Hybridization,agency discretion,and implementation of the U.S. Endangered Species Act

The U.S. Endangered Species Act (ESA) requires that the “best available scientific and commercial data” be used to protect imperiled species from extinction and preserve biodiversity. However, it does not provide specific guidance on how to apply this mandate. Scientific data can be uncertain and controversial, particularly regarding species delineation and hybridization issues. The U.S. Fish and Wildlife Service (FWS) had an evolving hybrid policy to guide protection decisions for individuals of hybrid origin. Currently, this policy is in limbo because it resulted in several controversial conservation decisions in the past. Biologists from FWS must interpret and apply the best available science to their recommendations and likely use considerable discretion in making recommendations for what species to list, how to define those species, and how to recover them. We used semistructured interviews to collect data on FWS biologists’ use of discretion to make recommendations for listed species with hybridization issues. These biologists had a large amount of discretion to determine the best available science and how to interpret it but generally deferred to the scientific consensus on the taxonomic status of an organism. Respondents viewed hybridization primarily as a problem in the context of the ESA, although biologists who had experience with hybridization issues were more likely to describe it in more nuanced terms. Many interviewees expressed a desire to continue the current case‐by‐case approach for handling hybridization issues, but some wanted more guidance on procedures (i.e., a “flexible” hybrid policy). Field‐level information can provide critical insight into which policies are working (or not working) and why. The FWS biologists’ we interviewed had a high level of discretion, which greatly influenced ESA implementation, particularly in the context of hybridization.     

A framework to guide the conservation of species hybrids based on ethical and ecological considerations

Species hybrids have long been undervalued in conservation and are often perceived as a threat to pure species. Recently, the conservation value of hybrids, especially those of natural origin, has gained recognition; however, hybrid conservation remains controversial. We reviewed hybrid management policies, including laws, regulations, and management protocols, from a variety of organizations, primarily in Canada and the United States. We found that many policies are based on limited ethical and ecological considerations and provide little opportunity for hybrid conservation. In most policies, hybrids are either unrepresented or considered a threat to conservation goals. This is problematic because our review of the hybrid conservation literature identified many ethical and ecological considerations relevant to determining the conservation value of a hybrid, all of which are management‐context specific. We also noted a lack of discussion of the ethical considerations regarding hybrid conservation. Based on these findings, we created a policy framework outlining situations in which hybrids could be eligible for conservation in Canada and the United States. The framework comprises a decision tree that helps users determine whether a hybrid should be eligible for conservation based on multiple ecological and ethical considerations. The framework may be applied to any hybrid and is flexible in that it accommodates context‐specific management by allowing different options if a hybrid is a threat to or could benefit conservation goals. The framework can inform policy makers and conservationists in decision‐making processes regarding hybrid conservation by providing a systematic set of decision criteria and guidance on additional criteria to be considered in cases of uncertainty, and it fills a policy gap that limits current hybrid management.     

Characterizing species co-occurrence patterns of imperfectly detected stream fishes to inform species reintroduction efforts

Species reintroduction efforts can improve the recovery of imperiled species, but successful implementation of this conservation strategy requires a thorough understanding of the abiotic and biotic factors influencing species viability. Species interactions are especially understudied, in particular by omitting the effect of imperfect detection on negative, neutral, or positive associations within a community. Using repeat surveys from 5 southern Ontario, Canada, Great Lakes tributaries, we quantified species co-occurrence patterns with the eastern sand darter (ESD) (Ammocrypta pellucida), listed as federally threatened, and characterized how imperfect detection during sampling can influence inference regarding these relationships. We used a probabilistic framework that included 3 approaches of increasing complexity: probabilistic co-occurrence analysis ignoring imperfect detection; single-species occupancy models with subsequent co-occurrence analysis; and 2-species occupancy models. We then used our occupancy models to predict suitable sites for potential future reintroduction efforts while considering the influence of negative species interactions. Based on the observed data, ESD showed several positive associations with co-occurring species; however, species associations differed when imperfect detection was considered. Specifically, a negative association between ESD and rosyface shiner (Notropis rubellus) was observed only after accounting for imperfect detection in the Grand River. Alternatively, positive associations in the Grand River between ESD and northern hogsucker (Hypentelium nigricans) and silver shiner (Notropis photogenis) were observed regardless of whether imperfect detection was accounted for. Our models predicted several potential reintroduction sites for ESD in formerly occupied watersheds with high levels of certainty. Overall, our results demonstrate the importance of investigating imperfect detection and species co-occurrence when planning reintroduction efforts.     

