Public Policy -- Key Concepts Garrett Hardin 1968 - Science Policy - PDF document

Tragedy of the Commons Experiment Public Policy -- Key Concepts Garrett Hardin 1968 - Science � Policy Image – Policies have multiple images (positive and negative) – The public focuses on the “dominant” image – The dominant image varies over time (ebb and flow) – Policymakers and stakeholders have incentives to manipulate policy images � Policy Venue – Legislature, Executive Branch, Courts, Federalism – Every venue carries with it a decisional bias Cookie Monster Monsterous sesameous Science’s Impact on The Public’s Legal foundations of Concern conservation biology Scientists typically shy away from involvement in law a policy • Specifying the Extent of the Threat formulations Conservation biology is different • Specifying the Importance of a Species to the Ecosystem Reed Noss (1993, former editor of the journal Conservation Biology ): “I believe that conservation biologists have a responsibility to enter the • Specifying the Balance of Ecological vs. Economic concerns policy arena and advocate both general principles and specific actions needed to conserve biodiversity.” • Good Science is needed, but insufficient to achieve the goals of conservation biology. Policy is an integral part of Conservation biology. Development of conservation Development of conservation legislation in the US legislation in the US 1872 Yellowstone National Park 1872 Yellowstone National Park 1891 forest reserve act 1891 forest reserve act 1916 Establishment of National Park Service 1916 Establishment of National Park Service These first laws were primarily designed to preserve These first laws were primarily designed to preserve natural resources (scenery and commodities). natural resources (scenery and commodities). Protection was concerned about local threats and Protection was concerned about local threats and situations. Problems like habitat destruction, water situations. Problems like habitat destruction, water pollution, and species endangerment were considered local pollution, and species endangerment were considered local annoyances and not global threats. annoyances and not global threats.

Rachel Carson. 1962 Global threats such as DDT Lobbyists of the agricultural and pesticide industry successfully blocked the introduction of laws to reduce the use of DDT. 1968 Environmental Defense Fund attack problems using the public right of every citizen to a clean environment and scientific evidence. First success in banning DDT in Michigan. This lead to a national forum and a ban of DDT in the whole USA. National Environment Policy Act National Environmental Policy Act (NEPA) 1969 (NEPA) Established environmental quality as a leading national Lynton K. Caldwell drafted the law for NEPA: he demanded priority that a detailed statement must accompany “proposals for legislation and other major federal actions significantly Required that a detailed statement on the ecological affecting the quality of the human environment.” consequences of planned actions to be written before action is taken. The wording was positive and vague, and passed easily house and senate in 1969 and was signed into law 1970 by Nixon. Required that an Environmental Impact Statement is written if the environmental assessment finds that the planned The “detailed statement” on the ecological consequences of actions would have a significant impact the action became the “teeth” A federal action takes place on NEPA: detailed statement federal land (1/3 of the US) or on private or state land that needs a federal permit. environmental impact of the proposed action any adverse action that cannot be avoided alternatives to the proposed action relationship between local/short-term use of the environment and long-term use and protection of the environment. irreversible commitments of resources in case the action is implemented. the statement must be circulated among governmental agencies and the public (Non-governmental organizations, libraries, and private citizen groups)

Shortcomings of NEPA Endangered species act • “One of the strongest most comprehensive environmental NEPA uses as a unit the ecosystem, at the time it was programs ever enacted.” drafted not much research on ecosystem management was • “The final barrier preventing the extinction of thousands of done, which results in a procedural problem: species; preserving untold opportunities for human advances.” a single agency is in control of the EIS • “Represents the power of the extremist environmental special Other stakeholders have a voice (but it is one way), the draft interests over those of the reasonable common citizen.” EIS can be disputed, discussed (, and corrected) • “A clear violation of personal property rights; in need of Once a final EIS is drafted only litigation can change it. This comprehensive amendment.” diverts energy and money from non-governmental organizations and agencies: scientists spend less time in the • “ESA values some owl that nobody ever heard of over thousands field because the work needs to be litigation proof, .... of jobs.” Endangered Species Act • Ford – 47 listings 15 per year • Carter – 126 listings; 32 per year • Reagan – 255 listings; 32 per year • G.H.W.Bush – 231 listings; 58 per year • Clinton – 521 listings; 65 per year • G.W. Bush – 60 listings; 8 per year Source: PublicAgenda.org The Basic Components of the of Listing and De-listing Decisions the ESA • • Biological decisions based upon the “best scientific and commercial data Fish and Wildlife Services (FWS) lead agency at the Federal level available.” � Listing Species • “Solicit the expert opinions of three appropriate and independent Species Protection � specialists regarding pertinent scientific or commercial data and assumptions…” � Once listed they qualify for: � Protection/Recovery � Critical Habitats Financial Assistance �

Listing Decision Tree Section 9 – Prohibited Acts: provides guidance Changes In Listing Status regarding activities determined to result in take . • 32 species currently listed have changed status between “Endangered” and “Threatened” Prohibits any action that will “harass or harm” a member of an endangered species. 8 have moved To take: “pursue, hunt shoot wound, kill trap capture or collect. from Threatened to To harm: 28 have moved Endangered Any act that significantly modifies habitat from -Impairs essential behavior patterns Endangered to -Breeding, feeding, shelter Threatened Critical Habitat Critical Habitat cont’d As a Recovery Tool • 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 • (i) the specific areas within the geographical area occupied by the area as critical habitat. species…on which are found those physical or biological features • (I) essential to the conservation of the species and • Secretary may exclude any area from critical habitat if the • (II) which may require special management considerations or benefits of such exclusion outweigh the benefits of protection specifying such area as critical habitat. • Designation prevents modification to such critical habitats to the point that they will no longer aid in the species’ recovery • Only if this action will not result in the extinction of the species. • 428 species currently have Critical Habitats

ESA ESA • Distinct Population Segment Section 7 – not likely to jeopardize the continued existence of listed species or modify their critical habitat. • Shoot, Shovel and Shut-up Section 10 – Exceptions: provides guidance regarding the issuance of incidental take permits and the development of habitat conservation plans . Clean air/water acts Air (1970) EPA sets air quality standards Regulates industrial pollution: pollution permits Water (1972) aspired to attain zero discharge of pollutants permit system and sets limits to tolerable pollution discharge International conservation laws 1 IWC: international convention for the regulation of whaling 1 International convention for the protection of birds 1 Convention on wetlands of international importance (Ramsar agreement) 1 CITES: convention on international trade of endangered species 1 Commission on conservation of antarctic marine living resources. 1 United nations conference on environment and development (Rio Summit, Convention on biological diversity)