Issues
IPAA voices concerns on proposed critical habitat changes. The Fish and Wildlife Service is currently considering a new regulation that would alter how critical habitat is designated. If the proposed rule is adopted, the Service would have expanded authority to designate critical habitat on new lands that have never been occupied by a threatened or endangered species and are not presently (and may never be) necessary to their survival. IPAA senior vice president of government relations and political affairs recently discussed the proposed rule change in the Casper Star Tribune in an effort to increase awareness around the proposal and its impacts. From the piece:
“The FWS’ re-interpretation of critical habitat and proposed expansion of authority is not supported by the ESA and is at odds with the intent of Congress that critical habitat be limited in scope and focus on the immediate survival needs of species. Species conservation and environmental protection is critical to all stakeholders, including the people who work and live in Wyoming. But this protection must include a reasonable regulatory structure that is based in current law and allows responsible economic activity to continue.
“We support the designation of critical habitat when it is done in a manner that is consistent with the ESA and balances conservation and economic development. However, these proposals grant unprecedented new authority to the FWS and could significantly expand both the size of future critical habitat designations and the magnitude of their impact on job creators and private landowners. This is the wrong choice for our economy and our environment.”
In addition to the opinion article in the Casper Star Tribune, IPAA has put together a one-page fact sheet to provide additional clarity around these proposed rules and to highlight the impact of the changes if they move forward. Check out the website page and the printable one-pager on the ESA Watch website.
Western Governors discuss sage-grouse decision at recent meeting. On Friday, the Western Governors Association met in Las Vegas to discuss a wide array of topics facing the region, including the land use plans for the greater sage-grouse proposed by the Obama administration this fall. According to the Associated Press, Interior Secretary Sally Jewell acknowledged the extent of these rules but noted “it’s way better than a listing. It provides certainty to developers, states, and the conservation community as well.”
Nevada Gov. Sandoval also met with Secretary Jewell at the meeting to discuss concerns surrounding the land use plans, including litigation put forward by the state’s Attorney General Adam Laxalt and nine counties in the state. Gov. Sandoval, who opposed the litigation in favor of continued discussion and negotiation with Interior, told the Las Vegas Review Journal that there had been “significant” developments made with the Government related to conservation of the greater sage-grouse. The Journal reports the government agreed that “all valid existing rights will be exempt from mineral withdrawal and other restrictions” designated for sagebrush focal areas. The article states the Governor and Interior Secretary also agreed the lawsuit would not “get in the way” of negotiations.
Omnibus negotiations include potential language on ESA. As lawmakers continue negotiations surrounding an omnibus spending bill in advance of the December 11 deadline, Rep. Mark Amodei (R-Nev.) is pushing to include language surrounding the greater sage-grouse into the final bill. Speaking in E&E News, Rep. Amodei stated “I’ve been focusing basically all of my efforts to try to get that put back in, because it didn’t stay in the NDAA.”
That amendment from June 2015, according to E&E News, would have imposed “a one-year ban on the Bureau of Land Management’s recommending mineral withdrawals under the 1872 mining law for the purpose of conserving sage grouse” while removing “funding for BLM to finalize or implement dozens of land-use plans across the West designed to beef up protections for sage grouse ahead of the September listing decision.”
Last year, a one-year ban on new ESA protections for the sage-grouse made it into final omnibus language, including limiting the Fish and Wildlife Service from issuing a 4(d) for the gunnison sage-grouse. The bill also limited the Secretary of the Interior from spending any funds to write or issue proposed listing rules under the ESA for the greater sage-grouse.
