Six Biological Reasons Why the Endangered Species Act Doesn't Work—And What to Do About It

Abstract: Law plays an important role in shaping land management decisions. The success of efforts to conserve biodiversity thus depends to a large degree on how well scientific knowledge is translated into public policy. Unfortunately, the Endangered Species Act, the United States's strongest legal tool for conserving bidodiversity, contains serious biological flaws. The statute itself, as well us agency regulations and policies that implement the law include provisions that fail to account accurately for important biological concepts such us ecosystem conservation, patch dynamics, and the probabilistic nature of stochastic threats to a species' persistence. Moreover, the procedures of federal agencies charged with implementing the Endangered Species Act in some cases make it difficult for interested outside reviewers to evaluate the agencies' scientific findings and methodology. However, the Endangered Species Act also gives interested individuals and groups several opportunities to provide input into the process of managing threatened and endangered species. Conservation biologists should practice focused advocacy by taking advantage of such opportunities to steer law in a more biologically sound direction.     

A Regional Perspective on the Diversity and Conservation of Tropical Andean Fishes

Abstract: The tropical Andes harbor an extraordinarily varied concentration of species in a landscape under increasing pressure from human activities. Conservation of the region's native plants and animals has received considerable international attention, but the focus has been on terrestrial biota. The conservation of freshwater fauna, particularly the conservation of fishes, has not been emphasized. Tropical Andean fishes are among the most understudied vertebrates in the world. We estimate that between 400 and 600 fish species inhabit the diverse aquatic environments in the region. Nearly 40% of these species are endemic. Tropical Andean fishes are vulnerable to ongoing environmental changes related to deforestation, water withdrawals, water pollution, species introductions, and hydropower development. Additionally, their distributions and population dynamics may be affected by hydrologic alterations and warmer water temperatures associated with projected climate change. Presently, at least three species are considered extinct, some populations are endangered, and some species are likely to decline or disappear. The long‐term persistence of tropical Andean fishes will depend on greater consideration of freshwater systems in regional conservation initiatives.     

A Critique of the Recovery of Greenback Cutthroat Trout

Abstract: There are no examples of recovery of fish listed under the U.S. Endangered Species Act, but the number of federally threatened greenback cutthroat trout (  Oncorhynchus clarki stomias ) populations is approaching the delisting goal. We evaluated recovery of this subspecies in light of developing theory in conservation biology and with regard to recovery of other salmonids in the inland western United States. Four of the five criteria used to define populations that would count toward delisting appeared to underestimate the risk of extinction of those populations. Typically, recovery goals for numbers of greenback cutthroat trout populations were less stringent than those for other inland salmonids petitioned for listing or listed as threatened under the Endangered Species Act and were comparable to those for a federally endangered species. Before delisting is considered, we propose that historical populations be replicated in additional waters to protect genetic diversity and that existing populations be enlarged to reduce their vulnerability to demographic variation, to increase their access to refugia, and to permit reestablishment of mobile life histories. Existing stocks should also be evaluated to determine whether they represent distinct population segments.     

A simple economic model of endangered species preservation in the United States

Concern for the acceleration in threats to species diversity in the United States led to the passage of the Endangered Species Act of 1973. In this paper, this legislation is examined in an economic context. A simple model is developed where management and constraints on economic activity are substitutes in the production of species stocks. Whether economic growth constraints (the primary policy tool of the 1973 Act) are justified for preservation purposes depends on technical substitution possibilities, relative cost ratios, and the existence of budget constraints for species management. Since the same combination of these factors will not occur for all species, it is argued that more flexibility in endangered species policy may preserve the same levels of species stocks at lower costs to society.     

