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Observed bias in the Endangered Species Act list Aaron Johnston ([email protected]) Jennifer Rickwalt ([email protected]) Jesse Spivack ([email protected]) Florence van Tulder ([email protected]) ESRM 458 Winter 2011 Professors Marc Miller, John Marzluff, Vincent Gallucci Abstract We use this opportunity to examine two problems with the Endangered Species Act (ESA), which may create a bias in the list of endangered species. (1) Public interest is biased towards charismatic species and (2) knowledge of all species and their population statuses are incomplete. We used chi-square analysis for all tests to evaluate the presence of bias towards charismatic species within the list. Our results show that charismatic species are listed more often (1) than expected, (2) as endangered rather than threatened, (3) despite their modest quantity within extant species, and (4) than other non-charismatic species within taxonomic groups. It is apparent from our findings that the species listed on the ESA do not accurately represent extant endangered species. Our analyses illustrate the ethical need to reevaluate the mechanisms that qualify a species to be listed on the ESA. The lack of knowledge concerning the population dynamics of all extant species coupled with a bias in the ESA listing process is catalyzing a rapid decrease in the health and function of the Earths’ species and ecosystems. We recommend reassessment of species jurisdiction, increasing environmental education, completing a census of all species, and reinstituting the US Biological Survey. Introduction The intent of the Endangered Species Act (ESA) is to protect and maintain species by preventing extinctions. As such, the U.S. Fish and Wildlife Services (USFWS) declares “working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continued benefit of the American people,” as their mission statement. We recognize positive and hopeful intent in this claim, however there is a discernible bias for charismatic species within the list of endangered species (hereafter, the list) that should be brought to light. However, some researchers have suggested that endangered species protection is biased towards charismatic species, which may conflict with the USFWS’s mission (Czech et al. 1998, DeShazo and Freeman 2003, Wilcove et al. 1993). Listing species based upon favorable qualities rather than risk of extinction is inconsistent with the ESA’s mission and ignores potentially important ecosystem functions of non-charismatic species. Three spheres of influence that affect how the ESA is comprised include (1) at risk species, categorized by their relative charisma, (2) media influenced public support, and (3) governance institutions (i.e. USFWS and National Marine Fisheries Service, Figure 1). Species interactions with the public sector lead to their nomination and funding support, while involvement in the scientific community and with the rare biospheres add a biodiversity component to listing decisions. This dichotomy of influences on decisions about the protection of one species over another is a topic that will be addressed in the paper. The ESA list falls under the policy domain of the USFWS, while being heavily influenced by the general public, Non-government Organizations (NGO’s), and research sectors. These sectors influence the actual mechanism of listing at risk species. Our objective is to evaluate the effect of charisma on the list of endangered species. Specifically, we examined the proportion of extant versus listed species with in taxonomic groups. We hypothesized that there are more charismatic species listed on the ESA. In addition, we determined (1) whether charismatic species were more likely to be listed as endangered rather than threatened, (2) if more sub-species were listed for charismatic species, and (3) if the proportion of charismatic species has changed since the ESA was enacted. We assert that equality in the listing process for all taxonomic groups will increase biodiversity, and consequently strengthen ecosystem function and stability. Methods First we classified all listed animal species (n = 1240) as charismatic or noncharismatic based on aesthetics, human interactions, and size. Charismatic species tend to be large, pleasing to look upon, and have positive interactions with people. In addition, several nuanced judgments were made regarding charisma. We determined turtles and crocodilians to be charismatic (Babbit 1995). Due to common visibility, we listed all birds as charismatic. Salmonids were assessed as charismatic due to their important cultural value, but other fish were not. Insects, snails, and clams were all evaluated as non-charismatic taxa. Second, we created contingency tables to evaluate effects