Finally, it should be noted that the U.S. Fish and Wildlife Service eased local
concerns by issuing a set of "assurances" in August 1994. In effect, these
pronouncements tell nonfederal landowners with approved multispecies plans that
they will not be subjected to further land use restrictions or mitigation
requirements if additional species are listed or other regulatory action
required. The progress of the NCCP program in Southern California was
explicitly cited as the justification for Secretary Babbitt's pronouncement
that "a deal is a deal."
APPROVALS AND APPROPRIATIONS
Now comes the hard part: approving applications for preserves and finding funds
for land acquisitions whenever acquisition is required to assure the integrity
of the subregional preserves.
As of this writing, the parties are close to complex agreements on a variety of
subregional plans-the very heart of the NCCP program. Since I the Section 4(d)
rule took effect, some 30 projects in San Diego County and 8 in Orange County
have either received final approval by wildlife agencies or are close to being
approved for consistency with preserve guidelines. More than three dozen other
projects are also in advanced stages of review in those counties, even as more
comprehensive, long-term preserve plans are being designed.
Meanwhile, interested stakeholders recently initiated a long-term planning
process in San Bernardino County, and an agreement was recently reached with
Riverside County to have its multispecies planning effort meet NCCP
requirements. Each county plan will encompass thousands of acres and embrace
many cities and partners. Even Los Angeles County, long recognized around the
world as a metaphor for problems associated with urban sprawl, will protect
several thousand acres of its remaining coastal sage scrub habitat on the Palos
Verdes Peninsula.
Nevertheless, it is to San Diego and Orange counties that we turn to taste the
true ingredients of success. In these counties, the nuances of the NCCP
process are revealed in all their complexity.
In San Diego County, where 4,2.00 square miles are home to 24 plant and animal
species listed or proposed as threatened or endangered and another 300
considered vulnerable, three subregional plans are being developed. The
Multi-Species Conservation Program, encompassing almost 580,000 acres in the
city of San Diego and southwestern San Diego County, stands out as one of the
largest, most ambitions, and most complex of all regional plans in the United
States. This program, which affects a great variety of interacting species and
habitats and is anchored in the city's Clean Water Program, involves no fewer
than it cities, adjacent lands in the county, and a system of corridors
connecting diverse preserves. The North County Multiple Habitat Conservation
Program, organized by SANDAG, the regional consortium of governments, covers
610,000 acres in to of the county's northernmost jurisdictions. The third
plan, covering over 1,000,000 acres of land in the eastern two-thirds of the
region, mostly owned by the U.S. Forest Service and Bureau of Land Management
and the county's park and recreation department, is intended to complement the
other two by establishing both a wildlife corridor system and a desired degree
of "connectivity" among all three.
In Orange County, there are two plans in the works that cover approximately
340,000 acres. The Southern Orange County NCCP is noteworthy because this
subregion includes large sections of coastal sage scrub habitat that are still
relatively undeveloped, including lands reserved until now for military uses.
In fact, we are willing to engage, as partners, any entity with holdings that
include eligible lands, whatever the entity's official status: the military, as
noted, and other federal agencies, including such exotic ones as the Resolution
Trust Corporation (RTC); private corporations, owners of individual parcels,
and, especially, developers; nonprofit groups, trusts, foundations, and
conservancies; and, of course, other organs of state and local government. The
California Department of Parks and Recreation, for example, has signed an
agreement with the Fish and Game Department, the NCCP manager, to help
identify, evaluate, and enroll appropriate state parklands in the program. So
far, six park sites are enrolled. Similarly, the U.S. Interior Department's
Bureau of Land Management has made 176,000 acres within San Diego County
available for conservation planning. Land assets once held by failed savings
and loan associations and now being redistributed by the RTC are being
evaluated for their habitat potential and possible inclusion in the NCCP
program. To relieve the burden on private landowners, we have given priority
to the inclusion of public lands whenever they meet eligibility criteria.
Similarly, our funding for research, administration, and acquisitions must come
from multiple sources. The financial resources of the state and federal
governments are simply insufficient for underwriting the multiple requirements
of an effective NCCP program.
For example, the National Fish and Wildlife Foundation, a nonprofit
organization that supports natural resource partnerships throughout the nation,
has Supplemented federal funding with matching donations. The federal
government has contributed $ 2 million for planning, and Secretary Babbitt has
pledged support for continuing efforts in the five-county NCCP region. The
city of San Diego has spent another $3 million. Local governments in San Diego
and Orange counties are providing staff time and technical advice.
California's financial plight, however, is not a well-kept secret. The state
is just recovering from a deep and traumatic recession. Steeply rising medical
and welfare costs leave little margin for discretionary Spending. Governor
Wilson estimates that unfunded federal mandates alone cost the state about $8
billion annually. More than two-thirds of California's counties are currently
insolvent. Opportunities to increase property taxes are severely limited.
