. The first father of American forestry. The term under Wilson's administration, although created, as wer~ public works projects North American Conservation Conference "conservation" was coined by Pinchot the major setback for natural resource like the Civilian Conservation Corps. was held in 1909 (Graham, 1947). or his assistant, Prince, in 1907 and be management came with World War I. Many laws were passed at the Federal came the cornerstone of policy in the The Roosevelt and Wilson adminis Not only was national attention diverted and State levels involving forestry, graz Roosevelt administration. The original trations operated under a philosophy of from conservation, but conflict also leg ing, parks, fisheries, and soil conserva definition of conservation, "wise use, progressivism, in which the powers of itimized exploitation under the guise of tion. The most notable measure involving without waste," became the slogan of Government were used to counteract or support for war-related industrial activi wildlife was the Pittman-Robertson Act Government bureaus, as well as many control the growing concentration of pri ty. Some legislation was passed, despite of 1937- excise taxes on firearms and interest groups. vate power. The immediate effect of this the war, such as the bill that created the ammunition were to be collected at the The policy on land in the public do effort was an increase in the strength of National Park Service in 1916 and the Federal level and then returned to the main also changed during these years. the public interest groups that had been Migratory Bird Treaty in 1918, which States for restoration of wildlife. Yellowstone National Park had been de created after the era of Jacksonian Dem made it illegal to shoot waterfowl during Kellert and Westervelt (1981) found signated in 1872 as an area where hunt ocracy in the 1840's. This policy also spring. a second peak of interest in wildlife dur ing and timber cutting were prohibited. facilitated expansion of the bureaucracy After the war, exploitation of re ing the 1930's. They attributed this trend Often, these restrictions were ignored organized to handle conservation issues, sources continued and became one ele to a renewed demand for, and interest in, until the Yellowstone Park Protection as the Federal Government withdrew large ment in the great burst of economic pros protectionism. Major drainage of wet Act was passed in 1894. President Har tracts of land from private hands and perity during the 1920's. Kellert and Wes lands in the early 1900's, which was fol rison had designated 13 million acres of placed them once again in the public tervelt (1981) noted a peak of interest in lowed by drought and dustbowls, and land as a public forest reserve in 1891. domain. wildlife, as measured by the number of overhunting during the 1920's, aroused Afognak Island, Alaska, was declassified Flader (1976) has argued that the animal-related articles in newspapers, the concern of a broad spectrum of peo-

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pie: recreation ists, protectionists, scien again promoted resource abuse. Corres game law violations. Attitude surveys mental conscience. Stuart L. Udall, a de tists, and humanists. In response, consid pondingly, agencies in Government again were begun to determine public senti dicated conservationist, was appointed erable Federal and State legislation was began to expand as the war ended and ment on controversial issues and the rel as Secretary of the Interior. In 1962 enacted to arrest the deterioriation of the results of exploitation were recog ative positions of the various interest Rachel Carson's book Silent Spring wildlife habitats and other natural re nized. At the same time, the number of wa~ groups on significant topics. Much of pub! ished, became a best-seller, and had sources. hunters increased and fees paid by them this effort can be understood as necessa a major impact on public attitudes. The 1930's also saw the emergence provided a strong economic foundation ry for providing information to agencies There were also a number of dramatic of a closer union between scientists and for wildlife management programs in concerning changing organizational and well-publicized environmental trag Government decision-makers. This new Government. Agencies began to hire re environments and for including public edies in the 1960's, inc! ud ing oi I spi lis collaboration had been inspired by Frank source managers who had taken advan input in decision-making. It might be from the wreck of the Torrey Canyon lin Roosevelt's concept of a "brain trust" tage of the Gl Bill to attain specialized concluded that the best way to under and from an off-shore drilling accident of academics who would be available for training in this area. stand a Government organization, dur in the Santa Barbara Channel. Government consultation. The idea that This professional specialization fos ing this period, was to look at its Federal legislation enacted during Government programs might sometimes tered in educational centers, combined monitoring data. And the best way to this period reflected this public concern be considered as social experiments, a with knowledge about the working of change