of charisma on list membership (α = 0.05) using chi-square analyses. We estimated null proportions for each test by applying our criteria for charisma to the number of extant species for taxonomic groups represented on the list (speciesaccounts.org). Because charisma varies greatly among mammals, we estimated a null proportion by applying our criteria to a list of the mammals of Washington State as a surrogate for the entire class (The Burke Museum of Natural History and Culture). We first compared the proportions of species within taxonomic groups on the list versus those of extant species. We repeated this test considering only vertebrates (null = 0.25) and vertebrates excluding fish (null = 0.46) because the number of invertebrates and fish without listing status was overwhelmingly high. We then compared the proportions of charismatic species on the list to a null proportion of extant charismatic species, 0.014. Since charisma varied among mammals, reptiles, and fish, we tested for biased within these groups separately. We determined whether charismatic species outweighed non-charismatic species in terms of subspecies listings. Finally, we analyzed the differences in proportions of charismatic species between the original 1967 and the current list. Results The number of listed species within each taxonomic group was different from expected when considering all groups (χ210 = 30,685; P < 0.001), vertebrates only (χ24 = 1,295; P < 0.001), and vertebrates excluding fish (χ23 = 588; P < 0.001; Table 1). The numbers of listed species for most groups dominated by non-charismatic species (e.g. insects, crustaceans, arachnids) were lower than expected, whereas the numbers for charismatic groups (e.g. birds and mammals) exceed expected values. More charismatic species were listed than expected (χ21 = 25,467; P < 0.001, Figure 2) and within the taxonomic groups of mammals (χ21 = 67.3; P < 0.001), reptiles (χ21 = 583; P < 0.001), and fish (χ21 = 857; P < 0.001). More charismatic species were listed as endangered versus threatened than expected (χ21 = 15.1; P < 0.001). Charismatic species were also more likely to be listed as a subspecies than non-charismatic species (χ21 = 3.03; P > 0.064). Finally, the proportion of charismatic species on the list has decreased over time (χ21 = 5.42; P = 0.020). Discussion The results of our study support our hypothesis that charismatic species are given ranking priority within the ESA. Our results are in agreement with other studies that suggested a bias for charismatic megafauna on the list of endangered species (Wilcove et al. 1993, Czech et al. 1998, DeShazo and Freeman 2003). Bias for charismatic species in the list of threatened and endangered species is a product of many sources including social constructions, the evolution of conservation biology, policy domains, and incomplete knowledge. Interplay among these factors has influenced the list of species since its inception perhaps more so than the statutory criteria upon which a species is warranted for listing (DeShazo and Freeman 2003). We acknowledge that charismatic species may be declining disproportionately because of their charisma or other associated reasons such as economic value. Habitat loss, for example, is often the primary cause of decline for species, and charismatic species tend to be large species that require large amounts of habitat. In addition, many charismatic species on the list were game species suffering from overharvest. Nevertheless, we believe the weight of evidence for bias associated with charisma indicated the aforementioned factors are important. Here, we examine each of these factors and discuss their effects on the current list of species. Social constructions People ascribe value to species based on many attributes including economic worth, cultural value, recreational-use, aesthetics, danger, and charisma (Burghardt and Herzog 1980, Kellert 1985). It should be expected that these social constructions would be reflected in policies for conservation of species and particularly the list of species. Czech et al. (1998) found high correspondence between beneficiaries of the Endangered Species Act and social constructions of species. They derived social constructions of species by surveying a random selection of people in the United States where individuals were asked to rate and rank major taxonomic groups (e.g. birds, mammals, fish) according to their importance for conservation. Social construction varied across groups such that birds, mammals, and fish were classified as advantaged (ie. favored and beneficiaries), whereas reptiles, amphibians, invertebrates, and microorganisms were identified as deviants (ie. not favored and ignored). Some groups such as plants and some mammals fell into intermediate categories