The Politics of The Endangered An Overview Species Act Introduce concepts important in public policy 1. development Highlight science’s role in the ESA 2. Review key provisions of act 3. Discussion of a case study 4. Material by Chris Reenock, Political Sciences FSU Public Policy -- Key Concepts How does Science fit into this? � Policy Image – Policies have multiple images (positive and negative) � Part I Policy Image – The public focuses on the “dominant” image – Provides tools to shape policy image – The dominant image varies over time (ebb and flow) – Policymakers and stakeholders have incentives to manipulate policy images � Part II Policy Venue � Policy Venue – Legislature, Executive Branch, Courts, Federalism – Supplies information to implement policy choices – Every venue carries with it a decisional bias – Majority rule – Burden of Proof – Conflict expansion forces venue change Policy Images of the ESA Part I The Role of Science in the � “One of the strongest most comprehensive environmental programs ever enacted.” Production of Policy Images � “The final barrier preventing the extinction of thousands of species; preserving untold opportunities for human � A contested policy image advances.” – Politics is negotiation of priorities � “Represents the power of the extremist environmental � Scientific studies special interests over those of the reasonable common � Knowledge Production citizen.” – Biological – Economic � Application of Knowledge � “A clear violation of personal property rights; in need of comprehensive amendment.”
Source: PublicAgenda.org Science’s Impact on The Public’s Large Incentives to Politicize Concern Scientific Knowledge Production � Public uncertainty is key � Specifying the Extent of the Threat � Interests benefit from the public’s (un)certainty � Specifying the Importance of a Species to the � Politics creeps into both the production and Ecosystem dissemination of scientific knowledge � Specifying the Balance of Ecological vs. – Over/under emphasis on species threat Economic concerns – Over/under emphasis on single species value – Over/under emphasis on critical habitat – Over/under emphasis on ecological vs. economic tradeoffs Part II The Basic Components of the The Role of Science in Policy Venues Fish and Wildlife Services (FWS) lead � agency at the Federal level � Supplies critical information in policy debates Listing Species 1. � Most critical in Agency/Judicial Venues Species Protection � Species Listing Decisions 2. � Designation of Critical Habitat � Once listed they qualify for: Protection/Recovery 1. � To appreciate let’s consider specific provisions of Critical Habitats 2. Financial Assistance the ESA 3.
Current Listings as of 1. Listing and De-listing 9-1-2003 Species � “Endangered species" means any species which is in danger of extinction throughout all or a significant portion of its range. � “Threatened species" means any species which is likely to become an endangered species within the foreseeable future The Role of Science in The Listing and De-listing Listing Process Decisions Status Survey/Status Report � � Biological decisions based upon the “best scientific and commercial data available.” An accurate field survey 1. Museum/Literature research 2. 3. Estimate biological vulnerability � “Solicit the expert opinions of three Projected populations – appropriate and independent specialists Habitat considerations – Estimate certainty that conservation efforts will be 4. regarding pertinent scientific or commercial implemented data and assumptions…” The certainty that conservation efforts will succeed 5. Quantifiable performance measures � Each step of this process is open to political debate � Listing Decision Tree
De-Listing � A species can be de-listed for one of three reasons: – The species is extinct – The species is recovered to the point where protection is no longer necessary – Data used in the original listing was in error � Another political resource to exploit Changes In Listing Status � 32 species currently listed have changed status between “Endangered” and “Threatened” 8 have moved from Threatened to Endangered 28 have moved from Endangered to Threatened 2. Species Protection � What Benefits Does ESA Provide?
