problem-solving in conservation biology and wildlife management (gibbs/problem-solving in...

CHAPTER 32

Conservation Policy:Shaping YourGovernment

Thane Joyal

‘‘Give me liberty or give me death.’’ The rhetoric of democracy can seem a bitoverdone at times, but that jaded view usually comes from people who haveenjoyed democracy for so long that they now take it for granted. Democracy isextraordinarily important for environmentalists because it provides a set of toolswith which to shape the laws and institutions that underpin our society. Withoutdemocracy, powerful financial interests will prevail and society as a whole – and thebiota as a whole – are likely to suffer. Democratic societies impose a responsibilityon their citizens. We must be informed about issues and use our knowledge andvalues to shape our government. Biologists carry a double responsibility in thisregard. First, we must act to do what is best for human society as a whole, not justfor a few greedy individuals who would degrade the common environment for theirown gain. Perhaps more importantly, we must speak for all the other creatures thatshare this planet but have no voice in human institutions.

In this exercise you will identify a current political issue affecting the conserva-tion of biodiversity and to compose a letter concerning the issue to the editor of alocal newspaper or to an elected official. Secondly you will identify a currentproposed state or federal regulation that raises an issue related to the conservationof biodiversity and then, following the guidelines set forth below, to preparecomments on a chosen proposed regulation to the appropriate agency. It is import-ant that you choose an issue and a proposed regulation that you feel strongly aboutso that you can comment upon them with both enthusiasm and some level ofexpertise.

Objective

. To learn how to participate in the making of public policy by contributing usefulwritten or oral inputs.

Gibbs / Problem-Solving in Conservation Biology 9781405152877_4_032 Final Proof page 304 11.10.2007 2:25pm Compositor Name: PAnanthi

Problem-Solving in Conservation Biology and Wildlife Management: Exercises for Class, Field, and LaboratoryJames P. Gibbs, Malcolm L. Hunter, and Eleanor J. Sterling© 2008 James P. Gibbs, Malcolm L. Hunter, Jr., and Eleanor J. Sterling ISBN: 978-1-405-15287-7

Procedures

Finding Out What’s Going On

The public policy debate takes place in many different forums. Issues related toconservation may be raised in a general, policy-making forum by a governmentagency, or they may arise as a result of a specific dispute concerning a single parcelof land. The best ways to keep track of what is going on are to read the localand national newspapers and to contact local and national conservation organi-zations. An important function of non-profit conservation and environmentalorganizations is to track the development of policy-making debates. Particularlyuseful are the newsletters and web pages of these organizations. For the US, apublication known as The Conservation Directory, published by the National WildlifeFederation and available at most public and university libraries, lists most majorconservation organizations and government agencies, and is a good tool for identi-fying organizations with agendas that interest you. The internet is also an obvioussource of timely information on conservation policy issues and developments.

In most democratic nations, the most important national conservation laws areadopted by an elected body of representatives and approved by a chief executive,such as a president or prime minister. These laws give an administrative agency, suchas a Department of Natural Resources or similar agency the authority to develop thespecifics of these programs. To do so, the agency is authorized to promulgateregulations to implement its statutory mandates. Regulations are generally proposedfor public notice and comment prior to adoption, and all comments are consideredbefore the final regulation is published. Often a public hearing is held to solicitcomments on the proposed regulation.

The easiest way to track proposed regulations is to read the newsletters and webpages of environmental and conservation organizations. In the US, the proceedingsand activities of federal administrative agencies can be tracked through the FederalRegister, a publication which is available at large public libraries and at law librariesor on the internet at: www.gpoaccess.gov/fr/index.html. Any reference librarianshould be able to show you to how to locate and use the Federal Register. Themost useful feature of the Federal Register is that it publishes copies of proposedregulations so that you can read them for yourself and form your own opinions abouttheir content. There are usually similar publications pertaining to state regulations.Again, your reference librarian or local conservation groups can orient you toregulatory issues at the state level.