and were considered as dependents and contenders, respectively. Dependent species had favorable social constructions but did not receive protection, whereas contenders had variable social constructions but benefitted from species protections anyway. Consequently, some discrepancies between the allocation of benefits and social constructions are evident, with plants and amphibians holding the greatest potential for gains in benefits. Our criteria for charisma generally followed taxonomic groups, so studies of distribution of species across taxonomic classes (Wilcove et al. 1993, Czech et al. 1998, DeShavo and Freeman 2003) are relevant to our discussion of charisma. Interestingly, the classification of some mammals as contenders reflects the variability of social constructions for this group similar to our assertion of high variability in charisma among mammals. Undoubtedly, the range of mammalian species constituting pests and non-pests is wide and contributes to classifications of contenders, but we suggest the range of charisma is also wide within this group. Although Czech et al. (1998) classified invertebrates, microorganisms, and others as deviants, survey participants indicated conservation efforts were warranted for these species and that ecological importance and rarity were the highest priority criteria for species conservation. Such responses may suggest that the public has always intended for conservation efforts to afford unbiased protection of all species or signal a shift toward this ideal. If the original list of species was indicative of historical social constructs, then our finding of more non-charismatic species on the current list compared to the original list suggests a shift in public views of conservation. Evolution of conservation biology Conservation biology is a young and multidisciplinary science that incorporates other new sciences (e.g. genetics) in developing management goals and strategies. Over the past century, ecological discoveries (e.g. island biogeography theory, source-sink dynamics) and identification of ecological problems (e.g. climate-change, fire suppression) have led to a rapid succession of ideas about conservation priorities that ultimately affect which species are listed. While conservationists debate the importance of conserving genetic versus ecological diversity for species (Crandall et al. 2000) and whether single-species or ecosystem management is best, the most important development in conservation biology affecting the list has been the concept of biodiversity (Takacs 1996, Sarkar and Margules 2002). Many conservation biologists believe stability lies in diversity because systems that become overly simplified are prone to failure. Because we rely on ecosystems for resources, it is important to maintain biodiversity. Whereas conservation goals focused on game management during the early 20th century, maintenance of biodiversity has emerged as a primary goal greatly expanding the range of taxa considered a priority. Accordingly, recent studies have found that lower taxa such as invertebrates, fungi, and insects play important roles in ecosystem and food web dynamics (Maser et al. 2008). Although these ecosystem components have captured the attention of conservation biologists, the list of species has been slow to accumulate rare species of these groups. Policy domains Although Czech et al. (1998) found that the American public advocates conservation of all species, bias for charismatic species on the list remains a product of policy domains and obstacles in the listing process. Scott et al. (2006) argue that the expansion of eligible species for listing was the most important factor for increasing numbers of species on the list. The original list was composed solely of vertebrates because the Endangered Species Preservation Act (1967) protected only “native fish and wildlife”. The Endangered Species Conservation Act (1969) added mollusks, crustaceans, foreign species, and subspecies. Plants and “smaller taxa” became eligible for protection under the Endanger Species Act (1973). Still, few species other than vertebrates were added to the list over the next two decades for several reasons. In 1978, distinct population segments became eligible for listing but only for vertebrates. By this time, the public and the USFWS had proposed listing for several thousand species (Greenwald et al. 2006). In 1978, an amendment placed a time limit for listing decisions by the USFWS resulting in withdrawal of many listing proposals. In 1981, the Reagan administration proposed that vertebrates and vascular plants be prioritized for listing over invertebrates and nonvascular plants (Tobin 1990). The proposal was never officially adopted, but few invertebrates and nonvascular plants were added