In the News
County to work with BLM on sage grouse. Elko Daily Free Press. Despite misgivings, the County voted Wednesday to sign up as a cooperating agency on the Bureau of Land Management’s proposed 20-year withdrawal of lands from new mining claims in sage grouse focal areas. On Sept. 22, U.S. Forest Service and the BLM filed their Approved Resource Management Plan Amendments for the Great Basin Region concerning the bird’s habitat. Part of the plan included the withdrawal of 10 million acres of land from future mining claims, prohibition of oil and gas drilling near the bird’s breeding grounds, and imposing new reviews on livestock grazing permits. Commissioner Demar Dahl said 70 percent of Elko County includes priority or general habitat and 20 percent of the county includes sage grouse focal areas. Dahl told the rest of the board that it “definitely needed to sign up as a cooperating agency.” “It’s going to be difficult to have our opinions heard, but there’s something I think we really need to do,” he said.
Research looks into connection between cattle grazing and sage grouse. Boise State Public Radio. “
Plans for mining ban to protect sage grouse get more review. The Spectrum. The public will have more time to chime in on proposed plans to halt mining activities on some 10 million acres of public lands designated as habitat for the greater sage grouse. The U.S. Bureau of Land Management is seeking comment ahead of the publication of an Environmental Impact Statement that could affect six western states, with managers also planning public meetings in Utah, Idaho, Montana, Nevada, Oregon and Wyoming. Federal authorities say they want to analyze what would happen if they withdraw the lands from potential mineral extraction, including what impacts it might have on the economy, wilderness characteristics, recreation and American Indian resources.
Navy seeking to extend use of training ranges in California, Hawaii. USNI News. The Navy is attempting to get federal approval to keep using sonar and explosives, along with conducting other fleet training and operations, in two key training regions off Hawaii and Southern California. But several environmental conservation groups, including the Natural Resources Defense Council, last year sued the Navy and NMFS. In papers filed in federal court in Honolulu, they argued the Navy’s activity harmed many more marine mammals and they challenged the legality of the 2013 EIS and subsequent record-of-decision. The court largely agreed. In a March 31 ruling, Chief District Judge Susan Oki Mollway called “troubling” and “stunning” the number of endangered or threatened marine mammals that would be harmed by training or operations.
Endangered Species Act needs to do what it’s intended to do. Powell Tribune (Editorial). The Endangered Species Act has had a 1.3 percent success rate since it started in 1973. During those 42 years, 59 species were delisted — 10 due to extinction, 19 due to errors in being listed in the first place, and only 30 were delisted because the species was recovered. “We need better than a 1 percent success rate,” Gov. Matt Mead said during the recent Western Governors’ Association forum on the ESA. “I chose this initiative because it is critical to the West to get this right; it is critical to our wildlife, our energy sector, recreation, tourism and government — all the things we cherish in the West.” We agree completely, this abhorrent low success rate is unacceptable.
Sage grouse research leads to more questions. Magic Valley. Some of the early results from a long-term study on the impacts of grazing on sage grouse habitat seem pretty straightforward, others raise more questions. Take grass height, for example. Karen Launchbaugh was quick to joke with cattle producers that grazing affects grass height. “Obviously,” she said with a laugh. But what’s not understood is how grass height impacts sage grouse or when grass should be grazed. Two years into a planned 10-year study, University of Idaho researchers have found that sage grouse nests are more successful when there is tall grass within one meter (about a yard). But a question that both researchers and ranchers are asking is whether that tall grass is last year’s growth or this year’s growth.
Can prairie chickens share the prairie with wind turbines? Journal Star (Op-Ed). Wind turbines are known to pose a risk for flying bats and migrating birds, but prairie chickens do not fly high enough to collide with the rotating blades. However, biologists in the western United States have found that sage grouse responded negatively to wind turbines and the associated transmission line structures. Do the towering structures threaten prairie chickens? Might prairie chickens avoid nesting near the turbines? Our initial results suggest that the birds are able to cope with the Ainsworth wind turbines. New energy sources are important, but prairie chickens are important, too. We must continue to investigate the potential effects of human disturbances on prairie chickens and the other wildlife who share Nebraska with us. By working together, we can find ways to make sure there is enough room on the prairie for all of us.
