美国《濒危物种法》对联邦机构的要求--美国《濒危物种法》第七章浅析

目前，在世界范围内，美国《濒危物种法》可以说是物种保护方面最强有力的国内立法，它规定了两项国家政策，其一就是要求所有的联邦部门和机关都必须努力保护濒危物种并运用其权力促进《濒危物种法》立法宗旨的实现。本文简要介绍美国《濒危物种法》的历史发展和其第七章的主要内容，分析美国《濒危物种法》对联邦机构在物种保护中的要求。     

Critical habitat designation for Canadian listed species: Slow,biased, and incomplete

Although endangered species legislation can be a powerful tool for protecting species, such laws are only as good as their implementation. Under the Canadian Species at Risk Act, Critical Habitat is designated in a Recovery Strategy as the habitat required for the recovery or survival of a listed species. We examined the finalized Recovery Strategies for 234 species and we found poor implementation of Critical Habitat designation for Canadian species. Most listed species (62.9%) lack Critical Habitat; only 11.8% have full Critical Habitat. Many species with Critical habitat obtained it years later than the statutory requirements. Designation is biased taxonomically, by major habitat type, and by lead agency. These results echo findings from the US Endangered Species Act, despite differences between the laws in when designation is supposed to occur. Additional funding and expertise would likely help reduce these delays. We also strongly encourage designation even in the face of incomplete information because of the significant negative consequences that can result from failure to protect the habitat of species at risk of extinction.     

Pre-listing conservation of candidate species under the endangered species act: An evaluation of prevalence,accessibility, and market-based conservation efforts

In 2011, a legal settlement required the U.S. Fish and Wildlife Service (USFWS) to develop a series of work plans to assess a backlog of candidate species for protection under the U.S. Endangered Species Act. Using the resulting USFWS Fiscal Year 2013–2018 work plan, which included 261 candidate species, we identified and analyzed pre-listing candidate conservation plans (PLCP) to determine their characteristics and evaluate the use of market-based mechanisms. Among the 34 PLCPs identified, we found that species-based conservation plans were more common than habitat-based plans, and market-based conservation approaches were infrequently implemented. Inconsistencies in plan documentation were present throughout the USFWS’s online portal, and not all documentation was publicly accessible. Lastly, we found that many states had implemented their own endangered species programs or initiated conservation plans through a state agency. Our work informs the recently-adopted USFWS pre-listing conservation policy and highlights needed improvements in tracking large numbers of at-risk species as they become the subject of regulations. Increased transparency and consistency in conservation plan databases, coupled with increased accessibility, will improve future at-risk species planning.     

Advancing indigenous self-determination through endangered species protection: Idaho gray wolf recovery

As part of the right of indigenous cultures to self-determination, several international bodies have recognized and addressed the role of indigenous communities in natural resources management, including the conservation of biodiversity. In the United States, disagreements regarding the application of the federal Endangered Species Act to Native American tribes have hindered the relationship between the federal and tribal governments on endangered species recovery. Our research examines the efforts of one Native American tribe, the Nez Perce, and the United States federal government to collaborate on federal gray wolf recovery in central Idaho. We interviewed members of the Nez Perce Tribe and U.S. Fish and Wildlife Service to characterize their relationship and explore the context in which the recovery program was implemented. Respondents attributed the success of the biological aspects of wolf recovery to the robustness of the wolf as a species and to close interagency coordination at the operational level. However, differences of opinion existed between the Tribe and Service concerning program funding, policy planning, and the rights and role of the Tribe in wolf management via co-management and cooperative management regimes. Respondents from both governments noted a clear hierarchical relationship at the strategic level, where policy planning and decision-making rested with the federal government. Lessons drawn from this case study can be applied across the international spectrum to improving partnerships, particularly at the strategic level, between indigenous and non-indigenous governance structures for protecting endangered species.     

