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

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Tragedy of the Commons Experiment

Garrett Hardin 1968 - Science

Public Policy -- Key Concepts

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

Science’s Impact on The Public’s Concern

• Specifying the Extent of the Threat
• Specifying the Importance of a Species to the Ecosystem
• Specifying the Balance of Ecological vs. Economic concerns

Legal foundations of conservation biology

Scientists typically shy away from involvement in law a policy formulations Conservation biology is different

• Good Science is needed, but insufficient to achieve the goals
• f conservation biology. Policy is an integral part of

Conservation biology. Reed Noss (1993, former editor of the journal Conservation Biology): “I believe that conservation biologists have a responsibility to enter the policy arena and advocate both general principles and specific actions needed to conserve biodiversity.”

Development of conservation legislation in the US

1872 Yellowstone National Park 1891 forest reserve act 1916 Establishment of National Park Service These first laws were primarily designed to preserve natural resources (scenery and commodities). Protection was concerned about local threats and

• situations. Problems like habitat destruction, water

pollution, and species endangerment were considered local annoyances and not global threats.

Development of conservation legislation in the US

1872 Yellowstone National Park 1891 forest reserve act 1916 Establishment of National Park Service These first laws were primarily designed to preserve natural resources (scenery and commodities). Protection was concerned about local threats and

• situations. Problems like habitat destruction, water

pollution, and species endangerment were considered local 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 Environmental Policy Act (NEPA) 1969

Established environmental quality as a leading national priority Required that a detailed statement on the ecological consequences of planned actions to be written before action is taken. Required that an Environmental Impact Statement is written if the environmental assessment finds that the planned actions would have a significant impact

National Environment Policy Act (NEPA)

Lynton K. Caldwell drafted the law for NEPA: he demanded that a detailed statement must accompany “proposals for legislation and other major federal actions significantly affecting the quality of the human environment.” The wording was positive and vague, and passed easily house and senate in 1969 and was signed into law 1970 by Nixon. The “detailed statement” on the ecological consequences of the action became the “teeth”

NEPA: detailed statement

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) A federal action takes place on federal land (1/3 of the US) or

• n private or state land that

needs a federal permit.

Shortcomings of NEPA

NEPA uses as a unit the ecosystem, at the time it was drafted not much research on ecosystem management was done, which results in a procedural problem: a single agency is in control of the EIS Other stakeholders have a voice (but it is one way), the draft EIS can be disputed, discussed (, and corrected) Once a final EIS is drafted only litigation can change it. This diverts energy and money from non-governmental

• rganizations and agencies: scientists spend less time in the

field because the work needs to be litigation proof, ....

Endangered species act

• “One of the strongest most comprehensive environmental

programs ever enacted.”

• “The final barrier preventing the extinction of thousands of

species; preserving untold opportunities for human advances.”

• “Represents the power of the extremist environmental special

interests over those of the reasonable common citizen.”

• “A clear violation of personal property rights; in need of

comprehensive amendment.”

• “ESA values some owl that nobody ever heard of over thousands
• f 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 the ESA

• Fish and Wildlife Services (FWS) lead agency at

the Federal level

• Listing Species
• Species Protection
• Once listed they qualify for:
• Protection/Recovery
• Critical Habitats
• Financial Assistance

Listing and De-listing Decisions

• Biological decisions based upon the “best scientific and commercial data

available.”

• “Solicit the expert opinions of three appropriate and independent

specialists regarding pertinent scientific or commercial data and assumptions…”

Listing Decision Tree Changes In Listing Status

• 32 species currently listed have changed status between “Endangered” and

“Threatened”

28 have moved from Endangered to Threatened 8 have moved from Threatened to Endangered Section 9 – Prohibited Acts: provides guidance regarding activities determined to result in take.

Prohibits any action that will “harass or harm” a member of an endangered species. To take:

“pursue, hunt shoot wound, kill trap capture or collect.

To harm:

Any act that significantly modifies habitat

• Impairs essential behavior patterns
• Breeding, feeding, shelter

Critical Habitat As a Recovery Tool

• "critical habitat" for a threatened or endangered species means
• (i) the specific areas within the geographical area occupied by the

species…on which are found those physical or biological features

• (I) essential to the conservation of the species and
• (II) which may require special management considerations or

protection

• Designation prevents modification to such critical habitats to the

point that they will no longer aid in the species’ recovery

Critical Habitat cont’d

• FWS designates critical habitat on the basis of “the best

scientific data available”

• Must consider economic impact of specifying any particular

area as critical habitat.

• Secretary may exclude any area from critical habitat if the

benefits of such exclusion outweigh the benefits of specifying such area as critical habitat.

• Only if this action will not result in the extinction of the

species.

• 428 species currently have Critical Habitats

Section 7 – not likely to jeopardize the continued existence of listed species or modify their critical habitat. Section 10 – Exceptions: provides guidance regarding the issuance of incidental take permits and the development of habitat conservation plans.

ESA ESA

• Distinct Population Segment
• Shoot, Shovel and Shut-up

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)

The Convention's mission is "the conservation and wise use of all wetlands through local, regional and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world". The Convention uses a broad definition of the types of wetlands covered in its mission, including swamps and marshes, lakes and rivers, wet grasslands and peatlands, oases, estuaries, deltas and tidal flats, near-shore marine areas, mangroves and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, and salt pans. Designate at least one wetland that meets the criteria for inclusion in the List of Wetlands of International Importance ("Ramsar List") and ensure the maintenance of the ecological character of each of these "Ramsar Sites". Promote the wise use of all wetlands within their territory through their national land-use planning, including wetland conservation and management; Promote training in wetland research, management and wise use; Consult with other Parties about the implementation of the Convention, especially with regard to transfrontier wetlands, shared water systems, shared species, and development projects that may affect wetlands. More than 1,400 wetlands, covering more than 120 million hectares, have been included in the Ramsar List.

CITES

(the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between

• Governments. Its aim is to ensure that

international trade in specimens of wild animals and plants does not threaten their survival.

www.cites.org

CITES

Appendices I and II Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances. Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival. Appendix III: This Appendix contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. Changes to Appendix III follow a distinct procedure from changes to Appendices I and II, as each Party’s is entitled to make unilateral amendments to it. The species covered by CITES are listed in three Appendices, according to the degree of protection they need.

CITES Large Incentives to Politicize Scientific Knowledge Production

• Public uncertainty is key
• Interests benefit from the public’s (un)certainty
• Politics creeps into both the production and

dissemination of scientific knowledge

• Over/under emphasis on species threat
• Over/under emphasis on single species value
• Over/under emphasis on critical habitat
• Over/under emphasis on ecological vs. economic tradeoffs