Outdoor recreation experts call for improvements to the ESA

Posted 11/24/15

The ESA has a success rate of about 1 percent and costs American taxpayers millions of dollars in court costs — funding that could be better utilized to preserve wildlife.

The association hosted a series of panels with experts on how the ESA …

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Outdoor recreation experts call for improvements to the ESA

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Outdoor recreation in the West depends heavily on having a large variety of wildlife species, but the Endangered Species Act has not been as effective or efficient as it should be, according to the Western Governors’ Association.

The ESA has a success rate of about 1 percent and costs American taxpayers millions of dollars in court costs — funding that could be better utilized to preserve wildlife.

The association hosted a series of panels with experts on how the ESA impacts various fields during their first forum on the ESA in Cody on Nov. 12-13.

The information gathered at the forum will be used by the association to create an action plan with the longterm objective of improving the effectiveness and efficiency of the ESA.

The first panel covered the ESA’s impact on oil, gas and mining (see previous Tribune coverage).

The second panel to present their viewpoints and findings to members of the association focused on how sportsmen, recreation and environmental interests function alongside the ESA and species conservation and offered suggestions for improvements.

The second round of panelists included Park County Commissioner and owner of Livingston Outfitting, Lee Livingston, Theodore Roosevelt Conservation Partnership’s senior scientist Ed Arnett and the Environmental Defense Fund’s manager for habitat markets, Sara Brodnax.

 “Our goal is to bring a collective voice into the arena that advances sporting,” Arnett said. “We believe the ESA has been a critical piece, but it implies a situation has gone far down the path.”

During Theodore Roosevelt’s era, white tail deer, elk and bison would have met the criteria for the ESA, Arnett said. But, the ESA did not exist yet so those trends were reversed through conservation efforts.

“We believe the best solution is to avoid having to use the act (ESA) in the first place,” Arnett said.

Instead of relying on the ESA, a proactive and science-based approach with collaboration would benefit struggling species more, Arnett said. 

Livingston provided anecdotal personal experiences with the ESA while working as an outfitter for 30 years.

There are more than 700 grizzly bears and nearly 500 gray wolves in the greater Yellowstone area, but both remain on the ESA list, Livingston said.

A closer look needs to be taken at how hard it is to delist a species once it is listed under the ESA, Livingston said.

“Both the grizzly and wolf are icons for many; watching these predators is a draw,” Livingston said. “The ESA accomplished what it is intended to do with these species, but it does not allow for success.”

Livingston claimed the ESA made a deal with Wyoming where if the state accepted regulation changes and changed its practices, the wolves and bears would be delisted once certain population goals were met. But they exceeded recovery population requirements for a decade and the “goal posts have been moved,” Livingston said.

Campbell County Commissioner Matt Avery suggested restructuring the ESA so that keeping a species on the list after five years of work required proof protection was still needed instead of requiring congressional action to be delisted.

“Right now, it gets on the list and forgotten,” Avery said. “It takes a lot to get it off the list, if it took more to stay on it; it would create more balance.”

Brodnax added that research and data are needed for decisions to be made.

“If we trust science going into the listing, we should trust it in going off the listing as well,” Arnett said.

The Environmental Defense Fund aims to make all of the information as transparent as possible to increase accountability and to try to ensure that longterm benefits are maintained, Brodnax said.

“We are locked in a legal battle, spending more time in the courtrooms,” Livingston said. “Public tolerance has declined and congressional tolerance for the ESA has declined.”

Part of that means needing an adaptive management approach, but that is tricky, Arnett said. When one aspect changes it means managers and scientists need to address it.

“Adaptive management is something we struggle with the concept of, it has to go both ways but it is really difficult,” Arnett said.

The ESA also impacts the tourism industry by reducing elk hunting opportunities. In the Park County area, five outfitters went from 85 hunts per season to less than 25.

“That is unsustainable for the tourism industry that is important to the county,” Livingston said, noting that single-species management is a flaw. “There is no consideration for other species; it recovers one species and impacts other species.”

“Balanced management looks at the entire ecosystem and the ESA has tunnel vision for the species on the list and to heck with everything else,” Livingston said.

The Environmental Defense Fund is looking for solutions that make “good economic and conservation sense,” Brodnax said. Their Safe Harbor program allows landowners to avoid future restrictions if they do conservation work to help at-risk species. So far, the program covers 5 million acres of land and protects hundreds of species, she said.

“The ESA plays an important role to protect wildlife, but it works like an emergency room,” Brodnax said. “Sometimes it is too far down the line without expansive treatment. We need to recover species before it is too late.”

Brodnax also discussed how development companies could purchase credits for conservation.

Arnett commended Wyoming for getting ahead of "the regulatory hammer,” moving all the stakeholders in the right direction for sage grouse and keeping those plans going after the not warranted decision was made in September.

“That is the key, they are still being implemented,” Arnett said.

Staying ahead of the curve is tricky when funding is not guaranteed for longterm investments such as conservation projects, Arnett said.

“Not a quarter-by-quarter (basis) or when funds are available or only considered when the risk is front and center,” Arnett said.

Ethan Lane, the executive director for the Public Lands Council and the National Cattleman’s Beef Association, asked how the Environmental Defense Fund makes sure their efforts have the most impact possible and Brodnax said they try to keep landowners directly engaged.

“It is expensive to get systems up and running, and our hope is to make it more accessible for landowners to participate,” Brodnax said.

During the question and answer portion, Livingston suggested utilizing wildlife managers who live in Wyoming and increasing local participation. Arnett called for increased communication.

“There is checking-the-box communication and then there is discussion, and we have to be sincere about that,” Arnett said.

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