Protecting endangered species under future climate change: From single-species preservation to an anticipatory policy approach

Anthropogenic climate climate change presents a unique challenge for endangered species policy and an opportunity for policy makers to develop a more predictive and robust approach to preserving the nation's biological resources. Biological and ecological reactions to shifting climate conditions and the potential feedbacks and synergistic effects of such changes may threaten the well-being of many species, particularly of those already in jeopardy of extinction. The United States Endangered Species Act of 1973 will fail to keep pace with increasing numbers of species needing protection as long as it remains focused on protecting species individually. The actmust not be abandoned, however; it holds tremendous promise for preserving biological diversity through a more proactive, anticipatory perspective. The current Endangered Species Act should be reinforced and improved by better integration of scientific expertise into habitat and community preservation listing decisions and recovery plan devlopment. Given the uncertainties surrounding long-term environmental consequences of human activities and resource use, a longer-term perspective must be integrated into all efforts to protect our biotic resources. Under appointment from the Graduate Fellowships for Global Change administered by the Oak Ridge Institute for Science and Ecducation for the US Department of Energy.     

Critical habitat designation: Is it prudent?

The critical habitat provision of the US Endangered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and threatened species. However, only 23% of the listed species in the United States have their critical habitats designated. The current trend is to forego critical habitat designation because the federal government believes that the Endangered Species Act can protect most listed species without resort to the critical habitat provision. Required publication of critical habitat locations in theFederal Register may draw vandals and collectors to rare species. In other cases, existing habitat protection already provides adequate protection for species. In a few instances critical habitat changes over time and is difficult to delineate. Lastly, designating critical habitat is time consuming, delays species listing, and is controversial, detracting from the positive image of the Endangered Species Act.     

Balancing urban development and endangered species: The coachella valley habitat conservation plan

Habitat conservation plans (HCPs) permitted under Section 10(A) of the federal Endangered Species Act, have been increasingly used to overcome conflicts between urban development and species conservation. This article profiles one such HCP, the Coachella Valley (CA) Fringe-Toed Lizard Habitat Conservation Plan. The second HCP officially approved by the US Fish and Wildlife Service, the Coachella Valley case is frequently cited as a model for resolving conservation and development conflicts. The article begins with a discussion of the use of HCPs, and then provides a detailed discussion of Coachella Valley experience, its history, specific provisions, and success to date. A final section examines whether Coachella Valley does in fact represent a positive model. It is argued that the HCP has been less than fully successful and leaves unresolved a series of fundamental ethical and policy questions concerning the protection of endangered species. Funding for this report was provided by the National Fish and Wildlife Foundation. Any opinions, findings, conclusions, or recommendations are those of the author and do not necessarily represent the views of the Foundation.     

Conflict,controversy, and compromise: The Concho water snake (Nerodia harteri paucimaculata) versus the Stacy Dam and Reservoir

The Colorado River Municipal Water District (CRMWD) of Big Spring, Texas, planned to construct the Stacy Reservoir and Dam on the Colorado River near Paint Rock, Texas, yet needed a Section 404 permit from the US Army Corps of Engineers pursuant to the Clean Water Act. In 1986 the Concho water snake (Nerodia harteri paucimaculata) was listed as threatened under the Endangered Species Act (ESA). Much of its remaining range included the stretch of the Colorado River that would be flooded by the proposed dam. After initially rejecting CRMWD proposals for mitigation, and informing the Corps of Engineers that it would issue a jeopardy opinion regarding the 404 permit pursuant to Section 7 of the ESA, the US Fish and Wildlife Service reversed its stand. The final biological opinion stated that reasonable and prudent alternatives previously rejected as unfeasible would remove the threat of jeopardy. This paper concludes that experimental management techniques proposed by FWS to allow dam construction do not adequately ensure survival of the Concho water snake and an alternative water source should have been found.     

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.     

On the value of endangered and other species

This paper describes two frameworks—utilitarian and Kantian—society uses to make decisions concerning environmental management and, in particular, species protection. The utilitarian framework emphasizes the consequences of choices for prior preferences. A perfectly competitive market, on this model, correctly values environmental resources. The Kantian approach identifies rules appropriate to recognized situations given the identity of the decision maker. It relies on democratic political processes and institutions to provide the means by which citizens determine the identity of their community—its moral character and aspirations—and match appropriate rules to recognized situations. This paper argues that markets do not fail in any general way in measuring the economic value of plants and animals. Market prices, in general, correctly represent the marginal or exchange value of species. If society legislates against extinction, this must be understood as an exercise in Kantian decision making in view of the moral value of species, not as an attempt to correct a market failure or to promote social welfare or utility.     

Assessing and Mitigating the Effects of Windblown Soil on Rare and Common Vegetation

Acting under the auspices of the US Endangered Species Act, we quantified wind erosion and its effects on rare and common plant species on a semi-arid military installation in Hawaii. Our goal was to develop management strategies, based on local data, to aid the conservation of rare and common indigenous plants and their habitats. We collected windblown soil coming off of roads and other disturbed soils to assess likely impacts to plants occurring at certain heights and distances from disturbed surfaces. We then subjected plants in a glasshouse to windblown dust treatments, designed from our field data to simulate erosion events, and evaluated the effect of these treatments on photosynthesis and survival. We also designed several field experiments to examine the in-situ effects of windblown soil and soil substrate on germination, growth rate, and survival of indigenous and nonindigenous plants. We conclude from these experiments that most direct effects of windblown soil to plants can be effectively mitigated by locating roads and training areas at least 40 m from sensitive plant habitats and through vegetation management to maintain at least 11% aerial cover on disturbed surfaces. Effects of soil type on germination, growth, and survival was species-specific, emphasizing the importance of species trials prior to, or during, rehabilitation efforts.     

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