Issues

FWS Announces Extension of Comment Period for the Northern Long-Eared Bat. This week, the U.S. Fish and Wildlife Service (FWS) announced the extension of the comment period for the Northern Long-Eared Bat. On October 2, 2013, the FWS proposed listing the bat as endangered yet found critical habitat for the species was not yet determinable.  According to FWS, the extension of the comment period for the proposed rule is “to ensure the public has sufficient time to comment on the proposal for this wide-ranging species that involves many stakeholders.” Comments on the proposed rule must be submitted by January 2, 2014. Additional information is also available in the Federal Register HERE.

IPAA and API Comment on Proposed Designation of the Western Distinct Population Segment of the Yellow-billed Cuckoo. This week, the Independent Petroleum Association of America (IPAA) and the American Petroleum Institute (API) submitted comments on the proposed designation of the Western Distinct Population Segment of the yellow-billed cuckoo as a threatened species under the Endangered Species Act (ESA). According to the comments:

“The Service’s proposed listing determination for the proposed western DPS of the yellow-billed cuckoo is flawed and fails to meet the standard required under ESA Section 4. As this proposal does not meet the minimum analytical requirements required for designation of a species as threatened or endangered under the ESA and its implementing regulations, the Associations request that the Service withdraw its listing determination.”

The Associations also noted there is no current basis to identify or propose the designation of critical habitat for the cuckoo, stating:

“Given the fact that so little is known about the population and habitat of the proposed western  DPS of the yellow-billed cuckoo, the Service cannot identify characteristics common to those habitats that would allow it to designate critical habitat.”

The Association’s comments also state the FWS has failed to identify and establish a relationship between the data on habitat conditions, the species status, and whether conditions or threats necessitate a listing under the ESA – a “fundamental flaw” in the proposed rule. Read the full comments from the Associations to the FWS HERE.

Unified Agenda Items for Endangered Species Act. Last week, the Obama Administration posted their Unified Agenda for Fall 2013 which lists regulatory items the administration plans to pursue, including a number of items that are relevant to the Fish and Wildlife Service (FWS) and the Endangered Species Act (ESA). Of particular note are proposed rules regarding:

  • ESA Section 7 Consultation Regulations and Incidental Take Statements;
  • Implementing Changes to the Regulations for Designating Critical Habitat;
  • Policy Regarding Implementation of Section 4(b)(2) of the Endangered Species Act;
  • and the definition of “Destruction or Adverse Modification” of Critical Habitat.

A link to the Department of Interior’s complete Unified Agenda can be found HERE. A link to the offshore species can be found under the Department of Commerce (NOAA) located HERE.

In the News

Sage grouse plan impacts ranchers disproportionately, OCA says. Capital Press. Some Oregon ranchers would be disproportionately harmed by grazing restrictions under a proposed plan to protect sage grouse, according to leaders of a state cattlemen’s group. The U.S. Bureau of Land Management recently offered a draft plan for managing the greater sage grouse, a candidate for federal protection under the Endangered Species Act.

Hickenlooper ‘Sage-Grouse’ appointment spurs ‘cautious optimism’ from rural conservatives. The Complete Colorado. The search for a state-based solution to the potential listing of the Greater Sage-Grouse to the list of endangered species has a new advocate, according to Moffat County Commissioner John Kinkaid. According to Kinkaid, Gov. John Hickenlooper has appointed John Swartout to lead the effort to push back against the addition of the sage-grouse to the list of protected species under the Endangered Species Act.

Garfield County says BLM emails help make the case on sage-grouse. Post Independent. A series of internal emails between U.S. Bureau of Land Management officials and wildlife experts in late 2011 suggest some reservations about a National Technical Team (NTT) report that was used as a basis for coming up with a plan to protect the greater sage-grouse. In particular, some comments by BLM officials during the early stages of a federal study to determine the bird’s habitat in northwest Colorado and other Western states seem to question the science behind the NTT’s recommended protective measures.

Public Responds to Sage Grouse Plan. Fairfield Sun Times. Just before Thanksgiving, the governor’s Greater Sage-grouse Habitat Conservation Advisory Council completed a statewide tour for public input on the plan to divert a federal listing of the sage grouse to the Endangered Species List. The council stopped in Dillon, Baker, Miles City, Billings, Lewistown, Glasgow, and Malta; all areas with core sage grouse habitat, each of which will be affected by the plan approved by the Governor next month.

Planning complete to save prairie-chicken. Amarillo Globe News. The planning is finished and endorsed so now it’s time for landowners to say “yes” or “no” to helping keep a vanishing bird off a list of threatened species. Texas Parks & Wildlife Department will host a meeting Dec. 12 in Pampa to educate landowners about the Lesser Prairie-Chicken Range-wide Conservation Plan and the landowner enrollment process.

To list or not to list. Petroleum News. The clock is ticking for Montana to convince the federal government that the sage grouse is not threatened or endangered in the state. In 2010, the U.S. Fish and Wildlife Service determined the bird warranted federal protection, but was precluded from being listed simply because other species were worse off. Dissatisfied environmental groups sued, and a federal judge ruled the agency must make a decision about the listing by September 2015.

Information meetings scheduled for Texas prairie chicken conservation. Lone Star Outdoor News. Texas Parks & Wildlife Department will host two informational meetings in December for private landowners regarding the Lesser Prairie-Chicken Range-wide Conservation Plan and the landowner enrollment process. The meeting for landowners in the southern plains will be held in Sundown School at 7 p.m. Dec. 11.