Integrating Climate Change into Habitat Conservation Plans Under the U.S. Endangered Species Act

Habitat Conservation Plans (HCPs) under the Endangered Species Act (ESA) are an important mechanism for the acquisition of land and the management of terrestrial and aquatic ecosystems. HCPs have become a vital means of protecting endangered and threatened species and their habitats throughout the United States, particularly on private land. The scientific consensus that climate is changing and that these changes will impact the viability of species has not been incorporated into the conservation strategies of recent HCPs, rendering plans vulnerable biologically. In this paper we review the regulatory context for incorporating climate change into HCPs and analyze the extent to which climate change is linked to management actions in a subset of large HCPs. We conclude that most current plans do not incorporate climate change into conservation actions, and so we provide recommendations for integrating climate change into the process of HCP development and implementation. These recommendations are distilled from the published literature as well as the practice of conservation planning and are structured to the specific needs of HCP development and implementation. We offer nine recommendations for integrating climate change into the HCP process: (1) identify species at-risk from climate change, (2) explore new strategies for reserve design, (3) increase emphasis on corridors, linkages, and connectivity, (4) develop anticipatory adaptation measures, (5) manage for diversity, (6) consider assisted migration, (7) include climate change in scenarios of water management, (8) develop future-oriented management actions, and (9) increase linkages between the conservation strategy and adaptive management/monitoring programs.     

Three Paradoxes of Habitat Conservation Plans

Habitat conservation plans (HCPs) are enabled under section 10(a) of the Endangered Species Act. The substantial increase since 1994 in the number of HCPs has motivated numerous critiques of nearly every aspect of HCPs. These critiques have overlooked several paradoxes that expose fundamental shortcomings of section 10(a) or its implementation. I refer to them as: the Trainwreck Paradox, the Jeopardy Paradox, and the Maximum Mitigation Paradox. The Trainwreck Paradox states that HCPs are needed to avert the listing of species as threatened or endangered, but federal listings are needed to motivate landowners to develop HCPs. The Jeopardy Paradox stems from the vague language of section 10(a) which allows an HCP to reduce the likelihood of a species’ survival and recovery but establishes no objective limit on the magnitude of reduction. The Maximum Mitigation Paradox argues that if a landowner provides maximum mitigation at the onset of an HCP, then there will be no financial resources for adaptive management in the future, but if resources are reserved for adaptive management, then the landowner is not mitigating to the maximum extent practicable as required by section 10(a). The purpose of this article is to explain these paradoxes of HCPs and discuss potential remedies.     

A Crosswalk from the Endangered Species Act to the HCP Handbook and Real HCPs

The U.S. Departments of Interior and Commerce published the HCP handbook in 1996 to guide the issuance of incidental take permits (ITPs). The HCP handbook lists six guidelines and provides many others throughout the text. However, the guidelines sometimes contradict the intent of the Endangered Species Act (ESA), and some are vague due to their use of improperly defined terms, such as ecosystem, region(al), net benefits, and habitat types. A proposed addendum provides little improvement to the HCP handbook. The guidelines in the HCP handbook could be prepared to better match those that scientists would expect from the language of the ESA. Three HCPs met only 3-10% of the 39 guidelines I would expect based on the ESA, and they met only 7-20% of the 30 guidelines in the HCP handbook. Based on a recent legal decision on the Alabama Beach Mouse HCP, ITP applicants are expected to follow the guidelines in the HCP handbook. The three HCPs I reviewed are vulnerable to similar legal decisions. However, many of the guidelines in the HCP handbook are inconsistent with the ESA. Therefore, I recommend that the HCP handbook be revised so that it is consistent with the ESA and with academic standards in the use of scientific methods. The guidelines need to be more explicit to be operationally consistent. Such a revision would provide ITP applicants and all the stakeholders with much more certainty in the outcome of the process. In lieu of a revised HCP handbook, I recommend that ITP applicants prepare their HCPs using the standards presented in Smallwood and others (Environmental Management, 1999, 24:421-435), thereby giving their HCPs a strong scientific foundation.     

