The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nations species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists.
In this volume, leading Endangered Species Act experts interpret and propose legislative and administrative changes to prepare the ESA for future challenges. They explore regulations on avoiding harm to and producing benefits for species, cooperation between state and federal agencies, scientific analyses, and the necessary politics to enact their ideas.
This is a call to action to chart an enlightened future for the Endangered Species Act that embraces the nations moral commitment of 50 years ago to address species extinction constructively, mindful of biodiversity, and as a fixture among the nations values and needs. The interconnected web of life includes all living species that depend on each other for survival, us among them. The stakesour very futureare too high to ignore.
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If the last fifty years were about preventing extinction by establishing an effective ESA emergency room for the most imperiled species, the next half century must be about confronting the extinction crisis by building a system of preventative and rehabilitative care that invests both upstream to save at-risk species before theyre on the brink of extinction and to accelerate the recovery of species already listed. For years, Lowell Baier has been a key partner in our work by advancing a national conversation on the best way to recover at-risk species. He brings the same level of bipartisan zeal that originally brought the ESA to life. Through the Codex, he convenes a broad range of authors who aspire to improve the law so it can continue to thrive in a new, modern era. Lowell shines a light on all aspects of the ESA, from the technical and administrative to its economic, legal, and political implications. -- Senator Martin Heinrich, United States Senate, New Mexico (D) More than a decade has passed since the UN warned of the global threat to biodiversity. Yet, little has been accomplished to alleviate this threat to nature and society. The biodiversity crisis demands a comprehensive, collaborative, science-driven response. The Codex of the Endangered Species Act, Volume II offers a range of innovative conservation strategies for tackling this crisis building on the lessons learned over the past 5 decades in implementing this ground-breaking law. The Congress, federal and state fish and wildlife agencies and their conservation partners, private landowners, and conservation organizations all have opportunities to improve outcomes for species and their ecosystems. This book urges us to seize them now. -- Jim Lyons, USDA Under Secretary for Natural Resources and Environment; USDI Deputy Assistant Secretary, Lands and Minerals Management; Professor in the Practice of Natural Resource Management, Yale University; Lecturer, Yale School of Forestry The Endangered Species Act of 1973 spawned to thwart the continued loss of species. The law's effectiveness lies at the intersection of science and policy and this book captures the present need to improve science, policy, and their integration if we are to meet the challenges posed by the anthropogenic sixth mass extinction. The authors have assembled a star cast of leading experts and practitioners that culminated in a must-read for anyone concerned about the future of the nation's biodiversity. -- Dr. Edward B. Arnett Ph.D., CEO, The Wildlife Society. Certified Wildlife Biologist Wildlife conservation today too often seems an intractable problem. Conflicting priorities for land, resources, and funding divide us along familiar lines: public-private, state-federal, Republican-Democrat. The Codex of the Endangered Species Act, Volume II is a beacon of hope, offering solutions that bring people together. Over the course of more than a dozen essays by over 25 distinguished experts, the book presents a blueprint for a world where wildlife management is not riddled with conflict but is instead collaborative, innovative, and effective conservation. -- Leopoldo Miranda-Castro, Executive Director, Conservation Without Conflict. and Regional Director, U.S. Fish and Wildlife Service (2018-2022)
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Winner of Foreword Indie Awards Finalist 2023 and Most Likely to Save the Planet category 2024 and Foreward Indie Awards Finalist 2023.