Bond measures are difficult to justify in the current political climate:
California's voters rejected a $ 2 billion bond issue for parks and wildlife as
recently as June 1994. And, in a rare instance of true bipartisanship, the
Reagan, Bush, and Clinton administrations have all withheld funds from the
federal Land and Water Conservation Fund, formerly a prime source of funding
for states wishing to purchase wildlife habitat.
Clearly, it is time to be creative. Secretary Babbitt displayed such
creativity in December 1994 when he announced to the quarterly meeting of the
California Biodiversity Council in San Diego that he would provide federal
funds to assist NCCPs through a previously ignored provision, Section 6, of the
Endangered Species Act. And the state has done its share by funding the
start-up of NCCP and authorizing the establishment of Habitat Assessment
Districts, through which local governments can generate revenue to acquire
habitat.
On the state and local levels, it may also be feasible to acquire less than fee
interests-including development rights-as an alternative to outright
acquisition. The state has promulgated guidelines and has encouraged
consideration of tax credits, increased reliance on publicly owned lands, and
broadened incentives like California's Williamson Act for owners to participate
in voluntary habitat stewardship.
Another possibility involves using funds from such programs as the federal
Intermodal Surface Transportation Efficiency Act of 1991 to mitigate for
transportation projects that have had adverse impacts on the land and
biological resources. A small proportion of the $ 1.6 billion in federal funds
provided under the Conservation Reserve Program, part of the i985 federal Farm
Bill, might also be made available to help property owners with ecologically
valuable lands become willing stewards of their holdings, much as the Wetlands
Reserve Program has encouraged protection of that ecotype.
REPLICATING THE MODEL
The success of the NCCP program in Southern California, admittedly qualified
and fragile, has encouraged us to transport the model to other bioregions in
the state and adapt its underlying principles and processes to different sets
of circumstances. Not without a touch of foolhardiness, we have dared to apply
the model to the most intractable problem of all-the sharing of the limited
resources that meet in the delta formed by the confluence of the Sacramento and
San Joaquin rivers above San Francisco Bay. This has been a war zone for
decades, and the battles have been fought over water. What land-based
development is to the South Coast bioregion, water diversions are to the
Bay-Delta bioregion.
The 1,600-square-mile estuary in the Bay-Delta ecosystem abounds in
biodiversity. It is home to some 400 species of fish, mammals, reptiles,
amphibians, and birds, including half the shorebirds and waterfowl that migrate
on the Pacific Flyway. Two-thirds of California's salmon swim through the
estuary each year, including the endangered winter-run chinook. The threatened
Delta smelt also swims these waters.
Unfortunately, California has a semiarid climate. Its waters-most of which, if
left untamed, would flow freely through the estuary-are also needed to irrigate
the nation's largest and most productive agricultural industry and to slake the
household thirsts of the populous south. Most of these waters begin ii-4 snow
in the Sierra Nevada. Before the melted runoff reaches San Francisco Bay,
however, it moves through a dauntingly complex network of dams, waterways,
pumps, and canals that supply gigantic water systems managed by both the state
and the federal governments. Virtually every individual in California, not to
mention every economic interest, is affected by the management of these
systems.
The latest round of battles began almost a decade ago. In 1986, a state judge
ordered a new balancing of the region's resources. In 1987, the U.S.
Environmental Protection Agency (EPA), applying the standards of the federal
Clean Water Act, declared the state's water quality too poor to sustain the
region's biota. Over the next few years, numerous plans were proposed and
rejected for one contentious reason or another. Finally, a newly elected
Governor Wilson decided to make the ending of the water wars a matter of high
priority. In 1992, he directed a new Water Policy Council to find solutions
that would ensure adequate water quality, allow efficient and reliable water
exports, fulfill the requirements of fish and wildlife, and protect the
integrity of the region's maze of channels and levees. I was joined on the
council by representatives of various state agencies that deal with water,
natural resources, agriculture, and commerce. The governor also directed the
State Water Resources Control Board to adopt interim water quality standards,
and he created the Bay-Delta Oversight Council, a panel of citizens representing
water users and environmental groups that would help design long-term
solutions.
Early in 1993, while the state was working on interim standards, the
National Marine Fisheries Service issued regulations, pursuant to the
requirements of the Endangered Species Act, to protect the winter-run chinook,
and the U.S. Fish and Wildlife Service listed the Delta smelt as threatened.
Both actions implied large, additional diversions of water away from other
uses. The state was forced to focus immediately on long-term solutions that
reflected the needs of an entire ecosystem.
