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 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 Extinction and the U.S. Endangered Species Act

2019 ◽  
Author(s):  
Noah Greenwald ◽  
Kieran F Suckling ◽  
Brett Hartl ◽  
Loyal Mehrhoff
Keyword(s):  
United States ◽  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Species Extinction ◽  
Number Of Species ◽  
The U.S ◽  
Species Extinctions

The United States Endangered Species Act is one of the strongest laws of any nation for preventing species extinction, but quantifying the Act’s effectiveness has proven difficult. To provide one measure of effectiveness, we identified listed species that have gone extinct and used previously developed methods to update an estimate of the number of species extinctions prevented by the Act. To date, only four species have been confirmed extinct with another 22 possibly extinct following protection. Another 71 listed species are extinct or possibly extinct, but were last seen before protections were enacted, meaning the Act’s protections never had the opportunity to save these species. In contrast, a total of 39 species have been fully recovered, including 23 in the last 10 years. We estimate the Endangered Species Act has prevented the extinction of roughly 291 species since passage in 1973, and has to date saved more than 99 percent of species under its protection.

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 A Monitoring Policy Framework for the United States Endangered Species Act

2020 ◽  
Author(s):  
Meg Evansen ◽  
Jacob Malcom ◽  
Andrew Carter
Keyword(s):  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Policy Framework ◽  
Effectiveness Monitoring ◽  
Starting Point ◽  
The Status ◽  
Conservation Actions ◽  
Compliance With The Law ◽  
The U.S

Biodiversity is deteriorating at a global level as human actions like development, overexploitation, climate change, pollution, and other factors have led to a dramatic increase in the rate of extinction. The U.S. Endangered Species Act is considered one of the strongest laws in the world for protecting wildlife, but its effectiveness depends on proper implementation. Despite the importance of ensuring such proper implementation, the agencies that implement the Act, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (FWS and NMFS; Collectively, the Services) have no systematic monitoring policy to allow such evaluation. This lack of monitoring means the Services cannot accurately evaluate the success of recovery actions, make effective listing, delisting, and downlisting decisions, which can not only put species at risk for further decline, but also result in the misallocation of oftentimes scarce conservation funding. We posit that the absence of a monitoring policy has led to the lack of comprehensive systems to monitor and report on: a) compliance with the law, b) the effectiveness of conservation actions, or c) the state of listed species populations or the status of their threats. To help address this gap, we drafted a monitoring policy that covers (1) biological monitoring; (2) threats monitoring; (3) compliance monitoring; (4) effectiveness monitoring; and (5) investment analysis. The need for increased transparency within and outside the Services; accommodating emerging technologies; and addressing the need for detailed qualitative and quantitative data are considered in this proposal. This blueprint provides a starting point for more detailed monitoring policy and guidance that can help ensure efficient and effective implementation of the ESA and lead to better conservation outcomes for imperiled species.

scholarly journals Extinction and the U.S. Endangered Species Act

2019 ◽  
Author(s):  
Noah Greenwald ◽  
Kieran F Suckling ◽  
Brett Hartl ◽  
Loyal Mehrhoff
Keyword(s):  
United States ◽  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Species Extinction ◽  
Number Of Species ◽  
The U.S ◽  
Species Extinctions

The United States Endangered Species Act is one of the strongest laws of any nation for preventing species extinction, but quantifying the Act’s effectiveness has proven difficult. To provide one measure of effectiveness, we identified listed species that have gone extinct and used previously developed methods to update an estimate of the number of species extinctions prevented by the Act. To date, only five species have been confirmed extinct with another 22 possibly extinct following protection. Another 71 listed species are extinct or possibly extinct, but were last seen before protections were enacted, meaning the Act’s protections never had the opportunity to save these species. In contrast, a total of 39 species have been fully recovered, including 23 in the last 10 years. We estimate the Endangered Species Act has prevented the extinction of roughly 465 species since passage in 1973, and has to date saved more than 99 percent of species under its protection.

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 Extinction and the U.S. Endangered Species Act

2019 ◽  
Author(s):  
Noah Greenwald ◽  
Kieran F Suckling ◽  
Brett Hartl ◽  
Loyal Mehrhoff
Keyword(s):  
United States ◽  
Endangered Species ◽  
Endangered Species Act ◽  
The United States ◽  
Species Extinction ◽  
Number Of Species ◽  
The U.S ◽  
Species Extinctions

The United States Endangered Species Act is one of the strongest laws of any nation for preventing species extinction, but quantifying the Act’s effectiveness has proven difficult. To provide one measure of effectiveness, we identified listed species that have gone extinct and used previously developed methods to update an estimate of the number of species extinctions prevented by the Act. To date, only four species have been confirmed extinct with another 22 possibly extinct following protection. Another 71 listed species are extinct or possibly extinct, but were last seen before protections were enacted, meaning the Act’s protections never had the opportunity to save these species. In contrast, a total of 39 species have been fully recovered, including 23 in the last 10 years. We estimate the Endangered Species Act has prevented the extinction of roughly 291 species since passage in 1973, and has to date saved more than 99 percent of species under its protection.

scholarly journals A Database of Habitat Conservation Plans and Related Documents Developed Under the U.S. Endangered Species Act

