August 13, 2018 — A modern vision of conservation is one that uses federalism, public-private partnerships and market-based solutions to achieve sound stewardship. These approaches, combined with sensible regulations and the best available science, will achieve the greatest good in the longest term.
Last month, the Trump administration took this approach to bringing our government’s implementation of the Endangered Species Act into the 21st century. We asked ourselves how we can enhance conservation of our most imperiled wildlife while delivering good government for our citizens. We found room for improvement in the administration of the act.
When Congress created the Endangered Species Act, it built a tiered classification for our most at-risk wildlife, designing different protections for “endangered” and “threatened” species. The act was designed to give endangered species the most stringent protections while affording federal agencies the authority to tailor special rules for lower-risk, threatened species on a case-by-case basis.
It may surprise most Americans, however, that the highest level of protection is often applied, regardless of the classification, through application of a “blanket rule.” The use of this rule by the U.S. Fish and Wildlife Service automatically elevates protections for threatened species to the same level as those given to endangered species.
But automatically treating the threatened species as endangered places unnecessary regulatory burden on our citizens without additional benefit to the species. The blanket rule reflexively prohibits known habitat management practices, such as selective forest thinning and water management, that might ultimately benefit a threatened species.