Developing a Criterion for Delisting the Southern Sea Otter under the U.S. Endangered Species Act

Recent surveys of recovery plans indicate that criteria, such as population sizes, for delisting species from the U.S. Endangered Species Act (ESA) are often unrealistically low by scientific standards. We describe the delisting criterion for the threatened southern sea otter (Enhydra lutris nereis) developed by the Southern Sea Otter Recovery Team. A major oil spill is the most serious threat to this sea otter population. After extensive modeling of oil spills, the recovery team concluded that it was not scientifically defensible to develop a delisting criterion in terms of a single probability of extinction over a specified time period. Instead, the team decided to define a size at which it would consider the population endangered and to consider the population threatened as long as a major oil spill might reduce it to that size. The effective population size (N_e) for endangered status was set at 500, estimated to be about 1850 otters. Using a spill the size of the Exxon Valdez spill (250,000 bbl), the oil spill model was iterated to generate a frequency distribution of the number of sea otters contacted by oil, from which the team estimated that less than 800 otters would be killed by 90% of the simulated spills. Thus, the delisting criterion was set at 1850 + 800 = 2650 individuals. There have been several proposals to improve the Endangered Species Act by providing quantitative guidance, in the form of specific probabilities of extinction within some time frame or specific criteria like those used by the World Conservation Union as to the levels of extinction risk represented by the terms "threatened" and "endangered." Experiences of the Sea Otter Recovery Team indicate that guidelines should not be overly rigid and should allow flexibility for dealing with specific situations. The most important consideration is to appoint a recovery team that is both technically well qualified and unconstrained by pressures from management agencies.     

The Normative Dimension and Legal Meaning of Endangered and Recovery in the U.S. Endangered Species Act

Abstract:  The ethical, legal, and social significance of the U.S. Endangered Species Act of 1973 (ESA) is widely appreciated. Much of the significance of the act arises from the legal definitions that the act provides for the terms threatened species and endangered species. The meanings of these terms are important because they give legal meaning to the concept of a recovered species. Unfortunately, the meanings of these terms are often misapprehended and rarely subjected to formal analysis. We analyzed the legal meaning of recovered species and illustrate key points with details from "recovery" efforts for the gray wolf ( Canis lupus ). We focused on interpreting the phrase "significant portion of its range," which is part of the legal definition of endangered species. We argue that recovery and endangerment entail a fundamentally normative dimension (i.e., specifying conditions of endangerment) and a fundamentally scientific dimension (i.e., determining whether a species meets the conditions of endangerment). Specifying conditions for endangerment is largely normative because it judges risks of extinction to be either acceptable or unacceptable. Like many other laws that specify what is unacceptable, the ESA largely specifies the conditions that constitute unacceptable extinction risk. The ESA specifies unacceptable risks of extinction by defining endangered species in terms of the portion of a species' range over which a species is "in danger of extinction." Our analysis indicated that (1) legal recovery entails much more than the scientific notion of population viability, (2) most efforts to recover endangered species are grossly inadequate, and (3) many unlisted species meet the legal definition of an endangered or threatened species.     

Correlates of Population Recovery Goals in Endangered Birds

Abstract: Endangered species recovery plans commonly set goals for population size that are used to define the success of recovery efforts. We examined variation in these population recovery goals for bird species listed under the U. S. Endangered Species Act to determine whether there were simple predictors of recovery population size. The median population sizes that must be met for a species to be removed from the list or downlisted to the threatened category are 4000 and 1500 respectively, but the thresholds varied considerably. Most variation in population recovery goals ( ≥75%) was explained by the population size when the recovery plan was written. Species listed when their population's size was relatively large have higher population recovery goals, whereas those listed when populations were small have lower population goals. Population sizes set for recovery also increased over time and were higher for species listed throughout the United States rather than for part of the country. In combination, these three variables explained 86% of the variance in population goals for delisting and 94% of the variance in goals for downlisting. Body mass, annual fecundity, maximum lifespan, whether the population was listed as threatened or endangered, and whether a formal population viability analysis was conducted were variables not significantly associated with population recovery goals. Thus, we found that variables relating to the circumstances under which the populations were listed could explain almost all of the variance in recovery population goals, and that biological traits of the endangered birds explained little of the variance.     

