Background

The variety and magnitude of species and habitats in the United States is rapidly declining. This loss of biodiversity poses risks to ecosystems and human health. Most states attempt to protect biodiversity through single species protection efforts under the Endangered Species Act, specific land conservation efforts, or invasive species laws. While these tools take steps to curtail species’ loss, they are often scattered, uncoordinated, or underfunded.

States are equipped to formulate and implement essential land use policies. State governments have influence over much of the state land area, and have the primary responsibility for the wildlife within their borders. Therefore, states play an important role in biodiversity conservation. Individual states are better able to tailor programs to prioritize biodiversity in crisis, detect primary threats, and develop comprehensive programs to protect species and ecosystems.

Many federal regulations used to protect biodiversity are administered at the state level, enabling individual states to customize national environmental programs, such as the Endangered Species Act. The act authorizes states to conduct statewide assessments of biodiversity and establish programs to protect it, as in Delaware, Hawaii, Florida, and Massachusetts.(1) Statewide strategies incorporating state, federal, and local laws, statewide biodiversity research, and state policy concerns will enhance current federal regulations that are unable to comprehensively protect states against biodiversity loss before species and their habitats are at risk.

Many state governments recognize the need for a more comprehensive, statewide program with coordinated state and local efforts to preserve ecosystems. Data on the variety and quantity of species, ecosystem interaction, and causes for biodiversity loss must be collected for each state. From this data, a comprehensive biodiversity policy can be created. Fortunately, every state has access to biodiversity information through Natural Heritage Programs, and most states can utilize Gap Analysis Program (GAP) data. GAP programs have been completed in a vast majority of states and are in progress in the remaining states. As a first step, states need to synchronize GAP, Natural Heritage, and supplementary biodiversity data from nonprofit, educational, and government sources into a comprehensive database. Then states can begin to review and assess existing programs and develop a statewide policy.

State biodiversity conservation plans should include:

• Biological inventory and assessment;
• Statewide strategy and implementation plans;
• Habitat protection;
• Policy / legal review;
• Public education and public and media outreach campaigns;
• Clearly defined goals; 
• Defined leadership structure;
• Sufficient funding; and
• A broad base of stakeholders.

Statewide biodiversity policy has been developed and integrated in various ways, including governor’s executive orders, memorandums of understanding, and statutory law. The language for the state Biodiversity Conservation Act integrates four sources: Washington SB 6400 (2002); New York Consolidated Education Law, Title 1, Article 5, Part 1, Section 235-A; Michigan Compiled Laws, Act 451 of 1994 (Chapter 324, Sections 35501-35506); and, a model statute published by the American Planning Association in the “Growing Smart Legislation Guidebook.” Washington SB 6400 was signed into law by Governor Gary Locke on April 1, 2002. The New York Biodiversity Research Institute was statutorily created in 1993 by SB 5072. The Michigan law was enacted in 1994.

Washington SB 6400 sets up a temporary committee to assess biodiversity and conservation problems, needs, and solutions. The bill sets up a committee, consisting of a diverse set of stakeholders, to develop recommendations for a long-range, statewide biodiversity conservation plan.

Defenders of Wildlife has completed an assessment of statewide biodiversity strategies, Saving Biodiversity: A Status Report of State Programs, Policies and Laws. Updated information is available at Biodiversity Partners.