Cooperation or conflict? Interagency relationships and the future of biodiversity for US parks and forests

Cooperation between the United States Department of Agriculture (USDA) Forest Service and the United States Department of Interior (USDI) National Park Service is most often advocated to protect biological diversity on national forests and parks, but the agencies, so far, have done little to implement the biodiversity mandates of such laws as the Endangered Species Act and the National Forest Management Act. The ideological and political history of the Forest Service and Park Service is explored to determine the roots of interagency conflicts. Several recent models of cooperative reform are also critiqued and found to be insufficient to stimulate better working relationships. To protect biodiversity, cooperation must be framed within conservation biology and must place primary emphasis on ecosystem patterns and processes as well as on individual species. Increased education of agency managers, ecosystem-level research, local and regional public participation, scientific oversight committees, new legislation, and enlightened leadership also play important roles. Ultimately, management policies must be reframed within a context of ecocentric values.     

Environmental Harm: Political not Biological

In their fine paper, Evans et al. (2009) discuss the proposition that invasive non-native species (INS) are harmful. The question to ask is, “Harmful to whom?” Pathogens that make people sick and pests that damage their property—crops, for example—cause harms of kinds long understood in common law and recognized by public agencies. The concept of “harm to the environment,” in contrast, has no standing in common law or legislation, no meaning for any empirical science, and no basis in a political consensus other than might be drawn from the Endangered Species Act. As a generalization, the proposition that INS cause “environmental harm”—since this concept is empty of legal, scientific, and political meaning—must rest on definition, diktat, or diatribe. As Evans et al. suggest, however, the idea of “harm to the environment” is not always and certainly need not be arbitrary; it might gather significance in the context of a particular place through a political process that weighs economic concerns with cultural, religious, aesthetic, and other relevant beliefs, practices, and commitments that people who care about that place present. It is not clear, however, that adaptive management, which Evens et al. propose, will provide that democratic political process.     

Landscape Equivalency Analysis: Methodology for Estimating Spatially Explicit Biodiversity Credits

We propose a biodiversity credit system for trading endangered species habitat designed to minimize and reverse the negative effects of habitat loss and fragmentation, the leading cause of species endangerment in the United States. Given the increasing demand for land, approaches that explicitly balance economic goals against conservation goals are required. The Endangered Species Act balances these conflicts based on the cost to replace habitat. Conservation banking is a means to manage this balance, and we argue for its use to mitigate the effects of habitat fragmentation. Mitigating the effects of land development on biodiversity requires decisions that recognize regional ecological effects resulting from local economic decisions. We propose Landscape Equivalency Analysis (LEA), a landscape-scale approach similar to HEA, as an accounting system to calculate conservation banking credits so that habitat trades do not exacerbate regional ecological effects of local decisions. Credits purchased by public agencies or NGOs for purposes other than mitigating a take create a net investment in natural capital leading to habitat defragmentation. Credits calculated by LEA use metapopulation genetic theory to estimate sustainability criteria against which all trades are judged. The approach is rooted in well-accepted ecological, evolutionary, and economic theory, which helps compensate for the degree of uncertainty regarding the effects of habitat loss and fragmentation on endangered species. LEA requires application of greater scientific rigor than typically applied to endangered species management on private lands but provides an objective, conceptually sound basis for achieving the often conflicting goals of economic efficiency and long-term ecological sustainability.     

FEDERAL SUBSIDY OF IRRIGATION DEVELOPMENT1

ABSTRACT: The Congress of the United States has been concerned about public lands from the earliest days of this republic. The importance of irrigation on these public lands was explicitly noted with enactment of the Carey Act of 1884. This was reinforced with the passage in 1902 of “An Act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands.” This Act further specified that land so irrigated would be entered under the provisions of the Homestead Laws and developed in units of not less than 40 nor more than 160 acres. The enforcement of the 160 acre limitation has been reinforced by several recent lawsuits. These have reaffirmed the provisions of the Reclamation Law requiring owners receiving water from Federal projects to sell land in excess of 160 acres. While there have been Federal subsidies involved in the development of irrigation in the western states, the total amount of the subsidies are insignificant compared to the total Federal budget and the size of subsidies under other Federal programs. Thus, the real question in enforcing the 160 acre limitation may well be one of land reform rather than the distribution of Federal subsidies.     