Tasmanian landowner preferences for conservation incentive programs: a latent class approach

An empirical model of landowners' conservation incentive program choice is developed in which information about landowners' socio-economic and property characteristics and their attitudes, is combined with incentive program attributes. In a Choice survey landowners were presented with the choice of two incentive programs modelled as 'bundles of attributes' mimicking a voluntary choice scenario. Landowner behaviour and decision and the type of conditions and regulations they preferred were analyzed. Based on choice survey data, landowner heterogeneity was accounted for using a latent class approach to estimate the preference parameters. Three latent classes of landowners with different attitudes to the role and outcome of establishing conservation reserves on private land were identified: multi-objective owners; environment owners; and production owners. Only a small proportion of landowners, mostly environment owners, would voluntarily join a program. Although compensation funding contributed to voluntary program choice for multi-objective owners and environment owners, welfare losses were around 4000 AUD per hectare, which is less than the average agricultural land value in Tasmania. Landowners for whom compensation funding contributed to voluntary program choice were also most likely to set aside land for conservation without payment. This raises the possibility that the government's compensation expenditure could potentially be either reduced or re-allocated to landowners who will not voluntarily take conservation action. Increasing participation in conservation incentive programs and minimizing the welfare losses associated with meeting conservation targets may be best achieved by offering programs that allow flexibility in terms of legal arrangements and other program attributes.     

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.     

Indicators Assessment for Habitat Conservation Plan of Yolo County, California, USA

/ Whereas habitat conservation plans (HCPs) have been intended to provide comprehensive environmental mitigation for multiple species, they often narrow in focus to one species and either one mitigation site or unspecified sites. We developed an indicators framework from which to rate land units for their ecological integrity, collateral values (nonbiological qualities that can improve conservation), and restoration and conservation opportunities. The ratings of land units were guided by the tenets of conservation biology and principles of landscape and ecosystem ecology, and they were made using existing physical and floral information managed on a GIS. As an example of how the indicators approach can be used for HCPs, the 29 legally rare species targeted by the Yolo County HCP were each associated with vegetation complexes and agricultural crops, the maps of which were used for rating some of the landscape indices. The ratings were mapped so that mitigation can be directed to the places on the landscape where the legally rare species should benefit most from conservation practices. The most highly rated land units for conservation opportunity occurred along streams and sloughs, especially where they emerged from the foothills and entered the Central Valley and where the two largest creeks intersected the Sacramento River flood basin. We recommend that priority be given to mitigation or conservation at the most highly rated land units. The indices were easy to measure and can be used with other tools to monitor the mitigation success. The indicators framework can be applied to other large-area planning efforts with some modifications.KEY WORDS: Ecosystem; Indicators; Landscape; Mitigation; Planning; Yolo County; California     

ANALYSIS OF IMPLEMENTATION BARRIERS FOR STATE SCENIC RIVER SYSTEM FORMULATION1

ABSTRACT: Efforts to protect free flowing streams of state significance have met with limited success. Some states established large numbers of “instant” scenic rivers through legislation, then have worked out procedures to add new streams. Other have inadequate current funding and staff to implement the law. The chief barriers to growth of the systems are:

• lack of program staffing and funding and support in some states,
• slowness of the study and planning process,
• landowner uncertainties about the effects on their property and rights, and
• legal complexities.

There are few difficulties experienced in evaluation criteria, but a lack of objective rating systems may cause future problems. The state systems which have grown require careful planning, thorough communications with landowners, flexible land use control programs, and systematic education of community leaders about the values and operation of the program. State systems now protect about four times the river mileage of the federal wild and scenic rivers program. This gap is likely to widen even more, if state programs can achieve their growth potential. No state appears to be yet near to achieving the full purpose of the policy makers who designed and instituted the scenic rivers programs.     

RIVER RECREATION: PUBLIC ACCESS VS. RIPARIAN RIGHTS1

ABSTRACT: The issues involved in the conflict between the rights of the public and those of riparian landowners are examined by reviewing the public access situation with regard to inland streams in the State of Virginia. Consideration is given to the legal framework defining access rights and to the attitudes of riparian landowners regarding the access question. Existing provisions of law suggest only limited recognition of public rights, but this law is incompletely developed. A considerably broader concept of public rights could be developed within the existing framework due to the existence of unresolved questions. The analysis of landowner attitudes is based on a survey of a sample of riparian owners chosen from throughout the state. The questionnaire used in the survey contained 123 questions in a variety of areas, including landowners' perceptions of public rights, problems encountered as the result of recreational water use, attitudes toward state designation and protection of scenic rivers, and the acceptability of alternatives for increasing public access. Although the survey results indicate substantial acceptance of the concept of public use, the landowners expressed concern over governmental control of land use and did not indicate a generally acceptable means for increasing public use.     

Clean Water State Revolving Fund Loans and Landowner Investments in Agricultural Best Management Practices in Iowa1

Arbuckle, Jr., J. Gordon, 2012. Clean Water State Revolving Fund Loans and Landowner Investments in Agricultural Best Management Practices in Iowa. Journal of the American Water Resources Association (JAWRA) 1‐9. DOI: 10.1111/j.1752‐1688.2012.00688.x Abstract: Clean Water State Revolving Fund (CWSRF) loan programs for water quality have traditionally funded infrastructure projects at the community, municipality, or state level. They are increasingly being used to support individual landowner adoption of agricultural best management practices (BMPs) for nonpoint source pollution abatement. In 2005, the Iowa CWSRF initiated the Local Water Protection Program (LWPP) to increase the scope, scale, and rate of agricultural BMP establishment. This research examines the effectiveness of that program through a comparison of survey data from LWPP participants and state cost‐share recipients who were eligible for loans, but did not take them. Loan recipients’ assessments of the program were overwhelmingly positive, with near‐universal satisfaction with both the loan product and process. Results of statistical analyses indicate that loan recipients invested substantially more in conservation than nonrecipients. Evidence suggests that by helping program participants to overcome financial constraints, loans are facilitating larger and accelerated investments in conservation. Although findings indicate that conservation loans can play an important role in funding conservation, loan recipients also still depend on cost‐share. Loans are not necessarily a substitute for traditional forms of conservation funding, but rather another tool that landowners and conservation professionals can employ to facilitate investments in BMPs.     

A factor analytic study of attitudinal structure and its impact on rural landowners' access policies

Previous research has shown that rural landowners' hunter access policies are determined in large part by their attitudes towards hunters, legal liability, conservation, and economic incentives. The results of this study support this research and indicate that East Texas, USA, landowners' decisions to allow or restrict access are based, in part, on attitudes toward hunter behavior, hunting as a social activity, leasing as a management practice, and a perceived obligation toward wildlife stewardship. Attitude-based profiles of landowners who adopted one of four access policies are compared.     

A LAW AND ECONOMICS APPROACH TO RESOLVING RESERVOIR SEDIMENT MANAGEMENT CONFLICTS1

The loss of the world's reservoir capacity to sedimentation can be mitigated by altering dam operations to release sediment downstream. However, legal uncertainty regarding whether dam owners are liable for damages to surrounding landowners due to altered operations provides a significant disincentive for sustainable sediment management. Past work recommends that courts apply a “rule of reasonableness” in assessing liability: dam owners should be held liable for damages only if they act unreasonably in altering operations, and surrounding landowners should take reasonable measures to mitigate foreseeable damage. Based on past cases, judicial determinations of reasonable reservoir management and reasonable precautionary measures by landowners are generally highly speculative, controversial, and based on limited information. Courts can ease the future burden of making these difficult determinations with rulings that create economic incentives for parties to act reasonably. For example, courts might entitle landowners to be free from sediment related damages, and protect the entitlement with a liability rule. This gives dam owners an economic incentive to release sediment only if the benefits of doing so outweigh court ordered damages to landowners. Past judicial decisions are largely consistent with this legal regime.     

