Issues

USFWS and the NMFS Publish Documents in the Federal Register. Last Friday, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) published three documents in the Federal Register that are now open for public comment through July 11, 2014. These included two proposed rules and one draft policy that are discussed in detail here. These proposed rules and policy change include:

1)     A proposed rule to amend the existing regulations governing section 7 consultation under the Endangered Species Act to revise the definition of “destruction or adverse modification” of critical habitat.

2)     A proposed rule to amend existing regulations governing the designation of critical habitat under section 4 of the Act. This proposed rule would revise 50 CFR part 424.

3)     A draft policy pertaining to exclusions from critical habitat and they consider partnerships and conservation plans, conservation plans permitted under section 10 of the Act, tribal lands, national security and homeland security impacts and military lands, federal lands, and economic impacts in the exclusion process.

IPAA also has a one-pager that explains the circumstances leading up to these proposed items and the possible implications of them.

Study Shows Sage Grouse Do Well On Grazed Areas. Findings from a study conducted by the Montana Fish, Wildlife & Parks found that livestock and Sage Grouse are compatible. The study, which took place in Powder and Carter Counties, found that “nest success was higher for nests in pastures with livestock concurrently present (59 percent) than pastures without livestock (38 percent).” The study also concluded that “no direct negative impacts (e.g., trampling) of livestock on nesting sage-grouse.” Furthermore, the study indicated that the survival of chicks is greater in grazed areas versus non-grazed areas.

These findings are especially pertinent to farmers and ranchers in Montana, North Dakota and South Dakota as states and landowners await a decision on the proposal to list the sage grouse on the Endangered Species Act (ESA).

Ranchers Sign On To Sage Grouse Project. Ranchers in Idaho have partnered with a local conservation group, Pheasants Forever, as well as federal and state agencies in an effort to protect the Sage Grouse. The objective of the partnership is to remove junipers on over thirty thousand acres of federally owned land. Capital Ag reports that eighteen thousand acres have already been cleared and the results thus far have been promising:

“Within a couple of weeks of removal on one site, more than 100 sage grouse were observed in the area on two different occasions,

[Scott] Scroggie (Conservationist) said that led researchers to assume that that many birds weren’t utilizing the treed areas before junipers were removed.”

This effort to connect large swaths of open area across the West is one of many agreements between private landowners, conservation groups and government agencies to keep the Sage Grouse off of the endangered species list.

Backlash in Kansas from the Lesser Prairie Chicken Listing. Kansas Republican Tim Huelskamp says he’s working with fellow elected officials to cut the U.S. Fish and Wildlife Service’s (USFWS) budget, a move made in protest of the recent listing of the Lesser Prairie Chicken as “Threatened” under the Endangered Species Act (ESA). Huelskamp has also stated that the proposed budget cuts are a part of his objection to the Obama Administration’s overregulation. According to the Hutchinson News, Huelskamp is concerned about the possible repercussions the listing will have farming, ranching and energy production: “This could be the death knell of economic growth and opportunity in western Kansas It can’t be overstated.”

Meanwhile, the USFWS is not publically responding publically to legislation passed last week declaring that only the state of Kansas has the authority regulate the Lesser Prairie Chicken within its borders.

In the News

‘Sue and settle’ deals are regulation-by-consent-decree. Washington Examiner. In 2011, the U.S. Fish and Wildlife Service entered into a consent decree with like-minded environmental groups to settle a lawsuit over the endangered species listing status of the lesser prairie chicken and 250 other species.

County commissioners side with ranchers in BLM dispute. Elko Daily Free Press. Lander County Commission voted unanimously Thursday to back ranchers locked in a battle with Bureau of Land Management Battle Mountain District Manager Doug Furtado over his decision to close the Argenta Allotment, where several Lander County ranching families graze their cattle.

Energy Column: America’s Environmental Shakedown. Daily Times (Op-Ed). I left the event with the distinct impression that the current implementation of the Endangered Species Act is a major impediment to the economic growth, tax revenue, and job creation that comes with oil-and-gas development.

U.S. Rep. Scott Tipton visits Steamboat and Craig to discuss issues facing Northwest Colorado. Craig Daily Press. Tipton agreed that predators ought to be considered as part of the whole picture when it comes to listing species. “We’ve introduced predators so now we have endangered species eating endangered species,” he said. Many residents were concerned about water usage and rights.

Prairie chicken law halts oil drilling in Kansas. KWCH 12 News. Cries from wildlife activists have been heard and lesser prairie chickens are now protected by the federal government. “Nobody wants to be the first guy that gets sensationalized for running over a prairie chicken latch,” said Tim Sanders of Tomcat Drilling.

Marita Noon: Endangered Species Act impedes growth. Current Argus News (Op-Ed). Over a three-year period, 2009-2012, Department of Justice data shows American taxpayers footed the bill for nearly $53 million in so-called environmental groups’ legal fees.

Nevada ranchers fight feds for survival in changing times. Las Vegas Review Journal. If a rancher wants to improve the public land, be it a fence or water line for thirsty cows, an environmental assessment and permit are needed. The process can take years as federal officials decide if it will harm the threatened sage-grouse and desert tortoise or whatever other critters might be nearby.

Permitting work proceeding at Pine Grove mine property. Reno Gazette Journal. Work Order #2 at the Pine Grove property is for habitat evaluation and sage grouse and bat surveys. The third work order for JBR is to conduct surveys for threatened, endangered and non-native species.