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Endangered Species Law and Policy

Category Archives: Delisting

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U.S. Fish and Wildlife Service Delists Three Fox Species and Reclassifies One Other

Posted in Delisting, Fish & Wildlife Service

The U.S. Fish and Wildlife Service (Service) published a final rule (pdf) removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA).  The Service also reclassified… Continue Reading

USFWS Publishes Final Methodology for Prioritizing Listing Petition Status Reviews

Posted in Delisting, Fish & Wildlife Service, Listing

On July 27, 2016, the U.S. Fish and Wildlife Service (“USFWS”) published a Federal Register notice of its final Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Species under the Endangered Species Act (“Methodology”).  The final Methodology clarifies several of the terms and processes identified in the draft Methodology. The… Continue Reading

Changing the ESA Listing Petition Process? Not as Much as You Might Think.

Posted in Delisting, Fish & Wildlife Service, Listing, National Marine Fisheries Service, Regulatory Reform

On April 21, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, “Service”) announced revisions to their proposed modifications  to  the Endangered Species Act (“ESA”) petition process. 81 Fed. Reg. 23,448 (Apr. 21, 2016) (pdf).  In May 2015, the Service announced proposed changes to the petition process for listing a species… Continue Reading

Congressional Hearings to be Held on New Critical Habitat Rules and Delisting under the Endangered Species Act

Posted in Congress, Critical Habitat, Delisting, Fish & Wildlife Service, National Marine Fisheries Service, Regulatory Reform

This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA).  On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled Recent Changes to Endangered Species Critical Habitat Designation and Implementation.  On April 20 and 21, the House Oversight and Government Reform… Continue Reading

Senate Sportsmen’s Bill Would Delist Gray Wolves in Wyoming and Great Lakes Region

Posted in Congress, Delisting, Fish & Wildlife Service, Legislation

On January 20, 2015, the Senate Committee on Environment and Public Works approved S. 659, the Bipartisan Sportsmen’s Act of 2015, which complements the bill reported by the Senate Energy and Natural Resources Committee late last year.  However, the Environment and Public Works Committee’s approval adds a number of controversial amendments to the Act’s overarching… Continue Reading

U.S. Fish and Wildlife Service to Delist Texas Shrub

Posted in Delisting, Uncategorized

The U.S. Fish and Wildlife Service (USFWS) has announced that it will remove the Johnston’s frankenia (Frankenia johnstonii) from the Federal List of Endangered and Threatened Plants under the Endangered Species Act.  Johnson frankenia is a perennial shrub endemic to Starr, Webb and Zapata Counties in Texas and the northeastern part of the Mexican states… Continue Reading

U.S. Fish and Wildlife Service Delists Modoc Sucker

Posted in Delisting

On December 8, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule removing the Modoc sucker (Catostomus microps) from the list of threatened and endangered species.  The Modoc sucker, a small fish native to the Upper Pit River Watershed in southern Oregon and northeastern California, was listed as endangered under the Endangered… Continue Reading

U.S. Fish and Wildlife Service Delists Delmarva Fox Squirrel

Posted in Delisting, Fish & Wildlife Service

On November 16, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) removing the Delmarva fox squirrel (Sciurus niger cinereus) from the list of endangered and threatened species.  Following its 2012 review of the species, the Service concluded that the best available scientific and commercial data indicate the Delmarva fox squirrel is… Continue Reading

U.S. Fish and Wildlife Service Issues Updated Guidance to Streamline 90-Day and 12-Month Petition Findings

Posted in Delisting, Fish & Wildlife Service, Listing

On October 27, 2015, the U.S. Fish and Wildlife Service (“Service”) issued a memorandum to the Service Regional Directors announcing new guidance to streamline findings on petitions to list species under the Endangered Species Act (ESA).  The stated purpose of the guidance is to “streamline petition findings while ensuring [the Service] conducts an adequate review… Continue Reading

Oregon Fish and Wildlife Commission Removes Gray Wolf from State Endangered Species List

Posted in Delisting

On November 9, 2015, the Oregon Fish and Wildlife Commission (Commission) voted to remove the gray wolf (Canis lupus) from protection under the Oregon Endangered Species Act.  The Commission meeting lasted almost 10 hours, with more than 100 people providing public testimony.  The decision was the result of a 4-2 vote by the Commission. The… Continue Reading

Third Gray Wolf Delisting Bill Introduced in House

Posted in Congress, Conservation, Delisting, Legislation

Last week, Washington State Representative Dan Newhouse introduced the “Pacific Northwest Gray Wolf Management Act” (H.R. 1985), which would remove Endangered Species Act (ESA) protection for the gray wolf (Canis lupus) within Washington, Oregon, and Utah.  H.R. 1985 is the third bill  introduced in the 114th Congress (2015-2016) proposing to delist the gray wolf within specified states.  H.R. 843 and H.R. 884,… Continue Reading

