Habitat Conservation Plans Under the U.S. Endangered Species Act: The Legal Perspective

Habitat Conservation Plans under the federal Endangered Species Act have become an increasingly popular tool for resolving conflicts between land development and species conservation. Their primary purpose, however, is legal and regulatory rather than biological. They are what landowners must prepare in order to obtain a permit to "take" animals listed by the U.S. Fish and Wildlife Service as threatened or endangered. Unfortunately, many professionals involved in the HCP process aren't sufficiently cognizant of the legal and regulatory functions and the purposes and limitations of HCPs. I provide an overview of the regulatory structure of the ESA, the role HCPs play in that structure, and the specific legal requirements associated with HCPs. I then discuss the practice of crafting an HCP and the most common issues that arise in the process. Finally, I assess several very fundamental current problems with the HCP program, problems that threaten to undermine the HCP program to such a degree as to end its utility to landowners and thereby end the tremendous conservation opportunities the HCP program represents.     

Quantifying Florida Bay Habitat Suitability for Fishes and Invertebrates Under Climate Change Scenarios

The Florida Bay ecosystem supports a number of economically important ecosystem services, including several recreational fisheries, which may be affected by changing salinity and temperature due to climate change. In this paper, we use a combination of physical models and habitat suitability index models to quantify the effects of potential climate change scenarios on a variety of juvenile fish and lobster species in Florida Bay. The climate scenarios include alterations in sea level, evaporation and precipitation rates, coastal runoff, and water temperature. We find that the changes in habitat suitability vary in both magnitude and direction across the scenarios and species, but are on average small. Only one of the seven species we investigate (Lagodon rhomboides, i.e., pinfish) sees a sizable decrease in optimal habitat under any of the scenarios. This suggests that the estuarine fauna of Florida Bay may not be as vulnerable to climate change as other components of the ecosystem, such as those in the marine/terrestrial ecotone. However, these models are relatively simplistic, looking only at single species effects of physical drivers without considering the many interspecific interactions that may play a key role in the adjustment of the ecosystem as a whole. More complex models that capture the mechanistic links between physics and biology, as well as the complex dynamics of the estuarine food web, may be necessary to further understand the potential effects of climate change on the Florida Bay ecosystem.     

Risk and Uncertainty of Losing Suitable Habitat Areas Under Climate Change Scenarios: A Case Study for 109 Gymnosperm Species in China

Environmental Management - Taking 109 gymnosperm species in China as a case, the uncertainty and risk of losing habitat areas of gymnosperm species under future climate conditions were investigated...     

U.S. Natural Resources and Climate Change: Concepts and Approaches for Management Adaptation

Public lands and waters in the United States traditionally have been managed using frameworks and objectives that were established under an implicit assumption of stable climatic conditions. However, projected climatic changes render this assumption invalid. Here, we summarize general principles for management adaptations that have emerged from a major literature review. These general principles cover many topics including: (1) how to assess climate impacts to ecosystem processes that are key to management goals; (2) using management practices to support ecosystem resilience; (3) converting barriers that may inhibit management responses into opportunities for successful implementation; and (4) promoting flexible decision making that takes into account challenges of scale and thresholds. To date, the literature on management adaptations to climate change has mostly focused on strategies for bolstering the resilience of ecosystems to persist in their current states. Yet in the longer term, it is anticipated that climate change will push certain ecosystems and species beyond their capacity to recover. When managing to support resilience becomes infeasible, adaptation may require more than simply changing management practices—it may require changing management goals and managing transitions to new ecosystem states. After transitions have occurred, management will again support resilience—this time for a new ecosystem state. Thus, successful management of natural resources in the context of climate change will require recognition on the part of managers and decisions makers of the need to cycle between “managing for resilience” and “managing for change.”     

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.     

Conservation and Management for Multiple Species: Integrating Field Research and Modeling into Management Decisions

Multiple-species reserves aim at supporting viable populations of selected species. Population viability analysis (PVA) is a group of methods for predicting such measures as extinction risk based on species-specific data. These methods include models that simulate the dynamics of a population or a metapopulation. A PVA model for the California gnatcatcher in Orange County was developed with landscape (GIS) data on the habitat characteristics and requirements and demographic data on population dynamics of the species. The potential applications of this model include sensitivity analysis that provides guidance for planning fieldwork, designing reserves, evaluating management options, and assessing human impact. The method can be extended to multiple species by combining habitat suitability maps for selected species with weights based on the threat faced by each species, and the contribution of habitat patches to the persistence of each species. These applications and extensions, together with the ability of the model to combine habitat and demographic data, make PVA a powerful tool for the design, conservation, and management of multiple species reserves.     

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.     