to the list during the 1980’s due to political pressures on the USFWS (Greenwald et al. 2006). The Reagan administration used legal maneuvers and political pressure on agency officials to delay and deny listing to proposed species. A wave of species listed in the early 1990’s due to a new multispecies listing approach and lawsuits by NGO’s ended with a moratorium on listing species from 1995-1996. New administrative policies were subsequently implemented restricting submission of petitions and exploiting loopholes that allowed USFWS to circumvent lawsuits that led to high numbers of listings in previous years. Consequently, few species have been listed in recent years, and many groups (e.g. invertebrates, insects) dominated by non-charismatic species remain poorly represented on the list. DeShazo and Freeman (2003) found significant effects on listing procedures associated with oversight and appropriations committees. They modeled the odds of listing as a subspecies versus species from 1989-1993 as a function of variables describing species attributes (e.g. size, taxonomic group), responsiveness to statutory directives, and influence of members on oversight committees. Party affiliation of members on oversight committees rather than statutory directives dictated whether a subspecies was listed and the allocation of funds. The number of Republicans on a committee was positively associated with diversion from statutory criteria for listing and negatively associated with the odds of subspecies listing. These results suggested that decisions on whether to list a species were influenced by politics rather than species endangerment. DeShazo and Freeman (2003) also found a positive correlation between the size of species and their odds of listing and funding support. Committees with more members generated greater funds for support of listed species regardless of party affiliation. Since charismatic species are often large and have large homeranges that cover several congressional districts, they likely garner more support from the multiple representatives on oversight and appropriations committees adding to a bias in favor of charismatic-megafauna (Restani and Marzluff 2002). The petition process for proposing to list species incurs bias for charismatic species because petitions are often submitted by special interest groups. The USFWS has rarely proposed listing of new species since the first decade of the ESA because of backlogs of proposed species and poor funding to process proposals (Greenwald et al. 2006). Most petitions are submitted by the public or NGO’s, and the number of NGO’s that focus on charismatic species (e.g. birds) far outnumber those representing other species (Table 2). Motivation and the capacity to organize relevant information for an effective petition are likely greater for NGO’s than individuals. For example, the International Council for Bird Preservation submitted petitions that proposed adding over 100 bird species to the list in the early 1980’s. Furthermore, lawsuits from NGO’s have been effective for adding species to the list which demonstrates the power of special interests to influence the list (Greenwald et al. 2006). Incomplete knowledge Our limited state of knowledge about the population status of species is a serious setback for recognizing declines of non-charismatic species. Most charismatic species are large and conspicuous (e.g. condor), so population declines have been relatively obvious. Some charismatic species were game species (e.g. salmon) that have been monitored intensively to regulate harvests, so declines in their abundances were well-documented. Knowledge of the existence of a species is a bare necessity for consideration of listing, yet it is unlikely that this simple criterion has not been met for the majority of extant species (Wilson 2003). Between 1.5 and 1.8 million species have been identified, but an estimated 3.6 to 100 million species currently exist. The wide interval for estimates of extant species is indicative of the uncertainty about unknown species; however, it is clear a significant proportion of species remain undiscovered. Notably, about 80% of animal species are nematode worms, yet no species are represented on the list. Moreover, the number of bacteria species found in a small soil sample can exceed that for the class Mammalia, but no bacteria are listed. Some species remain poorly understood but have profound ecological functions such as Prochlorococcus that account for significant organic production in the ocean (Wilson 2003). New discoveries of species for better known taxa are still common. Approximately 2000 new plants are discovered each year and the list of known amphibians has grown exponentially over the past century (Figure 3; Glaw and Kohler 1998, Wilson 