scholarly journals Better representation is needed in Endangered Species Act implementation

2020 ◽  
Author(s):  
Jacob Malcom ◽  
Andrew Carter
Keyword(s):  
Endangered Species ◽  
Endangered Species Act ◽  
Alternative Interpretation ◽  
Gray Wolf ◽  
Picoides Borealis ◽  
Lynx Lynx ◽  
Ecological Communities ◽  
Lynx Canadensis ◽  
Science And Policy ◽  
Threatened And Endangered Species

The U.S. Fish and Wildlife Service uses the concepts of resilience, redundancy, and representation—often known as the “3Rs”—to guide implementation of the Endangered Species Act. The Service has done little, however, to relate the 3Rs to the statutory requirements of the Act. Here we focus on interpreting the concept of representation given core tenets of science and conservation policy. We show that the Service’s current interpretation, which focuses on a narrow set of characteristics intrinsic to species that facilitate future adaptation, falls far short of a reasonable interpretation from the scientific literature and other policy, and has significant consequences for the conservation of threatened and endangered species. To illustrate the shortcomings in practice, we discuss the case of the Lower 48 gray wolf (Canis lupus) delisting, the proposed Red-cockaded Woodpecker (Picoides borealis) downlisting, and the possible downlisting of the Canada lynx (Lynx canadensis). We then propose an alternative interpretation of representation that accommodates the Service’s narrow interpretation and broadens it to include the importance of intraspecific variation for its own sake as well as extrinsic characteristics such as a species’ role in ecological communities. We argue that this interpretation better reflects the intent of the Endangered Species Act, the best available science, and policy needs for conserving imperiled wildlife.

scholarly journals Better Representation Is Needed in U.S. Endangered Species Act Implementation

2021 ◽  
Vol 2 ◽  
Author(s):  
Jacob Malcom ◽  
Andrew Carter
Keyword(s):  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Alternative Interpretation ◽  
Gray Wolf ◽  
Picoides Borealis ◽  
Ecological Communities ◽  
Science And Policy ◽  
Threatened And Endangered Species ◽  
The U.S

In the United States, the U.S. Fish and Wildlife Service uses the concepts of resilience, redundancy, and representation—often known as the “3Rs”—to guide implementation of the Endangered Species Act, which requires the U.S. government to designate imperiled species as threatened or endangered, and take action to recover them. The Service has done little, however, to relate the 3Rs to the statutory requirements of the Act. Here we focus on interpreting the concept of representation given core tenets of science and conservation policy. We show that the Service's current interpretation, which focuses on a narrow set of characteristics intrinsic to species that facilitate future adaptation, falls far short of a reasonable interpretation from the scientific literature and other policy, and has significant consequences for the conservation of threatened and endangered species, including those found in other countries. To illustrate the shortcomings in practice, we discuss the cases of the Lower 48 gray wolf (Canis lupus) delisting, the proposed Red-cockadedWoodpecker (Picoides borealis) downlisting, and the possible downlisting of the Canada lynx (Lynx canadensis). We then propose an alternative interpretation of representation that accommodates the Service's narrow interpretation and broadens it to include the importance of intraspecific variation for its own sake as well as extrinsic characteristics such as a species' role in ecological communities. We argue that this interpretation better reflects the intent of the Endangered Species Act, the best available science, and policy needs for conserving imperiled wildlife, all of which recognize the importance not only of preventing global extinction but also of preventing ecological extinction and extirpation across significant portions of a species' range.

scholarly journals A Snow-tracking Protocol Used to Delineate Local Lynx, Lynx canadensis, Distributions

2004 ◽  
Vol 118 (4) ◽  
pp. 583 ◽  
Author(s):  
John R. Squires ◽  
Kevin S. McKelvey ◽  
Leonard F. Ruggiero
Keyword(s):  
Endangered Species ◽  
Radio Telemetry ◽  
Endangered Species Act ◽  
Distribution Data ◽  
Lynx Lynx ◽  
Lynx Canadensis ◽  
Canada Lynx ◽  
Detection Probabilities ◽  
Along Track ◽  
Survey Effort