Farmer Participation in U.S. Farm Bill Conservation Programs

Conservation policy in agricultural systems in the United States relies primarily on voluntary action by farmers. Federal conservation programs, including the Environmental Quality Incentives Program, offer incentives, both financial and technical, to farmers in exchange for adoption of conservation practices. Understanding motivations for (as well as barriers to) participation in voluntary programs is important for the design of future policy and effective outreach. While a significant literature has explored motivations and barriers to conservation practice adoption and participation in single programs, few studies in the U.S. context have explored general participation by farmers in one place and time. A mixed-methods research approach was utilized to explore farmer participation in all U.S. Farm Bill programs in Indiana. Current and past program engagement was high, with nearly half of survey respondents reporting participation in at least one program. Most participants had experience with the Conservation Reserve Program, with much lower participation rates in other programs. Most interview participants who had experience in programs were motivated by the environmental benefits of practices, with incentives primarily serving to reduce the financial and technical barriers to practice adoption. The current policy arrangement, which offers multiple policy approaches to conservation, offers farmers with different needs and motivations a menu of options. However, evidence suggests that the complexity of the system may be a barrier that prevents participation by farmers with scarce time or resources. Outreach efforts should focus on increasing awareness of program options, while future policy must balance flexibility of programs with complexity.     

珍稀濒危植物保护政策初探

本文根据我国珍稀濒危植物的保护现状和管理工作中存在的问题,系统地探讨了加强我国珍稀濒危植物和野生植物资源保护的政策措施。文中提出一系列具体、有效的政策构思,以及建立政府有关主管部门对珍稀濒危植物协调管理的体制等。     

Impending Recovery of Kirtland's Warbler: Case Study in the Effectiveness of the Endangered Species Act

Dendroica kirtlandii ). This particular recovery program actually began before passage of the federal ESA, when biologists alerted the Michigan Department of Natural Resources of the perilously low population of this bird, which only breeds under jack pine (Pinus banksiana) trees in Michigan. By the time an ESA Recovery Team was formed for this bird in 1975 (the first such team created under the ESA), a legacy of consensus and interagency cooperation was well established. This has led to successful efforts at habitat management and control of its nest parasite, the brown-headed cowbird (Molothrus ater). While the Kirtland's warbler is not yet recovered, its population is near an all-time high, and its recovery is possible within the next decade. When (and if) this happens, it will be clearly attributable to this successful model of federalism for natural resources management.     

The meaning of the National Environmental Policy Act within the U.S. Forest Service

We conducted a survey of 3321 Forest Service employees involved in compliance with the National Environmental Policy Act (NEPA) followed by five focus groups to investigate agency views of the purpose of agency NEPA processes and their appropriate measures of success. Results suggest the lack of a unified critical task for Forest Service NEPA processes and that employees' functions relevant to NEPA influence their views of its meaning. Compared to other agency personnel, members of interdisciplinary teams who carry out most day-to-day NEPA-related tasks placed greater emphasis on minimizing negative environmental and social impacts, satisfying multiple stakeholders and avoiding litigation and appeals. Line officers, who typically serve as the decision makers following NEPA processes, placed greatest emphasis on efficient implementation and least emphasis on minimizing impacts. Advisory personnel placed greatest emphasis on effective disclosure of analyses and decision-making. We discuss the structural origins of these differences as well as their implications.     

贵州山区珍稀观赏植物物种多样性濒危现状及保护

贵州山区是我国一个植物多样性较丰富的地区,仅野生观赏植物(含园林及行道绿化,美化树种)就有300多种,其中120多种属珍稀受危观赏物种。文章着重对36种主要珍稀濒危观赏植物的分布、生境、濒危类型、程度等进行了分析,并从观赏植物本身的生理生态习性、贵州山区生境本底的严酷性(土壤瘠薄,可有效利用的地表水匮乏等)、人类不合理干扰活动(如过渡采收、毁林垦荒等)方面探讨了该地区观赏植物多样性的受危原因。在此基础上,结合目前西部大开发中生态建设的要求,提出了该地区受危观赏植物的保护对策。     

The Adaptation for Conservation Targets (ACT) Framework: A Tool for Incorporating Climate Change into Natural Resource Management

As natural resource management agencies and conservation organizations seek guidance on responding to climate change, myriad potential actions and strategies have been proposed for increasing the long-term viability of some attributes of natural systems. Managers need practical tools for selecting among these actions and strategies to develop a tailored management approach for specific targets at a given location. We developed and present one such tool, the participatory Adaptation for Conservation Targets (ACT) framework, which considers the effects of climate change in the development of management actions for particular species, ecosystems and ecological functions. Our framework is based on the premise that effective adaptation of management to climate change can rely on local knowledge of an ecosystem and does not necessarily require detailed projections of climate change or its effects. We illustrate the ACT framework by applying it to an ecological function in the Greater Yellowstone Ecosystem (Montana, Wyoming, and Idaho, USA)-water flows in the upper Yellowstone River. We suggest that the ACT framework is a practical tool for initiating adaptation planning, and for generating and communicating specific management interventions given an increasingly altered, yet uncertain, climate.     

