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293 After more than two centuries of being considered wastelands and sites in need of “reclamation,” wetlands are now recognized as valuable natural resources that must be conserved. Wetland conservation involves a combination of efforts that result in protecting, enhancing, restoring, and creating wetlands. Tidal wetlands were the first wetlands to receive protection through state regulations. Since the 1950s and 1960s, the status of coastal wetlands in the United States has greatly improved due to environmental laws, regulations, policies, expanded wetland acquisition, increased public awareness and participation in conservation, and more recently to wetland restoration initiatives (see Table 9.1 for timeline of important events in tidal wetland conservation ). In the past two decades, Canada’s tidal wetlands have been receiving more attention from the regulatory perspective. Federal and state/provincial governments of the United States and Canada strive to have native peoples, nongovernmental organizations , industries, local communities, and the general public participate in their wetland conservation, environmental education, and public outreach efforts. In this chapter I briefly describe tidal wetland protection through acquisition, regulation, and government policies as well as describing wetland­ management for wildlife and mosquito control, with emphasis on activities in the United States (for more information visit agency websites). In later chapters I address 9 Tidal Wetland Conservation and Management other aspects of wetland conservation including wetland identification, delineation, functional assessment, restoration, creation, and monitoring. Public Trust Doctrine The public trust doctrine has a long history dating back to Roman times. Under Roman law, the air, the rivers, the seas, and the seashores were not capable of being owned by private parties. They were public resources to which everyone had right of access. In Colonial times, America’s coastal waters and their adjacent tidelands were recognized as important public resources in accordance with the public trust doctrine of English law. When the Magna Carta of 1215 was signed, British tidal marshes became common property as the King of England could no longer grant private use of these wetlands. In 1667, tidal marshes were reinstated as the King’s property but with the condition that they be held in trust for the good of the people (Kavenagh 1980). The public trust doctrine meant that while the Crown held transferable title to such lands, the public had the right to navigate, fish, and hunt fowl in these areas. Even when such lands were granted to private individuals, there was a presumption of priority given to public usage. For example, when the Massachusetts Bay Colony in the mid-1600s issued title to tidal lands to individuals for private wharf construction Table 9.1. Timeline of numerous significant events impacting tidal wetland conservation Date Event 1849–1860 Swamp Lands Act gave land to 15 states (excluding the original 13 states) to be drained and reclaimed (LA, AL, AR, CA, FL, IL, IN, IA, MI, MS, MO, OH, WI, MN, and OR), and thereby promoted destruction of tidal wetlands. 1899 Rivers and Harbors Act enacted giving U.S. Army Corps of Engineers responsibility for regulating dredging, filling and construction of structures in navigable waters. (Note: Although not originally used to conserve wetlands, it later became the first federal legal instrument for preventing dredging and filling of tidal wetlands.) 1903 President Theodore Roosevelt issued an executive order to establish Pelican Island (FL) as the “first national bird reservation;” over 50 more reservations were authorized similarly by 1909. 1929 Migratory Bird Conservation Act authorized acquisition of wetlands for waterfowl habitat (no funding provided). 1933 President Franklin D. Roosevelt established the Civilian Conservation Corps to help relieve unemployment caused by the Great Depression, putting young men to work on restoring the nation’s natural resources through public works (e.g., forestry, soil erosion control, flood control, and other projects); unfortunately for tidal wetlands, one of the major public work projects involved ditching of salt marshes for mosquito control. 1934 Migratory Bird Hunting Stamp Act required hunters to purchase a duck stamp for waterfowl hunting annually, and revenues were dedicated to purchase or lease waterfowl habitat (including wetlands). Fish and Wildlife Coordination Act required federal agencies (Agriculture and Commerce) to provide technical assistance to states and other federal agencies to protect and increase game and fur-bearing animals and to study the effects of pollution on wildlife resources. (Note: This act was later amended to require that federal regulatory agencies consult with federal and state fish and wildlife agencies on the impact of proposed work in wetlands. See 1946.) 1946 Fish and Wildlife Coordination Act...

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