Table of Contents
List of IllustrationsGuide to Acronyms and TermsForewordPrologueSummary of 14
ChaptersChapter 1: Species Recovery and State Wildlife Action Plans: Moving
the ESA from Regulation to Cooperation. John F. Organ,
Ph.D.IntroductionPremisesHistorical Perspective on the ESAGuiding Principles
for State Wildlife Action PlansState Wildlife Action Plans TodayNew
HopeChapter 2: Making an Asset of Endangered Species Recovery. Timothy Male,
Ph.D.Creating Predictable Offramps from New Reasonable and Prudent Measures
through a Net Conservation Benefit PlanCreating Population-Level Deregulatory
OpportunitiesFinancial Backing for Mitigation Credit SuppliesFloor
PriceWildlife Revolving Loan FundPay for Success Recovery
ContractingStandardizing a Baseline YearHow Would a Baseline Year
Work?Authorization of Private Landowner Payments for Hosting Listed
SpeciesConclusionsChapter 3: Unlocking the Full Power of Section 4(d) to
Facilitate Collaboration and Greater Species Recovery. David Willms,
J.D.History of 4(d) RulesThe 1975 Grizzly Bear 4(d) RuleThe Role of
Litigation in Species Delisting EffortsSocial Tolerance for Listed Species in
the Face of LitigationUsing Section 4(d) to Establish Benchmarks for
Incremental Delegation of Authority to StatesHypothetical GYA Grizzly Bear
4(d) Rule with Incremental Management Delegation to StatesChapter 4: Using
Practice-Based Regulations to Promote Collaborative Recovery of Threatened
Species. Robert L. Fischman, J.D.AbstractI. IntroductionII. The Collaborative
Governance Framework in ESA 4(d) RulesA. Substantive Standards for Protective
RegulationsB. Collaborative Governance ManifestationsIII.A Comprehensive
Evaluation of Protective RegulationsA. Who and WhereB. WhyC. HowD. How Long:
Review and RevisionIV.Lessons for More Effective Collaborative Governance
through Protective RegulationsA. A Framework for Preparing RegulationsB.
Cooperative FederalismC. Promoting Recovery1. A Conservation Standard
2.
Adaptive ManagementD. EnforcementE. Delisting TrialsV.ConclusionChapter 5:
The Species Status Assessment: A Framework for Assessing Species Status and
Risk to Support Endangered Species Management Decisions. Conor McGowan,
Ph.D., Nathan Allan, M.S., and David R. Smith, Ph.D.IntroductionFraming the
Problem and the Impetus for the SSA FrameworkThe Decision ProblemDecision
OpportunitiesThe Species Status Assessment FrameworkSpecies NeedsCurrent
ConditionsFuture ConditionsThe Three
RsResiliencyRedundancyRepresentationSSAs in the Decision ProcessFuture
Challenges and OpportunitiesAcknowledgementsChapter 6: The Future of Habitat:
Lessons From the Dusky Gopher Frog Conflict. Jonathan Wood, J.D. and Tate
Watkins, M.A.I. The ESAs Critical Habitat ProvisionsII. A Shy Frog,
Uninhabitable Critical Habitat, and Supreme ConflictIII. Critical Habitats
Private Land ProblemIV. Lessons for Species Recovery From the Dusky Gopher
Frog ConflictA. Is the Land Public or Privately Owned?B. Is the Land Occupied
or Unoccupied?C. Is the Land Habitable or Does It Require Restoration
Efforts?V. Turning Habitat From a Liability into an AssetA. Repeal the
Critical Habitat Provisions and Pursue Habitat Conservation By Other MeansB.
Purchase of Habitat or Potential HabitatC. Incentives for Recovery EffortsD.
Rewards for Provision of Ecosystem ServicesVI. ConclusionChapter 7: The ESA
and Landscape Conservation: A Vision for the Future. Ken Elowe,
Ph.D.Landscape ConservationWhat Does this Have to Do with the ESA?An
OpportunityDoes This Work?A Conservation ImperativeThe Future of
ConservationChapter 8: Scenarios for the Next 50 Years. Gregory
Schildwachter, Ph.D.IntroductionPremisesBetter MeasuresA Model for Building
ScenariosInputsPolitical InputsScenario Element: Add Collaboration as a
Political InputTime and Money ResourcesScenario Element: Improved Measures of
InputsScenario Element: Additional Funds from the Private Sector as
InputsSummary of Scenario Elements for InputsActivitiesPolitical
ActivitiesScenario Element: Developing, Pitching, and Promoting Policy and
Program ProposalsAdministrative ActivitiesScenario Element: Directing
Activities by Priority and EfficiencyScenario Element: Using Saved Time and
Money for Other ActivitiesSummary of Scenario Elements for ActivitiesOutputs
and OutcomesScenario Element from Outputs: A More Informative Box
ScoreAdministrative and Political OutputsScenario Element from Outputs:
Higher Numbers of Timely ApprovalsScenario Element from Outputs: An Agenda of
Active Collaborative ProposalsSummary of Scenario Elements for Outputs and
OutcomesRearranging the ObviousScenario OneScenario TwoScenario ThreeFinal
ScenarioChapter 9: The Role of Genomics in the Future of ESA Decision-Making.