Threatened species listing as a trigger for conservation action

Legislative listing schemes, under which the listing of a species as threatened automatically triggers command regulation and/or recovery planning, raise significant issues for policy makers. In this paper, we explore strategies for factoring considerations beyond the empirical assessment of a species’ conservation status into the resource allocation decisions that flow from listing. Even in threatened species legislation that appears to prioritise species conservation over socio-economic considerations by creating an automatic nexus between listing and conservation response, there are significant pressure valves that allow the latter to exercise a significant influence on decisions in practice. We critically examine two other techniques currently used in legislation that allow a broader range of considerations to be factored into resource allocation decisions: abandoning the automatic triggering of resource allocation by listing; and taking into account a broader range of considerations in the listing decision itself. We conclude by outlining the framework for a strategic approach to the allocation of conservation resources. This has three limbs to it: recovery plans that identify what needs to be done to bring about recovery, in addition to what available resources will allow us to do; a system for prioritising between the implementation of recovery plans; and the integration of threatened species conservation into strategic land use planning processes.     

Performance of the species listed in the European Community ‘Habitats’ Directive as indicators of species richness in Denmark

The ‘Habitats’ Directive is a contribution of the European Community to the conservation of biodiversity. Species listed in Annex II of the Directive are the basis for the designation of a European reserve network (along with Annex I natural habitat types, not tested here). The indicator potential of the Annex II species occurring in Denmark for capturing and representing other Danish species is tested. Species listed in Annex IV were also analysed as they should receive ‘strict protection’ according to the directive. Further, the location of Danish reserves was compared to an optimal solution for maximum representation of Annex II species. Areas representing Danish Annex II species at least five times also represent other known Danish species effectively (with the possible exception of plants). Areas representing Annex II+IV species at least five times represented other Danish species even more effectively. Species richness in member states with similar species distributions may benefit from early incorporation of Annex IV in the designation process. The Danish reserves were not optimally located in respect to maximum representation of Annex II species. Nevertheless, the effectiveness of Danish reserves at representing other Danish species was equivalent to the effectiveness of the near-optimal area solution for Annex II species tested here.     

从美国《濒危物种法》对我国《野生动物保护法》的反思

濒危物种是人类的宝贵遗产，各国在1973年的濒危动植物种国际贸易公约(简称CITES)影响下，纷纷制定国内法以期有效保护和管理濒危物种。仅就1973年美国《濒危物种法》和1988年我国《野生动物保护法》的某些方面作一初步比较，寻求差异的原因，希望对我国濒危物种立法完善有所裨益。     

Reflecting ecological criteria in laws supporting the Baja to Bering Sea marine protected areas network case study

Canadian and US marine conservation law, and other related law, was analyzed to determine if it reflected ecological criteria needed to implement connectivity among marine protected areas of the northeast Pacific in the proposed trilateral Baja to Bering Sea (B2B) initiative. The analysis included both nations’ federal laws and those of California, Oregon, Washington, Alaska, and British Columbia. While legal provisions exist already to implement marine protected areas for varying reasons, there is little capacity in most laws to create connectivity among them for conservation purposes. Only California's legislation contained explicit provisions for all the criteria. Other federal, state, and provincial laws, while containing provisions for species at risk and vulnerable habitats, generally lacked explicit provisions for the vital criteria, size of area, migratory patterns, and recruitment patterns. Implementation, future management, and protection of the proposed B2B marine network would be facilitated by amendment of both Canadian and US laws. Some of the ecological criteria are already implied implicitly or vaguely, but they need to be made explicit in the amended law. The legislative model of California could serve as a template for amending the laws of other jurisdictions in the B2B venture.     

Effects of forest policy on landscape pattern of late-seral forest of the Western Olympic Peninsula,Washington

Forest harvest policies and regulations in the Pacific Northwest region of the United States have changed considerably across all land ownerships over the last 25 years, primarily in response to concerns over threatened and endangered species. For example, in July 2001, Washington State adopted new forest practice rules for private ownerships, which were aimed primarily at improving habitat for aquatic and riparian species. Before adopting the new rules, an environmental impact assessment was conducted in which three alternatives were considered in detail for their contributions to riparian habitat. Implications for upland species were not considered, although riparian protection has the potential to make contributions to habitat for obligate late-seral species.Effects of the three management alternatives were projected on private lands 200 years into the future, holding constant current practices on other lands managed for timber (federal, tribal, and state). The resulting distribution of late-seral forest across the Western Olympic Peninsula was compared. Simulations predicted that late-seral forest would cover between 39 and 48% of the landscape, well above the 8% that it currently occupies. Five to 21% of this late-seral forest would be on private lands (compared to <1% currently), and 71–85% on public lands (compared to 91% currently). Landscape pattern analysis indicated that the total amount of late-seral forest was significantly different among the three scenarios. However, there was no discernible difference in interior forest area, edge density, and mean distance between patches between a “no-action” alternative and the alternative that was ultimately adopted into rule. The most protective alternative had significantly more interior forest area and greater mean distance between patches, but it also had significantly higher edge density as a result of the linear nature of the riparian reserves and small patches of steep, unstable slopes. Our analysis framework will be useful for evaluating the effects of alternative management scenarios on landscape pattern across broad geographic areas with complex ownership.     

