Issues

Condor ‘take’ draws fire from all sides. This week, the U.S. Fish and Wildlife Service (FWS) approved a proposed wind farm in Kern County, California, to “take” — meaning injure or kill — one condor over the project’s 30-year lifetime. According to the American Wind Energy Association, wind turbines have never killed a condor yet the decision drew strong pushback from wildlife advocates and critics of the Obama administration’s policies towards the oil and natural gas industry. The California condor was placed on the federal endangered species list in 1967.

In related news, House Natural Resources Committee Chairman Doc Hastings is requesting information on how many referrals the Justice Department has received under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act for bird deaths at wind and conventional energy facilities. The committee is interested in understanding how the current administration is handling bird deaths caused by wind power versus those tied to oil and natural gas. David Blackmon, former long-time Vice Chair of IPAA’s Land and Royalty Committee and a Managing Director with FTI Consulting, discussed the issue in Forbes this week. As he notes:

“At its base, what this all exposes is not some sort of competition between wind and fossil fuels to see who can get fined the most, but the utter hypocrisy about how the animal protection laws are enforced.  The base question is this:  Do these birds listed under the ESA or MBTA deserve and need the protections supposedly afforded them under those laws, which add so much cost to everyone’s daily lives, or not?”

IPAA’s ESA Watch Team will be following the proceedings closely in the upcoming months.

Idaho declares primacy over threatened and endangered species. A bill passed by Idaho lawmakers declares the state’s primacy over the federal government when it comes to endangered or threatened species. According to the bill, it is now a violation of state policy to introduce federally listed species into Idaho without state approval. The bill passed the Idaho Legislature by a combined vote of 88-14 and becomes effective July 1. Read the full bill HERE.

Chairman Hastings urges Obama administration to halt ESA listing. On Wednesday, Congressman Doc Hastings (WA-04) sent a letter to Dan Ashe, Director of the U.S. Fish and Wildlife Service (FWS), regarding his concern over the listing of the White Bluffs Bladderpod under the Endangered Species Act (ESA). The Congressman urges Director Ashe to immediately halt efforts to enforce this designation, provide the public at least 60 days’ extension for meaningful comment, and to allow a public hearing for impacted farmers and landowners to express their concerns. He also expressed his unease over ESA proceedings and sue-and-settle cases:

“As you know, I have been highly critical of the Department of Interior’s negotiation of settlements behind closed doors with litigious groups that frequently petition and file Endangered Species Act-related lawsuits against the federal government, because they defy transparency and accountability, and raise questions regarding the Service’s ESA management priorities. These settlements also ignore input from states and local entities that are most affected by the potential ESA listing or critical habitat designation. Without a reasonable extension, it would confirm my criticism has been justified.”

Read Chairman Hastings full letter to FWS Director Ashe HERE.

In the News

U.S. Fish and Wildlife Service proposes limited exception to endangered species act protections for lesser prairie-chicken. Lexology. On May 6, 2013, the U.S. Fish and Wildlife Service (Service) proposed a limited exception to the Endangered Species Act (ESA) protections currently being considered for the lesser prairie-chicken (Tympanuchus pallidicinctus). The special rule is proposed pursuant to section 4(d) of the ESA, and would allow take of lesser prairie-chickens as long as such take is incidental to activities performed under a conservation plan that the Service has determined will provide a net benefit to the species.

Environmental Activists Are Annoyed With The Obama Administration For Ignoring The Massacre Of Thousands Of Birds. Business Insider. According to estimates from the Wildlife Society Bulletin, wind farms kill 83,000 hunting birds — like hawks, falcons, and eagles — per year. Golden eagles are no longer on the endangered species list, but the U.S. Fish and Wildlife Service estimated in 2011 that only about 30,000 remained in the United States

Environmental groups sue federal government, claim mining permits threaten endangered species. Associated Press. A coalition of environmental groups is suing the federal government, claiming officials violated the Endangered Species Act when they granted mining permits at two East Tennessee mines.

Conservationists sue feds over Big Cypress trails. WWSB ABC 7. The Center for Biological Diversity, the Sierra Club and other groups filed a lawsuit against the park service Wednesday in Fort Myers federal court. They say nearly 150 miles of trails across two sections of the preserve violate the Endangered Species Act and the preserve’s own management plan for off-road vehicles, putting wetlands habitat and species such as the Florida panther at risk. NOTE: Center for Biological Diversity press release HERE.

Saving Utah’s sage grouse. Salt Lake Tribune, Op-Ed. The U.S. Fish and Wildlife Service will consider whether to list the greater sage grouse under the Endangered Species Act by 2015. The timing is good news for grouse, but also for Western states, which now have two years to demonstrate to the agency that they are capable of addressing threats to the species and ensuring its conservation prior to a final ESA listing decision.

Sage grouse issue result of environmental extremism. Richfield Reaper. Utah Gov. Gary Herbert has helped lead an effort to preserve sage grouse populations throughout the state. His plan is built on the concept of balancing the sensitivities of the sage grouse species with the needs of the human species. The plan, once in place, would provide great benefit to sage grouse populations for decades to come.

Texas Parks and Wildlife Looking for Farmers and Ranchers to Help Protect Lesser Prairie Chicken. Fox 14. Federal authorities have proposed putting the prairie chicken on the endangered species list. The biggest threat to the birds is habitat destruction since they typically live in low, natural grassland habitats.

Endangered Species Act is vital to life. Pittsburgh Post Gazette. This is the 40th anniversary of the Endangered Species Act, which was passed with bipartisan support, believe it or not! Friday, May 17, is Endangered Species Day. We are in the midst of the greatest mass extinction in 65 million years, since the death of the dinosaurs. More than 200 species go extinct every day, and extinction is forever.

Commenting opens for prairie chicken range-wide plan. Pampa News. The U.S. Fish and Wildlife Service (USFWS) has opened a public commenting period on a range-wide plan to manage the lesser prairie chicken population that was proposed by officials from Texas and other states where the bird lives. The commenting period ends June 20.

Conservation easement seen as key sage grouse habitat step. Reno Gazette Journal. With the Bi-State Distinct Population Segment (DPS) of the Greater Sage Grouse facing a deadline for a decision on listing as an Endangered species, the focus of ranchers, federal land managers, state officials, and others is on taking steps to prevent that from happening.

U.S. Fish and Wildlife Service Proposes Endangered Species Act protections for Sierra Nevada amphibians. Lexology. On April 25, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule (pdf) to list the Sierra Nevada yellow-legged frog (Rana sierrae) as endangered, the northern distinct population segment (DPS) of the mountain yellow-legged frog (Rana muscosa) as endangered, and the Yosemite toad (Anaxyrus canorus) as threatened under the Endangered Species Act (ESA).

Loggerhead Turtle Deal to Bring Critical Habitat. Courthouse News Service. The U.S. government can settle claims that it failed to set a critical habitat for the loggerhead sea turtle, which it has listed as a threatened species for 34 years. Under the settlement, the government must establish terrestrial and marine critical habitat for the Northwest Atlantic and North Pacific loggerhead sea turtle populations by July 1, 2014.