2003). In contrast, discoveries of new mammal species have leveled off. Clearly, knowledge of species increases with size and serious knowledge gaps exist for small species that also generally lack charisma (Dunn 2005). Dunn et al. (2009) indicated most extinctions are coextinctions of parasites following loss of hosts. Furthermore, the disproportionate representation of birds and mammals by NGO’s biases the knowledge base for these species because these organizations support or conduct demographic research. Recommendations for Action: Having presented all this evidence, we come to the conclusion of our study and would like to offer some recommendations for further action. There are many reasons why the issue of bias in the ESA list needs to be addressed and solved. Firstly, we will examine Aldo Leopold’s essay “The Land Ethic.” Leopold famously argues “a thing is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise.” Although this argument is over half a century old, his logic still holds true. As a race, humans are therefore morally bound to ensure the health of all planetary ecosystems, including the protection and preservation of species. Expanding on this concept of species value is P.W. Taylor who in 1981 argues the inherent worth of all animals. Taylor expresses the idea that we are responsible for promoting good for the sake of the species needing protection, and not solely our own. The well-being of each species, as well as our own is an end in and of itself in this lifecentered theory. Realistically however, humanity is an essentially selfish race, and economics may prove a stronger argument for many. The physical law of entropy says that natural systems will tend towards chaos. Extrapolated to apply to ecosystems, it can be argued that there is stability in diversity, and that those environments with the most interconnections and well adapted organisms in specific niches, will tend to be the most productive (i.e. rainforests and coral reefs). This truth affects both our agriculture and fisheries industries. It is difficult to argue with a growling stomach, and empty bellies are a likely result of mismanaged crop and fishing systems. The only way to ensure that these circles continue to produce enough food for humanity is to care not only for the species and crops of interest, but for the environment in which they grow and multiply. It is simple logic, but, if we ensure that each part of the circle, from clean soils and waters to oft-overlooked invertebrates such as bugs and krill, is healthy, we ensure the sustainability of the entire system, and the continuation of our food sources. Another persuasive economic reason for species conservation is the blooming industry known as eco-tourism. Growing rapidly, this is a sector of tourism that seeks low-impact and small scale interactions with the environment. Typically, there is an educational component that focuses on safe management of potentially rare-species, human rights activism and respect for local tradition and culture. Rare-species conservation has the potential for large attraction values and can bring new life and money into small communities. Unfortunately, we are incapable from preventing extinctions. The best we can do is to work to identify ecosystem engineers and keystone species for priority protection. At the same time we can identify which species we can afford to lose (without too many negative effects to the overall systems) so that we are able to distribute our resources effectively. The best and quickest way to achieve this goal is to fill the knowledge gap about the earth’s species. We suggest that a census of all biospheres be conducted using the recent Census of Marine Life as a template study. This would provide an accurate representation of the cycles and connections between systems around the globe. If this project is too ambitious, we recommend the reinstatement of the US biological survey so that we may at least categorize those species within our own borders. Educational classes about ecosystems and the environment should be offered and public forums created to raise awareness about the need for sustainable use of our resources. For the science sector, it would be wise to determine the sensitivity of the tests we ran to varying definitions of charisma. However, our results are so strong, that significant variation is unlikely. Jurisdiction of the endangered species act list should then be divided into appropriate eco-regions so that each system-type may be more effectively managed (Figure 4). This will help resolve problems of “blanket policy” trying to address vastly different problems in dissimilar areas and allow for more effective attention to species of concern. The list, and its budget and funding also need to be analyzed to