Endangered Species Laws Research Articles

The International Legacy of the United States Endangered Species Act of 1973

December 2023 will mark the 50th anniversary of the passage of the 1973 Endangered Species Act of the United States. This landmark Act by the US Congress was made possible through strong bipartisan political cooperation on environment protection, capping off a string of progressive legislative victories that would set the tone for US environmental policy at local, state, and federal government levels for decades. Beyond its domestic significance, the 1973 Endangered Species Act had a clear and recognizable impact on global environmentalism by influencing and inspiring endangered species legislation in other nations as well as the 1992 Convention on Biological Diversity. At the time of its passage, the US Endangered Species Act (ESA) was far and away the most comprehensive piece of legislation ever enacted to halt and reverse rising rates of species extinction and biodiversity loss. Other nations emulated the ESA in past and present endangered species laws and regulations, even as late as 2019, leading to the eventual emergence of a set of global standard practices for species and habitat protections that endure to this day, practices with clear American roots. This study explores the degree to which the past and present endangered species laws of other English-speaking jurisdictions borrowed from or mimicked the US Endangered Species Act in purpose, style, form, and function. Further analysis is undertaken to reveal the extent to which Japan’s own endangered species protection statute is likely influenced by the US ESA. The ESA’s influence on global environmental norms and wildlife protection practices is first explored through the lens of international relations theory, in particular the ‘constructivist’ school of thought that helps explain recognized patterns in global environmental cooperation. The study demonstrates how the 1973 Endangered Species Act essentially became a template for other national and provincial governments to model and even mimic when these governments were designing and enacting their own endangered species management protection programs. Historically, the ESA’s passage and its emulation by other polities are indicative of the degree to which the United States has impacted and continues to greatly impact and influence global wildlife law and policy.

Braiding Indigenous rights and endangered species law

Recovery targets fall short of culturally meaningful abundance.

Dissecting the illegal pangolin trade in China: An insight from seizures data reports

Wildlife trafficking poses a major threat to global biodiversity. Species such as pangolins are particularly vulnerable and trade continues almost unabated despite numerous interventions aimed at eradicating illegal wildlife trade. Despite restrictions on the pangolin trade, thousands of pangolins continue to be intercepted annually. We focused on China because of the recent delisting of pangolins from the Chinese pharmacopeia, and their removal from healthcare insurance, despite deeply ingrained traditions of having pangolins for ethno-medicinal use. We collated pangolin interception data from public online media seizure reports to characterize the pangolin trade within China, and found that a total of 326 independent seizures equivalent to 143,130 pangolins (31,676 individuals and 222,908 kg of scale) were reported in 26 provinces. Pangolin domestic seizures are greatest in the southern cities of Dehong, Fangchenggang, and Guangzhou. Also, we found 17 countries within the global pangolins range which were the major source of the pangolin shipments to China. The number of arrests and convictions was much lower than the number of pangolin incidents reported. Our results show a significant increase in the volume of scales and number of live pangolin seizures after amended endangered species law came into effect in 2018, and recorded the highest number of individual pangolin interceptions. China has shown increasing wildlife seizures over time, owing partly to emergent trends in the international wildlife trade as well as increasing global demand for ethnomedicine. The future eradication of illegal wildlife trade in China is dependent not only on stringent border control and offender prosecution but also the; removal of other threatened species from the pharmacopeia and healthcare insurance which includes wildlife derivatives. Furthermore, our work highlights importance of current policy intervention to combat the pangolin trade within China, and the need for further interventions both within China and in export countries.

Protecting biodiversity in British Columbia: Recommendations for developing species at risk legislation

British Columbia has the greatest biological diversity of any province or territory in Canada. Yet increasing numbers of species in British Columbia are threatened with extinction. The current patchwork of provincial laws and regulations has not effectively prevented species declines. Recently, the Provincial Government has committed to enacting an endangered species law. Drawing upon our scientific and legal expertise, we offer recommendations for key features of endangered species legislation that build upon strengths and avoid weaknesses observed elsewhere. We recommend striking an independent Oversight Committee to provide recommendations about listing species, organize Recovery Teams, and monitor the efficacy of actions taken. Recovery Teams would evaluate and prioritize potential actions for individual species or groups of species that face common threats or live in a common area, based on best available evidence (including natural and social science and Indigenous Knowledge). Our recommendations focus on implementing an adaptive approach, with ongoing and transparent monitoring and reporting, to reduce delays between determining when a species is at risk and taking effective actions to save it. We urge lawmakers to include this strong evidentiary basis for species recovery as they tackle the scientific and socioeconomic challenges of building an effective species at risk Act.