Determining Canada Lynx (Lynx canadensis) distribution is an important management need, especially at the southern extent of the species range where it is listed as threatened under the U. S. Endangered Species Act. We describe a systematic snowtrack based sampling framework that provides reliable distribution data for Canada Lynx. We used computer simulations to evaluate protocol efficacy. Based on these simulations, the probability of detecting lynx tracks during a single visit (8 km transect) to a survey unit ranged from approximately 0.23 for surveys conducted only one day after snowfall, to 0.78 for surveys conducted 7 days after a snowfall. If the survey effort was increased to three visits, then detection probabilities increased substantially from 0.58 for one day after snowfall to about 0.95 for surveys conducted 7 days after a snowfall. We tested the protocol in the Garnet Range, Montana, where most lynx were radio-collared. We documented a total of 189 lynx tracks during two winters (2001-2003). Lynx distribution based on snow-track surveys was coincident with the area defined through radio telemetry. Additionally, we conducted snow-track surveys in areas of western Wyoming where lynx were believed present but scarce. We detected a total of six lynx tracks during three winters (1999-2002). In Wyoming , where lynx presence was inferred from a few tracks, we verified species identification by securing genetic samples (hairs from daybeds) along track-lines.

scholarly journals The Endangered Gray Wolf in Wyoming: Managing Wolf Populations after Endangered Species Act Delisting

2008 ◽  
Vol 15 (1) ◽  
pp. 57
Author(s):  
Bryant Jones
Keyword(s):  
Endangered Species ◽  
Endangered Species Act ◽  
Gray Wolf ◽  
State Governments ◽  
Recovery Plan ◽  
Northern Rocky Mountains ◽  
Gray Wolves ◽  
State Management ◽  
Compensation Program ◽  
The U.S

For over sixty years the distinct howl of the gray wolf has been absent from the Northern Rocky Mountains. The U.S. government successfully exterminated the species from all but Minnesota by the 1930s. With the passage of the Endangered Species Act of 1973 the gray wolf was protected by law. A recovery plan was developed throughout the 1980s and implemented beginning in 1995. Since then, populations of gray wolves in three designated recovery areas consisting of Montana, Idaho, and Wyoming have increased annually. The U.S. Fish and Wildlife Service (USFWS) is considering delisting the gray wolf from the endangered list and has begun to devolve management to state governments. Idaho and Montana's recovery plans were approved by USFWS, but Wyoming's plan was rejected. To ensure state management of wolves is achieved, Wyoming should seriously consider implementing a program similar to those of Idaho and Montana and one that will be easily approved by the USFWS. This paper proposes that Wyoming consider several different ways to manage the wolf population, including: developing a new wolf recovery plan using a a diverse group of stakeholders; continuing to keep wolves protected under state protection; developing a comprehensive education program to inform citizens about gray wolves; continuing to utilize the Defenders of Wildlife compensation program to repay ranchers for livestock depredation losses; and leaving the definition of a breeding pair as an adult male and female raising two or more pups until December 31 of the respective year.

scholarly journals Wolf Delisting Challenges Demonstrate Need for an Improved Framework for Conserving Intraspecific Variation under the Endangered Species Act.

BioScience ◽  
2020 ◽  
Author(s):  
Carlos Carroll ◽  
Daniel J Rohlf ◽  
Bridgett M vonHoldt ◽  
Adrian Treves ◽  
Sarah A Hendricks
Keyword(s):  
Endangered Species ◽  
Intraspecific Variation ◽  
Endangered Species Act ◽  
Gray Wolf ◽  
Geographic Patterns ◽  
Distinct Population Segment ◽  
The Us ◽  
Us Government ◽  
The Face ◽  
Definition Of

Abstract Recent advances in genomics have increased our understanding of geographic patterns of intraspecific variation and the importance of this variation in enhancing species’ potential to adapt to novel threats. However, as part of an effort to limit the scope of the Endangered Species Act (ESA), the US government has proposed the removal of the gray wolf from the list of protected species on the basis of a claim that the statute permits a species to be declared recovered given the existence of a single presently secure population. We rebut this interpretation and propose a framework for the conservation of adaptive potential that builds on current agency practice in delineating subspecific recovery units and reconciles the definition of significance in the statute's “distinct population segment” and “significant portion of range” clauses. Such a coordinated policy would enhance the ESA's effectiveness in stemming loss of biodiversity in the face of climate change and other factors altering Earth's ecosystems.

scholarly journals Data contradict common perceptions about a controversial provision of the US Endangered Species Act

2015 ◽  
Vol 112 (52) ◽  
pp. 15844-15849 ◽  
Author(s):  
Jacob W. Malcom ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Species Conservation ◽  
Endangered Species Act ◽  
Federal Agencies ◽  
Threatened And Endangered Species ◽  
The Us ◽  
Us Endangered Species Act ◽  
National Marine Fisheries Service ◽  
Imperiled Species ◽  
Analyze Data