the agency was to request that it over broad issues related to natural re concept explicit in the New Deal Philo division of labor gained in the military, collect new kinds of monitoring data. source management. Major new efforts sophy, also had an impact on wildlife caused agencies to develop sub-units to included the Sikes Act (1960), the Refuge agencies. Some began formal experi enhance efficiency. Special sections The Ecological Revolution Recreation Act (1962), the Wilderness ments. Universities responded appropri were established at State and Federal The events of the 1960's and 1970's Act (1964), the Water Resources Planning ately, as evidenced by the publication of levels to manage big game, waterfowl, jarred the complacency of the old wild Act (1965), the Land and Water Conser Leopold's classical text Game Manage upland game, and other groups of hunted life conservation agencies. They became vation Fund Act (1965), the Federal Wa ment in 1933 and by his title- the first species. Research, laboratory, field, and reflective about their proper role, as new, ter Quality Act (1967), and the Wild and professor of wildlife management. administrative functions were assigned broad environmental legislation created Scenic Rivers Act (1968). During this era, agencies began to to assist different groups of agency em rapid growth in all of the agencies re Wildlife conservation agencies soon realize that regulation of the numbers of ployees. Separation of fish, forestry, sponsible for natural resource functions became painfully aware of the growth in animals taken by hunters was not alone parks, wildlife, and enforcement duties other than wildlife conservation. At the competing Government bureaus. It was sufficient for effective wildlife manage occurred in many agencies. same time, powerful public interest groups in this context that such agencies admit ment. Land with special wildlife value The division of labor within agen appeared in the political arena to pro ted during the 1970's that their program was therefore purchased by agencies, cies and the presence of multiple inter mote complex and confusing demands matic emphasis to date had been on hunt game-farming and stocking programs est groups influenced the method by concerning the environment. Hunter ing programs, and that they had failed to were initiated, and attempts to control which wildlife conservation decisions populations also changed with the advent serve the larger public. Certain policy wildlife habitats began. This period also were made. The pre-war agency could of a new group of recreationists, who changes therefore resulted. In response marked the point in the history of con develop long-range plans because its came from urban and suburban areas to public demand, many States develop servation when regulation began to be organizational environment was simple and who had had no family tradition in ed systems for collecting wildlife reve based on principle. This two-part princi and predictable. However, the uncertain hunting. New biologists were hired by nues from recreationists who did not ple held that Government efficiency in environment created by conflict and agencies and some communication probe hunt. The Federal Government develop wildlife programs depended on adherence competition among sub-units, as well as !ems developed because of the differ ed an Endangered Species Program to to basic biological laws and that equity by outside power coalitions, made this ences in training and attitudes between provide aid to the States, and the in these programs depended on an equal kind of simple, rational decision-making these individuals and the more senior Wildlife Management Institute pro distribution of benefits among all of the impossible in agencies reorganized after biologists who had been recruited right moted a Federal aid program for non World War II. interest groups involved in financing the after World War II. game species. Most important, the idea agency. Whenever agencies faced a new As a consequence of this uncertainty, Kellert and Westervelt (1981) found that wildlife conservation agencies problem, this principle was utilized in agencies developed rigorous data col an increase in the number of animal should be involved in the management making critical decisions. lection systems so they could monitor related newspaper articles during the of biological communities, rather than the changing environment. Statistical Post-War Specialization Within 1960's. They considered a wide diversity simply be concerned about selected data banks were created to monitor the Government of antecedents for this trend, including populations of species, gained accep harvest of animals, license sales, pro the influence of President john F. Ken tance at this time. In fact, though, this Developments in conservation were gram effects, budgetary expenses, hunt nedy, who criticized the Eisenhower ad idea had been around for some time. arrested by World War II, which once ing accidents, and the various types of ministration for its lack of an environ- The legitimacy of hunting was also 150 /NT 1 STUD ANIM PROB 3(2) 1982 tNT 1 STUD AN/M PROB 3(2) 1982 151 E.E. Langenau-Bureaucracy and Wildlife Review Article E.E. Langenau-Bureaucracy and Wildlife Review Article