Analyzing the Situation

Conservation biologists and wildlife managers typically are well-steeped in scientificexpertise and culture. They often assume that their years of training in ecologicaltheory, natural history, mathematical modeling, systematics, etc. entitle them to aprivileged role in policy debates. If the scientist just provides all the facts to thedebate, the reasoning goes, then satisfactory resolution of a conflict will follow.Furthermore, any scientist who enters the policy fray personally is often denigratedas being an ‘‘advocate’’ or as being ‘‘political.’’

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To become effective participants in the policy process, and ultimately to meet withany success in resolving the biodiversity crisis, biologists need a more sophisticatedunderstanding of the policy process. Policy analysis is not necessarily complicated butis unfamiliar to most scientists. Some insights on policy analysis that can assist abiologist to become a more effective participant are presented here:

1 Carefully examine one’s own perspective. How do your beliefs, values, and expect-ations contrast with those of other participants in the same debate? Are there areas ofcommon ground with your opponents? Are there areas of irreconcilable differences?Recognizing the underpinnings of your perspective will make you a much moreeffective participant.

2 Examine the problem carefully. What outcomes do you prefer? What alternativeoutcomes are available to you and the other participants? Would all alternativesbe equally acceptable? Try to be specific about identifying and addressing themerits of all the alternatives available.

3 How do you expect a policy debate to proceed? Be aware that any policy developsthrough several, fairly predictable phases, including:

. a planning and information-gathering phase

. a debate phase where the alternatives are discussed

. an enactment phase where an alterative or combination of alternatives is selected

. an invocation phase where the rules agreed upon are put into practice

. an application phase where disputes with the enacted policy are resolved

. a review phase where assessment of the policy is undertaken

. finally a termination phase where the policy is revamped by moving back to thebeginning of the process or is abandoned.

Preparing a ‘‘Letter to the Editor’’

It is very common to read newspaper articles about situations that raise issues related tobiodiversity, and it is also quite common to see that there are serious misunderstand-ings or misrepresentations of the science of conservation biology which are at theheart of the debate. What should a responsible conservation biologist do? What ifthere is an issue which is not even being raised by the newspaper? A letter to the editorenables you to inform a large audience about an issue. Keep in mind that the ‘‘lettersto the editor’’ section of a newspaper is typically read more frequently than any other.Legislators and other important readers also often perceive letters to the editor as adisplay of public sentiment.

Letters to the editor can take many forms. They can explain how your issue relatesto other items currently being covered in the news, correct facts after a misleading,inaccurate or biased letter or story, respond to other editorials or letters, reveal localramifications of national issues or raise local public awareness of an issue.

Letters should be brief, clear, and to the point. Approximately one page, or abouttwo to three short paragraphs (250–500 words total) should be all that is needed toadequately address an issue. Short letters are much more likely to be printed thanlong ones owing to newspaper space limitations. Be sure to know what you want tosay and to say it plainly so people can understand. Be positive. Localize andpersonalize your story in order to make it relate more closely to the people whomyou are trying to influence. Type or handwrite clearly and include your address.Make sure facts and figures are correct. If you are writing as part of a group (such as

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a conservation biology class) make sure to stagger submissions to maintain publicawareness and interest over a longer period of time.

Writing to Elected Officials

You can have an impact on the formation of statutes by tracking interesting legislationand writing to your elected representatives to express your views on the proposals.Politicians do listen to their constituents. Letter writing is the most common form ofcommunication with elected officials, especially members of Congress. Keep in mindthat a large amount of mail flows into congressional offices and not all of it reaches themembers. Nevertheless, well-written letters are at least seen by top staff personnel.Usually all letters submitted receive a response.

The best way to ensure that your letter is read is to keep it as brief and to-the-point aspossible. Type your letters using your signature over your typed name at the end of yourmessage. Alternatively, a carefully hand-written letter may have more of a personaltouch and hence more impact (particularly in this age of mass mailings). Clearly identifyyour subject, including the name of the legislation and the bill number. State yourreason for writing and explain how the issue would affect biodiversity conservation.Your own personal experience is your best supporting evidence. Remember you are notengaged in a debate, but are trying to persuade, so do not be argumentative. If you are aconstituent, make sure you state this. Ask your representative to state a position on theissue in a reply. Timeliness is everything, and be particularly aware of the schedule fordebate and voting on the issue you are writing about. Lastly, elected representativesmainly receive complaints from their constituents. Do not underestimate the value ofpraising an official for past activity that pleased you as a constituent. Similarly, if theofficial responds to your letter in a positive fashion, write to them again indicating yourgratitude. This happens all too rarely.

