Issues

API presses FWS for answers on proposed special rule for the lesser prairie chicken. The American Petroleum Institute (API) sent a letter this week to the Fish and Wildlife Service (FWS) regarding the proposed federal listing of the lesser prairie chicken under the Endangered Species Act (ESA). API has submitted questions on the record concerning the relationship between the FWS 4(d) process and the Western Association of Fish & Wildlife Agencies (WAFWA) Range Wide Conservation Plan for the lesser prairie chicken. API notes that the current process “raises significant and substantive and procedural questions that require clarification by FWS.” View the full letter on the ESA Watch website HERE.

Ten senators request delay of the FWS-mandated LPC listing deadline. Representing bipartisan support among ten senators from New Mexico, Texas, Oklahoma, Colorado, and Kansas, Senator Jim Inhofe issued a letter to the Fish and Wildlife Service (FWS) requesting postponement of a decision to list the lesser prairie chicken (LPC) as an endangered species. A previous settlement between the FWS and the WildEarth Guardians had dictated the terms of an initial arrangement, setting a listing deadline of March 30, 2014. However, according to Senator Inhofe, this date is “inconsistent with the timeline allowed under the Endangered Species Act,” which would allow for the decision to be made by June 11, 2014. Seeking the maximum time period for the states to prove their effectiveness in taking measures to preserve the prairie chicken, Senator Inhofe requested that the final listing not be determined until the federally-specified date. In the letter, he discussed the problems with rushing the decision:

“This inconsistency has resulted in less time for state wildlife conservation agencies and stakeholder groups to work with the FWS toward the approval of voluntary conservation efforts, which have great potential for protection of the species.

“…Given the ground-breaking nature of the five-state plan, we are interested in giving participants the maximum amount of time to enroll in these programs and demonstrate their effectiveness.”

Citing the proposed five-state conservation plan, Senator Inhofe pointed out that a 10 week extension would not only encourage further public discussions on the issue, but also enable the five-state conservation plan to take full effect. Read the full letter HERE.

New Mexico says lesser prairie chicken doesn’t need federal protection. This week, Cal Baca, Chief of Wildlife Management at the New Mexico Game and Fish Department, told the New Mexico Legislature’s Water and Natural Resources Committee that granting federal protection to the lesser prairie chicken was unnecessary given the birds stable population size of 6,000 to 8,000 in eastern New Mexico. He emphasized that such a listing would be harmful to businesses and disruptive to private landowners in the habitat region. Last winter, in a memorial without force of law, the New Mexico state House of Representatives voted 38-29 to oppose listing the bird as threatened.

FWS proposes delisting gray wolf.  On June 7th, US Fish and Wildlife Service (FWS) Director Dan Ashe announced that the FWS is plans to delist the gray wolf under the federal Endangered Species Act (ESA), leaving regulation to the states. Ashe told reporters, “{FWS} analysis suggests that the gray wolf no longer faces the threat of extinction or requires the protection of the Endangered Species Act.” The Montana Standard editorial board praised the news, noting the need for state regulation to ensure manageable population levels:

“State management of wolf populations gives the greatest opportunity to walk the middle road between preservation and eradication. It’s a tough line to walk, but one that is more appropriate for states to tread rather than the federal government. State wildlife officials have the best opportunity to know how wolves are impacting specific segments of their wildlife populations and adjust seasons as needed. They also have relationship with livestock producers and should be able to respond more efficiently to concerns with livestock depredation or at least work closely with the U.S. Department of Agriculture Wildlife Services, which is the federal agency tasked with predator control.”

Others, such as the Defenders of Wildlife, were critical of the decision stating “This proposal sets an unfortunate low bar for endangered species recovery in the United States.” There will be a 90-day comment period before a final decision is made.

In the News

The sage grouse’s effect on Nevada. Elko Daily Free Press, Nevada Mining Association. The future of Nevada’s mining industry will be very much shaped by the USFWS’ listing decision in 2015, and our industry, in addition to all others that rely on the use of Nevada’s sagebrush lands, must join together with Governor Sandoval and the Sagebrush Ecosystem Council in a spirit of commitment and cooperation to find meaningful and pragmatic management solutions.

How the Endangered Species Act Changed Everything. Flathead Beacon. In the four decades since Congress passed the Endangered Species Act, widely regarded as the crown jewel of the nation’s environmental laws, the watershed legislation has led to the recovery of a suite of species that once hung on the brink of extinction.

 

Wolf delisting is the right next move. Montana Standard, Editorial. As a wildlife management issue, wolf reintroduction has been one of the most controversial in Montana’s history. With the recent proposal by the U.S. Fish and Wildlife Service to remove federal protection in the lower 48 for gray wolves, that controversy is flaring up again.

ESA Megasuit plaintiffs file amended complaint. Western Farm Press. Following dismissal of the Endangered Species Act (ESA) Megasuit by the Northern California District Court, plaintiffs have filed an amended complaint in hopes of curing the defects identified by the court in its April order.

US Fish And Wildlife Propose To Delist Gray Wolf. Northwest Public Radio. The U.S. Fish and Wildlife Service announced Friday it plans to stop protecting the gray wolf and put the states in charge of managing these predators. But the plan is already facing some tough opposition from wolf advocate groups that say it’s too early for this discussion. EarthFix reporter Aaron Kunz explains.

Alabama Shad One Step Closer to Endangered Species Act Protection. Center for Biological Diversity, Press Release. In response to a petition and lawsuit by the Center for Biological Diversity, the Alabama shad, a silvery, schooling fish that once thrived in the Southeast but has been reduced to a fraction of its former numbers, will be considered for Endangered Species Act protection. The shad was once abundant but is now rarely found in most of its former range because of dams, pollution and habitat destruction.

Endangered frog could impact Nevada County. Union of Grass Valley. The potential listing of the Sierra Nevada mountain yellow-legged frog as endangered under the federal Endangered Species Act prompted local officials to demand answers regarding potential impacts.

Don’t Forsake the Gray Wolf. New York Times, Op-Ed. IT has been celebrated as one of the great victories of the Endangered Species Act of 1973. After several decades of federal protection, gray wolves — once nearly wiped out in the continental United States — have reached a population of roughly 6,100 across three Great Lakes states and seven Western states.

Pending sage-grouse listing could impact Valley terrain. Valley Courier. The impending Gunnison sage-grouse endangered species listing is bringing attention to the small bird that hasn’t been seen displaying its feathers on a Poncha Pass lek – breeding ground – for some time. Should the Department of Fish and Wildlife Service (FWS) rule later this year to designate approximately 1.7 million acres of critical habitat for Gunnison sage-grouse under the Endangered Species Act, as proposed on January 11, 2013, federal, state and private land managers will have to prioritize the bird and the lands it calls or could call home.