Issues
Mussels Species Get New Critical Habitat Designation. This week, the U.S. Fish and Wildlife Service announced a final rule designating 1,920 river miles of critical habitat across 12 states for two mussel species—the rabbitsfoot and the Neosho mucket. The Fish and Wildlife Service first proposed designating over 2,100 river miles for the two mussel species in 2012, a decision that received pushback from numerous stakeholders, most notably in the state of Arkansas where the decision would have impacted 31 counties. Both species were listed under the Endangered Species Act (ESA) in 2013.
The two species occur in waters where many oil and natural gas companies conduct operations, and the critical habitat listing will affect any Section 7 consultations that occur for projects with a federal nexus in the listed region. To view a map of the critical habitat area click HERE.
IPAA’s NLEB Work Ongoing. The Independent Petroleum Association of America (IPAA) continues to inform members of Congress about the implications of listing the Northern long-eared bat under the Endangered Species Act (ESA). Specifically, IPAA is continuing its conversations with legislators to ensure Congress is aware of the impacts this listing will have on oil and natural gas operations. IPAA also continues to push for the inclusion of these activities within the finalized 4(d) rule.
For additional background, IPAA submitted comments to Fish and Wildlife opposing the NLEB listing in January, August, and December 2014. In March 2015, IPAA and the American Petroleum Institute (API) also filed joint comments with the Service requesting that oil and natural gas activities be exempted from the prohibition against incidental take of the bat under a special 4(d) rule. IPAA’s ESA Watch team will continue to explore additional opportunities to engage the Service and Congress on this issue moving forward.
Western Congressmen Back Sage-Grouse State Oversight. Congressional leaders from the west spoke out this week in an effort to block a federal listing of the Greater sage-grouse under the Endangered Species Act (ESA).
On Tuesday, Wyoming Rep. Cynthia Lummis and Sens. Mike Enzi and John Barrasso cosponsored legislation by Colorado Sen. Cory Gardner and Utah Rep. Chris Stewart that would give states six years to manage conservation of the species regardless of a federal listing decision. According to Sen. Barrasso, the legislation proposed by Sen. Gardner, entitled the Sage Grouse Protection and Conservation Act, would prevent unnecessary economic implications from a federal listing. “The last thing states need are more one-size-fits-all regulations from Washington that won’t help species and will devastate local economies,” Barrasso stated. Sen. Enzi agreed, noting that the bill “allows states to take into account the distinct management needs within the states’ own borders.”
The U.S. Fish and Wildlife Service is scheduled to decide whether to list the Greater sage-grouse, which lives in 11 states across the west, by September 30th.
USCA applauds DOI Bi-State Sage Grouse Decision. The United States Cattlemen’s Association (USCA) commended the Department of Interior and U.S. Fish and Wildlife Service for deciding to not list the bi-state sage-grouse under the Endangered Species Act (ESA). The Service proposed listing the species found in California and Nevada as threatened in 2013, but found the listing was unnecessary thanks to local conservation efforts already in place.
“The collaborative, science-based efforts in Nevada and Californian are proof that we can conserve sagebrush habitat across the West while we encourage sustainable economic development,” Interior Secretary Sally Jewell said during a joint press conference with Nevada Gov. Brian Sandoval.
USCA Public Lands Committee Chair Bert Paris also commented after the announcement, stating “It is our hope that this week’s announcement signals a precedent for future potential listings and that the Department will continue to work with land users first when reviewing action of any threatened species.”
Wyo. Representatives Campaign to Transfer Land to States. This week, Wyoming Reps. Chris Stewart and Rob Bishop launched the Federal Land Action Group to create legislation that would enable land under federal control to be transferred to Western states. Wyoming Rep. Cynthia Lummis and Nevada Reps. Mark Amodei and Cresent Hardy are also a part of the group.
“The federal government has been a lousy landlord for Western states, and we simply think that states can do it better,” Rep. Stewart said. House Natural Resources Committee Chairman Rob Bishop agreed, and pointed out that the two Congressmen “have assembled a strong team of lawmakers” to “explore legal and historical background in order to determine the best congressional action needed to return these lands back to the rightful owners.”
Bishop specifically emphasized the consequences of a federal listing of the Greater sage-grouse by the U.S. Fish and Wildlife Service. “Frankly, we are really quite worried,” he said.
In the News
Feds reveal $4 million for projects in 4 states to protect land that’s home to bird, ranching. Associated Press. Interior Secretary Sally Jewell on Wednesday announced more than $4 million in projects in four states as part of a wildfire-fighting strategy to protect a wide swath of intermountain West sagebrush country that supports cattle ranching and is home to a struggling bird species. The U.S. Bureau of Land Management will use the money in Idaho, Utah, Nevada and Oregon to counter wildfire threats, invasive grasses and flammable juniper trees encroaching in native sagebrush habitat. NOTE: E&E News also reports.
Gray wolf ruling may prevent other delisting proposals. E&E News (sub req’d). The shortnose sturgeon — bony, brown, slightly sinister-looking — does not often draw much public attention or controversy. But the fish’s fate recently became tied to another endangered species that elicits far more passion: the gray wolf. When a federal judge overturned the delisting of wolves in the western Great Lakes last year, she also set new parameters for when an agency can delist a so-called distinct population segment, or DPS. The Fish and Wildlife Service is appealing the case. But the ruling could affect current and future efforts to remove groups of animals from Endangered Species Act protections.
The Northern Long-Eared Bat: What A Threatened Listing Means For Wind Energy Projects. North American Wind Power. Despite the lack of evidence that wind farms present a big risk to the northern long-eared bat (NLEB), this listing has some potentially significant impacts for wind developers. One is that the interim 4(d) rule does not include development or operation of wind farms within the WNS buffer area as an exempted activity. What that means is that unless a wind project is clearly outside of the range of the NLEB and/or outside the WNS buffer area, developers will need to consider the NLEB during siting, development and operation of wind projects.
Bostwick: Prairie chicken fight continues. Clovis News Journal. In March 2014 the U.S Fish & Wildlife Service (FWS) listed the lesser prairie chicken as “threatened” under the federal Endangered Species Act (ESA). They made the listing as a result of a court order rather than science. The listing and the future designation of critical habitat has tremendous impact on eastern New Mexico as well as Texas, Oklahoma, Kansas, and Colorado. In an unprecedented move toward private conservation, the game departments from these five states came together and crafted a conservation plan for the bird.
Protecting the Sage Grouse Requires Local Conservation Solutions, Collaboration. Roll Call, Op-Ed. Both the Gunnison and greater sage grouse are renown throughout the West for their elaborate courtship rituals. But these majestic birds are now inspiring a dangerous game of chicken that threatens to undermine the collaborative, locally driven dialogue needed to save the species. Efforts to save the sage grouse have fallen into a well-worn track: Vocal (and litigious) advocates for the birds resort to lawsuits to force the U.S. Fish and Wildlife Service to act under the Endangered Species Act; and equally vocal individuals living and doing business next to the bird’s habitat resist any change, citing their way of life and economic livelihood.
