The Normative Dimension and Legal Meaning of Endangered and Recovery in the U.S. Endangered Species Act

Abstract:  The ethical, legal, and social significance of the U.S. Endangered Species Act of 1973 (ESA) is widely appreciated. Much of the significance of the act arises from the legal definitions that the act provides for the terms threatened species and endangered species. The meanings of these terms are important because they give legal meaning to the concept of a recovered species. Unfortunately, the meanings of these terms are often misapprehended and rarely subjected to formal analysis. We analyzed the legal meaning of recovered species and illustrate key points with details from "recovery" efforts for the gray wolf ( Canis lupus ). We focused on interpreting the phrase "significant portion of its range," which is part of the legal definition of endangered species. We argue that recovery and endangerment entail a fundamentally normative dimension (i.e., specifying conditions of endangerment) and a fundamentally scientific dimension (i.e., determining whether a species meets the conditions of endangerment). Specifying conditions for endangerment is largely normative because it judges risks of extinction to be either acceptable or unacceptable. Like many other laws that specify what is unacceptable, the ESA largely specifies the conditions that constitute unacceptable extinction risk. The ESA specifies unacceptable risks of extinction by defining endangered species in terms of the portion of a species' range over which a species is "in danger of extinction." Our analysis indicated that (1) legal recovery entails much more than the scientific notion of population viability, (2) most efforts to recover endangered species are grossly inadequate, and (3) many unlisted species meet the legal definition of an endangered or threatened species.     

Species Review of Amphibian Extinction Risks in Madagascar: Conclusions from the Global Amphibian Assessment

Abstract:  We assessed the extinction risks of Malagasy amphibians by evaluating their distribution, occurrence in protected areas, population trends, habitat quality, and prevalence in commercial trade. We estimated and mapped the distribution of each of the 220 described Malagasy species and applied, for the first time, the IUCN Red List categories and criteria to all species described at the time of the assessment. Nine species were categorized as critically endangered, 21 as endangered, and 25 as vulnerable. The most threatened species occur on the High Plateau and/or have been subjected to overcollection for the pet trade, but restricted extent of occurrence and ongoing habitat destruction were identified as the most important factors influencing extinction threats. The two areas with the majority of threatened species were the northern Tsaratanana-Marojejy-Masoala highlands and the southeastern Anosy Mountains. The current system of protected areas includes 82% of the threatened amphibian species. Of the critically endangered species, 6 did not occur in any protected area. For conservation of these species we recommend the creation of a reserve for the species of the Mantella aurantiaca group, the inclusion of two Scaphiophryne species in the Convention on the International Trade in Endangered Species Appendix II, and the suspension of commercial collecting for Mantella cowani . Field surveys during the last 15 years reveal no pervasive extinction of Malagasy amphibians resulting from disease or other agents, as has been reported in some other areas of the world.     

Effects of Climate Change on Population Persistence of Desert-Dwelling Mountain Sheep in California

Abstract:  Metapopulations may be very sensitive to global climate change, particularly if temperature and precipitation change rapidly. We present an analysis of the role of climate and other factors in determining metapopulation structure based on presence and absence data. We compared existing and historical population distributions of desert bighorn sheep ( Ovis canadensis ) to determine whether regional climate patterns were correlated with local extinction. To examine all mountain ranges known to hold or to have held desert bighorn populations in California and score for variables describing climate, metapopulation dynamics, human impacts, and other environmental factors, we used a geographic information system (GIS) and paper maps. We used logistic regression and hierarchical partitioning to assess the relationship among these variables and the current status of each population (extinct or extant). Parameters related to climate—elevation, precipitation, and presence of dependable springs—were strongly correlated with population persistence in the twentieth century. Populations inhabiting lower, drier mountain ranges were more likely to go extinct. The presence of domestic sheep grazing allotments was negatively correlated with population persistence. We used conditional extinction probabilities generated by the logistic-regression model to rank native, naturally recolonized, and reintroduced populations by vulnerability to extinction under several climate-change scenarios. Thus risk of extinction in metapopulations can be evaluated for global-climate-change scenarios even when few demographic data are available.     

Limitations of Gravity Models in Predicting the Spread of Eurasian Watermilfoil

Abstract: The effects of non‐native invasive species are costly and environmentally damaging, and resources to slow their spread and reduce their effects are scarce. Models that accurately predict where new invasions will occur could guide the efficient allocation of resources to slow colonization. We assessed the accuracy of a model that predicts the probability of colonization of lakes in Wisconsin by Eurasian watermilfoil (Myriophyllum spicatum). We based this predictive model on 9 years (1990–1999) of sequence data of milfoil colonization of lakes larger than 25 ha (n =1803). We used milfoil colonization sequence data from 2000 to 2006 to test whether the model accurately predicted the number of lakes that actually were colonized from among the 200 lakes identified as being most likely to be colonized. We found that a lake's predicted probability of colonization was not correlated with whether a lake actually was colonized. Given the low predictability of colonization of specific lakes, we compared the efficacy of preventing milfoil from leaving occupied sites, which does not require predicting colonization probability, with protecting vacant sites from being colonized, which does require predicting colonization probability. Preventing organisms from leaving colonized sites reduced the likelihood of spread more than protecting vacant sites. Although we focused on the spread of a single species in a particular region, our results show the shortcomings of gravity models in predicting the spread of numerous non‐native species to a variety of locations via a wide range of vectors.     