Use of monitoring data to support conservation management and policy decisions in Micronesia

Adaptive management implies a continuous knowledge‐based decision‐making process in conservation. Yet, the coupling of scientific monitoring and management frameworks remains rare in practice because formal and informal communication pathways are lacking. We examined 4 cases in Micronesia where conservation practitioners are using new knowledge in the form of monitoring data to advance marine conservation. These cases were drawn from projects in Micronesia Challenge jurisdictions that received funding for coupled monitoring‐to‐management frameworks and encompassed all segments of adaptive management. Monitoring in Helen Reef, Republic of Palau, was catalyzed by coral bleaching and revealed evidence of overfishing that led to increased enforcement and outreach. In Nimpal Channel, Yap, Federated States of Micronesia (FSM), monitoring the recovery of marine food resources after customary restrictions were put in place led to new, more effective enforcement approaches. Monitoring in Laolao Bay, Saipan, Commonwealth of the Northern Mariana Islands, was catalyzed by observable sediment loads from poor land‐use practices and resulted in actions that reduced land‐based threats, particularly littering and illegal burning, and revealed additional threats from overfishing. Pohnpei (FSM) began monitoring after observed declines in grouper spawning aggregations. This data led to adjusting marine conservation area boundaries and implementing market‐based size class restrictions. Two themes emerged from these cases. First, in each case monitoring was conducted in a manner relevant to the social and ecological systems and integrated into the decision‐making process. Second, conservation practitioners and scientists in these cases integrated culturally appropriate stakeholder engagement throughout all phases of the adaptive management cycle. More broadly, our study suggests, when describing adaptive management, providing more details on how monitoring and management activities are linked at similar spatial scales and across similar time frames can enhance the application of knowledge.     

Use of Community‐Composition Data to Predict the Fecundity and Abundance of Species

Abstract: Species distribution models are critical tools for the prediction of invasive species spread and conservation of biodiversity. The majority of species distribution models have been built with environmental data. Community ecology theory suggests that species co‐occurrence data could also be used to predict current and potential distributions of species. Species assemblages are the products of biotic and environmental constraints on the distribution of individual species and as a result may contain valuable information for niche modeling. We compared the predictive ability of distribution models of annual grassland plants derived from either environmental or community‐composition data. Composition‐based models were built with the presence or absence of species at a site as predictors of site quality, whereas environment‐based models were built with soil chemistry, moisture content, above‐ground biomass, and solar radiation as predictors. The reproductive output of experimentally seeded individuals of 4 species and the abundance of 100 species were used to evaluate the resulting models. Community‐composition data were the best predictors of both the site‐specific reproductive output of sown individuals and the site‐specific abundance of existing populations. Successful community‐based models were robust to omission of data on the occurrence of rare species, which suggests that even very basic survey data on the occurrence of common species may be adequate for generating such models. Our results highlight the need for increased public availability of ecological survey data to facilitate community‐based modeling at scales relevant to conservation.     

Contribution of Systematic Reviews to Management Decisions

Systematic reviews comprehensively summarize evidence about the effectiveness of conservation interventions. We investigated the contribution to management decisions made by this growing body of literature. We identified 43 systematic reviews of conservation evidence, 23 of which drew some concrete conclusions relevant to management. Most reviews addressed conservation interventions relevant to policy decisions; only 35% considered practical on‐the‐ground management interventions. The majority of reviews covered only a small fraction of the geographic and taxonomic breadth they aimed to address (median = 13% of relevant countries and 16% of relevant taxa). The likelihood that reviews contained at least some implications for management tended to increase as geographic coverage increased and to decline as taxonomic breadth increased. These results suggest the breadth of a systematic review requires careful consideration. Reviews identified a mean of 312 relevant primary studies but excluded 88% of these because of deficiencies in design or a failure to meet other inclusion criteria. Reviews summarized on average 284 data sets and 112 years of research activity, yet the likelihood that their results had at least some implications for management did not increase as the amount of primary research summarized increased. In some cases, conclusions were elusive despite the inclusion of hundreds of data sets and years of cumulative research activity. Systematic reviews are an important part of the conservation decision making tool kit, although we believe the benefits of systematic reviews could be significantly enhanced by increasing the number of reviews focused on questions of direct relevance to on‐the‐ground managers; defining a more focused geographic and taxonomic breadth that better reflects available data; including a broader range of evidence types; and appraising the cost‐effectiveness of interventions. Contribuciones de las Revisiones Sistemáticas a las Decisiones de Manejo     

