Middleton and others, ‘The Role of Private Lands in Conserving Yellowstone’s Wildlife in the 21st Century’

ABSTRACT
This article brings together insights from several fields, including environmental history, ecology, economics, human geography, and law, to identify the necessary conditions for a successful expansion of private-lands conservation in the GYE. First, Part II establishes important context by exploring how land was originally privatized in the GYE, who owns this land today, and what is known about how different types of landowners (eg, traditional versus ‘amenity’ owners) use land, and view conservation efforts. Part III uses two wildlife case studies – the grizzly bear and the elk – to explore how the use and management of private lands affects the ecology of the GYE and the experiences of residents and visitors, and conversely, how these wildlife and efforts to conserve them affect private landowners. Part IV explores legal authorities and policy precedents for conservation on private lands, and analyzes the degree of public versus landowner responsibility. Importantly, Part IV considers whether it may be necessary to re-evaluate the ‘bargain’ between the public and the private landowner in the GYE. Next, Part V inventories the range of regulatory and voluntary, incentive-based tools available for private lands conservation in the GYE. This Part also answers Robert Keiter’s recent call, in a comprehensive article on the GYE, for new work evaluating what voluntary, incentive-based approaches may be employed to decrease habitat loss, increase habitat quality, and reduce human-wildlife conflicts in the ecosystem. Finally, Part VI concludes our article by discussing the opportunities and challenges ahead in the GYE, including the importance of a ‘policy portfolio’ approach that is centered on voluntary tools, the need for greater coordination across multiple levels of governance, and the need for creativity and innovation in the very near term in this ecosystem. As YNP passes its 150th anniversary, meeting the goal of the National Park Service (NPS) to recruit ‘residents of communities near parks’ as their ‘co-stewards’ and advance large-landscape conservation will require greater attention to the special demands of private-lands conservation. While diverse stakeholders are well-positioned to take on this challenge, they face a critical test in the coming years. Given the hold of the GYE on the public imagination, their work could have broad impact.

Middleton, Arthur and Stoellinger, Temple and Bennett, Drew and Brammer, Travis and Gigliotti, Laura and Byerly Flint, Hilary and Maher, Sam and Leonard, Bryan, The Role of Private Lands in Conserving Yellowstone’s Wildlife in the 21st Century (May 15, 2022), Wyoming Law Review, volume 22, no 2, 2022.

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