Separating myth and reality is essential for evaluating the effectiveness of laws. Section 7 of the US Endangered Species Act (Act) directs federal agencies to help conserve threatened and endangered species, including by consulting with the US Fish and Wildlife Service (FWS) or National Marine Fisheries Service on actions the agencies authorize, fund, or carry out. Consultations ensure that actions do not violate the Act’s prohibitions on “jeopardizing” listed species or “destroying or adversely modifying” these species’ critical habitat. Because these prohibitions are broad, many people consider section 7 the primary tool for protecting species under the Act, whereas others believe section 7 severely impedes economic development. This decades-old controversy is driven primarily by the lack of data on implementation: past analyses are either over 25 y old or taxonomically restricted. We analyze data on all 88,290 consultations recorded by FWS from January 2008 through April 2015. In contrast to conventional wisdom about section 7 implementation, no project was stopped or extensively altered as a result of FWS finding jeopardy or adverse modification during this period. We also show that median consultation duration is far lower than the maximum allowed by the Act, and several factors drive variation in consultation duration. The results discredit many of the claims about the onerous nature of section 7 but also raise questions as to how federal agencies could apply this tool more effectively to conserve species. We build on the results to identify ways to improve the effectiveness of consultations for imperiled species conservation and increase the efficiency of consultations.

scholarly journals Data indicate the importance of expert agencies in conservation policy

2018 ◽  
Author(s):  
Michael J. Evans ◽  
Jacob W. Malcom ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Environmental Law ◽  
Endangered Species Act ◽  
Federal Agencies ◽  
Marine Fisheries ◽  
Threatened And Endangered Species ◽  
Using Data ◽  
National Marine Fisheries Service ◽  
The U.S ◽  
Imperiled Species

ABSTRACTData on the implementation of laws and policies are essential to the evaluation and improvement of governance. For conservation laws like the U.S. Endangered Species Act (ESA), such data can inform actions that may determine the persistence or extinction of species. A central but controversial part of the ESA is section 7, which requires federal agencies to conserve threatened and endangered species. One way they do this is by consulting with expert agencies for the ESA, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), on actions they may undertake that impact listed species. Using data from all 24,893 consultations recorded by NMFS from 2000 through 2017, we show that federal agencies misestimated the effects of their actions on listed species in 21% of consultations, relative to the conclusions reached by NMFS. In 71% of these cases the federal agency underestimated the effects of their action. Those discrepancies were particularly important for the conservation of 14 species in 22 consultations, where the agency concluded that its action would not harm a species, while NMFS determined the action would jeopardize the species’ existence. Patterns of misestimation varied among federal agencies, and some of the agencies most frequently involved in consultation also frequently misestimated their effects. Jeopardy conclusions were very rare—about 0.3% of consultations—with a few project types more likely to lead to jeopardy. These data highlight the importance of consultation with the expert agencies and reveal opportunities to make the consultation process more effective.SIGNIFICANCE STATEMENTThe US Endangered Species Act is the strongest environmental law any nation has enacted to conserve imperiled species. However, policy debates over how the Act should be implemented continue to this day. This study provides the first comprehensive evaluation of how the National Marine Fisheries Service (NMFS) implements one of the Act’s most important conservation programs – consultations under section 7. Our results reveal novel insights into the importance of NMFS role in ensuring federal actions do not jeopardize the existence of listed species. By using data to inform policy debate, we identify approaches to implementing section 7 that would undermine the conservation of imperiled species, and those that could improve the efficiency of the program without sacrificing these protections.

scholarly journals Free Aerial Imagery as a Resource to Monitor Compliance with the Endangered Species Act

2017 ◽  
Author(s):  
Jacob Malcom ◽  
Tiffany Kim ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Endangered Species Act ◽  
Remotely Sensed ◽  
Aerial Imagery ◽  
Compliance Monitoring ◽  
Remotely Sensed Data ◽  
Commercial Development ◽  
Threatened And Endangered Species ◽  
Cost Efficient ◽  
Using Data

AbstractCompliance monitoring is an integral part of law and policy implementation. A lack of compliance monitoring for the Endangered Species Act (ESA), driven in part by resource limitations, may be undercutting efforts to recover threatened and endangered species. Here we evaluate the utility of freely available satellite and aerial imagery as a cost-efficient component of ESA compliance monitoring. Using data on actions authorized by the U.S. Fish and Wildlife Service (FWS) under section 7 of the ESA, we show that approximately 40% of actions can be found in remotely sensed imagery. Some types of actions, such as residential and commercial development, roadwork, and forestry, show substantially higher observability. Based on our results and the requirements of compliance monitoring, we recommend FWS standardize data collection requirements for consultations; record and publish terms and conditions of consultations; and encourage their staff to use technology such as remotely sensed data as a central part of their workflow for implementing the ESA.

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