seriously challenged during this period. ues underlying the issues were rarely ad duce any taxable good, they do not have pendent from the processes of the exec Anti-hunting groups began to make them dressed, because there was only a small the funds to provide direct support for utive, judicial, and legislative branches selves heard at legislative hearings and constituency among these groups who the Government work entailed in clean of Government. to use the courts to challenge existing were able to discriminate between cause ing up the effects of pollution. Rather, Special-purpose funding also allowed legislation and policy. The U.S. Fish and and effect. It is not unusual, then, for us success in getting funds for the requisite the concerns of outside interest groups Wildlife Service was taken to court over to remember the 1970's in terms of much agency work has come about through to gain representation within the agen its failure to develop an Environmental publicized issues like the Grand Canyon the interest group's ability to coalesce cies. Interest groups could then commu Impact Statement on waterfowl hunting. burros, the snail darter, and de-classifi voting power to pressure the agency. In nicate directly with a staff of Govern The Pittman-Robertson Act was chal cation of the timber wolf, along with a response, the agency charges fees to the ment workers who would be responsive lenged on the basis that non-game re variety of other case studies that tended industries, in accordance with the new to their particular cause, since these sponses to game management programs to obscure broader policy questions. costs of cleaning up which were not previ workers' salaries were being paid by the were not being assessed. In response to ously included in the price of goods. The group. However, at the same time, com these challenges, agencies added train The New Regulation Government is thereby provided with petitive interests were often making dif ing in wildlife biology and sportsmanship sufficient funds to undertake pollution ferent sorts of appeals from the outside, to hunter education courses. National The behavior of wildlife agencies control and clean-up programs. through the courts and the legislatures. conferences on hunting ethics were held during this period cannot be explained In reviewing the application of These other kinds of effects, because in Charleston, North Carolina, in 1977 by Bernstein's model, nor by the modifi Weaver's model to the actions taken by they lacked the economic mechanisms and in Des Moines, Iowa, in 1980 to pro cation of Stigler's model discussed prev agencies in the 1970's, there is clear for establishing internal representation mote appropriate agency action, guide iously in this paper. Rather, Weaver's evidence of the emergence of new and within the appropriate agencies, were the drafting and proper enforcement of (1978) idea of "new regulation" seems to different interest groups into the political generally unsuccessful in the 1970's. legislation, and increase citizen aware provide a better fit for the events that arena, the evolution of new issues, re occurred. Weaver felt that a different ness about the role of hunting in wildlife formation of policy and programs based The Dominance of Economic kind of regulation process was being management. Research was initiated on on the application of ethical values, and Concerns non-game and endangered species and utilized in newer agencies, such as the corresponding attempts to reduce the on the effects of habitat manipulation Environmental Protection Agency. In power of traditional interest groups. In the 1980's the major wildlife is of biological communities. this model, new interest groups promote There is considerable evidence that revi sues have all involved economic consid But perhaps the most important devel reform and thereby revitalize a particu talization of agencies occurred as one erations. Voters in the United States, by opment during the 1960's and 1970's was lar Government agency by forcing a pro consequence of this process. However, their demonstrated preferences in the the renewed emphasis on single-issue portionate reduction in the influence of there was no evidence of internalization 1980 election, were expressing a concern politics. The organization of interest the more traditional groups. The evalua of externalities seen in the wildlife poli about the costs entailed in regulation, groups during this time was based on the tion of new issues, in this model of regu tics of the 1970's. about the possible effects of deficit existence of an astute group of leaders lation, most often involves the transfer Rather, revitalization occurred Government spending on inflation, and who focused on systems of ethical val of power from those who produce material through a system of "user-pay" Govern about the cost of environmental protec ues, combined with memberships who products to groups of intellectual reform ment financing. Traditional interest tion and natural resource management. had strong emotional involvements re ers who promote abstract values, new groups, threatened by the advent of Secretary Watt, Department of the In lated to somewhat isolated