PATH CHOICE AND VISUAL STIMULI: SIGNS OF HUMAN ACTIVITY AND ARCHITECTURE

This paper is concerned with the exploratory behaviour of first-time visitors to an environment and specifically with the importance of visual stimuli in path choice. Forty-five participants were asked to select among photos representing the path choices at 13 street intersections in the historic centre of Montpellier, providing reasons as they proceeded. Preference among choices at intersections varied significantly in 10 of 13 cases. Eight intersections with the greatest differences in preference between choices were modified such that persons, signs, planters and awnings were removed from the most preferred scenes and inserted into the least preferred. The virtual tour was run again with a new group of participants. In comparison with the first group, the second expressed greater preference for path choices with added elements and diminished preference for photos with removed elements. Choices were also related to verbalizations and rated architectural properties.     

Criteria for Oil Spill Recovery: A Case Study of the Intertidal Community of Prince William Sound, Alaska, Following the Exxon Valdez Oil Spill

Marine intertidal organisms in Prince William Sound were exposed to crude oil following the T/V Exxon Valdez oil spill in 1989. The intertidal communities were also subjected to mechanical disturbance during invasive oil spill remediation and cleanup efforts. Using monitoring data collected from 1989 to 1997, impacts and eventual recovery were assessed at oiled but uncleaned sites and oiled and cleaned study areas. A statistical model where recovery was defined as parallelism between the time profiles at control and oiled sites was evaluated. Statistical analysis and graphical presentations of the data suggest intertidal epibiota communities recovered from the oil spill by 1992 at the oiled sites and by 1994 at the oiled and remediated sites. Empirical data from the intertidal monitoring program supports the use of tests of parallelism in evaluating recovery and the need to avoid simply the comparison of sample means from control and oiled sites.     

Managing Birds and Controlling Aircraft in the Kennedy Airport–Jamaica Bay Wildlife Refuge Complex: The Need for Hard Data and Soft Opinions

During the 1980s, the exponential growth of laughing gull (Larus atricilla) colonies, from 15 to about 7600 nests in 1990, in the Jamaica Bay Wildlife Refuge and a correlated increase in the bird-strike rate at nearby John F. Kennedy International Airport (New York City) led to a controversy between wildlife and airport managers over the elimination of the colonies. In this paper, we review data to evaluate if: (1) the colonies have increased the level of risk to the flying public; (2) on-colony population control would reduce the presence of gulls, and subsequently bird strikes, at the airport; and (3) all on-airport management alternatives have been adequately implemented. Since 1979, most (2987, 87%) of the 3444 bird strikes (number of aircraft struck) were actually bird carcasses found near runways (cause of death unknown but assumed to be bird strikes by definition). Of the 457 pilot-reported strikes (mean = 23 ± 6 aircraft/yr, N= 20 years), 78 (17%) involved laughing gulls. Since a gull-shooting program was initiated on airport property in 1991, over 50,000 adult laughing gulls have been killed and the number of reported bird strikes involving laughing gulls has declined from 6.9 ± 2.9 (1983–1990) to 2.6 ± 1.3 (1991–1998) aircraft/yr; nongull reported bird strikes, however, have more than doubled (6.4 ± 2.6, 1983–1990; 14.9 ± 5.1, 1991–1998). We found no evidence to indicate that on-colony management would yield a reduction of bird strikes at Kennedy Airport. Dietary and mark–recapture studies suggest that 60%–90% of the laughing gulls collected on-airport were either failed breeders and/or nonbreeding birds. We argue that the Jamaica Bay laughing gull colonies, the only ones in New York State, should not be managed at least until all on-airport management alternatives have been properly implemented and demonstrated to be ineffective at reducing bird strikes, including habitat alterations and increasing the capability of the bird control unit to eliminate bird flocks on-airport using nonlethal bird dispersal techniques. Because the gull-shooting program may be resulting in a nonsustainable regional population of laughing gulls (>30% decline), we also recommend that attempts be made to initiate an experimental colony elsewhere on Long Island to determine if colony relocation is a feasible management option.     

Devising Appropriate Policies and Instruments in Support of Private Conservation Areas: Lessons Learned from the Klein Karoo,South Africa

Abstract: The amount of privately conserved land is increasing worldwide. The potential of these areas to contribute to the global conservation of biodiversity is significant, given that statutory protected areas alone will not suffice. Nevertheless, there is still inadequate support for private conservation areas, and further research on appropriate, flexible, and generally applicable incentive measures is necessary. We conducted 25 semistructured interviews with the owners of private conservation areas in the Little Karoo, South Africa, to examine landowner opinions of existing conservation policies and their relationships with the local conservation authority. We also assessed landowner preferences regarding conservation incentive measures. Landowners doubted the conservation authority's capacity to implement its stewardship program and were also discouraged by the bureaucracy of the program. The conservation authority was often viewed negatively, except where landowners had experienced personal contact from conservation staff or where strong social capital had formed among landowners. Landowners did not desire financial rewards for their conservation efforts, but sought recognition of their stewardship role and greater involvement from the conservation authority through personal contact. We conclude that conservation policies for private lands could benefit from the provision of extension services to landowners, promotion of formation of groups of landowners and other stakeholders, and public acknowledgment of the contributions private conservation areas make.