Florida Fish and Wildlife Conservation Commission (FWC) staff recently conducted a two-day workshop to explore the public trust doctrine (PTD) and what it means to the agency. The Public Trust Doctrine is the principle that wildlife resources are owned by no one and are to be held in trust by government for the benefit of present and future generations. It is one of the keystones of the North American Model of Wildlife Conservation.

According to workshop organizer Ann Forstchen, FWC Human Dimensions Coordinator, one objective of the workshop was to create a common understanding of the PTD and how it is interpreted and applied in Florida. The session was also designed to examine the roles and responsibilities of FWC staff, stakeholders and others, and to explore the challenges for the future of the PTD. Desired outcomes of the workshop included an educational strategy and a variety of products to communicate the importance of the PTD to different internal and external audiences.

The workshop was funded under the State Wildlife Grants program and moderated by Dr. Dan Decker of Cornell University. Dr. John Organ, co-author of the recent Wildlife Society review of the PTD, the Wildlife Management Institute's Western Regional Representative Chris Smith, and two attorneys with the FWC with extensive background in PTD issues, Kelly Samek and Michael Yaun, provided expertise on the PTD.

Participants in the workshop were selected from a broad spectrum of program areas in the agency. In addition to FWC staff, participants included Dr. Bernd Blossey and PhD. candidate Darragh Hare from Cornell University and Michael Spencer from the Georgia Department of Natural Resources. Forstchen said, "Having staff from various levels, divisions/offices, and perspectives within the agency and visitors from outside contributed to the effectiveness of the workshop."

The session began with an overview of the PTD. This legal and philosophical concept dates from ancient Roman law. It came to the United States via English common law and was first articulated here by U.S. Supreme Court Justice Taney in the 1842 case, Martin v. Waddell. Subsequent Supreme Court rulings firmly embedded the PTD in U.S. law. Several states codified the PTD in their constitutions or statutes. Under Florida's Constitution, the FWC is charged with fulfilling the public trust duties for wild animal life and fresh water aquatic life and to some degree for marine life.

The importance of the PTD to conservation in North America is hard to overstate. In essence, the PTD holds that certain natural resources including water, fish and wildlife are held "in trust" by the government for the benefit of all citizens, including those of future generations. As explained by attorney Yaun, "In the legal context, a ?trust' is a relationship between two parties, in which each has responsibilities." As "trustees" governments manage, conserve and allocate natural resources to the public "beneficiaries." This means that the work of the FWC is done not on behalf of fish and wildlife, per se, but for the benefit of present and future citizens of Florida.

Next, the participants brainstormed the degree to which FWC's programs and actions are consistent with the PTD as well as areas that may not be. The outcome of this session will provide a starting point for further discussions about how to ensure that all of the agency's programs are fulfilling the PTD. ?On the second day, participants discussed how the PTD affects the way FWC staff think about, speak about and go about their jobs. ?The consensus was that not many staff members understand the implications of the PTD. The group agreed it was important to communicate information about the PTD because it provides a foundation for FWC's programs and clarifies the responsibilities of the agency to the public.

A number of other key insights surfaced at the workshop. One of these was that state fish and wildlife agencies generally lack jurisdiction over several key aspects of the "public trust" such as water use or quality and land use that affect the habitat upon which all wildlife is dependent. Thus, fish and wildlife agencies must inform other agencies about the PTD and work collaboratively with them to fulfill the overall responsibilities of government.

Another insight was that some state fish and wildlife agencies do not address their obligations under the PTD to manage all wild life and to serve all the public. Rather than viewing the broad mandate of the PTD as a threat to traditional agency programs, states have the opportunity to embrace the PTD as the basis for expanding public and financial support for essential conservation efforts.

Results of the workshop will be used to communicate the importance of the PTD within FWC and to external audiences. Participants are developing a white paper for use in peer-led internal discussion groups within FWC. Forstchen said, "All staff who participated were energized and excited about figuring out how to continue the discussions and initiate conversations with other staff who didn't participate in the workshop." In addition, the workshop organizers and WMI plan to develop materials and a National Conservation Needs statement to support expansion of discussion about the PTD to other state agencies.

For further information about the workshop or follow-up efforts, contact Ann Forstchen with the FWC or Chris Smith with WMI. (cs)