Using Citizen Science Programs to Identify Host Resistance in Pest‐Invaded Forests

Abstract: Threats to native forests from non‐native insects and pathogens (pests) are generally addressed with methods such as quarantine, eradication, biological control, and development of resistant stock through hybridization and breeding. In conjunction with such efforts, it may be useful to have citizen scientists locate rare surviving trees that may be naturally pest resistant or tolerant. The degree of resistance of individual trees identified in this way can be tested under controlled conditions, and the most resistant individuals can be integrated into plant breeding programs aimed at developing pest‐resistant native stock. Involving citizen scientists in programs aimed at identifying rare trees that survive colonization by pests provides a low‐cost means of maximizing search efforts across wide geographic regions and may provide an effective supplement to existing management approaches.     

The Value of Using Feasibility Models in Systematic Conservation Planning to Predict Landholder Management Uptake

Understanding the social dimensions of conservation opportunity is crucial for conservation planning in multiple‐use landscapes. However, factors that influence the feasibility of implementing conservation actions, such as the history of landscape management, and landholders’ willingness to engage are often difficult or time consuming to quantify and rarely incorporated into planning. We examined how conservation agencies could reduce costs of acquiring such data by developing predictive models of management feasibility parameterized with social and biophysical factors likely to influence landholders’ decisions to engage in management. To test the utility of our best‐supported model, we developed 4 alternative investment scenarios based on different input data for conservation planning: social data only; biological data only; potential conservation opportunity derived from modeled feasibility that incurs no social data collection costs; and existing conservation opportunity derived from feasibility data that incurred collection costs. Using spatially explicit information on biodiversity values, feasibility, and management costs, we prioritized locations in southwest Australia to control an invasive predator that is detrimental to both agriculture and natural ecosystems: the red fox (Vulpes vulpes). When social data collection costs were moderate to high, the most cost‐effective investment scenario resulted from a predictive model of feasibility. Combining empirical feasibility data with biological data was more cost‐effective for prioritizing management when social data collection costs were low (<4% of the total budget). Calls for more data to inform conservation planning should take into account the costs and benefits of collecting and using social data to ensure that limited funding for conservation is spent in the most cost‐efficient and effective manner.     

Performance of IUCN proxies for generation length

One of the criteria used by the International Union for Conservation of Nature (IUCN) to assess threat status is the rate of decline in abundance over 3 generations or 10 years, whichever is longer. The traditional method for calculating generation length (T) uses age‐specific survival and fecundity, but these data are rarely available. Consequently, proxies that require less information are often used, which introduces potential biases. The IUCN recommends 2 proxies based on adult mortality rate, = α + 1/d, and reproductive life span, = α + z^*RL, where α is age at first reproduction, d is adult mortality rate, RL is reproductive life span, and z is a coefficient derived from data for comparable species. We used published life tables for 78 animal and plant populations to evaluate precision and bias of these proxies by comparing and with true generation length. Mean error rates in estimating T were 31% for and 20% for , but error rates for were 16% when we subtracted 1 year ( ), as suggested by theory; also provided largely unbiased estimates regardless of the true generation length. Performance of depends on compilation of detailed data for comparable species, but our results suggest taxonomy is not a reliable indicator of comparability. All 3 proxies depend heavily on a reliable estimate of age at first reproduction, as we illustrated with 2 test species. The relatively large mean errors for all proxies emphasized the importance of collecting the detailed life‐history information necessary to calculate true generation length. Unfortunately, publication of such data is less common than it was decades ago. We identified generic patterns of age‐specific change in vital rates that can be used to predict expected patterns of bias from applying .     

