Endangered Species Law & Policy

Today, in response to a petition to list (pdf) filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius tricolor) a candidate for listing under the California Endangered Species Act (CESA).  As we reported, the Commission previously — in December 2014 — decided to list the species on an emergency basis principally on the basis of the petition and without the benefit of input from the California Department of Fish and Wildlife and interested parties.  The emergency listing will lapse on June 30, 2015, at which point the species will not be protected under CESA.

CBD also submitted a petition to list to the U.S. Fish and Wildlife Service (Service) in February 2015.  The Service sent a letter dated March 13, 2015, to CBD opining that "there is no imminent threat to the species that would cause us to believe an emergency listing is required."  But the Service has yet to issue a determination under section 4(b)(3)(A) of the Endangered Species Act "whether the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted."