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.     

Species Review of Amphibian Extinction Risks in Madagascar: Conclusions from the Global Amphibian Assessment

Abstract:  We assessed the extinction risks of Malagasy amphibians by evaluating their distribution, occurrence in protected areas, population trends, habitat quality, and prevalence in commercial trade. We estimated and mapped the distribution of each of the 220 described Malagasy species and applied, for the first time, the IUCN Red List categories and criteria to all species described at the time of the assessment. Nine species were categorized as critically endangered, 21 as endangered, and 25 as vulnerable. The most threatened species occur on the High Plateau and/or have been subjected to overcollection for the pet trade, but restricted extent of occurrence and ongoing habitat destruction were identified as the most important factors influencing extinction threats. The two areas with the majority of threatened species were the northern Tsaratanana-Marojejy-Masoala highlands and the southeastern Anosy Mountains. The current system of protected areas includes 82% of the threatened amphibian species. Of the critically endangered species, 6 did not occur in any protected area. For conservation of these species we recommend the creation of a reserve for the species of the Mantella aurantiaca group, the inclusion of two Scaphiophryne species in the Convention on the International Trade in Endangered Species Appendix II, and the suspension of commercial collecting for Mantella cowani . Field surveys during the last 15 years reveal no pervasive extinction of Malagasy amphibians resulting from disease or other agents, as has been reported in some other areas of the world.     

Nonlethal Techniques for Managing Predation: Primary and Secondary Repellents

Abstract:   Conservation biology requires the development of practical tools and techniques to minimize conflicts arising from human modification of ecosystems. We applied behavioral theory of primary and secondary repellents to predator management by using aversive stimulus devices (electronic training collars) and disruptive stimulus devices (behavior-contingent audio and visual repellents) in a multipredator ( Canis lupus, Haliaeetus leucocephalus, Ursus spp.) study in the United States. We examined fladry and a newly developed disruptive stimulus device contingent upon behavior on six wolf territories in Wisconsin, (U.S.A.) and determined that the disruptive stimulus device gave the greatest degree of protection from predation. We also compared the efficacy of a primary repellent (disruptive stimulus device) versus a secondary repellent (electronic training collars) to keep captive wolves from consuming a food source. Disruptive stimulus devices effectively prevented captive wolves from consuming the food resource, but did not produce an aversion to that food resource. With training collars, logistical and behavioral variability limited our ability to condition wolves. Our studies highlight the complexity of application of nonlethal techniques in real-world situations.     

Effects of Climate Change on Population Persistence of Desert-Dwelling Mountain Sheep in California

Abstract:  Metapopulations may be very sensitive to global climate change, particularly if temperature and precipitation change rapidly. We present an analysis of the role of climate and other factors in determining metapopulation structure based on presence and absence data. We compared existing and historical population distributions of desert bighorn sheep ( Ovis canadensis ) to determine whether regional climate patterns were correlated with local extinction. To examine all mountain ranges known to hold or to have held desert bighorn populations in California and score for variables describing climate, metapopulation dynamics, human impacts, and other environmental factors, we used a geographic information system (GIS) and paper maps. We used logistic regression and hierarchical partitioning to assess the relationship among these variables and the current status of each population (extinct or extant). Parameters related to climate—elevation, precipitation, and presence of dependable springs—were strongly correlated with population persistence in the twentieth century. Populations inhabiting lower, drier mountain ranges were more likely to go extinct. The presence of domestic sheep grazing allotments was negatively correlated with population persistence. We used conditional extinction probabilities generated by the logistic-regression model to rank native, naturally recolonized, and reintroduced populations by vulnerability to extinction under several climate-change scenarios. Thus risk of extinction in metapopulations can be evaluated for global-climate-change scenarios even when few demographic data are available.     

The Long-Term Effects of Tiger Poaching on Population Viability

Poaching tigers, primarily for their bones, has become the latest threat to the persistence of wild tiger populations throughout the world. Anecdotal information indicates the seriousness of this new threat. It is important, however, to provide a quantitative analysis of poaching as a basis for strong policy action. We therefore created a tiger simulation model to explore the effects of realistic levels of poaching on population viability. The model is an individually based, stochastic spatial model that is based on the extensive data set from Royal Chitwan National Park, Nepal. We found that as poaching continues over time, the probability of population extinction increases sigmoidally; a critical zone exists in which a small, incremental increase in poaching greatly increases the probability of extinction. The implication is that poaching may not at first be seen as a threat but could suddenly become one. Moreover, even if poaching is effectively stopped, tiger populations will still be vulnerable and could go extinct due to demographic and environmental stochasticity. Our model also shows that poaching reduces genetic variability, which could further reduce population viability due to inbreeding depression. The longer poaching is allowed to continue, the more vulnerable a population will be to these stochastic events. At currently reported rates of poaching our analysis indicates that many wild tiger populations will be extirpated during the latter half of the 1990s.     