Successes and Challenges from Formation to Implementation of Eleven Broad‐Extent Conservation Programs

Integration of conservation partnerships across geographic, biological, and administrative boundaries is increasingly relevant because drivers of change, such as climate shifts, transcend these boundaries. We explored successes and challenges of established conservation programs that span multiple watersheds and consider both social and ecological concerns. We asked representatives from a diverse set of 11 broad‐extent conservation partnerships in 29 countries 17 questions that pertained to launching and maintaining partnerships for broad‐extent conservation, specifying ultimate management objectives, and implementation and learning. Partnerships invested more funds in implementing conservation actions than any other aspect of conservation, and a program's context (geographic extent, United States vs. other countries, developed vs. developing nation) appeared to substantially affect program approach. Despite early successes of these organizations and benefits of broad‐extent conservation, specific challenges related to uncertainties in scaling up information and to coordination in the face of diverse partner governance structures, conflicting objectives, and vast uncertainties regarding future system dynamics hindered long‐term success, as demonstrated by the focal organizations. Engaging stakeholders, developing conservation measures, and implementing adaptive management were dominant challenges. To inform future research on broad‐extent conservation, we considered several challenges when we developed detailed questions, such as what qualities of broad‐extent partnerships ensure they complement, integrate, and strengthen, rather than replace, local conservation efforts and which adaptive management processes yield actionable conservation strategies that account explicitly for dynamics and uncertainties regarding multiscale governance, environmental conditions, and knowledge of the system? Éxitos y Retos de la Formación a la Implementación de Once Programas de Conservación de Amplio Alcance     

Defending the scientific integrity of conservation‐policy processes

Government agencies faced with politically controversial decisions often discount or ignore scientific information, whether from agency staff or nongovernmental scientists. Recent developments in scientific integrity (the ability to perform, use, communicate, and publish science free from censorship or political interference) in Canada, Australia, and the United States demonstrate a similar trajectory. A perceived increase in scientific‐integrity abuses provokes concerted pressure by the scientific community, leading to efforts to improve scientific‐integrity protections under a new administration. However, protections are often inconsistently applied and are at risk of reversal under administrations publicly hostile to evidence‐based policy. We compared recent challenges to scientific integrity to determine what aspects of scientific input into conservation policy are most at risk of political distortion and what can be done to strengthen safeguards against such abuses. To ensure the integrity of outbound communications from government scientists to the public, we suggest governments strengthen scientific integrity policies, include scientists’ right to speak freely in collective‐bargaining agreements, guarantee public access to scientific information, and strengthen agency culture supporting scientific integrity. To ensure the transparency and integrity with which information from nongovernmental scientists (e.g., submitted comments or formal policy reviews) informs the policy process, we suggest governments broaden the scope of independent reviews, ensure greater diversity of expert input and transparency regarding conflicts of interest, require a substantive response to input from agencies, and engage proactively with scientific societies. For their part, scientists and scientific societies have a responsibility to engage with the public to affirm that science is a crucial resource for developing evidence‐based policy and regulations in the public interest.     

Environmental Synergisms and Extinctions of Tropical Species

Abstract: Environmental synergisms may pose the greatest threat to tropical biodiversity. Using recently updated data sets from the International Union for Conservation of Nature (IUCN) Red List, we evaluated the incidence of perceived threats to all known mammal, bird, and amphibian species in tropical forests. Vulnerable, endangered, and extinct species were collectively far more likely to be imperiled by combinations of threats than expected by chance. Among 45 possible pairwise combinations of 10 different threats, 69%, 93%, and 71% were significantly more frequent than expected for threatened mammals, birds, and amphibians, respectively, even with a stringent Bonferroni‐corrected probability value (p= 0.003). Based on this analysis, we identified five key environmental synergisms in the tropics and speculate on the existence of others. The most important involve interactions between habitat loss or alteration (from agriculture, urban sprawl, infrastructure, or logging) and other anthropogenic disturbances such as hunting, fire, exotic‐species invasions, or pollution. Climatic change and emerging pathogens also can interact with other threats. We assert that environmental synergisms are more likely the norm than the exception for threatened species and ecosystems, can vary markedly in nature among geographic regions and taxa, and may be exceedingly difficult to predict in terms of their ultimate impacts. The perils posed by environmental synergisms highlight the need for a precautionary approach to tropical biodiversity conservation.     

Reduced effect of Tasmanian devil facial tumor disease at the disease front

Pathogen-driven declines in animal populations are increasingly regarded as a major conservation issue. The Tasmanian devil (Sarcophilus harrisii) is threatened with extinction by devil facial tumor disease, a unique transmissible cancer. The disease is transmitted through direct transfer of tumor cells, which is possible because the genetic diversity of Tasmanian devils is low, particularly in the major histocompatibility complex genes of the immune system. The far northwest of Tasmania now holds the last remaining disease-free wild devil populations. The recent discovery of unique major histocompatibility complex genotypes in the northwestern region of Tasmania has raised the possibility that some animals may be resilient to the disease. We examined the differences in the epidemiology and population effects of devil facial tumor disease at 3 well-studied affected sites in eastern Tasmania and 1 in western Tasmania (West Pencil Pine). In contrast to the 3 eastern sites, there has been no rapid increase in disease prevalence or evidence of population decline at West Pencil Pine. Moreover, this is the only onsite at which the population age structure has remained unaltered 4 years after the first detection of disease. The most plausible explanations for the substantial differences in population effects and epidemiology of the disease between eastern and western sites are geographic differences in genotypes or phenotypes of devils and functional differences between tumor strains in the 2 regions. We suggest that conservation efforts focus on identifying whether either or both these explanations are correct and then, if resistance alleles exist, to attempt to spread the resistant alleles into affected populations. Such assisted selection has rarely been attempted for the management of wildlife diseases, but it may be widely applicable.     

Use of Congeneric Assessment to Reveal the Linked Genetic Histories of Two Threatened Fishes in the Murray‐Darling Basin,Australia

Abstract: The intensely regulated Murray‐Darling Basin in southeastern Australia is the nation's most extensive and economically important river system, and it contains fragmented populations of numerous fish species. Among these is the Murray hardyhead (Craterocephalus fluviatilis), a species listed as endangered (International Union for Conservation of Nature Red List) in the mid‐1990s prior to its acute decline with the progression of a severe drought that began in 1997. We compared the genetic structure of Murray hardyhead with 4 congeneric species (Darling hardyhead[C. amniculus], Finke hardyhead[C. centralis], Lake Eyre hardyhead[C. eyresii], and unspecked hardyhead[C. stercusmuscarum]), selected on the basis of their taxonomic or biological similarity to Murray hardyhead, in order to affirm species boundaries and test for instances of introgressive hybridization, which may influence species ecology and conservation prospects. We used allozyme (52 loci) and mtDNA markers (1999 bp of ATPase and cytochrome b) to provide a comparative genetic assessment of 139 Murray hardyhead, which represented all extant and some recently extirpated populations, and 71 congeneric specimens from 12 populations. We confirmed that Murray hardyhead and Darling hardyhead are taxonomically distinct and identified a number of potential conservation units, defined with genetic criteria, in both species. We also found allozyme and mtDNA evidence of historic genetic exchange between these 2 allopatric species, apparently involving one population of each species at the geographic edge of the species’ ranges, not in the most proximate populations sampled. Our results provide information on species boundaries and offer insight into the likely causes of high genetic diversity in certain populations, results which are already being used to guide national recovery planning and local action. Given the prevalence of incorrect taxonomies and introgression in many organismal groups, we believe these data point to the need to commence genetic investigations of any threatened species from an initially broad taxonomic focus.     

