Status of the Recovery Mandate Under Section 7(a)(1) of the U.S. Endangered Species Act

The U.S. Endangered Species Act (ESA) is widely considered to be one of the strongest laws for protecting imperiled wildlife, with nearly all species protected under the law still existing today. Among the ESA's strongest provisions, at least as written, is the requirement under section 7(a)(1) that federal agencies use their authorities to help recover imperiled species. New initiatives like 30 x 30, the campaign to conserve at least 30% of U.S. lands and waters by 2030, offer opportunities to reinvigorate and expand 7(a)(1) programs to play a significant role in biodiversity conservation. To gauge the current status of 7(a)(1) plans and assess their effectiveness, we collected all section 7(a)(1) materials available to the public through internet searches and direct requests to agencies. We evaluated the scope of existing 7(a)(1) programs and found that despite the clear potential benefits of strong programs, the section has been significantly underused by federal agencies. Further, we show that existing plans are highly inconsistent in content and style, and we trace that inconsistency to the lack of policy guidance for their creation and implementation. Based on these findings, we recommend five strategies for improving 7(a)(1) implementation: establishment of formal guidance from the federal wildlife agencies, tailored guidance from other federal agencies to help them meet their 7(a)(1) obligation, dedicated funding, integration of 7(a)(1) into existing initiatives and opportunities, and top-level executive branch coordination and cooperation.

Same law, diverging practice: 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 America's most imperiled species.