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.     

A Framework for Developing Management Goals for Species at Risk with Examples from Military Installations in the United States

A decision framework for setting management goals for species at risk is presented. Species at risk are those whose potential future rarity is of concern. Listing these species as threatened or endangered could potentially result in significant restrictions to activities in resource management areas in order to maintain those species. The decision framework, designed to foster proactive management, has nine steps: identify species at risk on and near the management area, describe available information and potential information gaps for each species, determine the potential distribution of species and their habitat, select metrics for describing species status, assess the status of local population or metapopulation, conduct threat assessment, set and prioritize management goals, develop species management plans, and develop criteria for ending special species management where possible. This framework will aid resource managers in setting management goals that minimally impact human activities while reducing the likelihood that species at risk will become rare in the near future. The management areas in many of the examples are United States (US) military installations, which are concerned about potential restrictions to military training capacity if species at risk become regulated under the US Endangered Species Act. The benefits of the proactive management set forth in this formal decision framework are that it is impartial, provides a clear procedure, calls for identification of causal relationships that may not be obvious, provides a way to target the most urgent needs, reduces costs, enhances public confidence, and, most importantly, decreases the chance of species becoming more rare.     

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     

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.     

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.     

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.     

Biodiversity laws: State experiences

The Western Governors' Association (WGA) includes both the public lands states with their issues and the plains states, which are 98% privately owned. WGA deals with most legislation affecting biodiversity, whether the effect is direct or tangential. It will probably not be possible, or desirable, for one entity to be in charge of biodiversity conservation. The Endangered Species Act, public lands laws, agricultural laws, water law, environmental laws, and funding legislation all affect biodiversity conservation and the responsibility for it. None of them on their own are enough, and most can cause harmful unintended consequences for biodiversity. The experience of western states in developing consensus principles for reauthorization of the Endangered Species Act provides an example of common-sense ways to improve management of biodiversity, notwithstanding the complexity and large stakes involved. The WGA's proposed changes call for increasing the role of states, streamlining the act, and increasing certainty for landowners and water users. To achieve sustainable conservation for biodiversity, the better question is not “Who is/should be in charge?”, it is “How do we get this done?” To answer this, we need goals, guidance, and bottom lines from federal laws, and management and oversight at the state level, but they all need to support local on-the-ground partnerships. Sustainable conservation requires the active participation of those who live there. WGA's experience in coordinating the Great Plains Partnership as well as its work with watershed efforts shed light on what to expect. Multilevel partnerships are not easy and require a different way of doing business. The ad hoc, sitespecific processes that result do not lend themselves to being legislated, fit into organizational boxes, or scored on a budget sheet. They do require common sense and a longterm perspective.     

Protecting the piping plover under section 7 of the endangered species act

Section 7(a)(2) of the Endangered Species Act directs federal agencies to ensure that their actions do not jeopardize the continued existence of endangered and threatened species. The US Fish and Wildlife Service (USFWS) issues jeopardy or nonjeopardy biological opinions on proposed federal actions that affect endangered and threatened species. We summarize several biological opinions issued by the USFWS to protect the threatened piping plover (Charadrius melodus). These opinions address federal actions involving hundreds of piping plovers on the Missouri River system and a few piping plover pairs on short stretches of Atlantic coast beach. Some of these opinions are decisive, but most allow the proposed action to proceed conditional upon a lengthy set of reasonable and prudent alternatives to protect the piping plover. These conditions may prove difficult to track and will add to the workload of the USFWS.     

Why ecosystem management can't work without Social science: An example from the California northern spotted owl controversy

It is increasingly obvious that social science, while not a sufficient condition for making ecosystem management effective, is a necessary condition. A social science typology of ecosystems is developed, applied, and shown to have substantial and unexpected implications for the practice of ecosystem management. Ecologists and environmental scientists, in particular, will find some conclusions uncomfortable. The application involves a case material from the California northern spotted owl controversy.     

The Route to Best Science in Implementation of the Endangered Species Act’s Consultation Mandate: The Benefits of Structured Effects Analysis

The Endangered Species Act is intended to conserve at-risk species and the ecosystems upon which they depend, and it is premised on the notion that if the wildlife agencies that are charged with implementing the statute use the best available scientific information, they can successfully carry out this intention. We assess effects analysis as a tool for using best science to guide agency decisions under the Act. After introducing effects analysis, we propose a framework that facilitates identification and use of the best available information in the development of agency determinations. The framework includes three essential steps—the collection of reliable scientific information, the critical assessment and synthesis of available data and analyses derived from those data, and the analysis of the effects of actions on listed species and their habitats. We warn of likely obstacles to rigorous, structured effect analyses and describe the extent to which independent scientific review may assist in overcoming these obstacles. We conclude by describing eight essential elements that are required for a successful effects analysis.     

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.     

Valuing improvements to threatened and endangered marine species: an application of stated preference choice experiments

Non-market valuation research has produced value estimates for over forty threatened and endangered (T&E) species, including mammals, fish, birds, and crustaceans. Increasingly, Stated Preference Choice Experiments (SPCE) are utilized for valuation, as the format offers flexibility for policy analysis and may reduce certain types of response biases relative to the more traditional Contingent Valuation method. Additionally, SPCE formats can allow respondents to make trade-offs among multiple species, providing information on the distinctiveness of preferences for different T&E species. In this paper we present results of an SPCE involving three U.S. Endangered Species Act (ESA)-listed species: the Puget Sound Chinook salmon, the Hawaiian monk seal, and the smalltooth sawfish. We estimate willingness-to-pay (WTP) values for improving each species' ESA listing status and statistically compare these values between the three species using a method of convolutions approach. Our results suggest that respondents have distinct preferences for the three species, and that WTP estimates differ depending on the species and the level of improvement to their ESA status. Our results should be of interest to researchers and policy-makers, as we provide value estimates for three species that have limited, if any, estimates available in the economics literature, as well as new information about the way respondents make trade-offs among three taxonomically different species.     