Trait‐based prediction of extinction risk of small‐bodied freshwater fishes

Small body size is generally correlated with r‐selected life‐history traits, including early maturation, short‐generation times, and rapid growth rates, that result in high population turnover and a reduced risk of extinction. Unlike other classes of vertebrates, however, small freshwater fishes appear to have an equal or greater risk of extinction than large fishes. We explored whether particular traits explain the International Union for Conservation of Nature (IUCN) Red List conservation status of small‐bodied freshwater fishes from 4 temperate river basins: Murray‐Darling, Australia; Danube, Europe; Mississippi‐Missouri, North America; and the Rio Grande, North America. Twenty‐three ecological and life‐history traits were collated for all 171 freshwater fishes of ≤120 mm total length. We used generalized linear mixed‐effects models to assess which combination of the 23 traits best explained whether a species was threatened or not threatened. We used the best models to predict the probability of 29 unclassified species being listed as threatened. With and without controlling for phylogeny at the family level, small body size—among small‐bodied species—was the most influential trait correlated with threatened species listings. The k‐folds cross‐validation demonstrated that body size and a random effect structure that included family predicted the threat status with an accuracy of 78% (SE 0.5). We identified 10 species likely to be threatened that are not listed as such on the IUCN Red List. Small body size is not a trait that provides universal resistance to extinction, particularly for vertebrates inhabiting environments affected by extreme habitat loss and fragmentation. We hypothesize that this is because small‐bodied species have smaller home ranges, lower dispersal capabilities, and heightened ecological specialization relative to larger vertebrates. Trait data and further model development are needed to predict the IUCN conservation status of the over 11,000 unclassified freshwater fishes, especially those under threat from proposed dam construction in the world's most biodiverse river basins.     

A Conceptual Analysis of the Application of Tradable Permits to Biodiversity Conservation

Abstract: Tradable permits have been applied in many areas of environmental policy and may be a response to increasing calls for flexible conservation instruments that successfully conserve biodiversity while allowing for economic development. The idea behind applying tradable permits to conservation is that developers wishing to turn land to economic purposes, thereby destroying valuable habitat, may only do so if they submit a permit to the conservation agency showing that habitat of at least the equivalent ecological value is restored elsewhere. The developer himself does not need to carry out the restoration, but may buy a permit from a third party, thus allowing a market to emerge. Nevertheless, the application of tradable permits to biodiversity conservation is a complex issue because destroyed and restored habitats are likely to differ. There may be various trade‐offs between the ecological requirements that destroyed and restored habitats be as similar as possible, and the need for a certain level of market activity to have a functioning trading system. The success of tradable permits as an instrument for reconciling the conflicts between economic development and conservation depends on the existence of certain economic, institutional, and ecological preconditions, for example, a functioning institutional framework, sufficient expert knowledge, and adequate monitoring and enforcement mechanisms.     

The contribution of policy,law, management,research, and advocacy failings to the recent extinctions of three Australian vertebrate species

Extinctions typically have ecological drivers, such as habitat loss. However, extinction events are also influenced by policy and management settings that may be antithetical to biodiversity conservation, inadequate to prevent extinction, insufficiently resourced, or poorly implemented. Three endemic Australian vertebrate species—the Christmas Island pipistrelle (Pipistrellus murrayi), Bramble Cay melomys (Melomys rubicola), and Christmas Island forest skink (Emoia nativitatis)—became extinct from 2009 to 2014. All 3 extinctions were predictable and probably preventable. We sought to identify the policy, management, research, and other shortcomings that contributed to their extinctions or failed to prevent them. These included a lack within national environmental legislation and policy of explicit commitment to the prevention of avoidable extinctions, lack of explicit accountability, inadequate resources for conservation (particularly for species not considered charismatic or not of high taxonomic distinctiveness), inadequate biosecurity, a slow and inadequate process for listing species as threatened, recovery planning that failed to consider the need for emergency response, inability of researchers to identify major threatening factors, lack of public engagement and involvement in conservation decisions, and limited advocacy. From these 3 cases, we recommend: environmental policy explicitly seeks to prevent extinction of any species and provides a clear chain of accountability and an explicit requirement for public inquiry following any extinction; implementation of a timely and comprehensive process for listing species as threatened and for recovery planning; reservation alone not be assumed sufficient to maintain species; enhancement of biosecurity measures; allocation of sufficient resources to undertake actions necessary to prevent extinction; monitoring be considered a pivotal component of the conservation response; research provides timely identification of factors responsible for decline and of the risk of extinction; effective dissemination of research results; advocacy by an informed public for the recovery of threatened species; and public involvement in governance of the recovery process. These recommendations should be applicable broadly to reduce the likelihood and incidence of extinctions.     