In September 1993, the four responsible federal agencies involved in the issue
responded to the state's frustrations by forming the Federal Ecosystem
Directorate (known a bit derisively as "Club Fed") to coordinate their
management responsibilities across Jurisdictional lines. This step opened the
door to an unprecedented degree of cooperation between state and federal
officials.
In June 1994, only six months before a court-imposed deadline for EPA to issue
final water quality standards, a framework agreement was signed by ii z federal
and state agencies with responsibilities for managing water quality, fish and
wildlife, and the principal conveyance systems. In essence, the new agreement
was a declaration of interdependence. In the new spirit of cooperation, both
sides moved quickly toward the achievement of mutual goals for regulatory
certainty, long-term environmental protection, and predictable water supplies.
Club FED and the Water Policy Council, for example, worked together to
establish a seasonal supply regime for the two vast storage and delivery
systems that traverse California and to stabilize the natural systems of the
estuary.
The basic story line here is short and simple: In the beginning, complexity
reigned; paralysis and uncertainty were the results; gradually, however, a
cooperative spirit began to emerge; enthusiasm mounted as solutions became
evident. The story, of course, is still unfolding, with the final chapter only
now being written and edited. Nevertheless, the state's water users are
already pleased with the plot. They simply want an end to the uncertainty of
fragmented, piecemeal management. Like the policy makers in state and federal
agencies and the chiefs of the operating water projects, they seek practical
resolutions for long-standing conflicts that will avoid the drastic
consequences of direct collisions with the Endangered Species Act.
On December 15, 1994, all of this hard work snapped into sharp focus.
California and the U.S. government signed an agreement that will, for the first
time, allow state officials to manage ecosystems as whole entities rather than
regulate one industry, one resource, and one species at a time.
The new arrangement establishes limits on how much freshwater can be diverted
from the estuary to agricultural and urban areas, thereby supplying our
endangered fish species with enough stream flows to survive annual migrations
and to keep salty intrusions at bay. Although farmers and city dwellers will
sacrifice part of their current allotments, their compensation will take shape
as an absolute guarantee of delivery. In relinquishing about 10 percent, some
400,000 acre-feet, of their current draw in normal years, they are, in effect,
trading water for certainty.
Indeed, the guarantee-and, in particular, its application during drought
years-was the final domino to fall into place. At virtually the last moment
before the court-ordered deadline, Secretary Babbitt agreed to have the federal
government underwrite the costs of supplying additional water, should it become
needed due to unforeseen circumstances, beyond that which has been contributed
by the state's water users.
As we sought to bring government processes more nearly into conformity with
natural systems, our experiences in the South Coast and Bay-Delta bioregions
also revealed the emergence of a new "institutional ecosystem," the shape of
which should influence further efforts to balance economic and environmental
objectives. First of all, we have learned to tackle complex environmental
issues on a scale suited to their solution. Although the scale of workable
solutions to the habitat crisis of Southern California and the conflicts of
water use in the Bay-Delta estuary are necessarily broad-in both instances
nearly as broad as the bioregions themselves-the tenets of integrated resource
management are applicable in smaller settings as well.
The Council on Biodiversity has compiled a long list of watershed subgroups in
the Klamath and Sierra Nevada bioregions, each of which is an avid practitioner
of ecosystem management. It is critically important to involve all
stakeholders, no matter how checkered the history of earlier relationships.
Until all parties acknowledge the legitimacy of one another's objectives, and
agree to collaborate on the problem-solving exercise, no real progress can be
expected. In fact, the role of government then becomes secondary, as the truly
interested parties seek an alternative to continuing-and
wasteful-controversy.
Just as the gnatcatcher in the South Coast and the Delta smelt in the Bay Delta
have served to galvanize this new "Institutional ecosystem" in their
bioregions, the northern spotted owl has had a similar effect in far northern
California. Although not everyone, including the state of California, approves
the federal government's "Option 9 " prescription for management of national
forests in the Klamath province, we do recognize that it reflects a new
commitment to ecosystem management. Equally important, the program has
included a Community Economic Revitalization Team, whose
members are making funds available to promote sustainable development in the
bioregion. The federal and state governments are also cooperating to improve
resources planning in yet another of California's bioregions, the Sierra
Nevada. Following the Sierra Summit, Congress authorized an ecosystem study of
the Sierra Nevada by the U.S. Forest Service. The Sierra Nevada Ecosystem
Project is the first of its kind and is intended to offer management strategies
that integrate economic and environmental objectives. A report of its findings
Is due at the end of 1995. It is difficult to overstate the significance of
business participation in this effort, and with it the articulation of
economic, as well as environmental, costs and benefits.
In each instance, we sought to engage the entire suite of stakeholders, whether
public or private. But there also emerged an unanticipated interest on the
part of the general business community, which has come increasingly to
understand the connection between economic growth and environmental
protection.