Opportunities and barriers for endangered species conservation using payments for ecosystem services

Endangered species laws seek to prevent extinction by outlawing actions that may cause harm or lead to extinction. In doing so, these laws are sometimes criticized for limiting management flexibility and subjecting landowners to regulatory burdens. One proposed solution to this challenge is development of payment for ecosystem service (PES) programs. These programs provide an economic incentive to conserve endangered species by compensating landowners for the costs of conservation or forgoing other profitable uses of land and resources. To assess the utility of PES as a means of overcoming opposition to endangered species regulations, we surveyed ranch operators in Arizona and New Mexico facing new regulations related to endangered jaguars (Panthera onca). Our findings suggest that PES cannot overcome the perceived burdens of species protection regulations and are unlikely to increase collaboration between landowners and government agencies. PES approaches are only likely to succeed where there is strong fit between institutional design and resource manager preferences. In the context of endangered species, PES proponents must pay particular attention to institutional arrangements that reduce concerns about regulatory risk. To this end, to effectively meet endangered species conservation goals, we recommend: 1) framing PES programs as voluntary conservation incentives, 2) focusing incentives on healthy ecosystems rather than a single species, and 3) using private funding to support incentives. Under these circumstances, PES may be an effective endangered species conservation tool.

Sturgeon and Paddlefish Migration: Evidence to Support the Need for Interjurisdictional Management

Paddlefish Polyodon spathula and three sturgeon species are present in the upper Mississippi River; of these four species, two are commercially and recreationally important (Paddlefish and Shovelnose Sturgeon Scaphirhynchus platorynchus), and two are protected under federal or state endangered species laws (Pallid Sturgeon S. albus and Lake Sturgeon Acipenser fulvescens). Before management strategies can be implemented, quantification of movement patterns is necessary to determine the appropriate spatial scale for management. To increase the available relevant information, we investigated broad‐scale movement patterns of the above species in the upper Mississippi River by using telemetry. All four species were capable of long‐range (>300‐km) movements, and these movements were cued by the changing river stages and water temperature. Ultimately, our data suggest that sturgeon and Paddlefish movement patterns are highly variable, with fish moving freely among rivers (e.g., the Mississippi, Missouri, Illinois, Ohio, and Des Moines rivers) across many political boundaries and encompassing multiple regulatory agencies. This migratory nature can lead to portions of the population being subject to harvest in multiple management units, affecting population dynamics, biology, harvest, and management/recovery in both the natal area and in the harvest areas. To effectively manage or recover these highly mobile fish populations, interjurisdictional collaboration will be necessary.

Habitat restoration opportunities, climatic niche contraction, and conservation biogeography in California's San Joaquin Desert.

A recent global trend toward retirement of farmland presents opportunities to reclaim habitat for threatened and endangered species. We examine habitat restoration opportunities in one of the world’s most converted landscapes, California’s San Joaquin Desert (SJD). Despite the presence of 35 threatened and endangered species, agricultural expansion continues to drive habitat loss in the SJD, even as marginal farmland is retired. Over the next decades a combination of factors, including salinization, climate change, and historical groundwater overdraft, are projected to lead to the retirement of more than 2,000 km2 of farmland in the SJD. To promote strategic habitat protection and restoration, we conducted a quantitative assessment of habitat loss and fragmentation, habitat suitability, climatic niche stability, climate change impacts, habitat protection, and reintroduction opportunities for an umbrella species of the SJD, the endangered blunt-nosed leopard lizard (Gambelia sila). We use our suitability models, in conjunction with modern and historical land use maps, to estimate the historical and modern rate of habitat loss to development. The estimated amount of habitat lost since the species became protected under endangered species law in 1967 is greater than the total amount of habitat currently protected through public ownership and conservation easement. We document climatic niche contraction and associated range contraction away from the more mesic margins of the species’ historical distribution, driven by the anthropogenic introduction of exotic grasses and forbs. The impact of exotic species on G. sila range dynamics appears to be still unfolding. Finally, we use NASA fallowed area maps to identify 610 km2 of fallowed or retired agricultural land with high potential to again serve as habitat. We discuss conservation strategies in light of the potential for habitat restoration and multiple drivers of ongoing and historical habitat loss.