2021 ◽  
Author(s):  
Andrew Carter ◽  
Jacob Malcom ◽  
Heather Harl
Keyword(s):  
Endangered Species ◽  
Endangered Species Act ◽  
Habitat Conservation ◽  
Freedom Of Information ◽  
Data Resource ◽  
Habitat Conservation Plan ◽  
Threatened And Endangered Species ◽  
Conservation Plan ◽  
Conservation Plans ◽  
The U.S

Under the U.S. Endangered Species Act, non-federal parties may be permitted to “take,” or harm, listed threatened and endangered species provided they develop an appropriate “habitat conservation plan” that details how the applicant will minimize and mitigate the impacts of their activities on the species at issue. Despite widespread use of such plans, with more than 700 approved to date, there have been few systematic analyses to determine their effectiveness in protecting imperiled wildlife. This has been driven by a lack of a centralized repository of essential habitat conservation plan documents, from the plans themselves to required monitoring reports. Here we present a new data resource of 6,290 documents related to 601 separate HCPs, assembled through a United States Freedom of Information Act request to the U.S. Fish & Wildlife Service, supplemented by web scraping of available HCP documents online. We describe the completeness of responses, characterize the scope of documents, and identify data and research gaps.

Biological Criteria for Definition of Species and Distinct Intraspecific Populations of Anadromous Salmonids Under the U.S. Endangered Species Act of 1973

1981 ◽  
Vol 38 (12) ◽  
pp. 1626-1635 ◽  
Author(s):  
Fred M. Utter
Keyword(s):  
Life History ◽  
Rainbow Trout ◽  
Endangered Species ◽  
Genetic Data ◽  
Endangered Species Act ◽  
The United States ◽  
Salmo Gairdneri ◽  
Biological Species Concept ◽  
Isolated Populations ◽  
The U.S

The validity of most recognized species of salmonids under the biological species concept is supported by evidence from diverse sources. However, the specific status of a number of recently diverged populations remains uncertain. In the United States, it is particularly important to consider the possibility of unrecognized reproductively isolated populations for protection under the U.S. Endangered Species Act of 1973 (ESA).Innate life history differences among species as well as numerous uncertainties within species preclude the use of a generalized model based on homing as the sole or primary means of defining discrete population segments of anadromous salmonid species. A process involving successive samplings, analyses, and syntheses of data from populations of a particular area is suggested. A major requirement of this process is reliable genetic data. The capability for the detection of allelic proteins by electrophoretic methods has provided a major tool for identifying and measuring genetic differences among populations and species. These data are necessary, but often insufficient for identifying most population segments and must be complemented by other biological and life history data as well as by historical and geological information. Provisional classifications of threatened or endangered populations on the basis of incomplete data may be necessary in many instances, but final classifications should depend on complete sets of data.Transplanted and hatchery populations complicate the identification and management of anadromous salmonid populations under the ESA. Some evidence is cited that indicates a potential or actual adverse genetic effect of hatchery or transplanted fish on some native populations, and current studies designed to measure such effects are mentioned. The technical and economical feasibility for measuring these effects suggest that such measurements should be a requisite for new or extended transplantation and hatchery operations.Further data are needed to determine whether or not threatened or endangered species and populations can be artificially perpetuated and still retain the capability to adapt to wild environments upon reintroduction to native habitats. This capability apparently exists in some domesticated strains of rainbow trout (Salmo gairdneri). However, large differences exist in the intrinsic levels of genetic variation between most domesticated populations of rainbow trout and many threatened or endangered natural populations of salmonids.Key words: criteria, intraspecific, anadromous salmonid populations, genetic data

scholarly journals Same law, diverging practice: comparative analysis of Endangered Species Act consultations by two federal agencies

2017 ◽  
Author(s):  
Megan Evansen ◽  
Ya-Wei Li ◽  
Jacob Malcom
Keyword(s):  
Endangered Species ◽  
Wildlife Conservation ◽  
Endangered Species Act ◽  
Sea Turtle ◽  
Federal Agencies ◽  
Turtle Species ◽  
Threatened And Endangered Species ◽  
National Marine Fisheries Service ◽  
The U.S

ABSTRACTEvaluating how wildlife conservation laws are implemented is critical for safeguarding biodiversity. Two agencies, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (FWS and NMFS; Services collectively), are responsible for implementing the U.S. Endangered Species Act (ESA), which requires federal protection for threatened and endangered species. FWS and NMFS’ comparable role for terrestrial and marine taxa, respectively, provides the opportunity to examine how implementation of the same law varies between agencies. We analyzed how the Services implement a core component of the ESA, section 7 consultations, by objectively assessing the contents of >120 consultations on sea turtle species against the requirements in the Services’ consultation handbook, supplemented with in-person observations from Service biologists. Our results showed that NMFS consultations were 1.40 times as likely to have higher completeness scores than FWS consultations given the standard in the handbook. Consultations tiered from an FWS programmatic consultation inherited higher quality scores of generally more thorough programmatic consultations, indicating that programmatic consultations could increase the quality of consultations while improving efficiency. Both agencies commonly neglected to account for the effects of previous consultations and the potential for compounded effects on species. From these results, we recommend actions that can improve quality of consultation, including the use of a single database to track and integrate previously authorized harm in new analyses and the careful but more widespread use of programmatic consultations. Our study reveals several critical shortfalls in the current process of conducting ESA section 7 consultations that the Services could address to better safeguard North America’s most imperiled species.

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