Multiple Species Habitat Conservation Planning: Goals and Strategies of Local Governments

Drawing from experiences gained from the development and implementation of four approved habitat conservation plans (HCPs), I describe the goals and strategies used by the nine local government members of the Riverside County Habitat Conservation Agency (RCHCA) to reconcile conflicts among a rapidly growing population and the need to conserve the habitat of a number of declining wildlife species in western Riverside County, California. Several important goals have been pursued by RCHCA member governments in their sponsorship of multiple-species habitat conservation plans (MSHCPs), including (1) establishing certainty and control over future uses of land; (2) eliminating project-by-project negotiations with federal and state wildlife agencies; (3) coordinating mitigation obligations under the Endangered Species Act, Clean Water Act, California Environmental Quality Act, and other federal and state laws; (4) reducing conflict and litigation resulting from land development activities; and (5) ensuring that wildlife conservation activities are conducted in a manner that permits local governments to perform those functions necessary to maintain public health, safety, and welfare. I also describe the emergence of strategies by local governments to achieve MSHCP goals, including (1) use of an inclusive planning process that seeks to build consensus among affected interests; (2) extensive involvement of federal and state wildlife agencies in the preparation of MSHCP documents; (3) management of public lands to support MSHCP conservation objectives; (4) encouragement of voluntary conservation by private property owners through incentive programs; and (5) active solicitation of federal and state funding for MSHCP implementation activities.     

“Just Another Hoop to Jump Through?” Using Environmental Laws and Processes to Protect Indigenous Rights

Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a “back door” to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes—the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)—to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.     

Perspectives on the landmark decision designating the northern spotted owl (Strix occidentalis caurina) as a threatened subspecies

Following an extensive legal battle challenging its original decision to not extend the protection of the Endangered Species Act to the northern spotted owl (Strix occidentalis caurina), the US Fish and Wildlife Service was ordered by the 9th District Court of Appeals to reassess the status of the owl. As a result of the revised analysis, the service proposed the northern spotted owl for threatened status throughout its range. Because of the complex biological issues involved and the perceived potential for economic disruption in timber-dependent communities of the Pacific Northwest, this proposal generated more controversy and interest than any previous one. In this article I discuss the rationale for the service’s decision, public involvement in the process, and the mechanisms now available to conserve the northern spotted owl and its habitat under the Endangered Species Act.     

COOPERATIVE MANAGEMENT OF THE DUNGENESS WATERSHED TO PROTECT SALMON IN WASHINGTON STATE1

ABSTRACT: Over the last decade, the Jamestown S'Klallam Tribe has formed partnerships with their neighboring county government, irrigation districts, property owners, and state and federal agencies in an effort to save the dwindling runs of Dungeness River salmon. Although considerable progress has been made to begin the recovery process, the watershed is included in recent listings of Pacific Northwest salmon under the Endangered Species Act. Under the coordination of an active watershed council, significant improvements have been made in water conservation and the protection of instream flows. Cooperation between the Tribe, irrigation districts and the Washington Department of Ecology resulted in a trust water rights agreement and the reduction of late summer water withdrawals by one‐third.     

Critical habitat designation: Is it prudent?

The critical habitat provision of the US Endangered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and threatened species. However, only 23% of the listed species in the United States have their critical habitats designated. The current trend is to forego critical habitat designation because the federal government believes that the Endangered Species Act can protect most listed species without resort to the critical habitat provision. Required publication of critical habitat locations in theFederal Register may draw vandals and collectors to rare species. In other cases, existing habitat protection already provides adequate protection for species. In a few instances critical habitat changes over time and is difficult to delineate. Lastly, designating critical habitat is time consuming, delays species listing, and is controversial, detracting from the positive image of the Endangered Species Act.     

Utility participation in a multispecies plan

Single-species listings under provisions of the federal Endangered Species Act (ESA) have caused, or have been accused of causing, significant regional economic impact. In an attempt to avoid such adverse effects on regional economic development, the state of California passed the Natural Communities Conservation Planning Act (NCCP) in 1991. It is a voluntary, consensus-based approach to balancing protection of sensitive biota and biodiversity with regional economic development. The pilot NCCP program for the conservation of several threatened, endangered, and category 1 species, plus an additional 35 coastal sage scrub-related species in southern California, was completed and submitted to the public for review and comment in December 1995. This program proposes the voluntary establishment of a 86,600-ha multispecies reserve system. Once completed, participating landowners will receive ESA Section 10(a) incidental take permits for present and identified future projects. Utility rights-of-way are incorporated into the program as important connective linkages between reserve units and other adjacent important habitat areas. All data and information regarding the proposed results of the NCCP are subject to change pending agency response to public comments on the draft Habitat Conservation Plan and joint EIR/EIS.     

Biological diversity conservation: A public policy perspective

While extinctions of individual species are part of a normal cycle, the current rate of extinctions should be a concern to us all. The maintenance of biological diversity is important for utilitarian reasons, quality of life considerations, and because biodiversity is important to sustainable regional economies. Single-species approaches are too limited to protect biodiversity at the landscape, habitat, and watershed levels. New approaches are necessary to deal with the complexity of biological diversity. The administration is using provisions in the Endangered Species Act to bring about broader multispecies habitat protection. The ecosystem approach provides a framework for ensuring that ecological considerations are taken into account, along with economic and social factors, and that all interested parties are able to participate in the decision-making process.     