Canadian Federal Government requirements and support tools for pollution prevention planning

This paper reviews the Canadian federal government's requirements and support tools for pollution prevention planning under Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). It explains the requirements and provisions, their statutory basis and the means of invoking them, and notes the extent of their use to date. It outlines the existing support tools for pollution prevention planning (including the model plan and guidelines) under CEPA 1999, their nature and where to get them. The paper concludes by identifying areas for future research.     

美国的环境立法

通过对美国环境立法发展状况的分析,阐述了美国环境法规的特点,及其在国家加强行政环境管理等方面的作用。立法不完善,是美国环境立法的主要问题。     

Responding to scientific uncertainty in U.S. forest policy

Scientific uncertainty plays a significant role in forest policy and planning. Ecological complexity, the gap between science and policy, and public perceptions of science all contribute to the challenge of dealing with scientific uncertainty. This paper provides an overview of the role of scientific uncertainty in U.S. forest policy and an analysis of the requirements for responding to uncertainty under the National Forest Management Act, National Environmental Policy Act, and Endangered Species Act. The analysis includes a review of a broad range of literature and relevant statutory and regulatory language, along with several illustrative examples of case law. Findings include that all three laws allow for considerable agency discretion in cases of scientific uncertainty, and none prescribes a particular response to uncertainty. Approaches such as adaptive management may provide a way to proceed despite uncertainty, and while this approach represents something of a new paradigm in public land management, it is not incompatible with the current legal framework. The article concludes with recommendations, such as increased transparency and changes in the norms of judicial review, for increasing the accountability of decisions when uncertainty is involved. Also considered are other suggestions, such as peer-review, Daubert standards, and Bayesian inference techniques.     

中国兜兰属宽瓣亚属植物生存现状及保护成效

为明确兜兰属(Paphiopedilum)宽瓣亚属(Subgenus.Brachypetalum)植物各物种在我国的生存现状与濒危状况,在大量的野外调查和文献、标本数据收集的基础上,对其种群分布、数量、生境特征、市场贸易、受威胁因素、保护现状与保护成效进行统计分析,并依据《IUCN红色名录等级和标准(3.1版)》对该类群的濒危等级进行重新评估.结果表明,野外调查到硬叶兜兰(Paphiopedilum.micranthum)、麻栗坡兜兰(P.malipoense)、杏黄兜兰(P.armeniacum)、白花兜兰(P.emersonii)、巨瓣兜兰(P.bellatulum)、文山兜兰(P.wenshanense)、同色兜兰(P.concolor)7个目标物种,已知分布于我国50个县(市、区),共计194个自然分布点.宽瓣亚属植物在我国水平方向上主要分布于滇东南、黔西南、黔东北、滇西北、桂北与黔南交界处以及桂西北至桂西南等地区;垂直方向上集中分布于中高海拔段(780~1267m),平均海拔997m;在全国大尺度上,该亚属整体呈零散分布,区域小尺度上个体呈聚集生长;其小生境具有高海拔、透水、透气、喜阴、喜钙的特点.市场调查的贸易率为36.67%,贸易价格高低不等,具有较强的随机性;贸易来源主要为野外采挖,占贸易数量的88.32%,具有较强的地域性;贸易方式为现场和线上网络交易,具有较强的灵活性.该类群主要受到采挖和生境退化的威胁,分别占所有分布点的44.85%、29.83%.宽瓣亚属整体就地保率仅为34.53%,保护成效为一般保护;调查的29个保育地中,有20个保育地对该类群累计保育98次,除文山兜兰和绿叶兜兰外,其他7种迁地保护成效被评估为合适.巨瓣兜兰、文山兜兰由原来的濒危(EN)评估为极危(CR);麻栗坡兜兰、白花兜兰、杏黄兜兰评估等级未发生变化,仍为极危(CR);硬叶兜兰和同色兜兰由原来的易危(VU)评估为濒危(EN);德氏兜兰、绿叶兜兰被评为数据缺乏(DD).     