Property Rights Case Law and the Challenge to the Endangered Species Act

Congress is poised to initiate what could be a lengthy debate over the U.S. Endangered Species Act. In anticipation, proponents of strong Fifth Amendment private property rights guarantees have begun an aggressive campaign pitting those rights against those granted other species in the Act. Little case law exists that considers both property rights and wildlife protection, but inference can be drawn from Supreme Court opinions regarding property rights which may provide insight into likely judicial contributions to resolving tension between property rights and endangered species. We review key legislative history, provisions of the Endangered Species Act, relevant case law, and the implications of recent judicial trends that pertain to property and imperiled species. We then make recommendations that may improve implementation of this critical piece of environmental legislation.     

Quantitative Determination of Rarity of Freshwater Fishes and Implications for Imperiled‐Species Designations

Abstract: Conserving rare species and protecting biodiversity and ecosystem functioning depends on sound information on the nature of rarity. Rarity is multidimensional and has a variety of definitions, which presents the need for a quantitative classification scheme with which to categorize species as rare or common. We constructed such a classification for North American freshwater fishes to better describe rarity in fishes and provide researchers and managers with a tool to streamline conservation efforts. We used data on range extents, habitat specificities, and local population sizes of North American freshwater fishes and a variety of quantitative methods and statistical decision criteria, including quantile regression and a cost‐function algorithm to determine thresholds for categorizing a species as rare or common. Species fell into eight groups that conform to an established framework for rarity. Fishes listed by the American Fisheries Society (AFS) as endangered, threatened, or vulnerable were most often rare because their local population sizes were low, ranges were small, and they had specific habitat needs, in that order, whereas unlisted species were most often considered common on the basis of these three factors. Species with large ranges generally had few specific habitat needs, whereas those with small ranges tended to have narrow habitat specificities. We identified 30 species not designated as imperiled by AFS that were rare along all dimensions of rarity and may warrant further study or protection, and we found three designated species that were common along all dimensions and may require a review of their imperilment status. Our approach could be applied to other taxa to aid conservation decisions and serve as a useful tool for future revisions of listings of fish species.     

Quantifying Rarity, Losses, and Risks for Native Fishes of the Lower Colorado River Basin: Implications for Conservation Listing

Abstract:  We examined spatial distributions of fishes native to the lower basin of the Colorado River (25 species) at three scales to determine percent decline from historical distributions based on a regional biodiversity database. We cumulated records from 1843 to 1980 to develop a "historical distribution" for each species and used those occurrences recorded from 1981 to 1998 as "modern" records. We then contrasted historical and modern distributions to (1) quantify losses in spatial distribution; (2) determine how strongly these losses and fragmentation patterns corresponded to the perceived risk of extinction of each species, as represented by its status under the IUCN Red List of Endangered Species; and (3) update extinction risk rankings for 15 fishes endemic to the lower Colorado Basin according to the IUCN criteria. Based on presence and absence data, fish fauna of the lower Colorado Basin have suffered massive distributional losses. On average, ranges of extant species have diminished more than 45% relative to their historical distribution, and 35% of species have lost 50% or more of their occurrences. We provide nine new IUCN rankings and six updates to reflect more accurately the heightened imperilment of these species. Based on our new rankings, 7 of the 15 lower Colorado Basin endemics are critically endangered, 1 is endangered, 2 are vulnerable, and 1 is already extinct. We categorize the remaining 2 endemics as lower risk. This work demonstrates the utility of matching quantitative spatial metrics such as the scale-area slope statistic to extinction risk criteria for species whose persistence is strongly influenced by spatial distribution.     

Conservation of the Biodiversity of Brazil's Inland Waters

Abstract:  In terms of biodiversity, Brazilian inland waters are of enormous global significance for Algae (25% of the world's species), Porifera (Demospongiae, 33%), Rotifera (25%), Cladocera (Branchiopoda, 20%), and fishes (21%). Threatened freshwater species include 44 species of invertebrates (mostly Porifera) and 134 fishes (mostly Cyprinodontiformes, Rivulidae), primarily distributed in south and southeastern Brazil. Reasons for the declines in biodiversity in Brazilian inland waters include pollution and eutrophication, siltation, impoundments and flood control, fisheries, and species introductions. These problems are more conspicuous in the more-developed regions. The majority of protected areas in Brazil have been created for terrestrial fauna and flora, but they also protect significant water bodies and wetlands. As a result, although very poorly documented, these areas are of great importance for aquatic species. A major and pressing challenge is the assessment of the freshwater biodiversity in protected areas and surveys to better understand the diversity and geography of freshwater species in Brazil. The concept of umbrella species (e.g., certain migratory fishes) would be beneficial for the protection of aquatic biodiversity and habitats. The conservation and improved management of river corridors and associated floodplains and the maintenance of their hydrological integrity is fundamental to preserving Brazil's freshwater biodiversity and the health of its aquatic resources.     

