Issues

Dunes Sagebrush Lizard Intervention Granted. This week, two motions to intervene in the proposed listing of the Dunes Sagebrush Lizard under the Endangered Species Act (ESA) were granted. The motions were brought by the Comptroller of Public Accounts of the State of Texas, Susan Combs, and collectively by the American Petroleum Institute, the Independent Petroleum Association of America, the New Mexico Oil and Gas Association, the Permian Basin Petroleum Association, and the Texas Oil & Gas Association.

According to the Summary Opinion and Order: “The applicants have moved to intervene in this matter as of right, or alternatively, for permissive intervention. Their motions have not been opposed. For the reasons that follow, the Court will grant both applicants’ motions to intervene.”

FWS Endorses WAFWA’s LPC Range-Wide Conservation Plan. This week, the U.S. Fish and Wildlife Service (FWS) endorsed the Western Association of Fish and Wildlife Agencies’ (WAFWA) Lesser Prairie-Chicken Range-Wide Conservation Plan. The plan is a collaborative effort between Texas, New Mexico, Oklahoma, Kansas and Colorado to conserve the bird while avoiding a federal listing under the Endangered Species Act (ESA).

FWS Service Director Dan Ashe expressed his support for the plan in a news release this week:

“The unprecedented collaborative efforts of WAFWA and the five state wildlife agencies have produced a sound conservation plan for the lesser prairie-chicken. We applaud the states’ commitment to lead conservation actions across the bird’s range.”

Carter Smith, WAFWA president and Texas Parks and Wildlife Department executive director, also stated his excitement:

“Years of due diligence have gone into this plan, guided by scientific research and monitoring, and developed with input from landowners, agriculture, wind and oil and gas interests and other stakeholders. We can now work at the local level to implement the plan, facilitate more conservation for the bird while allowing sustainable land use and responsible economic development, and hopefully preclude the need to list this species.”

Senator Jim Inhofe from Oklahoma, also supported the announcement in The Oklahoman stating the plan was “a good next step” to preclude a federal listing of the species.  Representative Tim Huelskamp (KS-1) also expressed his support, yet noted the need for continued monitoring of the potential listing.

“A listing threatens jobs, families, and the very way of life enjoyed by millions living in rural America. I encourage the administration to allow the range-wide conservation plan to do its work, to not list the bird, and allow the voluntary efforts of private individuals, state and local agencies to do their work in protecting the Lesser Prairie Chicken.”

Upcoming Comments on Surrogate and Programmatic ITS NOPR. The National Endangered Species Act Reform Coalition (NESARC) will be filing comments on the proposed rulemaking on the treatment of surrogates and programmatic actions in incidental take statements that are due on November 4, 2013. IPAA is also considering whether to file their own comments. If you would like to provide input on this proposed rulemaking please contact Kristen Lingley at Klingley@ipaa.org.

USDA Submits Comments on Proposed Lesser Prairie Chicken Listing. The United States Department of Agriculture (USDA) has submitted comments in regard to their concern over the proposed listing of the Lesser prairie chicken under the Endangered Species Act. According to their comments:

“Within USDA, three agencies, the Farm Service Agency (FSA), the Natural Resources Conservation Service (NRCS), and the Forest Service (FS) have programs or activities that would be impacted by the potential listing of the LEPC.  USDA also notes that these programs or activities can be used to protect, enhance, or restore LEPC habitat, thus minimizing or eliminating the need for the listing. “

Read their full comments on how a federal listing of the LPC could impact wildlife and plants in the habitat region online at Regulations.gov.

In the News

Can the Sage Grouse and The Energy Boom Co-Exist? Montana Energy Review. The Greater Sage Grouse, a chicken-sized bird that is still hunted as game in many parts of the West, including Montana, is under consideration by the federal Fish and Wildlife Service (FWS) for possible listing under the Endangered Species Act (ESA). Potentially impacting 11 Western states, the designation could seal off large portions of the state from agricultural uses or energy development, including the development of renewable energy projects.

County preparing comments on sage grouse. Reno Gazette Journal. The Bi-State Sage Grouse population has been determined to be a distinct population from other sage grouse and they are found in areas of southern Lyon County. Arellano said besides the county submitting comments, it is important that residents submit comments about the listing.

U.S. Fish and Wildlife Service Announces Western Yellow-Billed Cuckoo Proposed for Federal Protections. Sierra Sun Times (Press Release). On October 3, 2013, the U.S. Fish and Wildlife Service (Service) proposed to list the western distinct population segment (DPS) of the yellow-billed cuckoo as a threatened species under the Endangered Species Act (ESA) in the western United States, Canada, and Mexico. In the U.S., the western yellow-billed cuckoo is known to occur in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, Wyoming, Montana, Oregon, and Washington.

Sage grouse offer positive boost to economy. Craig Daily Press (Column – Sasha Nelson). Sadly, greater sage grouse are on a path to extinction. The population has declined by as much as 99 percent from historical levels. In 2010, they became candidates for protection as an endangered species. Sage grouse are suffering because natural systems are out of balance.

Three Rare Caribbean Plants Proposed for Endangered Species Act Protection. eNews Park Forest (Press Release). Following lawsuits brought by the Center for Biological Diversity, the U.S. Fish and Wildlife Service proposed Endangered Species Act protection today for three rare plants from the U.S. Virgin Islands and Puerto Rico. Egger’s agave, island brittleleaf and Puerto Rico manjack are imminently threatened by land development and have been on a waiting list for federal protection since 1980.

Bill would change rules protecting endangered species. Williamsport Gazette. The process of how Pennsylvania determines which wildlife species are endangered is the subject of the Endangered Species Coordination Act – House Bill 1576. The bill was proposed by Rep. Jeff Pyle, R-Kittanning. It proposes a new review process for listing and delisting endangered species, along with a new database of where developers might have to watch out for species when they’re building.