Neonicotinoid approvals violated endangered species law

In a win for beekeepers and wildlife groups, a federal trial court ruled that EPA violated the Endangered Species Act when it approved the use of 59 products containing neonicotinoid pesticides between 2007 and 2012. The U.S. District Court for the Northern District of California issued the opinion in response to a 2013 lawsuit filed against EPA by food safety advocates, beekeepers, and other public interest groups. The groups claim that two neonicotinoid insecticides—clothianidin and thiamethoxam—“have been shown to adversely impact the survival, growth, and health of honeybees and other pollinators vital to U.S. agriculture.” Also, these pesticides have “harmful effects on other animals, including threatened and endangered species,” the groups contend. The court determined that EPA failed to consult with the Fish & Wildlife Service about the effects of the two pesticides on endangered and threatened species. The court sided with EPA, meanwhile, on several other points raised in

Wonder, ignorance, and resistance: Landowners and the stewardship of endangered species

The vast majority of endangered species in North America rely on private lands for survival. The United States Endangered Species Act set the standard for regulation of land for species-at-risk habitat in 1973. In 2007 the Canadian province of Ontario adopted a similar law that can restrict land management practices. There is a growing body of international research on endangered species conservation and private lands, but there is still much we do not fully understand regarding landowners' knowledge, attitudes, and motivations to participate in conservation initiatives, particularly outside the United States. Based on in-depth interviews with twenty-one rural landowners in Southern Ontario, we show that landowners may be willing to engage in endangered species stewardship but are presently largely ignorant of endangered species and existing policy. Many landowners described personal experiences of wonder in nature, which motivates them to value nature and its conservation. However, they are resistant to outside regulation of how they manage their own property. From a policy perspective this speaks to the need for serious landowner outreach and collaboration to increase knowledge of endangered species, capitalize on existing willingness, and ensure compliance with endangered species law. More broadly our data suggest that opposition to land-use regulation still exists among rural landowners, but opposition to conservation of endangered species is not prevalent.

FORENSIC ANALYSIS OF CITES-PROTECTED DALBERGIA TIMBER FROM THE AMERICAS

Species identification of logs, planks, and veneers is difficult because they lack the traditional descriptors such as leaves and flowers. An additional challenge is that many transnational shipments have unreliable geographic provenance. Therefore, frequently the lowest taxonomic determination is genus, which allows unscrupulous importers to evade the endangered species laws. In this study we explore whether analysis of wood using a Direct Analysis in Real Time (DART) Time-Of-Flight Mass Spectrometer (TOFMS) can assist in making unequivocal species determinations of Dalbergia. DART TOFMS spectra were collected from the heartwood of eight species of Dalbergia and six other look-alike species. In all, fourteen species comprising of 318 specimens were analyzed and the species chemical profiles were examined by statistical analysis. Dalbergia nigra (CITES Appendix I) was differentiated from D. spruceana; D. stevensonii (Appendix II) was distinguished from D. tucurensis (Appendix III), and all the look-alike timbers could be readily distinguished. Surprisingly, D. retusa (Appendix III) could not be differentiated from D. granadillo, and we postulate that they are synonymous. We conclude that DART TOFMS spectra are useful in making species identifications of American Dalbergia species, and could be a valuable tool for the traditional wood anatomist.

The Western Riverside County Multiple Species Habitat Conservation Plan: 10 Years Later

Urban development in Southern California over the past few decades has largely concentrated on the coastal areas. In contrast, Riverside County, California's fourth largest county, which sits inland from the coast and is about the size of New Jersey, has until recently retained much of its rural and agricultural acreage with a significant percentage of its land undeveloped. With so much open space, western Riverside County was among the inland areas of Southern California left with a majority of the remaining intact habitat areas for species, sometimes making it “ground zero” for a battle between saving habitat for endangered species and building new homes and infrastructure in a fast‐growing area. That tug‐of‐;war eventually led to the formation of one of the nation's largest Habitat Conservation Plans (HCPs) covering nearly 150 plants and animals protected by endangered species laws or potentially in danger of becoming listed as endangered or threatened.