Effects of economic growth on biodiversity in the United States

For many citizens and policymakers, the empirical relationship between economic growth and biodiversity conservation has not been sufficiently established for purposes of identifying the types of economic policies amenable to biodiversity conservation. Some think economic growth conflicts with biodiversity conservation; others think economic growth conduces biodiversity conservation. With panel data from 1997‐2011, encompassing US continental states, we developed a series of statistical models to investigate the relationships among species endangerment, human population, and economic growth as indicated by GDP and per capita GDP. Species endangerment is highly correlated with population and GDP, and per capita GDP is a significant regressor of species endangerment. Across US continental states, competitive exclusion of non‐human species occurs via human economic growth and population growth.     

Balancing urban development and endangered species: The coachella valley habitat conservation plan

Habitat conservation plans (HCPs) permitted under Section 10(A) of the federal Endangered Species Act, have been increasingly used to overcome conflicts between urban development and species conservation. This article profiles one such HCP, the Coachella Valley (CA) Fringe-Toed Lizard Habitat Conservation Plan. The second HCP officially approved by the US Fish and Wildlife Service, the Coachella Valley case is frequently cited as a model for resolving conservation and development conflicts. The article begins with a discussion of the use of HCPs, and then provides a detailed discussion of Coachella Valley experience, its history, specific provisions, and success to date. A final section examines whether Coachella Valley does in fact represent a positive model. It is argued that the HCP has been less than fully successful and leaves unresolved a series of fundamental ethical and policy questions concerning the protection of endangered species. Funding for this report was provided by the National Fish and Wildlife Foundation. Any opinions, findings, conclusions, or recommendations are those of the author and do not necessarily represent the views of the Foundation.     

Conservation of Biodiversity: How Are We Doing?

A question rarely raised in discussions on biodiversity conservation, but surely the biggest question of all, is “How much time do we have left before the mass extinction underway surpasses our best efforts to contain it?” This prompts a further prime question because—and unlike all other problems, whether environmental or otherwise—the biotic crisis threatens to leave a severely impoverished planet for millions of years ahead; “Why do we not undertake the necessary actions to get on top of the problem before it gets on top of us?”     

Elderly Adi Women of Arunachal Pradesh: “Living Encyclopedias” and Cultural Refugia in Biodiversity Conservation of the Eastern Himalaya, India

Elderly women of a particular socioecological system are considered to be “living encyclopedias” in biocultural knowledge systems. These women play a pivotal role in retaining and passing on biodiversity-related traditional knowledge to the next generations. Unfortunately the fast changing sociocultural values and the impact of modernity have rendered their knowledge somewhat less valuable and they are being treated as “cultural refugia.” Our study on the importance of these women in the conservation of indigenous biodiversity was conducted in 14 randomly selected villages dominated by the Adi tribe of East Siang District, Arunachal Pradesh (northeast India). Data were collected from 531 women (381 elderly and 150 young to middle aged) during 2003–2008 using conventional social science methods and participatory rural appraisal. One innovative method, namely “recipe contest,” was devised to mobilize Adi women of each village in order to energies them and explore their knowledge relating to traditional foods, ethnomedicines, and conservation of indigenous biodiversity. Results indicated that 55 plant species are being used by elderly Adi women in their food systems, while 34 plant species are integral parts of ethnomedicinal practices. These women identified different plant species found under multistory canopies of community forests. Elderly women were particularly skilled in preparing traditional foods including beverages and held significantly greater knowledge of indigenous plants than younger women. Lifelong experiences and cultural diversity were found to influence the significance of biodiversity use and conservation. The conservation of biodiversity occurs in three different habitats: jhum lands (shifting cultivation), Morang forest (community managed forests), and home gardens. The knowledge and practice of elderly women about habitats and multistory vegetations, regenerative techniques, selective harvesting, and cultivation practices contribute significantly to food and livelihood security while sustaining an array of threatened plant species. Basically, knowledge of elderly women on using biodiversity in food and medicinal systems was found in three categories namely: “individual,” “community,” and “refined.” We identified a need to develop holistic policies to recognize and integrate knowledge and practices of elderly women with local level of planning on sustainable conservation of biodiversity as well as community-based adaptations.     