issues. This concepts, and higher ethical standards .. newer competitive demands, requested terior, announced a new trend in policy combination caused these interest groups Weaver also indicated that success further regulation, just as they had done in his speech at the 46th North American to search for new issues to broaden and in this new climate of regulation has in former times. Therefore, many wild Wildlife and Natural Resource Confer increase their memberships. But this pro been achieved primarily through "inter life bills passed in the 1970's included ence: agencies must begin to consider cess also caused some loss of control nalizing the externalities." This proced special-purpose funding; in many States, the economic tradeoffs involved in the over members, as the diversity of issues ure involves forcing manufacturers and fixed percentages of funds from hunting various policies related to regulation. proliferated. The types of legislation en consumers to pay for the social costs in license revenues were earmarked for State and Federal wildlife agencies acted, agency growth, and interest-group volved in upgrading the processes entail specific purposes. Special fees, such as entered the 1980's in a state of fiscal cri activity continued to foster this issue ed in providing goods and services. The those obtained from issuing State water sis. Hundreds of agency positions went orientation, often at the expense of con usual example of this policy that is cited fowl hunting stamps, upland game bird unfilled throughout the Nation because siderations about broader issues related in the literature concerns industries that stamps, public access stamps, and others of shortages in funds. New and impor to policy or value guidelines. When many pollute (Kneese and Schultze, 1975). Since were assessed for individual user groups. tant programs were postponed or re of these single-issue cases came to be interest groups promoting the value of This targeting of funds allowed wildlife duced in scope. Others were initiated debated in the courts, fundamental val- clean air and water do not themselves pro- agencies to become increasingly inde- without any expectation of general fund-

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ing revenues sufficient to supplement G i I bert (1971) proposed that the dif After new programs are created, sions: conservation practices ought to anticipated recreational revenues. Ener ferent eras in the historical development one consequence is often an increased be based on biological facts; but also, gy development, agriculture, and urban of thinking about natural resource man level of activity among interest groups. opportunities for wildlife benefits should development were given precedence in agement coincided with changes in so Younger professionals are added to the be equally distributed among all who land management- doves, woodpeckers, cial theory. He proposed that an Era of agency staff to represent these new in finance the agency. These two principles and rabbits were assumed to be worth Abundance existed until 1850, because terests. The resulting change in agency have been used by agencies to make de less per acre than oil, corn, or subdivi there was little worry about supply dur thinking about new and old problems is, cisions, defend their positions, propose sions. Internal audit procedures reinforced ing that period. This period was followed in turn, communicated back to the com innovation, and perceive newly emerging this trend, since it was easier to show by the Era of Exploitation (1850-1900) peting interest groups. Due to the nature issues. Due to the regulatory nature of economic progress from activities that when resource destruction occurred, of the regulatory process, concerns that these organizations, it appears that the destroyed wild I ife habitats than from ac but, at the same time, restrictions to are not represented internally in the dimension of equal distribution takes tivities that restored the amount of living counter preceived destruction were initi agency only enter into the decision precedence in the event of conflict, un space available to wild animals. ated. The next era, Preservation and Pro making process inasmuch as they affect less there is some specific legislative in However, if we are correct in apply duction, lasted from 1900-1935 and was general public relations. External activi tervention. Thus, if a given wildlife issue ing Weaver's model to the evolution of characterized by the advent of many of ty, as attempted through the courts, leg primarily involves questions of equity, wildlife management agencies, Govern our basic principles about conservation. islatures, or other natural-resource bu then the scientific facts pertinent to the ment can expect continued revitaliza During 1935-1970, the Era of Harvest reaus, has had I ittle impact on the inter issue will take a back seat. Conversely, if tion by interest groups which request and Habitat predominated. Multiple-use nal behavior of the agency. Rather, deci the issue does not primarily involve that the social costs involved in enhanc philosophies arose at this time: land was sions tend to be influenced by legis equity, then the scientific basis for de ing the