IPAA ESA Newsletter 3/1/13

Rep. Conaway joined eight of his House colleagues earlier this month in asking Director Ashe for at least a 60-day extension of the comment period and at least a 90-day extension of the final listing deadline for the proposed rule to add the lesser prairie chicken to the Endangered Species Act’s “threatened” list. Read the full text of the letter and the congressman’s full response HERE.

Sen. Cornyn stands up against abuse of the ESA. This week, Senator John Cornyn (R-TX) introduced the Endangered Species Act (ESA) Settlement Reform Act. It’s mission? Provide local parties a say in the settlement of ESA litigation between special interest groups and the Fish and Wildlife Service. According to the Sen. Cornyn, “ESA litigation abuse has shut out those folks most affected by the kind of closed-door settlements we’ve seen.  My bill opens up the process to give job creators and local officials a say.”

The bill is co-sponsored by Sens. Tom Coburn (R-OK), Pat Roberts (R-KS), Mike Lee (R-UT), Michael Enzi (R-WY), John Boozman (R-AR), Jeff Flake (R-AZ), Lisa Murkowski (R-AK), David Vitter (R-LA), James Inhofe (R-OK), John Barrasso (R-WY), and Roger Wicker (R-MS).

Gunnison sage grouse endangering property rights in Utah. This week, the Salt Lake Tribune  delved into the history of tension between Utah’s rural communities and federal wildlife management.  The story highlighted Lynn Adams, an 88-year-old fourth-generation cattleman in San Juan County, who had an offer of nearly $1 million for an option on the mineral wealth under his family’s land withdrawn after his land was identified as critical habitat for the grouse.  Rep. Mike Noel (R-Kanab) spoke out against the injustice, stating  “this is an absolute takings, no question” in a House committee meeting last week. Rep. Noel has also advanced HCR7, asking the federal government to not designate and private land in San Juan County as sage grouse habitat. In addition, Noel’s HB112 would require county assessors to take into account the presence of federally protected plants and animals when evaluating a land’s taxable value, noting that property owners should be entitled to some relief when endangered or threatened animals appears on their land.

In the News

FWS to allow more public comment before possible prairie chicken listing. E&E News (sub req’d). Many fear the ESA listing could interfere with ranching and farming operations, as well as slow the development of oil and natural gas, wind farms and transmission lines in the five energy-rich states.”Considering the sweeping impact that listing the prairie chicken would have on agricultural and energy-producing areas in five states, it only makes sense that the U.S. Fish & Wildlife Service would allow affected communities more time for public input before final decisions are made,” House Natural Resources Chairman Doc Hastings (R-Wash.) said in a statement.

Vitter asks FWS for records involving 2011 settlement. E&E News (sub req’d). “Having such communications would provide us with invaluable insight into the manner in which this settlement agreement was reached,” Vitter said in the letter, which was also signed by Republican Sens. John Boozman of Arkansas, James Inhofe of Oklahoma and Jeff Sessions of Alabama. “In addition, we note that the landowners whose private property would be impacted by these ESA listings were not privy to any of the settlement negotiations.”

Cornyn bill would block ‘closed door’ settlements. E&E News (sub req’d). “ESA litigation abuse has shut out those folks most affected by the kind of closed-door settlements we’ve seen,” Cornyn said in a statement. “My bill opens up the process to give job creators and local officials a say.” Cornyn said large settlements such as the one reached in 2011 between the Interior Department and the Center for Biological Diversity and WildEarth Guardians bring “unwarranted regulation” and give environmentalists “undue leverage” over local stakeholders.

COMBS: Preserving endangered species the Texas way. Washington Times. This surge is a result of “megapetitions,” requests by activists for reviews of hundreds of species at a time. The Fish and Wildlife Service can’t handle these requests within the statutory deadlines. In fact, clogging the process seems to be the intent of the activists. Delays lead to lawsuits — and settlements on the plaintiffs’ terms.

Endangered Species Act more harm than good. Washington Times, LTE. There is nothing wrong with the intent of the ESA, but those of Ms. Jones‘ ilk and such organizations that use the ESA as a weapon against private landowners do far more harm than good in their quest to protect endangered species.

Panhandle Meeting On Multi-State Lesser Prairie Chicken Plan Reset. Texas Hunt Fish. The meeting purpose is to discuss the draft range wide conservation plan for the lesser prairie chicken. The plan represents a multi-state effort to conserve the bird and its habitat, and to address its proposed listing as a threatened species under the Endangered Species Act.  The U.S. Fish and Wildlife Service is expected to publish a final rule on the status of the chicken in September.

Much to grouse about. Cortez Journal. U.S. Rep Scott Tipton, R-Cortez, prefers that state-level grouse recovery measures be allowed to continue. He also said “it is critical for the (FWS) to conduct a thorough economic impact analysis as required under the Endangered Species Act and not just check the box with respect to this obligation.”

Tim Hudak warns endangered species regulations hurting business. Toronto Star. “We also need to address the Endangered Species Act. In 2003, there were exactly 19 species listed — today, well over 121,” the Conservative leader said. “We’ve all heard the stories about the outdated rules of preventing farmers from harvesting their hay when a bobolink (bird) happens by; the gray ratsnake stopping industrial or business development in eastern Ontario; the wood turtle that is grinding forestry to a halt in the north,” he said.