Economic and Environmental Analysis of Retrofitting a Large Office Building with Energy-Efficient Lighting Systems

An evaluation of the economic and environmental costs and benefits that would result if the Zorinsky Federal Building, located in Omaha, Nebraska, USA, converted its current lighting system to a more energy-efficient system (i.e., joined the EPA's Green Lights Program) was conducted. Lighting accounts for 20–25 percent of all electricity sold in the United States. Costs considered in the study included the cost of retrofitting the building's existing lighting system and the cost of disposal of the current lamps and ballast fixtures. Benefits included a reduction of electric utility costs and a reduction of emissions of SO₂, NO _x , CO₂, and CO from electric utility power plants. Environmental and health issues for air pollutant emissions were also addressed. The results showed that significant reductions in utility bills as well as reductions in air emissions would result from a major building converting to a more energy efficient lighting system. The results showed that conversion of this large building would reduce SO₂ emissions by 14.6 tons/yr and NO _x emissions by 6.3 tons/yr. In addition, the conversion would reduce annual energy costs by approximately $114,000.     

Criteria for Oil Spill Recovery: A Case Study of the Intertidal Community of Prince William Sound, Alaska, Following the Exxon Valdez Oil Spill

Marine intertidal organisms in Prince William Sound were exposed to crude oil following the T/V Exxon Valdez oil spill in 1989. The intertidal communities were also subjected to mechanical disturbance during invasive oil spill remediation and cleanup efforts. Using monitoring data collected from 1989 to 1997, impacts and eventual recovery were assessed at oiled but uncleaned sites and oiled and cleaned study areas. A statistical model where recovery was defined as parallelism between the time profiles at control and oiled sites was evaluated. Statistical analysis and graphical presentations of the data suggest intertidal epibiota communities recovered from the oil spill by 1992 at the oiled sites and by 1994 at the oiled and remediated sites. Empirical data from the intertidal monitoring program supports the use of tests of parallelism in evaluating recovery and the need to avoid simply the comparison of sample means from control and oiled sites.     

Managing Birds and Controlling Aircraft in the Kennedy Airport–Jamaica Bay Wildlife Refuge Complex: The Need for Hard Data and Soft Opinions

During the 1980s, the exponential growth of laughing gull (Larus atricilla) colonies, from 15 to about 7600 nests in 1990, in the Jamaica Bay Wildlife Refuge and a correlated increase in the bird-strike rate at nearby John F. Kennedy International Airport (New York City) led to a controversy between wildlife and airport managers over the elimination of the colonies. In this paper, we review data to evaluate if: (1) the colonies have increased the level of risk to the flying public; (2) on-colony population control would reduce the presence of gulls, and subsequently bird strikes, at the airport; and (3) all on-airport management alternatives have been adequately implemented. Since 1979, most (2987, 87%) of the 3444 bird strikes (number of aircraft struck) were actually bird carcasses found near runways (cause of death unknown but assumed to be bird strikes by definition). Of the 457 pilot-reported strikes (mean = 23 ± 6 aircraft/yr, N= 20 years), 78 (17%) involved laughing gulls. Since a gull-shooting program was initiated on airport property in 1991, over 50,000 adult laughing gulls have been killed and the number of reported bird strikes involving laughing gulls has declined from 6.9 ± 2.9 (1983–1990) to 2.6 ± 1.3 (1991–1998) aircraft/yr; nongull reported bird strikes, however, have more than doubled (6.4 ± 2.6, 1983–1990; 14.9 ± 5.1, 1991–1998). We found no evidence to indicate that on-colony management would yield a reduction of bird strikes at Kennedy Airport. Dietary and mark–recapture studies suggest that 60%–90% of the laughing gulls collected on-airport were either failed breeders and/or nonbreeding birds. We argue that the Jamaica Bay laughing gull colonies, the only ones in New York State, should not be managed at least until all on-airport management alternatives have been properly implemented and demonstrated to be ineffective at reducing bird strikes, including habitat alterations and increasing the capability of the bird control unit to eliminate bird flocks on-airport using nonlethal bird dispersal techniques. Because the gull-shooting program may be resulting in a nonsustainable regional population of laughing gulls (>30% decline), we also recommend that attempts be made to initiate an experimental colony elsewhere on Long Island to determine if colony relocation is a feasible management option.     

PATH CHOICE AND VISUAL STIMULI: SIGNS OF HUMAN ACTIVITY AND ARCHITECTURE

This paper is concerned with the exploratory behaviour of first-time visitors to an environment and specifically with the importance of visual stimuli in path choice. Forty-five participants were asked to select among photos representing the path choices at 13 street intersections in the historic centre of Montpellier, providing reasons as they proceeded. Preference among choices at intersections varied significantly in 10 of 13 cases. Eight intersections with the greatest differences in preference between choices were modified such that persons, signs, planters and awnings were removed from the most preferred scenes and inserted into the least preferred. The virtual tour was run again with a new group of participants. In comparison with the first group, the second expressed greater preference for path choices with added elements and diminished preference for photos with removed elements. Choices were also related to verbalizations and rated architectural properties.