Brenna R. Forester, Ph.D. and Tanya Lama, Ph.D.IntroductionThe Role of
Genetics and Genomics in the ESA: ListingTaxonomy and Classification
StatusAssessing Current Conditions and Relationships to Past ChangeAssessing
Response to Future ConditionsThe Role of Genetics and Genomics in the ESA:
RecoveryDeveloping Recovery UnitsIdentifying Recovery CriteriaIdentifying
Recovery ActionsMonitoring RecoveryFrontiers in Conservation Genomics & the
Next Fifty YearsAcknowledgementsChapter 10: The Future of Section 10
Multiple Species Habitat Conservation Plans? Douglas P. Wheeler, J.D. and
Dale Ratliff, J.D.IntroductionThe Early ESA and Enactment of Section 10A.1982
ESA AmendmentB.The No Surprises RuleLarge-Scale, Multispecies HCPs: Taking
Stock of the Western Riverside MSHCP as a National ModelA.Background: The
Western Riverside County Multiple-Species HCPB.Habitat Acquisition under the
Western Riverside MSHCPC.Project Efficiency and Cost Savings: A Successful
Model for Supporting Needed InfrastructureD.Lessons Learned: Multi-Agency
Wetland Permitting1. The Western Placer County Habitat Conservation Plan and
Natural Community Conservation Plan2. Increased Coordination in
Administration of the Western Riverside MSHCPThe Future of MSHCPS:
Multi-Species and Multi-States HCPs for Renewable and Transmission
ProjectsA.The Midwest Wind Energy Multi-Species HCP1. Resource Equivalency
Analysis and Evidence of Absence2. The Midwest Short-Term TemplateB.The
R-Project HCPC.Renewable Energy HCP for the Lesser Prairie-ChickenFuture
DirectionsA.Increased Inventory Efforts and Focus on Biological Hot
SpotsB.Better Funding Mechanisms to Create Certainty and Promote Advanced
ImplementationC.Increased Efficiency in Development and ApprovalsD.MSHCPs and
RecoveryConclusionChapter 11: Improving cooperative state and federal species
conservation efforts. Temple Stoellinger, J.D., Michael Brennan, J.D., Sara
Brodnax, MEM, Ya-Wei (Jake) Li, J.D., Murray Feldman, J.D., and Bob Budd,
M.S.I. IntroductionII. BackgroundIII. The WorkshopSection 1: State-Led
ConservationSection 2: Pre-Listing ConservationSection 3: Enhancing
Opportunities for State Science and State Participation in Species Status
Assessment PreparationSection 4: Expand Opportunities for States to Help
Develop and Implement 4(d) Rules for Threatened SpeciesSection 5:
Communication Principles for States and the FWSSection 6: Recovery Planning
and Implementation and DelistingSection 7: Funding Needs for Conservation of
All SpeciesIV. ConclusionChapter 12: Integrating Social and Environmental
Science in Decision Making for Endangered Species Management. Shawn J. Riley,
Ph.D. and Angela K. Fuller, Ph.D.Decisions and the ESASome Basic Social
Science for Decision Aiding in Endangered Species ManagementThe National
Environmental Policy Act and the Endangered Species ActDecision Making under
NEPA and Parallels to Structured Decision Making and Adaptive Management
FrameworksSynthesis and Future DirectionsChapter 13: Conservation Without
Conflict: A Collaborative Approach to the Endangered Species Act. James F.
Bullock, Jr., M.S., and Cindy K. Dohner, M.S.Foundation for Collaborative
ConservationThe Black Bear Conservation CommitteeConservation Without
ConflictSidebar: Conservation Without Conflict Operating PrinciplesChapter
14: The Endangered Species Act: The Next Fifty Years. Lowell E. Baier, J.D.,
John F. Organ, Ph.D., and Christopher E. Segal,
J.D.AcknowledgementsBibliography IndexAbout the Contributors
Lowell E. Baier is an attorney and a legal and environmental historian and author. He has worked in Washington, D.C. throughout his fifty-eight-year career as a tireless advocate for natural resources and wildlife conservation.
John F. Organ is Chief of the Cooperative Fish and Wildlife Research Units and Senior Science Advisor for Cooperative Research for the U.S. Geological Survey.
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