The Fish and Wildlife Conservation Act (“Act”) is federal legislation declaring that fish and wildlife are of ecological, educational, esthetic, cultural, recreational, economic, and scientific value to the nation.  The Act is commonly known as the Non Game Act.  The Act provides provisions for the conservation and management of non-game fish and wildlife[i].  The term fish and wildlife means wild vertebrate animals that are in an unconfined state, including but not limited to nongame fish and wildlife[ii].  Pursuant to 16 USCS § 2902, the term “nongame fish and wildlife” means wild vertebrate animals that are in an unconfined state and that:

• are not ordinarily taken for sport, fur, or food, except that if under applicable State law, any of such animals may be taken for sport, fur, or food in some, but not all, areas of the state, any of such animals within any area of the state in which such taking is not permitted may be deemed to be nongame fish and wildlife;
• are not listed as endangered species or threatened species under the Endangered Species Act of 1973. 

The following are the main purposes of the Act[iii]:

• To encourage all federal departments and agencies to conserve and to promote conservation of non-game fish and wildlife and their habitats, and
• To provide financial and technical assistance to states to conduct inventories and conservation plans for conservation of non-game wildlife.

The Act mandates federal states to make conservation plans that determine the size of animal populations and the condition of their environments.  A state should also make a conservation plan that provides for an inventory of the nongame fish and wildlife, and such other fish and wildlife as the designated state agency deems appropriate, that are within the state and are valued for ecological, educational, esthetic, cultural, recreational, economic, or scientific benefits by the public.  Pursuant to 16 USCS § 2903, the conservation plan for any state must:

• determine those actions which should be taken to conserve the plan species and their significant habitats;
• provide for the monitoring, on a regular basis, of the plan species and the effectiveness of the conservation actions;
• provide for plan review and revision, if appropriate, at intervals of not more than 3 years;
• ensure that the public is being given opportunity to make its views known and considered during the development, revision, and implementation of the plan; and
• provide that the designated state agency consult, as appropriate, with federal agencies and other state agencies during the development, revision, and implementation of the plan in order to minimize duplication of efforts and to ensure that the best information is available to all such agencies. 

The Act authorizes the Director of the U.S. Fish and Wildlife Service to conduct a comprehensive study to determine the most equitable and effective mechanism for funding State conservation plans and actions under this Act[iv]. Nevertheless, the Secretary of Interior is authorized under this Act to undertake research and conservation activities, in coordination with other federal, State, international, and private organizations in order to conserve migratory nongame birds under existing authorities provided by the Migratory Bird Treaty Act and Migratory Bird Conservation Act[v].  The Act also provides for the following conservation activities that include:

• monitoring and assessing population trends and status of species, subspecies, and populations of all migratory nongame birds;
• identifying the effects of environmental changes and human activities on species, subspecies, and populations of all migratory nongame birds;
• identifying species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act of 1973;
• identifying lands and waters in the U.S. and other nations in the Western Hemisphere whose protection, management, or acquisition will foster the conservation of species, subspecies, and populations of migratory nongame birds.

 [i] Vt. Pub. Interest Research Group v. United States Fish & Wildlife Serv., 247 F. Supp. 2d 495 (D. Vt. 2002).

[ii] 16 USCS § 2902.

[iii] 16 USCS § 2901.

[iv] 16 USCS § 2911.

[v] 16 USCS § 2912.