Snail Darters and Sacred Places: Creative Application of the Endangered Species Act

Rather than exploring how indigenous people have been alienated from resources by environmental policies, this paper explores how indigenous peoples have worked with environmental organizations to use the broad protections provided by environmental laws to protect cultural resources. The Eastern Band of Cherokee Indians, along with other concerned groups, partnered with environmentalists in opposing the destruction of the endangered snail darter’s critical habitat by the Tennessee Valley Authority’s Tellico Dam. The dam had been opposed by a shifting alliance of Cherokees, local farmers, trout fisherman, and environmentalists since it was announced in 1963. A previous lawsuit by this coalition delayed the project from 1972 to 1974 under the National Environmental Policy Act. The Endangered Species Act provided this coalition with a powerful tool for opposing the destruction of burial grounds and sacred village sites throughout the lower Little Tennessee River valley. The coalition of environmental organizations, Cherokees, and others was ultimately unsuccessful in stopping the dam from being built, but was successful in establishing a strict precedent for the enforcement of the Endangered Species Act. The lawsuit also created a space for the Eastern Band to negotiate for the return of Cherokee remains and halt the removal of any additional burials. In this situation, the strategic support of environmental regulation enabled the Eastern Band to exert some degree of control over the fate of cultural resources in the valley, and also demonstrates the significant role American Indian peoples played in one of the seminal events of the environmental movement during the 1970s.     

EU DAISIE Research Project: Wanted—Death Penalty to Keep Native Species Competitive?

Neobiota as non-native species are commonly considered as alien species. The Convention on Biological Diversity (CBD) intends to “prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species”. The European Union has financed the DAISIE research project for the first pan-European inventory of Invasive Alien Species (IAS), which is supposed to serve as a basis for prevention and control of biological invasions. This paper discusses the evaluation approach for classifying “100 of the Worst” IAS in Europe by the EU DAISIE research project. The main impact categories used by DAISIE for assorting “100 of the Worst” IAS are investigated and the texts of the “Wanted” species factsheets are examined. Two examples from the DAISIE factsheets of the “100 of the Worst” IAS [Tree of Heaven (Ailanthus altissima) and the Raccoon (Procyon lotor)] are discussed to illustrate DAISIE’s biodiversity evaluation approach in more detail. However, the classification criteria used by DAISIE do not allow for sufficiently differentiating these neobiota from an ecological behavior of native species with a similar ecological niche. In conclusion, neobiota evaluations are not comprehensive when they refer mainly to the successful expansion and competition with native species into available ecological niches. A comprehensive assessment of the impacts of neobiota on biodiversity and humans needs to take into account the different values of biodiversity as mentioned in the preamble of the CBD.     

Threatened Species Conservation in New South Wales,Australia: A Review of the Value of the Eight-part Test

The Threatened Species Conservation (TSC) Act, introduced in 1995, represents a significant attempt to conserve and restore biodiversity within the state of New South Wales, Australia. This Act aims to integrate land use planning and environmental impact assessment legislation by placing increased responsibility on applicants, proponents, consent and determining authorities, and the New South Wales National Parks and Wildlife Service, in the fields of environmental planning, development control and biodiversity conservation. The TSC Act introduced a set of eight factors which have to be considered by decision makers in determining whether a development is likely to have a significant effect upon threatened species, populations, ecological communities or their habitats (the threatened biota) as listed in the Act. These eight factors are commonly referred to as the 'eight-part test'. Fifty environmental impact statements (EISs) containing eight-part tests for development proposals were obtained. The adequacy of scoping and survey exercises, the number of species identified and afforded the eight-part test, and the actual responses to each of the eight factors contained within the test, using a series of criteria, were ascertained. Sixty per cent provided an adequate scoping exercise; 6% of the surveys for flora species, and none for fauna species carried out, were adequate in terms of identifying all threatened species on the development site. Seven hundred and thirty-seven species listed in the Act were identified, 36% of which were omitted from the eight-part test procedure. The eight sections of the eight-part test were completed to a varying degree of adequacy, with none of the EISs completing all eight sections satisfactorily. Both section 4 (regarding the impacts of a development in terms of habitat isolation) and section 8 (regarding the distribution of species potentially affected by a development) were inadequately completed in all 50 EISs.     

Conservation Without Borders: Building Communication and Action Across Disciplinary Boundaries for Effective Conservation

Interdisciplinary approaches to conservation research and environmental management continue to garner interest among practitioners, academics, and students. Yet, cases of practitioners and researchers from different disciplines successfully working in concert towards an integrated conservation approach are rare. What is preventing practitioners of multiple disciplines from harmoniously working together? Why are practitioners and academics struggling to apply their graduate training to real world conservation? What is preventing the benefits of cooperation and partnerships between different disciplines addressing conservation from being realized? This special issue “Conservation without Borders: Building Communication and Action across Disciplinary Boundaries for Effective Conservation” asks readers to consider the numerous interpretations and implications of the phrase “Conservation without Borders” and to reflect on how different academic and disciplinary lenses can contribute to a more integrated approach to tackling conservation challenges. The articles that comprise this special issue offer readers insights into the ways in which different disciplines view conservation work and interdisciplinary approaches to environmental problems. Bringing these perspectives and approaches together in one place is a step towards improving communication across disciplines for the purpose of achieving more successful biodiversity conservation.