Potential Mortality Effects of Off-Highway Vehicles on the Flat-Tailed Horned Lizard (<Emphasis Type="Italic">Phrynosoma mcallii</Emphasis>): A Manipulative Experiment

Southern California desert public lands receive especially high levels of off-highway recreation due to large population centers nearby and popular riding environments such as sand dunes. Controversy has developed over the flat-tailed horned lizard (Phrynosoma mcallii), previously a candidate for listing under the Endangered Species Act. Some evidence suggests lower lizard abundance in areas of higher recreational use than in areas with low or no use. We designed a manipulative experiment to ensure maximum inference in evaluating the direct impact of recreational riding of off-highway vehicles on lizards. Thirty-six lizards, in situ, were treated with an off-highway vehicle treatment during hibernation season in three treatment groups: high impact, low impact, and control. Treatments consisted of timed riding by off-highway vehicles. In all treatment groups survival was 100%, despite hibernation of lizards at very shallow depths. Consequently, indirect effects of off-highway vehicles deserve increased attention. The relative importance of direct versus indirect (i.e., degradation of lizard habitat) impacts caused by off-highway vehicles remains unknown. These indirect effects may include the altering of vegetation, substrate, and prey. We recommend that a manipulative approach be adopted to investigate these possibilities.     

COOPERATIVE MANAGEMENT OF THE DUNGENESS WATERSHED TO PROTECT SALMON IN WASHINGTON STATE1

ABSTRACT: Over the last decade, the Jamestown S'Klallam Tribe has formed partnerships with their neighboring county government, irrigation districts, property owners, and state and federal agencies in an effort to save the dwindling runs of Dungeness River salmon. Although considerable progress has been made to begin the recovery process, the watershed is included in recent listings of Pacific Northwest salmon under the Endangered Species Act. Under the coordination of an active watershed council, significant improvements have been made in water conservation and the protection of instream flows. Cooperation between the Tribe, irrigation districts and the Washington Department of Ecology resulted in a trust water rights agreement and the reduction of late summer water withdrawals by one‐third.     

A river might run through it again: criteria for consideration of dam removal and interim lessons from California

Resource managers are increasingly being challenged by stakeholder groups to consider dam removal as a policy option and as a tool for watershed management. As more dam owners face high maintenance costs, and rivers as spawning grounds for anadromous fish become increasingly valuable, dam removal may provide the greatest net benefit to society. This article reviews the impact of Endangered Species Act listings for anadromous fish and recent shifts in the Federal Energy Regulatory Commission's hydropower benefit-costs analysis and discusses their implications for dam removal in California. We propose evaluative criteria for consideration of dam removal and apply them to two case studies: the Daguerre and Englebright Dams on the Yuba River and the Scott and Van Horne Dams on the South Eel River, California.     

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.     

Biological diversity conservation: A public policy perspective

While extinctions of individual species are part of a normal cycle, the current rate of extinctions should be a concern to us all. The maintenance of biological diversity is important for utilitarian reasons, quality of life considerations, and because biodiversity is important to sustainable regional economies. Single-species approaches are too limited to protect biodiversity at the landscape, habitat, and watershed levels. New approaches are necessary to deal with the complexity of biological diversity. The administration is using provisions in the Endangered Species Act to bring about broader multispecies habitat protection. The ecosystem approach provides a framework for ensuring that ecological considerations are taken into account, along with economic and social factors, and that all interested parties are able to participate in the decision-making process.     

Cooperation or conflict? Interagency relationships and the future of biodiversity for US parks and forests

Cooperation between the United States Department of Agriculture (USDA) Forest Service and the United States Department of Interior (USDI) National Park Service is most often advocated to protect biological diversity on national forests and parks, but the agencies, so far, have done little to implement the biodiversity mandates of such laws as the Endangered Species Act and the National Forest Management Act. The ideological and political history of the Forest Service and Park Service is explored to determine the roots of interagency conflicts. Several recent models of cooperative reform are also critiqued and found to be insufficient to stimulate better working relationships. To protect biodiversity, cooperation must be framed within conservation biology and must place primary emphasis on ecosystem patterns and processes as well as on individual species. Increased education of agency managers, ecosystem-level research, local and regional public participation, scientific oversight committees, new legislation, and enlightened leadership also play important roles. Ultimately, management policies must be reframed within a context of ecocentric values.     

Three Paradoxes of Habitat Conservation Plans

Habitat conservation plans (HCPs) are enabled under section 10(a) of the Endangered Species Act. The substantial increase since 1994 in the number of HCPs has motivated numerous critiques of nearly every aspect of HCPs. These critiques have overlooked several paradoxes that expose fundamental shortcomings of section 10(a) or its implementation. I refer to them as: the Trainwreck Paradox, the Jeopardy Paradox, and the Maximum Mitigation Paradox. The Trainwreck Paradox states that HCPs are needed to avert the listing of species as threatened or endangered, but federal listings are needed to motivate landowners to develop HCPs. The Jeopardy Paradox stems from the vague language of section 10(a) which allows an HCP to reduce the likelihood of a species’ survival and recovery but establishes no objective limit on the magnitude of reduction. The Maximum Mitigation Paradox argues that if a landowner provides maximum mitigation at the onset of an HCP, then there will be no financial resources for adaptive management in the future, but if resources are reserved for adaptive management, then the landowner is not mitigating to the maximum extent practicable as required by section 10(a). The purpose of this article is to explain these paradoxes of HCPs and discuss potential remedies.     

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.