Issues
IPAA and API submit comments on proposed revisions to ESA petition process. Today, the Independent Petroleum Association of America (IPAA) and the American Petroleum Institute (API) filed comments on the proposed revisions to the regulations for petitions under the Endangered Species Act (ESA). Back in May 2015, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (NMFS) proposed a series of amendments to the regulations that govern the content and consideration of petitions filed with the Services pursuant to the ESA with the expressed intent to “improve the specificity of petitions and to enhance the efficiency and effectiveness of the petition process to support species conservation.”
Today’s comments from IPAA and API outline the association’s suggests for the Services to achieve this goal, including requiring that petitions be limited to a single species; requiring consultation with states prior to the submission of petitions; ensuring that petitions identify, clearly label and append all reasonably available information relevant to the petitioned action and species, including information that may support a finding that the petitioned action is not warranted; providing clear direction as to the information necessary for submission of a complete petition; and clarifying that a petitioner’s submission of supplemental information after filing of a petition will re-start the statutory timeframe for review. IPAA and API’s full comments can be found HERE.
Head of the Interior discusses greater sage-grouse conservation efforts. While the deadline to decide whether to list the greater sage-grouse grows near, Interior Secretary Sally Jewell this week expressed her support of current “epic” coordination efforts by government, industry, and conservations to protect the grouse. Jewell stated the efforts between stakeholders “has been incredible” and is an example of how the Endangered Species Act (ESA) should work. According to her comments featured in the Washington Examiner:
“What has happened in this collaborative work is really the way I think the Endangered Species Act should work, which is people recognizing that it’s about habitat and if we work together and collaborate, we can find common ground that will protect these landscapes for the things that the residents of the landscape, the businesses of the landscape, the hunters and the fishermen enjoy as well has having thoughtful development, whether it’s energy, human expansion, roads, transmission lines, mines, all of the above.”
In regard to whether or not she suspects a federal listing will move forward, Jewell stated “I have remained optimistic that a not warranted is possible” and “I remain optimistic.” She also called on Congress to support efforts to continue restoration on sage grouse habitats on federal lands.
90-day finding announced for bumble bee. This week, the U.S. Fish and Wildlife Service issued a 90-day finding on the rusty-patched bumble bee and twenty two other species, including the northern bog lemming, wood turtle, and a butterfly called regal fritillary. The finding follows a January 2013 petition, filed by the Xerces Society and partners, to list the bee as endangered under the Endangered Species Act (ESA).
In February 2014, Xerces issued a notice of their intent to sue the Service for failure to issue a petition finding. The group then filed a complaint against the Service in May 2014 for its failure to issue a “timely 90-day finding.” This month, the Service and Xerces reached a settlement to deliver that finding by the end of the month.
The species has an extensive range, covering 25 states including Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, North Carolina, South Carolina, Tennessee, Ohio, Kentucky, Indiana, Illinois, Iowa, Michigan, Wisconsin, Minnesota, North Dakota, and South Dakota. The notice indicates that the Service based its affirmative finding on three factors, including impacts to habitat/range, disease and predation, and other natural or manmade factors.
The Service is now beginning status reviews for the bee and 22 other species, and will be collecting information through November 17, 2015. Based on reviews, the Service will then issue 12-month findings on the petitions.
Report alleging federal land use plans for sage-grouse won’t impact energy development gets pushback. A new report from the Western Values Project claiming proposed federal plans for sage grouse conservation plans won’t interfere with energy development received significant pushback from industry leaders this week.
The Western Values report used information from the federal land use plans on the boundaries of priority habitat management areas for the grouse and compared it with U.S. Energy Information Administration information shale plays in the West. The report claims that, based on this comparison, there is a “13% overlap between the designated sage-grouse habitat and existing and potential energy development.”
Western Energy Alliance responded to the study in E&E News, highlighting flaws in the report’s methodology for “completely ignoring natural gas formations and several other oil formations.” The group also listed eight “basins and formations in major sage grouse areas” not listed in the report, including areas like the Pinedale Anticline in Wyoming. The report also fails to highlight impacts to general sage grouse habitat that overlies areas with energy development.
In the News
Ranchers, conservationists combine to help sage grouse without listing. Salt Lake Tribune (Op-Ed). It turns out that targeted, proactive investments in conservation on private agricultural lands aren’t just good for wildlife. The same practices that promote habitat creation lead to healthier, more productive working forests, farms and ranches. They improve the quality of water and the resilience of working lands stressed by drought. These practices promote the healthy ecosystems needed for agricultural production to thrive, boosting America’s rural economies. That’s why landowners are leading the way, and why these kinds of public-private partnerships are the very definition of “win-win” for birds, wildlife, people and the habitats they share.
New England Cottontail Hops Off Endangered List. Discovery News. The inspiration for the children’s book character Peter Cottontail has long been rare in its home range, from New York to Maine. Efforts from private and public organizations have brought it back from the brink. The New England Cottontail is the native rabbit in these parts, and its population dipped so low that in 2006 it was placed on the Endangered Species list.
Colorado touts idea for grouse. Grand Junction Sentinel. Colorado officials are dangling a new approach before federal officials to help the greater sage-grouse, in hopes of keeping the bird from being listed as threatened or endangered. Under the Colorado Habitat Exchange program announced Thursday by Gov. John Hickenlooper, landowners can earn conservation credits for grouse-friendly improvements to their lands. Those credits could be purchased by industry, such as oil and natural gas companies, pipeline firms, or road constructors, to compensate for development. Note: Denver Business Journal and Associated Press also report.
Wyoming biologists monitor bats for white-nose syndrome. Tri-City Herald. Researchers expect the disease to arrive in Wyoming in roughly eight to 15 years. While early speculation said the fungus may not be able to survive in the Cowboy State’s cold, dry caves, recent research shows Wyoming’s bats might not be so lucky. The northern long-eared bat, which lives in northeast Wyoming, has already been listed as threatened on the endangered species list because of the impact by white-nose syndrome.
County and FWS win prairie dog lawsuit. Crested Butte News. The United States District Court ruled in favor of Gunnison County and the U.S. Fish and Wildlife Service in their case against plaintiff WildEarth Guardians on Tuesday, September 8. Defendants in the case were also the American Petroleum Institute and Western Energy Alliance. The court denied WildEarth’s petition to list the Gunnison prairie dog as either an endangered or a threatened species under the Endangered Species Act (ESA), concluding that prairie dog populations are stable and a listing is unnecessary.
Fed scientists question grouse strategy. Wyofile. Natural and human factors make it unlikely a proposed federal network of greater sage grouse conservation habitat will stay intact, the government’s own scientists say. Scientists also question whether the priority-area conservation plans — known in Wyoming as the core-area strategy — will save small, scattered populations.
Worsening Wildfires Could Halve Sage-Grouse Populations. Newsweek. If worsening fires can’t be subdued, they are likely to reduce the population of these birds by half over the next 30 years, according to a study by researchers from the U.S. Geological Survey (USGS). The fire threat goes hand in hand with the decline of sagebrush habitat generally, which is “recognized as one of the most imperiled ecosystems in America,” according to the U.S. Fish and Wildlife Service (FWS). Note: Associated Press and Apex Tribune also report.