Creating Legal Space for Animal-Indigenous Relationships

Creating Legal Space for Animal-Indigenous Relationships

Species delineation and global population structure of Critically Endangered sawfishes (Pristidae)

Sawfishes are among the most endangered of all elasmobranch species, a factor fostering considerable worldwide interest in the conservation of these animals. However, conservation efforts have been hampered by the confusing taxonomy of the group and the poor state of knowledge about the family's geographical population structure. Based on historical taxonomy, external morphology, and mitochondrial DNA sequences (NADH-2), we show here that, globally, the sawfish comprise five species in two genera: Pristis pristis (circumtropical), Pristis clavata (east Indo-West Pacific), Pristis pectinata (Atlantic), Pristis zijsron (Indo-West Pacific), and Anoxypristis cuspidata (Indo-West Pacific, except for East Africa and the Red Sea). This improved understanding will have implications for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), International Union for Conservation of Nature (IUCN) Red List assessments, and endangered species laws and regulations in several countries. Furthermore, based on both or either of NADH-2 and the number of rostral teeth per side, we show that populations of P. pristis, P. pectinata, P. zijsron, and A. cuspidata exhibit significant geographic structuring across their respective ranges, meaning that regional-level conservation will be required. Finally, the NADH-2 gene may serve as a marker for the identification of rostra and fins involved in illegal trade. © 2012 The Linnean Society of London

The role of demographic compensation theory in incidental take assessments for endangered species

Many endangered species laws provide exceptions to legislated prohibitions through incidental take provisions as long as take is the result of unintended consequences of an otherwise legal activity. These allowances presumably invoke the theory of demographic compensation, commonly applied to harvested species, by allowing limited harm as long as the probability of the species’ survival or recovery is not reduced appreciably. Demographic compensation requires some density-dependent limits on survival or reproduction in a species’ annual cycle that can be alleviated through incidental take. Using a population model for piping plovers in the Great Plains, we found that when the population is in rapid decline or when there is no density dependence, the probability of quasi-extinction increased linearly with increasing take. However, when the population is near stability and subject to density-dependent survival, there was no relationship between quasi-extinction probability and take rates. We note however, that a brief examination of piping plover demography and annual cycles suggests little room for compensatory capacity. We argue that a population’s capacity for demographic compensation of incidental take should be evaluated when considering incidental allowances because compensation is the only mechanism whereby a population can absorb the negative effects of take without incurring a reduction in the probability of survival in the wild. With many endangered species there is probably little known about density dependence and compensatory capacity. Under these circumstances, using multiple system models (with and without compensation) to predict the population’s response to incidental take and implementing follow-up monitoring to assess species response may be valuable in increasing knowledge and improving future decision making.

Biodiversity and the Courts: Endangered Species Law in the US, Australia, and Canada

Biodiversity and the Courts: Endangered Species Law in the US, Australia, and Canada

Ten guiding principles for the delineation of priority habitat for endangered small cetaceans

Abstract The adoption of endangered species laws in various nations has intensified efforts to better understand, and protect, at-risk species or populations, and their habitats. In many countries, delineating a portion of a species' habitat as particularly worthy of protection has become a mantra of these laws. Unfortunately, the laws themselves often provide scientists and managers with few, if any, guidelines for how to define such habitat. Conservationists and scientists may view protecting part of the habitat of an endangered species as an ineffectual compromise, while managers may be under pressure to allow a range of human activities within the species' habitat. In the case of small cetaceans, establishing boundaries for such areas can also be complicated by their mobility, the fluid nature of their environment, and the often ephemeral nature of their habitat features. The convergence of multiple human impacts in coastal waters around the world is impacting many small cetaceans (and other species) that rely on these areas for feeding, reproducing, and resting. The ten guiding principles presented here provide a means to characterize the habitat needs of small, at-risk cetaceans, and serve as a basis for the delineation of ‘priority habitat’ boundaries. This conceptual approach should facilitate a constructive discourse between scientists and managers engaged in efforts to recover endangered species. The degree to which the recovery of an at-risk species can be reconciled with sustainable economic activity will depend in part on how well these principles are incorporated into the delineation of priority habitat.