Outdated requirement results in continued listing of species determined to be recovered

Posted in Congress, Delisting, Fish & Wildlife Service

The Modoc sucker (Catostomus microps), a small fish with a range limited to northeast California and south-central Oregon, was listed as endangered (pdf) in 1985.  A recovery plan for the species was adopted by the Service in 1992, and in February 2014, the Fish and Wildlife Service proposed the delisting of the species (pdf).  In… Continue Reading

Oregon Chub is First Fish Species Ever To Be Declared Recovered and Removed From Threatened Species Listing

Posted in Delisting

On February 17, 2015, the U.S. Fish and Wildlife Service announced its final decision to remove the Oregon chub (Oregonichthys crameri) from the Federal List of Endangered and Threatened Wildlife under the Federal Endangered Species Act (ESA). The decision to delist the chub also removes designated critical habitat for the chub throughout its range. The… Continue Reading

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

Posted in Delisting, Fish & Wildlife Service

Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a petition to delist the gnatcatcher may be warranted. (Federal Register PDF).   The petition asserts that the listing of the Coastal California gnatcatcher as… Continue Reading

U.S. Fish & Wildlife Service Nixes Proposed Delisting of Central Valley Beetle Species

Posted in Delisting

On September 17, 2014, the U.S. Fish and Wildlife Service (Service) withdrew (pdf) its proposal (pdf) to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Threatened and Endangered Species.  While this means the beetle will continue to be protected as a threatened species under the Endangered Species Act (ESA), the… Continue Reading

Petition to Delist California Gnatcatcher Filed

Posted in Delisting

Citing new genetic evidence that the coastal California gnatcatcher is not a distinct subspecies as previously claimed, but is part of a single, healthy and abundant species that ranges from Southern California to the southern tip of Baja, Mexico, the National Association of Home Builders and several other parties filed a petition to remove the… Continue Reading

Alaska Urges National Marine Fisheries Service to Delist Subpopulation of Humpback Whales

Posted in Delisting

On February 26, the Alaska Department of Fish and Game petitioned (pdf) the National Marine Fisheries Service (NMFS) to remove the Central North Pacific subpopulation of humpback whales from the federal list of endangered or threatened species. In a press release, the director of Alaska’s Division of Wildlife Conservation declared the species a “prime example… Continue Reading

U.S. Fish and Wildlife Service Proposes Delisting Two Death Valley Plant Species

Posted in Delisting, Fish & Wildlife Service

 The U.S. Fish and Wildlife Service (Service) recently issued (pdf) a proposed rule to remove Eureka Valley evening-primrose (Oenothera avita ssp. eurekensis) and Eureka dune grass (Swallenia alexandrae) from the federal list of endangered species. The Service’s proposed rule follows its 12-month finding on the Pacific Legal Foundation’s petition to delist the species. Eureka Valley… Continue Reading

After More Than Five Years, Proposed Rule to Delist Hawaiian Hawk Reopened for Comment

Posted in Delisting

In August 2008, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to delist the Hawaiian hawk (Buteo solitarius), also referred to as the io, from the federal list of endangered or threatened species.  The proposed rule states that the proposed action is "based on a thorough review of the best available scientific data, which indicates that… Continue Reading

Report Finds the U.S. Fish and Wildlife Service Relied on Inadequate Science to Propose Delisting the Gray Wolf

Posted in Delisting

A report issued by a group of independent scientists claims that the U.S. Fish and Wildlife Service (Service) relied on inadequate scientific evidence to support its proposal to delist the gray wolf (Canis lupus) under the Endangered Species Act (ESA). As we previously reported, the Service issued a proposed rule to delist the species last June…. Continue Reading

For The First Time Ever, U.S. Fish and Wildlife Service Declares Fish Recovered

Posted in Delisting

As recently reported in The Oregonian, the U.S. Fish and Wildlife Service (Service) has declared the Oregon chub (Oregonichthys crameri) recovered, and will remove the species from the list of federally threatened and endangered species.  According to the report, this is the first fish ever taken off the endangered species list.  In a previous report, the Service… Continue Reading

Committee Recommends Delisting Yellowstone Grizzly Bear

Posted in Delisting, Fish & Wildlife Service

Last week, the Interagency Grizzly Bear Committee, a panel consisting of federal, state, local, and tribal representatives, recommended that the U.S. Fish and Wildlife Service (Service) remove the grizzly bear (Ursus arctos horribilis) from the list of threatened and endangered species under the Endangered Species Act (ESA). If the Service agrees, it will initiate the… Continue Reading