Evaluating Nonpoint Pollution Policy Using a Tightly Coupled Spatial Decision Support System

Policy makers often must rely on the cumulative impact of independent actions taken by local landowners to achieve environmental goals. The connection between policy, regulation, and local action, however, is often not well understood and, thus, the impact of proposed policies may be difficult to predict. In this study we evaluate the effectiveness of alternative policy scenarios for agricultural set aside programs (e.g., the conservation reserve program administered by the United States Department of Agriculture) in reducing nonpoint pollution. Two alternative policy scenarios are developed and analyzed; one based on the erodibility index (detachment), the other sediment yield (transport). An estimate of the cumulative impact of associated land use change on nonpoint pollution is made using the AGNPS distributed parameter watershed model. This work is completed within the Cypress Creek watershed in southern Illinois. An analysis of the resulting data suggests that the most efficacious regulatory strategy for achieving nonpoint water pollution goals depends, in part, on place-specific land use patterns. This conclusion provides a solid argument for place-based regulatory strategies.     

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.     

A Case Study of Landholder Attitudes and Behaviour Toward the Conservation of Renosterveld,a Critically Endangered Vegetation Type in Cape Floral Kingdom,South Africa

The attitudes and behaviours of private landholders toward the conservation of a highly transformed and critically endangered habitat, Overberg Coastal Renosterveld (OCR) (a grassy shrubland of the Cape Floral Region, South Africa) are described. Personal, semistructured interviews were conducted with landholders, representing 40 properties in the Overberg region, on topics such as management and utilisation of OCR, the depth of their knowledge of its conservation importance, what they perceive its value to be, and the extent of their willingness to conserve it. General attitudes toward conservation incentives and provincial conservation authorities were also investigated. Farmers more willing to conserve were younger, did not necessarily have a better education, and owned larger farms (>500 ha) with a greater amount of remnant renosterveld (>300 ha) than those less willing to conserve. Attitudes toward the OCR were largely negative, related to associated problem plants and animals and the fact that it is believed not to be economically advantageous to retain it. However, farmers are of the opinion that provision of incentives and increased extension support will provide practical positive inducements for conservation. Landholder education is paramount to prevent further transformation of critically endangered habitats. The success of private-conservation programs depends on the attitudes of landowners toward (1) the particular habitat or species to be conserved (which can vary depending on the type of land use practised and the associated benefits and disadvantages of that habitat type); (2) the conservation agency or extension officers responsible for that area; and (3) willingness of landowners to participate in a conservation program, which is influenced by landowner age, farm size, and the amount of natural habitat left to conserve.     

Tradeable hunting obligations--a new approach to regulating red deer numbers in the Scottish Highlands?

The population of red deer (Cervus elaphus) in Scotland has doubled over the last 30 years and there is increasing concern among conservationists about the long-term impact of increased grazing on native woodlands and other sensitive nature conservation sites. Currently, the government relies on a voluntary approach to deer control, but landowners seem unable or unwilling to shoot sufficient numbers to meet cull targets. The aim of this paper is to examine alternatives to the 'voluntary approach' supported by insights from a mail questionnaire of landowners and recreational hunters. In principle, subsidies or taxation is possible but the Deer Commission for Scotland, the government agency responsible, has neither the necessary funding or the legislative power to introduce such a scheme. A tradable culling 'obligations' system on the other hand would build on the voluntary principle by allowing individual landowners to 'trade' culling obligations to neighbouring estates. Compared to traditional regulatory approaches, they are less bureaucratic and inefficient and have the potential to meet environmental targets at least cost as landowners can trade their culling obligation to another estate or hunting club should they wish to do so. Overall, the State's role would be restricted to setting the annual cull and the administration of the permit system for which a small charge could be levied per deer.     