Mitigating the Effect of Development on Bats in England with Derogation Licensing

The Convention on Biological Diversity has catalyzed worldwide awareness of threats to biological diversity and stimulated global conservation strategies. These have led to national and international legislation and have generated debate about the most effective conservation actions. Under the EU Habitats Directive, all member states are obliged to establish a system for strict protection of species listed in Annex IV(a), which includes all bats. In England, this obligation has resulted in legislation that allows for derogation from strict protection under license, provided activities are undertaken to mitigate any potential negative effects on bat numbers. We used an evidence‐based approach to assess the cost‐effectiveness of mitigation strategies and the English bat‐derogation licensing process as a whole. We analyzed data from 389 bat derogation licenses issued in England from 2003 to 2005 relating to 1776 roosts and 15 species to determine the nature and extent of development and mitigation activities and their effects on bats. Overall the effects of licensed activities on roosts were negative. Despite the level of protection afforded to bats, the majority (68%) of roosts for which derogation licenses were issued were destroyed. There were species‐specific differences in the probability of roosts being destroyed, and impacts on roosts did not reflect a species’ conservation status. Information provided by licensees was inadequate and inconsistent. Most licensees (67%) failed to submit postdevelopment reports, and postdevelopment monitoring was conducted at only 19% of sites. Despite a minimum of £4.13 million spent on mitigation structures for bats from 2003 to 2005, it was unclear whether the licensing process meets EU obligations. On the basis of our results, we believe there is a need to overhaul the licensing process, to establish a comprehensive, standardized postdevelopment monitoring system, and to demonstrate that mitigation is commensurate with Britain's legal obligations. Mitigando el Efecto del Desarrollo sobre los Murciélagos en Inglaterra con Licencias de Derogación     

The role of scientists in statutory interpretation of the U.S. Endangered Species Act

Like many federal statutes, the U.S. Endangered Species Act (ESA) contains vague or ambiguous language. The meaning imparted to the ESA's unclear language can profoundly impact the fates of endangered and threatened species. Hence, conservation scientists should contribute to the interpretation of the ESA when vague or ambiguous language contains scientific words or refers to scientific concepts. Scientists need to know at least these 2 facts about statutory interpretation: statutory interpretation is subjective and the potential influence of normative values results in different expectations for the parties involved. With the possible exception of judges, all conventional participants in statutory interpretation are serving their own interests, advocating for their preferred policies, or biased. Hence, scientists can play a unique role by informing the interpretative process with objective, policy‐neutral information. Conversely, scientists may act as advocates for their preferred interpretation of unclear statutory language. The different roles scientists might play in statutory interpretation raise the issues of advocacy and competency. Advocating for a preferred statutory interpretation is legitimate political behavior by scientists, but statutory interpretation can be strongly influenced by normative values. Therefore, scientists must be careful not to commit stealth policy advocacy. Most conservation scientists lack demonstrable competence in statutory interpretation and therefore should consult or collaborate with lawyers when interpreting statutes. Professional scientific societies are widely perceived by the public as unbiased sources of objective information. Therefore, professional scientific societies should remain policy neutral and present all interpretations of unclear statutory language; explain the semantics and science both supporting and contradicting each interpretation; and describe the potential consequences of implementing each interpretation. A review of scientists’ interpretations of the phrase “significant portion of its range” in the ESA is used to critique the role of scientists and professional societies in statutory interpretation.     

Current practices in the identification of critical habitat for threatened species

The term critical habitat is used to describe the subset of habitat that is essential to the survival and recovery of species. Some countries legally require that critical habitat of listed threatened and endangered species be identified and protected. However, there is little evidence to suggest that the identification of critical habitat has had much impact on species recovery. We hypothesized that this may be due at least partly to a mismatch between the intent of critical habitat identification, which is to protect sufficient habitat for species persistence and recovery, and its practice. We used content analysis to systematically review critical habitat documents from the United States, Canada, and Australia. In particular, we identified the major trends in type of information used to identify critical habitat and in occupancy of habitat identified as critical. Information about population viability was used to identify critical habitat for only 1% of the species reviewed, and for most species, designated critical habitat did not include unoccupied habitat. Without reference to population viability, it is difficult to determine how much of a species’ occupied and unoccupied habitat will be required for persistence. We therefore conclude that the identification of critical habitat remains inconsistent with the goal of protecting sufficient habitat to support persistence and recovery of the species. Ensuring that critical habitat identification aligns more closely with its intent will improve the accuracy of the designations and may therefore help improve the benefits to species recovery when combined with adequate implementation and enforcement of legal protections.