重庆的国家重点保护植物研究

基于《中国植物红皮书》第一、二册名录，重庆有国家重点保护植物７７种，隶属于４７科，７１属。根据第一批公布的国家重点保护植物，重庆有５２种４９属３２科；其中一级５种，二级２４种，三级２３种，濒危６种，稀有２１种，渐危２５种。水平分布有三个中心，即大巴山南缘地区、武陵山区、大娄山北缘地区。论文最后提出了珍稀濒危植物的保护措施。     

珍稀濒危植物与云南的生物多样性保护

珍稀濒危植物是云南生物多样性最重要的组成部分之一，除了包括国家和云南省分布的重点保护植物外，还应包括国际公约保护的种类，以及数量稀少的狭域特有种，估计云南的珍稀濒危植物约1500－2000种，提出了云南珍稀濒危植物的关键地区，论述了珍稀濒危植物在自然保护区的申报，规划和管理方面的作用，强调加强珍稀濒危植物的迁地保护。大力开展珍稀濒危植物的保护和研究工作，对于有效保护运动贩生物多样性，管理好自然保护区，提高云南在全国生物多样性保护工作中的显示度，将起到十分积极的作用。     

区域物种保育更新服务功能综合评估

物种保育更新及生物多样性维持是生态系统服务功能综合评估的热点和难点问题.鉴于当前物种保育更新服务功能综合评估技术方法体系及实际应用过程中区域可比较性的不足削弱了生物多样性的有效监管,以物种保育更新服务功能为研究对象,基于物种濒危程度、生态保护成效、核算结果可重复及陆海统一这4项评估原则,借鉴能值理论构建了综合考虑物种更新率、生境质量调整系数、不同濒危等级指数和单个物种能值转换率的评估方法,并以厦门市陆地和海洋的物种为研究案例,将2010作为基准年、2015年为评估年进行综合评估.结果表明:评估年相比基准年陆地物种保育更新服务的能值量由1.14×1020 sej增至1.21×1020 sej,海洋由1.56×1020 sej增至3.32×1020 sej,海洋变化程度较陆地显著.厦门市北部山区较南部沿海区域生境质量维持较好,2010—2015年期间整体变化趋好,局部受到轻微扰动.厦门陆地与海洋历史时期出现且纳入计算的动植物物种数为5 110种,其中陆地物种数为1 321种,海洋物种数为3 879种,而中国特有种和福建省重点保护物种为物种数占比最多的保护等级.研究显示,陆地物种受保护等级程度较高,面临受威胁和濒危的物种也较多,各类保护等级对物种保育作用显著;修正的综合评估方法体系能够弥补生态系统服务主流化研究的不足,可为生物多样性保护的规范性与科学性提供参考价值.      

Area protection in Antarctica: How can conservation and scientific research goals be managed compatibly?

The footprint of human activities within Antarctica is increasing, making it essential to consider whether current conservation/protection of environmental and scientific values is adequate. The Antarctic protected area network has developed largely without any clear strategy, despite scientific attempts to promote protection of representative habitats. Many Antarctic Specially Protected Area (ASPA) Management Plans do not state clearly if conservation or science is the priority objective. This is problematic as science and conservation may have conflicting management requirements, i.e. visitation may benefit science, but harm conservation values. We examined recent estimated mean annual levels of visitation to ASPAs. On average, ASPAs protecting scientific research interests were visited twice as often as ASPAs conserving Antarctic habitat and biological communities. However, ASPAs protecting both science and conserving habitat were visited three times as often as ASPAs conserving habitat alone. Examination of visitation data showed that the proportion of visitors entering ASPAs for science, environmental management and/or education and tourism purposes, did not reflect the primary reason for designation, i.e. for science and/or conservation. One third of APSAs designated since the Environmental Protocol entered into force (1998) did not describe clearly the main reason for designation. Policy makers should consider (i) for all Management Plans stating unambiguously the reason an area has ASPA designation, e.g. either to protect habitat/environmental values or scientific research, in accordance with adopted guidance, (ii) designating new protected areas where visitation is kept to an absolute minimum to ensure the long-term conservation of Antarctic species and habitats without local human impacts (possibly located far from areas of human activity), and (iii) encouraging the use of zoning in ASPAs to help facilitate the current and future requirements of different scientific disciplines.     