Arguments for Using Population Models in Incidental Take Assessments for Endangered Species

Abstract Population models can be useful tools for evaluating management strategies and risks for a given species. A major, but often overlooked, component of endangered or threatened species management and recovery is the incidental take allowance of many endangered species laws. In the United States population models are seldom applied to address specific incidental take scenarios. We believe it is prudent for wildlife management agencies like the U.S. Fish and Wildlife Service to embrace explicit predictive tools to assess the possible effects of incidental take actions and to set standards for what constitutes unacceptable levels of incidental take in terms of predicted effect on population viability, recovery, and extinction. We briefly give recommendations for incorporating simulation models into jeopardy evaluations in ways that would dovetail with legislative language and provide a simple example model. Using explicit predictive models to support jeopardy determinations and incidental take decision-making would lead to transparent decisions rooted in measurable quantities such as changes in extinction probability or abundance projections.

A quantitative framework to evaluate incidental take and endangered species population viability

Incidental take is the permitted unintended or collateral killing, harassment, or habitat destruction of a protected species under endangered species law and is permissible as long as the take does not jeopardize the species’ persistence in the wild. However, take is seldom addressed in a quantitative or population modeling context and the criterion of “jeopardy” has no universal, quantitative definition. To model the effect of incidental take on population viability, we modified an existing population model and simulated abundance, population growth, and quasi-extinction probability (the probability of falling below a predetermined abundance threshold) for Piping Plovers ( Charadrius melodus) in the Great Plains, USA. The model incorporated environmental stochasticity and variation due to sampling variance. Eggs and chicks were taken out of the population as a “harvest” to simulate incidental take that currently occurs in the Missouri River system. We used least-squares regression and an AIC model selection approach to evaluate the population’s elasticity to incidental take covariates. Even in the absence of take the population declined by 7.5% annually. Population growth and final abundance were reduced and the probability of quasi-extinction was increased in simulations where egg take and chick take were applied. The model selection analysis indicated that incidental take of eggs and chicks depresses population viability and the probability of recovery of Piping Plovers in the Great Plains. Though the model was useful in putting take and jeopardy in a quantitative setting, the question remains as to whether permitted levels of take causes jeopardy for Piping Plovers since there are no decision standards defined by the USFWS. However, evaluating take in a quantitative framework, as we have, will make jeopardy decisions more explicit in terms of viability and recovery metrics.

Waiting for the Ark: The biodiversity crisis in British Columbia, Canada, and the need for a strong endangered species law

This paper presents an assessment of the status of terrestrial and freshwater biodiversity in British Columbia (B.C.), Canada, based on an analysis of conservation ranks produced by the provincial government's Conservation Data Center. High levels of species endangerment exist across all major wildlife groups in the province, including the extinction or extirpation of many species to date, and the imminent threat of further eliminations. Yet, less than 5 per cent of known species and subspecies at risk get any type of “protection” under B.C. laws. None receive essential habitat protection. Given the magnitude of the biodiversity crisis in B.C. and the inadequacy of the current policy response, we argue that a strong endangered species law is critically needed in the province. Such a law would provide the legal means for the effective protection and recovery of threatened and endangered species in B.C., and thereby fulfill the province's moral, national and international responsibilities for the conservation of its irreplaceable natural heritage.

Endangered Collections: Legal Obligations for Museums Holding Endangered Species

Many museums, especially those with natural history collections, hold some material that is covered by a multitude of laws concerning endangered species. Determining whether these laws apply to objects in your collections can be quite confusing without specialist knowledge. New acquisitions must be properly documented and accompanied by the relevant permits. A separate permit may be required to hold the material in the collections. Loans of endangered species material require permits for transport between international and sometimes out-of-state institutions. Objects brought into museums by the public for identification may be subject to at least one of several laws that make their possession illegal without a permit. Museums must ensure that endangered species laws are not violated, even accidentally, when accessioning, loaning, exchanging, and transporting applicable material. Special exemptions can be obtained for museum and scientific research collections including import/export permits, re-export certificates, and the CITES Certificate of Scientific Exchange. The aim of these exemptions is to allow research and education access to museum material while protecting endangered plants and animals from illegal trade.