determine the number of species which can truly be protected simultaneously. It is better to recover one keystone species rather than to waste money and resources in failed attempts to rehabilitate many. It is important to act now, as soon as the bias has been identified in order to prevent the loss of biodiversity, ecosystem engineers and keystone species. By removing bias for charismatic species from the endangered species list, it will be possible to increase the effectiveness of the act in protecting species that truly need help. Literature Cited Babbitt, B. 1995. Federal and state endangered species expenditures: fiscal year 1993. U.S. Fish and Wildlife Service, Washington, D.C. Burghardt, G. M., and H. A. Herzog, Jr. 1980. Beyond conspecifics: is Brer Rabbit our brother? Bioscience 30:763-768. The Burke Museum of Natural History and Culture. 1 May 2009. Mammals of Washington. <http://www.washington.edu/burkemuseum/collections/ mammalogy/mamwash/index.php>. Accessed 18 Feb 2011. Crandall, K. A., R. P. O. R. P. Bininda-Emonds, G. M. Mace, and R. K. Wayne. 2000. Considering evolutionary processes in conservation biology. Tree 15:290-295. Czech, B., P. R. Krausman, and R. Borkataria. 1998. Social Construction, Political Power, and the Allocation of Benefits to Endangered Species. Conservation Biology 12:1103-1112. DeShazo, J. R. and J. Freeman. 2003. The congressional competition to control delegated power. Texas Law Review 81:1443-1520. Dunn, R. R. 2005. Modern insect extinctions, the neglected majority. Conservation Biology 19:1030-1036. Dunn, R. R, N. C. Harris, R. K. Colwell, L. P. Koh, and N. S. Sodhi. 2009. The sixth mass coextinction: are most endangered species parasites and mutualists? Proceedings of the Royal Society B 276:3037–3045. Greenwald, D. N., K. F. Suckling, and M. Taylor. 2006. The listing record. Pages 51-67 In Goble, D. D., J. M. Scott, and F. W. Davis, eds. The Endangered Species Act at Thirty. Volume 1. Island Press, Washington DC. Glaw, F. and J. Kohler. 1998. Amphibian species diversity exceeds that of mammals. Herpetological Review 29:11-12. Kellert, S. R. 1985. Social and perceptual factors in endangered species management. Journal of Wildlife Management 49:528-536. Leopold, Aldo. “Foreword,” in A Sand County Almanac and Sketches Here and There. New York: Oxford University Press. 1977. Maser, C., A. W. Claridge, and J. M. Trappe. 2008. Trees, truffles, and beasts? How Forests function. Rutgers University Press, New Brunswick, N.J. Restani, M. and J. M. Marzluff. 2002. Funding Extinction? Biological Needs and Political Realities in the Allocation of Resources to Endangered Species Recovery. BioScience 52:169-177. 2002. Scott, J. M., D. D. Goble, L. K. Svancara, and A. Pidgorna. 2006. By the numbers. Pages 16-35 in Goble, D. D., J. M. Scott, and F. W. Davis, eds. The Endangered Species Act at Thirty. Volume 1. Island Press, Washington DC. Species Accounts. Species Lists. <http://www.speciesaccounts.org/ SPECIES%20LISTS.htm > Accessed 15 Feb 2011. Taylor, Paul W. “The Ethics of Respect for Nature.” Environmental Ethics 3 197-218. 1981. U.S. Fish & Wildlife Service [FWS]. 2011. Species Reports. <http://ecos.fws.gov/ tess_public/pub/listedAnimals.jsp>. Accessed 26 Jan 2011. Wilcove, D. S., M. McMillan, and K. C. Winston. 1993. What exactly is an endangered species? An analysis of the U.S. Endangered Species List: 1985-1991. Conservation Biology 7:87-93. Wilson, E. O. 2003. The encyclopedia of life. Trends in Ecology and Evolution 18:77-80. Table 1. Number of extant species and the observed and expected values for those listed as threatened or endangered under the Endangered Species Act by major taxonomic groups. Birds Mammals Amphibs Reptiles Fish Clams Snails Crustaceans Coral Insects Arachnids Extant 9624 4452 5619 7914 24580 8000 40000 35000 6800 688136 53957 Listed 307 367 33 124 166 104 39 22 2 64 12 13.7 6.3 8.0 11.3 35.0 11.4 57.0 49.8 9.7 961.0 76.8 EVV 183.9 85.0 107.3 151.2 469.6 EVVEF 289.7 134.0 169.1 238.2 EV 1 1 Expected values (EV) for the number of listed species when considering all groups, vertebrates only (EVVEF), and vertebrates excluding fish (EVVEF). Table 2. Number of NGO’s specializing on taxonomic groups (Czech et al. 1998). No. NGO's Birds Mammals Fish 57 40 32 Plants 19 Reptiles Invertebrates Amphibians Microorganisms 5 4 1 0 U.S. Fish and Wildlife Rare Species Endangered Species Act/ List Charisma determined Nomination to list/ funding derived Public Support Figure 1. Influences on the list of endangered species list. Figure 2. Percentage of charismatic species on the list and for extant species. Figure 3. Increase of valid recognized amphibian species from 1758 to 1995 (Glaw and Kohler 1998). Figure 4. Eco-region divisions proposed for jurisdiction of the endangered species list.