Biological Integrity and the Goal of Environmental Legislation: Lessons for Conservation Biology

Abstract: Passage of environmental legislation often creates a state of euphoria among supporters such that implementation programs are not rigorously evaluated Endangered species and water resource legislation are two examples of sound environmental legislation with major weaknesses in their implementation. Regulations to implement the US. Clean Water Act, for example, emphasize water quality (physical and chemical properties of water) by calling for uniform standards for contaminants rather than the broader goal of improving the quality of water resources. As a result, improvements in the quality of water resource quality have been limited despite massive expenditures. Natural resource agencies' narrow emphasis on harvested and threatened and endangered species has similar consequences. Unless a comprehensive and rigorous definition of the goals of biodiversity legislation is developed and adhered to by regulatory agencies, efforts to implement biodiversity legislation could lead to similar problems. Protection of biodiversity should be considered a subset of the need to protect the biological integrity of natural resource systems and the ecological health of the biosphere. Programs to protect biodiversity should reflect that more holistic goal and include provisions for evaluating success at attaining stated goals and for making midcourse adjustments in programs when resources are not being adequately protected.     

Biodiversity Conservation and Indigenous Land Management in the Era of Self‐Determination

Abstract: Indigenous people inhabit approximately 85% of areas designated for biodiversity conservation worldwide. They also continue to struggle for recognition and preservation of cultural identities, lifestyles, and livelihoods—a struggle contingent on control and protection of traditional lands and associated natural resources (hereafter, self‐determination). Indigenous lands and the biodiversity they support are increasingly threatened because of human population growth and per capita consumption. Application of the Endangered Species Act (ESA) to tribal lands in the United States provides a rich example of the articulation between biodiversity conservation and indigenous peoples' struggle for self‐determination. We found a paradoxical relationship whereby tribal governments are simultaneously and contradictorily sovereign nations; yet their communities depend on the U.S. government for protection through the federal‐trust doctrine. The unique legal status of tribal lands, their importance for conserving federally protected species, and federal environmental regulations' failure to define applicability to tribal lands creates conflict between tribal sovereignty, self‐determination, and constitutional authority. We reviewed Secretarial Order 3206, the U.S. policy on “American Indian tribal rights, federal–tribal trust responsibilities, and the ESA,” and evaluated how it influences ESA implementation on tribal lands. We found improved biodiversity conservation and tribal self‐determination requires revision of the fiduciary relationship between the federal government and the tribes to establish clear, legal definitions regarding land rights, applicability of environmental laws, and financial responsibilities. Such actions will allow provision of adequate funding and training to tribal leaders and resource managers, government agency personnel responsible for biodiversity conservation and land management, and environmental policy makers. Increased capacity, cooperation, and knowledge transfer among tribes and conservationists will improve biodiversity conservation and indigenous self‐determination.     

Effects of Cattle Grazing on Diversity in Ephemeral Wetlands

Abstract:  Cattle are usually thought of as a threat to biodiversity. In regions threatened by exotic species invasion and lacking native wild grazers, however, cattle may produce the type of disturbance that helps maintain diverse communities. Across 72 vernal pools, I examined the effect of different grazing treatments (ungrazed, continuously grazed, wet-season grazed and dry-season grazed) on vernal-pool plant and aquatic faunal diversity in the Central Valley of California. After 3 years of treatment, ungrazed pools had 88% higher cover of exotic annual grasses and 47% lower relative cover of native species than pools grazed at historical levels (continuously grazed). Species richness of native plants declined by 25% and aquatic invertebrate richness was 28% lower in the ungrazed compared with the continuously grazed treatments. Release from grazing reduced pool inundation period by 50 to 80%, making it difficult for some vernal-pool endemic species to complete their life cycle. My results show that one should not assume livestock and ranching operations are necessarily damaging to native communities. In my central California study site, grazing helped maintain native plant and aquatic diversity in vernal pools.     