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.     

Improving Voluntary Environmental Management Programs: Facilitating Learning and Adaptation

Environmental planners and managers face unique challenges understanding and documenting the effectiveness of programs that rely on voluntary actions by private landowners. Programs, such as those aimed at reducing nonpoint source pollution or improving habitat, intend to reach those goals by persuading landowners to adopt behaviors and management practices consistent with environmental restoration and protection. Our purpose with this paper is to identify barriers for improving voluntary environmental management programs and ways to overcome them. We first draw upon insights regarding data, learning, and adaptation from the adaptive management and performance management literatures, describing three key issues: overcoming information constraints, structural limitations, and organizational culture. Although these lessons are applicable to a variety of voluntary environmental management programs, we then present the issues in the context of on-going research for nonpoint source water quality pollution. We end the discussion by highlighting important elements for advancing voluntary program efforts.     

Adaptive Targeting: Engaging Farmers to Improve Targeting and Adoption of Agricultural Conservation Practices

Targeting of agricultural conservation practices to cost‐effective locations has long been of interest to watershed managers, yet its implementation cannot succeed without meaningful engagement of agricultural producers who are decision makers on the lands they farm. In this study, we engaged 14 west‐central Indiana producers and landowners in an adaptive targeting experiment. Interviews carried out prior to targeting provided rich spatial information on existing conservation practices as well as producers' preferences for future conservation projects. We targeted six of the most accepted conservation practices using the Soil and Water Assessment Tool and spatial optimization using a genetic algorithm approach. Fairly optimal conservation scenarios were possible with even the most limiting constraints of farmer‐accepted practices. We presented in follow‐up interviews a total of 176 conservation practice recommendations on 103 farm fields to 10 farmers whose lands were targeted for conservation. Primary findings indicated producers were interested in the project, were open to hearing recommendations about their lands, and expressed a high likelihood of adopting 35% of targeted recommendations. Farmers generally viewed the interview process and presentation of results quite favorably, and the interviews were found to build trust and make the targeting process more acceptable to them.     

Stewardship among lifestyle oriented rural landowners

Changes in landownership associated with amenity migration are affecting the demographic, cadastral and ecological conditions of rural landscapes. These changes and concerns about their impacts on natural resource management, including ecological conservation, relate to both the structural consequences of landownership change, land subdivision and to the motivations, management ability and attitudes of lifestyle oriented rural landowners. Based on an Australian case study near Sydney, NSW, this paper examines the motivations and practices of such landowners, assesses potential consequences for vegetation and characterises the landowners according to three stewardship types.     

Role of Adaptive Management for Watershed Councils

Recent findings in the Umpqua River Basin in southwestern Oregon illustrate a tension in the rise of both community-based and watershed-based approaches to aquatic resource management. While community-based institutions such as watershed councils offer relief from the government control landowners dislike, community-based approaches impinge on landowners' strong belief in independence and private property rights. Watershed councils do offer the local control landowners advocate; however, institutional success hinges on watershed councils' ability to reduce bureaucracy, foster productive discussion and understanding among stakeholders, and provide financial, technical, and coordination support. Yet, to accomplish these tasks current watershed councils rely on the fiscal and technical capital of the very governmental entities that landowners distrust. Adaptive management provides a basis for addressing the apparent tension by incorporating landowners' belief in environmental resilience and acceptance of experimentation that rejects “one size fits all solutions.” Therefore community-based adaptive watershed management provides watershed councils a framework that balances landowners' independence and fear of government intrusion, acknowledges the benefits of community cooperation through watershed councils, and enables ecological assessment of landowner-preferred practices. Community-based adaptive management integrates social and ecological suitability to achieve conservation outcomes by providing landowners the flexibility to use a diverse set of conservation practices to achieve desired ecological outcomes, instead of imposing regulations or specific practices.