基于选择试验法的受威胁物种保护偏好及价值评估

科学评价生物多样性价值可为生物多样性和生态系统经济学（the Economics of Ecosystems and Biodiversity,TEEB）支持下的生物资源管理提供有效的技术方法和政策依据,对受威胁物种的保护尤为重要.从TEEB的理念和研究目标出发,以我国特有保护植物——翅果油树（Elaeagnus mollis）为例,采用选择试验法定量评估受访者对受威胁物种保护和开发的偏好以及支付意愿;针对种植面积、产品开发、树苗品种、保护投入和农户收益这5项物种属性,在多模型比较的基础上最终选择随机参数模型（RPL）和潜在分层模型（LCM）进行价值评估.结果表明:基于RPL模型得出受访者的偏好选择具有异质性,正选择偏好的属性变量按重要性表现为“保护增加投入” > “高低端产品同时开发” > “农户收益” > “树苗品种” > “种植面积”,其中对“保护增加投入”的支付意愿〔331.0元/（户·a）〕最高,其次为“高低端产品同时开发”〔242.71元/（户·a）〕;对“保护不投入”为负选择偏好,且支付意愿〔-154.71元/（户·a）〕最低.基于LCM模型可将受访者分为保护偏好型和发展偏好型2个潜在类别,前者所占样本比例远高于后者,他们更愿意在物种保护方面支付较多的费用,而后者更愿意在产品开发上支付较多的费用.补偿剩余分析得到,翅果油树保护和开发的最大价值为285.62元/（户·a）.研究显示,选择试验法在受威胁物种保护及价值评估中具有良好的适用性,评估结果可为物种保护政策的制定提供科学依据.      

扎龙湿地丹顶鹤繁殖栖息地的选择及扩散

景观演变对野生动物栖息地质量和连接度造成的影响,一直是威胁全球生物多样性保护的关键问题,开展扎龙湿地丹顶鹤（Grus japonensis）繁殖栖息地选择及繁殖期生境间的扩散研究,对野生丹顶鹤的保护具有重要的意义。首先利用需要“出现点”的生态位MAXENT模型,进行适宜栖息地选择研究。从水源、食物、干扰、隐蔽物四个方面选择明水面距离、土壤湿度、NDVI、道路距离和居民地距离五个环境变量作为丹顶鹤繁殖栖息地选择的影响因子,预测扎龙保护区可供丹顶鹤进行营巢繁殖的栖息地分布,并分析各影响因子的反应曲线。结果显示：丹顶鹤易于选择远离道路和居民地干扰且靠近明水面的区域作为营巢栖息地,栖息地土壤湿度较高并且植被覆盖较多。从MAXENT模型中提取了38个适宜栖息地斑块,基于电路理论模拟丹顶鹤繁殖期失去飞行能力时的多路径扩散,最大电流密度图突出了可能的“夹点”,模拟出具有一定宽度范围的连接区域,可供丹顶鹤在繁殖期间进行扩散。累积电流密度图突出了在维持网络连通性方面起到积极作用的斑块,并进行面积加权来评估适宜栖息地斑块的综合重要性。结果表明,在MAXENT模型预测出的适宜栖息地斑块基础上,考虑丹顶鹤繁殖期的迁移扩散行为,利用累积电流密度面积加权来评估适宜栖息地斑块的综合重要性,得到的适宜性等级更符合丹顶鹤真实巢址的分布。研究成果可为保护区丹顶鹤栖息繁殖生境的恢复和保护提供科学依据。     

Community richness and stability in agricultural landscapes: The importance of surrounding habitats

In this paper, the role played by habitat diversity in the landscape on species richness and on the stability of farmland bird communities was investigated. Species richness was estimated on 374 samples monitored in farmland by the French breeding bird survey during the 2001–2005 period. A capture–recapture approach was used to estimate species richness accounting for the variation in detection probability among species of the 100 most common species detected in farmland. Landscape structure and composition were measured both in farmland and in adjacent habitats. The independent effect of each variable on community richness and stability was further assessed using hierarchical variance partitioning and taking spatial autocorrelation into account. A strong matrix effect was detected: non-cropped land deeply influenced richness and stability of bird assemblages.