Combined effects of life-history traits and human impact on extinction risk of freshwater megafauna

Megafauna species are intrinsically vulnerable to human impact. Freshwater megafauna (i.e., freshwater animals ≥30 kg, including fishes, mammals, reptiles, and amphibians) are subject to intensive and increasing threats. Thirty-four species are listed as critically endangered on the International Union for Conservation of Nature (IUCN). Red List of Threatened Species, the assessments for which are an important basis for conservation actions but remain incomplete for 49 (24%) freshwater megafauna species. Consequently, the window of opportunity for protecting these species could be missed. Identifying the factors that predispose freshwater megafauna to extinction can help predict their extinction risk and facilitate more effective and proactive conservation actions. Thus, we collated 8 life-history traits for 206 freshwater megafauna species. We used generalized linear mixed models to examine the relationships between extinction risk based on the IUCN Red List categories and the combined effect of multiple traits, as well as the effect of human impact on these relationships for 157 classified species. The most parsimonious model included human impact and traits related to species’ recovery potential including life span, age at maturity, and fecundity. Applying the most parsimonious model to 49 unclassified species predicted that 17 of them are threatened. Accounting for model predictions together with IUCN Red List assessments, 50% of all freshwater megafauna species are considered threatened. The Amazon and Yangtze basins emerged as global diversity hotspots of threatened freshwater megafauna, in addition to existing hotspots, including the Ganges-Brahmaputra and Mekong basins and the Caspian Sea region. Assessment and monitoring of those species predicted to be threatened are needed, especially in the Amazon and Yangtze basins. Investigation of life-history traits and trends in population and distribution, regulation of overexploitation, maintaining river connectivity, implementing protected areas focusing on freshwater ecosystems, and integrated basin management are required to protect threatened freshwater megafauna in diversity hotspots.     

Improving Peer Review of Listings and Recovery Plans under the Endangered Species Act

Abstract: We discuss several challenges encountered in peer review of Endangered Species Act listings and recovery plans, with particular attention to Meffe et al.'s (1998) statement on independent scientific review in natural resource management. First, Endangered Species Act listing documents and recovery plans pose a diverse array of scientific questions, and we suggest that overall effectiveness of peer review may be increased by segregating the critical issues and identifying specific reviewers for each issue. Some scientific reviewers may be unfamiliar with the decision standards prescribed by the Endangered Species Act and implementing policies. Unnecessary confusion could be prevented by providing reviewers with information about these standards and by requesting that reviewers clearly differentiate their assessment of decisions that must be based on available information from recommendations for future research. Short review periods constitute another constraint on careful review, but tight deadlines are fairly intractable in the context of the Endangered Species Act. We suggest that short time frames could be partially ameliorated by narrowing the scope of issues to be treated by each reviewer, and we discuss the issue of providing monetary compensation for efficient review. Finally, Endangered Species Act listing decisions and recovery planning may profit from more frequent peer review of intermediate analyses that precede publication of formal proposals or complete plans.     

Status of Species Conservation Banking in the United States

Abstract:  Receiving financial gains for protecting habitat may be necessary to proactively protect endangered species in the United States. Species conservation banking, the creation and trading of "credits" that represent biodiversity values on private land, is nearly a decade old. We detail the biological, financial, and political experience of conservation banking in the United States. We contacted agencies, nongovernmental organizations, and bank owners and compiled comprehensive accounts of the experiences of current banks. There are 76 properties identified as conservation banks in the United States, but only 35 of these are established under a conservation banking agreement approved by the U.S. Fish and Wildlife Service (USFWS). The 35 official conservation banks cumulatively cover 15,987 ha and shelter a range of biodiversity, including more than 22 species listed under the U.S. Endangered Species Act. Financial motives drove the establishment of 91% of conservation banks, and the majority of for-profit banks are breaking even or making money. With credit prices ranging from $3,000 to $125,000/0.41 ha (1 acre), banking agreements offer financial incentives that compete with development and provide a business-based argument for conserving habitat. Although the bureaucracy of establishing an agreement with the USFWS was burdensome, 63% of bank owners reported they would set up another agreement given the appropriate opportunity. Increasing information sharing, decreasing the time to establish agreements (currently averaging 2.18 years), and reducing bureaucratic challenges can further increase the amount of private property voluntarily committed to banking. Although many ecological uncertainties remain, conservation banking offers at least a partial solution to the conservation versus development conflict over biodiversity.     