Environmental Management and the New Politics of Western Water: The Animas-La Plata Project and Implementation of the Endangered Species Act

/ This paper explores the new politics of western water policy through an examination of the Animas-La Plata water project and implementation of the Endangered Species Act. It is suggested that the focus of western water programming has shifted from the source of distributed funds, the United States Congress, to the agencies originally created to deliver federal benefits because funding for new project construction has not been forthcoming. Under this new system, members of Congress continue to excite their constituents with promises of money for new project starts, while the administrative agencies perform the myriad duties needed to keep these projects alive. The result is that political objectives have replaced operational/management objectives in administrative processes. In this case, the author demonstrates how resource managers in the Bureau of Reclamation manipulated hydrological analysis to control administrative process, why their manipulation was unfair, and perhaps illegal, and why biologists from the US Fish and Wildlife Service accepted the analysis. While ostensibly protecting all interests, the result is that none of the objectives of federal water programming are achieved. KEY WORDS: Environmental management; Administrative politics; Water policy; Endangered Species Act; Animas-La Plata, Bureau of Reclamation     

Serving the Common Interest in U.S. Forest Policy: A Case Study of the Healthy Forests Restoration Act

In the United States, the common interest often is conceived as a by-product of the pluralist, interest-group-driven democratic process. Special interests dominate in many political arenas. Consequently, we have lost the language, vocabulary, and ability to talk about the common interest. The way to reverse this trend is to develop and practice with new tools that allow us to articulate what we mean by the common interest in specific contexts. In this article, we leveraged the literature on procedural, substantive, and pragmatic decision making to illustrate how they work together to demonstrate whether and how the common interest was served in three case studies of Healthy Forests Restoration Act implementation on the Apache-Sitgreaves National Forest in Arizona. In two of the cases we found that the common interest was mostly served, while in the third case it was not. Our results raise questions about the ability of procedural criteria or substantive criteria alone to determine effectiveness in decision making. When evaluated together they provide a more complete understanding of how the common interest is or is not served.

An Evaluation of Qualitative Indexes of Physical Habitat Applied to Agricultural Streams in Ten U.S. States1

Hughes, Robert M., Alan T. Herlihy, and Philip R. Kaufmann, 2010. An Evaluation of Qualitative Indexes of Physical Habitat Applied to Agricultural Streams in Ten U.S. States. Journal of the American Water Resources Association (JAWRA) 46(4): 792-806. DOI: 10.1111/j.1752-1688.2010.00455.x Abstract: Assessment of stream physical habitat condition is important for evaluating stream quality globally. However, the diversity of metrics and methods for assessing physical habitat condition confounds comparisons among practitioners. We surveyed 51 previously sampled stream sites (0.0-6.3 m wide) located in regions of row-crop agriculture in Oregon, California, North Dakota, South Dakota, Nebraska, Iowa, Minnesota, Pennsylvania, Maryland, and West Virginia to evaluate the comparability of four indexes of physical habitat condition relative to each other. We also compared the indexes to previously calculated indexes of fish and macroinvertebrate condition. The physical habitat indexes included the Stream Visual Assessment Protocol Version 2 of the Natural Resources Conservation Service, the qualitative habitat evaluation index of the Ohio Environmental Protection Agency, the rapid bioassessment protocol of the United States Environmental Protection Agency (USEPA), and a qualitative physical habitat index based on USEPA quantitative physical habitat measurements. All four indexes were highly correlated with each other, but low-to-moderately correlated with biotic index scores for fish and macroinvertebrate assemblages. Moderately high correlations occurred between some macroinvertebrate biotic index scores and quantitative metrics. We conclude that additional research is needed to increase the predictive and diagnostic capabilities of qualitative physical habitat indexes.     

Approaches to Evaluating Climate Change Impacts on Species: A Guide to Initiating the Adaptation Planning Process

Assessing the impact of climate change on species and associated management objectives is a critical initial step for engaging in the adaptation planning process. Multiple approaches are available. While all possess limitations to their application associated with the uncertainties inherent in the data and models that inform their results, conducting and incorporating impact assessments into the adaptation planning process at least provides some basis for making resource management decisions that are becoming inevitable in the face of rapidly changing climate. Here we provide a non-exhaustive review of long-standing (e.g., species distribution models) and newly developed (e.g., vulnerability indices) methods used to anticipate the response to climate change of individual species as a guide for managers grappling with how to begin the climate change adaptation process. We address the limitations (e.g., uncertainties in climate change projections) associated with these methods, and other considerations for matching appropriate assessment approaches with the management questions and goals. Thorough consideration of the objectives, scope, scale, time frame and available resources for a climate impact assessment allows for informed method selection. With many data sets and tools available on-line, the capacity to undertake and/or benefit from existing species impact assessments is accessible to those engaged in resource management. With some understanding of potential impacts, even if limited, adaptation planning begins to move toward the development of management strategies and targeted actions that may help to sustain functioning ecosystems and their associated services into the future.