Communicating with Government Agencies

The most important rules to remember in submitting comments to an administrativeagency on a proposed regulation are simple. Meet the deadlines and follow allinstructions in the public notice! If you fail to follow the instructions or to meet thedeadline stated in the public notice, the agency will not be required to consider yourcomments.

Begin your comments by introducing yourself, stating who you represent, if you arecommenting on behalf of an organization, or if you are commenting as an unaffiliatedcitizen. If you have any special expertise in a particular area, you should state it at thebeginning of your comments. Comments should only address the issues raised by theproposal. This seems obvious, but it is quite common for the public to use the forumto raise pet concerns or issues, which greatly dilutes their effectiveness. Commentsshould be specific about the portion of the regulation being addressed. If there isa problem with, for example, a single word in paragraph 3 line 2, say so specifically.If the problem is theoretical or is an overall concern, say so. The most effectivecomments often lead with a discussion of theoretical or general concerns, and thenfollow with specific comments on the language of the regulation itself. If you see aproblem and can recommend a solution in the form of revised language, do so.

Comments should be concise. One common practice among regulation writers isto summarize comments and group them with similar comments to enable decision-makers to evaluate the information presented. The more wordy a comment is, the

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more likely it is to be misunderstood or misrepresented. Effective public participationdepends in large part on good writing and speaking skills.

When submitting comments, you should request that a copy of the final regulationbe sent to you, or, at a minimum, notice of its publication. You should also ask thatyou be notified of any public hearings scheduled to address the proposal. Mostgovernment agencies will routinely send both notices to all commenters, but it is agood practice to request the notices, both to ensure that you receive them and tocommunicate the seriousness of your interest in the regulation. A public hearingprovides you with a further opportunity to make your opinions known.

If your comments are not heeded, take heart! Regulations are frequently revised asnew programs implemented. If you have the patience to continue to track a newlyadopted regulation, you may have the opportunity to comment on the revisedversion in the future. If you are directly affected by a newly adopted regulation, donot wait for the revision. Write to the administrative agency and detail the concern,following all the rules for formal comment writing. Effective lawmaking depends ongood input from those affected by the laws.

Expected Products

. Identification of a current political issue affecting the conservation of biodiversityand to compose a letter concerning the issue to the editor of a local newspaper orto an elected official.

. Identification of a current proposed state or federal regulation that raises an issuerelated to the conservation of biodiversity and then prepare comments on a chosenproposed regulation to the appropriate agency.

. Responses in a form indicated by your instructor to the Discussion questions below.

Discussion

1 We frequently hear reference to the ‘‘science’’ of conservation biology. If conser-vation biologists are essentially scientists, would they not best serve the publicby simply generating impartial information for the public debate and not gettingdirectly involved in politics themselves? In other words, does not direct partici-pation in the policy process taint the respectability of conservation biologists andthereby diminish their stature and usefulness to society?

2 Has your education been adequate to prepare you for effective participation in thepolicy process? What has been most useful? What has been lacking?

3 Why do so few members of the general public participate in the policy process?In other words, do you think it matters, one way or the other, if you submit a letterto a representative or comment on a proposed rule?

Making It Happen

This exercise is all about making it happen and is therefore an appropriate one toend on. The purpose of the exercise is to familiarize you with the process of getting

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your opinions entered into policy debates. The exercise will only have succeeded ifyou build upon this experience, generate letters and comments on a frequent basis,and become a regular participant in such debates. One of the greatest frustrationsof many government regulators and elected officials is that they only hear fromso-called special interest groups because the public at large generally does not takeadvantage of the many mechanisms available to it to participate in the debate.In other words, we encourage you to go ahead and mail your letters and comments.

Further Resources

We recommend Susan Jacobson’s (1999) handbook for getting up to speed as asavvy, articulate and, eventually, effective conservation biologist.

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