environment (and wildlife in par to provide the "greatest good for the lative hearings with communicators who cisions comes to be emphasized. How ticular) be incorporated into the prices greatest number in the long run." Gilbert are already known to the agencies, and ever, since these two dimensions are of goods and services. In some parts of denoted the next stage as the Era of through exposure to issues brought direct simultaneously present in most deci the United States, this trend has already Technology, Sophistication, and Human ly to independent advisory commissions. sions, the scientific aspect of the prob begun to appear. In Michigan there has Management in which the users of re Because of the special quality of this lem is often used to justify a decision been a longstanding controversy over sources, as well as the resources them process, agency growth between the ma that is based primarily on the goal of in exploration and drilling for oil and gas in selves, became the focus of attention by jor steps has been slow; most changes creased equity. At other times, an agen the Pigeon River Country State Forest managers. He speculated that we were have occurred only when new interest cy may appear to contradict itself by ar because this area has one of the only about to enter another Era of Exploita group concerns come to be internalized guing against scientific fact in the name two populations of elk east of the Mis tion, due to shortcomings in the results within an appropriate agency. of a perceived threat to equity. This or sissippi River. The court decision on this achieved by the policies in force during The differences in agency mission ganizational behavior has evolved chief issue was that (1) drilling should be per this last stage. and interest group sentiment that we ly because of the basic economic fact mitted in the southern part of the forest Although there are some important have seen evolve through time should that an increase in efficiency will reduce only and (2) that biologists should work differences between Gilbert's "eras" not obscure our vision of several impor equity, and vice versa (Okun, 1975). with the oil industry to minimize the nega and the stages of growth discussed in tant elements of continuity. Wildlife The regulatory nature of the wild tive effects on the elk herd. Also, legisla this paper, the similarities are neverthe conservation, during all historical phases, life conservation agencies also explains tion was passed to earmark part of the less clear and merit more discussion. It has been essentially a regulatory pro the close relationship between the hunt royalties gained from profits on the drill has been shown that agency growth has cess. The relevant agencies have shown ing interest groups and Government. It ing operations for the purchase of lands been principally achieved in large steps. certain characteristics in their decision has been shown that this trend originat for wildlife elsewhere in Michigan. In ad These stepwise increments have been making; these include a dependence on !i ed during the 1840's under the influence I dition, the oil company was ordered by achieved by the efforts of particular in principle, independence from other of the philosophy of jacksonian Demo the courts to support agency research terest groups, through direct communi branches of Government, and protection cracy, and that it became institutionaliz on enhancement of wildlife values in the cation with the responsible agencies. of regulated interests. ed under the influence of Teddy Roose 'I State Forest. Resolutions like the above, Major changes in legislative appropria The first of these characteristics ex velt in the early 1900's .. lt is a cliche in based on the principle that the cost of tion for wildlife conservation have oc .i plains why wildlife policy so often be both the wildlife conservation and pub externalities be included in the price of curred most often when interest groups i comes a political issue, despite the pres lic administration literature to argue I oil, may represent a glimpse of things to and agencies have presented a unified ence of a scientific basis for making de that the regulatory process excludes sig come. front in terms of policy, in conjunction with a plan for deriving independent cisions. As discussed above, two separate nificant segments of the public from Conclusions revenue. regulatory principles guide agency deci- participating in Government. According