The landowners of Southern California were, of course, directly affected by the
outcome and were, thus, essential participants in development of the plan. The
role of business in finding agreement over water quality standards for the
Bay-Delta bioregion was not so well defined at first. The usual combatants in
California's water wars-agriculture, urban users, and
environmentalists-welcomed business to their ranks when a formidable array of
corporate leaders reminded President Clinton and Governor Wilson that continued
disagreement, and the resulting uncertainty of water supply, would have
seriously adverse consequences for the state's economy as a whole. just prior
to the December 15, 1994) agreement between California and the U.S. government,
the California Business Roundtable urged compromise in the interest of economic
recovery: "Moving beyond gridlock and reaching a compromise on water is
critical to sustaining the economic recovery underway in the state. We implore
you to do everything in your power to ensure that the goal (of satisfactory
water-quality standards) is achieved."
Because its credibility is derived from scientific theory, ecosystem management
can succeed only when sustained by sound, or at least defensible, science. As
noted above, it was recognized from the beginning that NCCP could not succeed
unless well grounded in conservation biology. Even when there are inadequate
data, or genuine disagreement among scientists, as in the case of the
enormously complex Bay-Delta estuary, agreement can be found within the "range
of reasonable science," subject to modification as new information becomes
available. The establishment of protocols for extensive monitoring in the
Bay-Delta estuary is an essential
element of the December i5 agreement. Despite legitimate disagreements among
scientists about the likely effects of new water quality standards, it will be
readily possible to determine whether the desired result has been achieved and
to modify the water quality regime as necessary. As we learn more about the
functioning of ecosystems, we will rely less on rigid prescriptions and more on
adaptive management of their component parts.
MANAGING COMPLEXITY
Although I believe that we are well served by these principles, and by the
larger shift toward bioregional planning, I am laboring under no illusions that
would lead me into declaring that the state of California has suddenly decided
to launch a direct attack on the problems of land use and growth management.
Indeed, there has been virtually no response to the comprehensive
recommendations of the Governor's Council on Growth Management, published in
I993. In Strategic Growth: Taking Charge of the Future, A Blueprint for
California, we attempted to examine all elements of the state's physical
infrastructure, including housing, transportation, energy, and municipal
facilities in light of California's rapid growth.
Not surprisingly, the council concluded quite cautiously that regional planning
"of some sort" and "in some circumstances" would be required to deal with
issues that transcend the fixed boundaries of political subdivisions. As we
discussed the relevance of "airsheds" and "commutersheds" and even "milksheds,"
I wondered aloud to my. colleagues whether we had come full circle, to the
acceptance of watersheds-or even bioregions-as the organizing principle for
growth management in 21st century California. The popularity of E.O. Wilson
notwithstanding, my suggestion was dismissed, and our final report contained
only passing reference to ecosystem management.
The indifference to conventional growth management is even more inexplicable.
When I challenged a graduate student at Harvard's Kennedy School of Government
to explain the absence of public and political support for growth management,
John R. Christiansen identified, among other reasons, "the lack of a clearly
focused intellectual framework." Until this framework is established, perhaps
as the result of renewed interest by the business community in the economic
implications of unplanned growth, California like many other places will
continue to approach growth management in an incremental manner, using the
tools at hand. Thus, our efforts at bioregional planning would more accurately
be described as a policy of loose and indirect containment for the somewhat
limited purpose of protecting biological diversity. In effect, we surround our
problems with a complex weave of flexible limits and variable inducements. At
one and the same time, we work a problem top down, bottom up, and side out. We
nudge the problems into a framework with edges that are both fuzzy and real.
But within that framework, we leave the interested stakeholders with plenty of
room to innovate. We try to still the big sticks-the Endangered Species Act
and the water quality standards of the Clean Water Act, for example-while we
negotiate solutions that rely instead on incentives, trade-offs, cooperation,
scientific reality, and regulatory certainty.
It should be evident by now that we are sailing toward the far shores of a new
world of governance. The familiar universe of prescriptive policies no longer
obtains. The crisp efficiencies of command-and-control hierarchies are
increasingly irrelevant.
We have found in ecosystem management a means corresponding closely to the
logic of natural functions by which to protect those systems, and to foster
compatible human activity. We have also developed a new kind of "Institutional
ecosystem" by which our environmental and economic objectives can be achieved.
In acknowledging the legitimacy of these linked goals, we have opened the
planning dialogue to all stakeholders and transformed the roles of government
and the private sector. After 2 5 years' experience with a model that favored
regulation over collaboration, and confrontation over cooperation, the parties
to ecosystem management in California now demonstrate a shared commitment to
sustainable use and perpetuation of our extraordinary natural legacy.

| Doug Wheeler |
Calif. Resources Agency |
CERES |
Calif. Biodiversity Council |