Congratulations! Originally Listed 1967 Section 9 – Prohibited Acts: provides guidance regarding activities determined to result in take . � You’ve made the list – What do you win? � Protective Regulations � Recovery Plans – Maybe Prohibits “Taking” The Key Provisions of the Act � Prohibits any action that will “harass or harm” a member of an endangered species. Section 4 – provides guidance regarding the promulgation of � To take: protective rules (e.g., 4(d) rules ), the – “pursue, hunt shoot wound, kill trap capture or collect. steps within the listing determination process, the designation of � To harm: critical habitat , and recovery plans. – Any act that significantly modifies habitat – Impairs essential behavior patterns – Breeding, feeding, shelter Critical Habitat cont’d Critical Habitat � FWS designates critical habitat on the basis of “the best scientific data available” � "critical habitat" for a threatened or endangered species means – Must consider economic impact of specifying any particular area as critical habitat. � (i) the specific areas within the geographical area occupied by the species…on which are found those physical or biological features � Secretary may exclude any area from critical habitat if the benefits of such exclusion outweigh the benefits – (I) essential to the conservation of the species and of specifying such area as critical habitat. – (II) which may require special management considerations – Only if this action will not result in the extinction of the or protection species. � Designation prevents modification to such critical habitats to � 428 species currently have Critical Habitats the point that they will no longer aid in the species’ recovery
The Role of Science in The Large Incentives to Politicize Designation of Critical Habitats Scientific Knowledge Production � Policy Uncertainty is key � Demonstrate species occupies geographical area � Interests benefit from altering policy (un)certainty � Demonstrate that geographical area is � Politics creeps into both the production and essential to the conservation of species dissemination of scientific knowledge � Must conduct a full scale economic analysis of – Over/under emphasis on species location and numbers – Over/under emphasis on criticality of habitat for species each Critical Habitat designation – Over/under emphasis on ecological vs. economic tradeoffs Critical Habitats in the U.S. 428 species currently have Critical Habitats Provisions of ESA: Critical Habitat Provisions of ESA: Critical Habitat � Critical Habitat (as a recovery tool) � Does Politics Matter? – Has ranged from as little as 10 acres up to over 80 million acres – Clinton � 115 million acres for 50 species � Reduced size of 64% FWS proposals – average reduction 9% – Bush � No voluntarily designations � 40 million acres for 195 species � Reduced size of 92% FWS proposals – average reduction 76%
Incidental Taking and Habitat Conservation Plans (Amended 1982) Section 10 – Exceptions: provides guidance regarding the issuance of incidental take � Incidental Taking -- any taking otherwise permits and the development of habitat prohibited… if such taking is incidental to, and not conservation plans . the purpose of, the carrying out of an otherwise lawful activity. � Applicants provide a Habitat Conservation Plan which details steps to mitigate and minimize takings. � Over 430 HCPs have been approved The Coal-Fired Electricity Gibson Generating Station (Cinergy) and The Least Tern Case the Least Tern � The Gibson HCP. – Restoration of the 463 acre Cane Ridge Wildlife area – In turn, incidental taking allowed so as to not exceed 5% of the current population The Least Tern Case A Case Study � Results – Population rose to 85 adults with 72 fledglings in 1999 – Cinergy was awarded the 1999 regional winner of the Fish and Wildlife Service's National Wetland Conservation Award
The California Desert • 25-million acre expanse of land by Congress in 1976 through the Federal Land Policy and Management Act. 49,310 • 10 million acres are administered by the U.S. Bureau of Land Management (BLM). • Management based on the concepts of multiple use, sustained yield, and maintenance of environmental quality Multiple Use: Recreational Algodones Dunes Activities (a.k.a. The Imperial Sand Dunes) The Development of Political Pierson’s Milkvetch Conflict � ( Astragulus magdelenae var. peirsonii ) is a silvery, � March 2000. Center for Biological Diversity, Public short-lived perennial plant. Employees for Environmental Responsibility, and Sierra Club sue the BLM for failure to consider the � In the U.S., the plant is ESA known only known to exist in the Algodones Dunes of the California Desert � October 2000 BLM Issues a Settlement Conservation Area � November 2000 Temporary Ban Issued on 5 areas In � In 1998 it was listed as a “threatened” species by the The Imperial Sand Dunes totaling 49,310 acres Federal Government
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