Biology subjects

Malcom, J.

Publications and source records attributed to Malcom, J..

3 recordsLinked to original sources

bioRxiv2018

Data indicate the importance of expert agencies in conservation policy.

AO_SCPCAPBSTRACTC_SCPCAPData on the implementation of laws and policies are essential to the evaluation and improvement of governance. For conservation laws like the U.S. Endangered Species Act (ESA), such data can inform actions that may determine the persistence or extinction of species. A central but controversial part of the ESA is section 7, which requires federal agencies to conserve threatened and endangered species. One way they do this is by consulting with expert agencies for the ESA, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), on actions they may undertake that impact listed species. Using data from all 24,893 consultations recorded by NMFS from 2000 through 2017, we show that federal agencies misestimated the effects of their actions on listed species in 21% of consultations, relative to the conclusions reached by NMFS. In 71% of these cases the federal agency underestimated the effects of their action. Those discrepancies were particularly important for the conservation of 14 species in 22 consultations, where the agency concluded that its action would not harm a species, while NMFS determined the action would jeopardize the species existence. Patterns of misestimation varied among federal agencies, and some of the agencies most frequently involved in consultation also frequently misestimated their effects. Jeopardy conclusions were very rare--about 0.3% of consultations--with a few project types more likely to lead to jeopardy. These data highlight the importance of consultation with the expert agencies and reveal opportunities to make the consultation process more effective.\n\nSO_SCPCAPIGNIFICANCE STATEMENTC_SCPCAPThe US Endangered Species Act is the strongest environmental law any nation has enacted to conserve imperiled species. However, policy debates over how the Act should be implemented continue to this day. This study provides the first comprehensive evaluation of how the National Marine Fisheries Service (NMFS) implements one of the Acts most important conservation programs - consultations under section 7. Our results reveal novel insights into the importance of NMFS role in ensuring federal actions do not jeopardize the existence of listed species. By using data to inform policy debate, we identify approaches to implementing section 7 that would undermine the conservation of imperiled species, and those that could improve the efficiency of the program without sacrificing these protections.

ecology↗

bioRxiv2017

Free Aerial Imagery as a Resource to Monitor Compliance with the Endangered Species Act

Compliance monitoring is an integral part of law and policy implementation. A lack of compliance monitoring for the Endangered Species Act (ESA), driven in part by resource limitations, may be undercutting efforts to recover threatened and endangered species. Here we evaluate the utility of freely available satellite and aerial imagery as a cost-efficient component of ESA compliance monitoring. Using data on actions authorized by the U.S. Fish and Wildlife Service (FWS) under section 7 of the ESA, we show that approximately 40% of actions can be found in remotely sensed imagery. Some types of actions, such as residential and commercial development, roadwork, and forestry, show substantially higher observability. Based on our results and the requirements of compliance monitoring, we recommend FWS standardize data collection requirements for consultations; record and publish terms and conditions of consultations; and encourage their staff to use technology such as remotely sensed data as a central part of their workflow for implementing the ESA.

ecology↗

bioRxiv2017

Same law, different results: comparative analysis of Endangered Species Act consultations by two federal agencies

Evaluating how wildlife conservation laws are implemented is critical for safeguarding biodiversity. Two agencies, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (FWS and NMFS; Services collectively), are responsible for implementing the U.S. Endangered Species Act (ESA), which requires federal protection for threatened and endangered species. FWS and NMFS comparable role for terrestrial and marine taxa, respectively, provides the opportunity to examine how implementation of the same law varies between agencies. We analyzed how the Services implement a core component of the ESA, section 7 consultations, by objectively assessing the contents of >120 consultations on sea turtle species against the requirements in the Services consultation handbook, supplemented with in-person observations from Service biologists. Our results showed that NMFS consultations were 1.40 times as likely to have higher completeness scores than FWS consultations given the standard in the handbook. Consultations tiered from an FWS programmatic consultation inherited higher quality scores of generally more thorough programmatic consultations, indicating that programmatic consultations could increase the quality of consultations while improving efficiency. Both agencies commonly neglected to account for the effects of previous consultations and the potential for compounded effects on species. From these results, we recommend actions that can improve quality of consultation, including the use of a single database to track and integrate previously authorized harm in new analyses and the careful but more widespread use of programmatic consultations. Our study reveals several critical shortfalls in the current process of conducting ESA section 7 consultations that the Services could address to better safeguard North Americas most imperiled species.

ecology↗