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

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

Facilitating Development of Multiple-Species Conservation Reserves and Habitat Conservation Plans: A Synthesis of Recommendations

The purpose of this paper is to outline briefly the process that workshop participants undertook to first identify and then resolve major issues hindering the development and implementation of MS-HCPs. In addition, a brief outline of     

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.     

The Coachella Valley Multiple Species Habitat Conservation Plan: A Decade of Delays

This article describes the history of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), in the Riverside County region of Southern California. When this collaborative biodiversity conservation planning process began, in 1994, local participants and supporters had numerous factors working in their favor. Yet, as of April 2007, nearly 13 years had passed without an approved plan. This is a common problem. Many multiple species habitat conservation plans now take more than a decade to complete, and the long duration of these processes often results in negative consequences. The CVMSHCP process became bogged down—despite strong scientific input and many political advantages—due to problematic relationships between the Plan’s local supporters, its municipal signatory parties, and officials from the state and federal wildlife agencies, particularly the regional office of the US Fish and Wildlife Service. This case study demonstrates the crucial importance of institutional structures and relationships, process management, and timeliness in habitat conservation planning. We conclude by offering several related recommendations for future HCP processes.     

Multiple Species Habitat Conservation Planning: Goals and Strategies of Local Governments

Drawing from experiences gained from the development and implementation of four approved habitat conservation plans (HCPs), I describe the goals and strategies used by the nine local government members of the Riverside County Habitat Conservation Agency (RCHCA) to reconcile conflicts among a rapidly growing population and the need to conserve the habitat of a number of declining wildlife species in western Riverside County, California. Several important goals have been pursued by RCHCA member governments in their sponsorship of multiple-species habitat conservation plans (MSHCPs), including (1) establishing certainty and control over future uses of land; (2) eliminating project-by-project negotiations with federal and state wildlife agencies; (3) coordinating mitigation obligations under the Endangered Species Act, Clean Water Act, California Environmental Quality Act, and other federal and state laws; (4) reducing conflict and litigation resulting from land development activities; and (5) ensuring that wildlife conservation activities are conducted in a manner that permits local governments to perform those functions necessary to maintain public health, safety, and welfare. I also describe the emergence of strategies by local governments to achieve MSHCP goals, including (1) use of an inclusive planning process that seeks to build consensus among affected interests; (2) extensive involvement of federal and state wildlife agencies in the preparation of MSHCP documents; (3) management of public lands to support MSHCP conservation objectives; (4) encouragement of voluntary conservation by private property owners through incentive programs; and (5) active solicitation of federal and state funding for MSHCP implementation activities.     

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.     

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.     

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.     

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     

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。     

Balancing Army and Endangered Species Concerns: Green vs. Green

A number of endangered, threatened, or at-risk species have been identified on US Army training bases. Before further training is restricted or curtailed under provisions of the US Endangered Species Act (ESA), the Army can explore available proactive options for providing habitat protection and mitigation. This paper investigates the possibility of an Army habitat acquisition program to acquire (by lease or purchase) buffer zones of at-risk species' habitat around its bases and away from training. To identify the most cost-effective manner for acquiring habitat, auction market experiments are utilized for analyzing program design. Laboratory auction experiments provide a powerful and low-cost vehicle for investigating ex ante program design issues. We find the discriminative, as opposed to a uniform price, auction with a minimum quantity requirement to be the least-cost mechanism.     

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.

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。     

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.     

The U.S. Flood Control Program at 75: Environmental Issues1

Black, Peter E., 2012. The U.S. Flood Control Program at 75: Environmental Issues. Journal of the American Water Resources Association (JAWRA) 48(2): 244‐255. DOI: 10.1111/j.1752‐1688.2011.00609.x Abstract: Recent, recurring, and increased magnitude floods adversely challenge long‐held and erroneous concepts of flood control. This article focuses on the environmental issues with comprehensively reviewed essentials of the United States (U.S.) riverine Flood Control Program, including news reports, scientific articles, books, and landmark treatises. For the past three‐quarters of a century, U.S. floods have continued (and will continue) to occur, causing increasing property damage with growing fiscal loss. Reasons include inattention to fundamental principles of physics, hydrology, and ecology. There are also important challenges involving environmental policy, economics, and common sense. Measures afforded by the existing program encourage and enable investment in floodplains while violating a variety of natural principles that make the situation worse. This detailed review includes the questionable (actually untrue) justification in the document‐setting policy for the 1936 Omnibus Flood Control Act. The well‐documented evidence is overwhelming. An alternative approach is presented that would enable and celebrate natural floods, managing their ecological and hydrological values, and not attempting to control them.     

Clonal Re-Introduction of Endangered Plant Species: The Case of German False Tamarisk in Pre-Alpine Rivers

The scope of re-introduction as a measure for plant species protection is increasing, but as long as no standardized methods are available, species-specific assessments are necessary to determine whether seeds, adult plants or plant fragments should be used. The endangered German False Tamarisk (Myricaria germanica), which occurs on gravel bars along pre-alpine rivers, is difficult to grow from seeds. Thus, propagation of stem cuttings was investigated as an alternative method. Experiments were conducted in a greenhouse and a field site with three treatments: cutting length 5 or 10 cm, vertical burial 5 or 10 cm, and water level low or high. Plants grown in the greenhouse were transplanted to the River Isar to test establishment of rooted cuttings on gravel bars. The cuttings in the greenhouse showed high survival (34-96 %). Survival and biomass production were greatest for 10-cm cuttings buried at 10-cm depth, while only one of the 5-cm cuttings survived at this depth, and no significant effect of variation in water level was observed. None of the cuttings transplanted to field sites survived, most likely because of drought stress and competition. We conclude that for re-introduction of Myricaria germanica rooted cuttings can be easily produced in large quantities, while transplantation to near-natural environments has to be improved to reduce mortality.