Critique of the Evolutionarily Significant Unit as a Definition for "Distinct Population Segments" under the U.S. Endangered Species Act

The U.S. Endangered Species Act grants protection to species, subspecies, and "distinct population segments" of vertebrate species. Historically, Congress included distinct population segments into endangered species legislation to enable the U.S. Fish and Wildlife Service to implement a flexible and pragmatic approach in listing populations of vertebrate species. Recently, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed a policy that would narrowly define distinct population segments as evolutionarily significant units based on morphological and genetic distinctiveness between populations. Historically, the power to list species or populations as distinct population segments has been used to tailor management practices to unique circumstances; grant varied levels of protection in different parts of a species' range; protect species from extinction in significant portions of their ranges as well as to protect populations that are unique evolutionary entities. A strict redefinition of distinct population segments as evolutionarily significant units will compromise management efforts because the role of demographic and behavioral data will be reduced. Furthermore, strictly cultural, economic, or geographic justifications for listing populations as threatened or endangered will be greatly curtailed.     

A Freshwater Classification Approach for Biodiversity Conservation Planning

Abstract:  Freshwater biodiversity is highly endangered and faces increasing threats worldwide. To be complete, regional plans that identify critical areas for conservation must capture representative components of freshwater biodiversity as well as rare and endangered species. We present a spatially hierarchical approach to classify freshwater systems to create a coarse filter to capture representative freshwater biodiversity in regional conservation plans. The classification framework has four levels that we described using abiotic factors within a zoogeographic context and mapped in a geographic information system. Methods to classify and map units are flexible and can be automated where high-quality spatial data exist, or can be manually developed where such data are not available. Products include a spatially comprehensive inventory of mapped and classified units that can be used remotely to characterize regional patterns of aquatic ecosystems. We provide examples of classification procedures in data-rich and data-poor regions from the Columbia River Basin in the Pacific Northwest of North America and the upper Paraguay River in central South America. The approach, which has been applied in North, Central, and South America, provides a relatively rapid and pragmatic way to account for representative freshwater biodiversity at scales appropriate to regional assessments.     

Developing Classification Criteria under the U.S. Endangered Species Act: Bowhead Whales as a Case Study

Abstract: Under the U.S. Endangered Species Act, a species is classified as endangered, threatened, or recovered based on the extent to which its survival is affected by one or more of five subjective factors. A key criticism of the act is that it makes no reference to quantitative or even qualitative parameters of what constitutes "danger of extinction." Without objective standards to guide decisionmakers, classification decisions fall prey to political and social influences. We recommend the development of species-specific, status-determining criteria as a means to rationalize and expedite the listing process and reclassification decisions, independent of the requirement for delisting criteria in recovery plans. Such criteria should (1) clearly define levels of vulnerability, (2) identify gaps in information on life-history parameters, and (3) address uncertainty in existing data. As a case study, we developed preliminary criteria for bowhead whales (    Balaena mysticetus ). Thresholds for endangered and threatened status were based on World Conservation Union ( IUCN) Red List criteria and population viability analyses. Our analysis indicates that particular attention must be focused on population structure within the species to appropriately classify the degree to which one or more components of a species are vulnerable to extinction. A similar approach could be used in the classification of other species. According to our application of the IUCN criteria and those developed for similar species by Gerber and DeMaster (1999) , the Bering Sea population of bowhead whales should be delisted, whereas the other four populations of bowheads should continue to be considered endangered.