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to our modification of Stigler's theory, titude that requires modification. A Comments from H. McGiffin, Symposium in 20th Century America. U.S. Fish this is exactly what regulated interests more acceptable attitude would be one Coordinator of the Institute for the and Wild/ Serv Nat/ Tech Serv USDA, Springfield, VA. desire. Government's solution to this prob that emphasizes the wise use of these Study of Animal Problems, broadened lem is to attempt to ensure that the ac resources, and a superior national stan the perspectives of this paper. This arti Kneese, A.W. and C.L. Schultze (1975) tions entailed in the regulatory process dard would concentrate on responsible cle is a contribution of Federal Aid in Pollution, Prices, and Public Policy. The Brookings Institution, Washing be consistent with traditional or emerg and wise use. Wildlife Restoration, Michigan Pittman ton, DC. ing values and customs. This solution The effectiveness of the wildlife Robertson Project W-117-R. should result in greater compliance with related bureaucracy should not be un Leopold, A. (1933) Game Management. References regulation, greater satisfaction arising derestimated. The agencies involved Charles Scribner's Sons, New York, from the increased freedom to utilize have been very successful in doing what Allen, D.L. (1954) Our Wildlife Legacy. NY. natural resources, and greater potential has been mandated to them by citizens Funk and Wagnalls, New York, NY. Okun, A.M. (1975) Equality and Efficiency: for internalizing the demands of old and who vote for legislators, pay tax money Bernstein, M.H. (1955) Regulating Busi The Big Tradeoff. The Brookings In new interest groups. to Government, and provide testimony to ness by Independent Commissions. stitution, Washington, DC. Although this is the correct form of courthouses. For example, there are Princeton University Press, Prince Palmer, T.S. (1902) Legislation for the pro Government behavior for a capitalistic twice as many deer in Michigan alone ton, NJ. tection of birds other than game democracy, questions arise when the ex than the 500,000 found in all of North Cart, T.W. (1971) The struggle for wildlife birds. USDA Bioi Surv Bull, No. 12. pressed will of the people is distorted, America in the early 1900's. Pronghorns, protection in the United States. Palmer, T.S. (1912) Chronology and index juvenile, or potentially destructive. Reg which came close to facing the fate of Thesis, University of Michigan. Uni of American game protection, 1776- ulatory agencies typically have evolved the bison, are now frequently sighted on versity Microfilms, Ann Arbor, MI. 1911. USDA Bioi Surv Bull, No. 41. Schoger, A.W. (1955) The Passenger Pigeon. amid precisely these kinds of conditions western ranges. Many raptor populations Flader, S.L. (1976) Scientific resource and thereby serve to mediate, educate, have been successfully saved from deci management: an historical perspec University of Wisconsin Press, Ma punish, and guide the development of mation by pesticides, and several endan tive. Trans N Am Wild/ Nat Resour dison, WI. human behavior. But there may be a gered species have been restored, and Conf 41:17-30. Stigler, G.J. (1971) The theory of economic regulation. Bell j Econ, Spring, pp. new problem, created by the use of reg even declassified from the endangered Gilbert, D.L. (1971) Natural Resources and 3-21. ulatory tools, i.e., an effect on ethical species list through scientific man Public Relations. The Wildlife Trefethen, J.B. (1961) Crusade for Wildlife: values. Individuals who operate at the agement. Society, Washington, DC. Highlights in Conservation Progress. highest levels of ethical behavior tend to Also, Government's capacity for Graham, E.H. (1947) The Land and Wild The Stackpole Company, Harris make moral decisions on the basis of change in responding to changing public life. Oxford University Press, New burg, PA. their own internal guidelines. In con attitudes should not be underestimated. York, NY. Trefethen, J.B. (1964) Wildlife Manage trast, regulation emphasizes external We have seen that cycles of resource ex Gustafson, A.F., H. Ries, C.H. Guise, and ment and Conservation. D.C. Heath rules, signals, and punishments. So, it is ploitation have been followed by politi W.J. Hamilton, Jr. (1940) Conserva and Company, Boston, MA. possible that individuals may lose- or cal activism, bureau action, a subse tion in the United States. Comstock Weaver, P.H. (1978) Regulation, social never develop- a capacity for making quent backlash reaction, and then more Publishing Co., Inc., Cornell Heights, policy, and class conflict. Pub lnt, internal value judgments under the strict exploitation. These cycles have made Ithaca, NY. Winter, pp. 45-63. control of a regulatory system. change in Government the rule rather Kellert, S.R. and M.O. Westervelt (1981) This dilemma is not simply a prob than the exception. Trends in animal use and perception lem that relates to administrative theo Acknowledgments ry. The research of Kellert and Wester velt (1981) clearly shows that there may The initial ideas for this article be a real conflict between the will of the arose from conversations with M. Bratton people and the appropriate ethical rela of Michigan State University. Suggestions tionships between Americans and wildlife. were contributed by L. Jahn and L. Wil This article has shown that the national liamson of the Wildlife Management In attitude toward wildlife is basically one stitute and J. Berryman of the Interna of uti I itarian ism, and that this attitude tional Association of Fish and Wildlife has been prevalent for the past 75 years. Agencies. I am indebted to P. Friedrich This national norm, that animals are on of the Michigan Department of Natural ly of value if they can be used to fill Resources, and T. Moe of Stanford Uni human needs, is an underlying public at- versity for insights provided in review.

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