Posts in Listing.

On September 15, 2016, the U.S. Fish and Wildlife Service (USFWS) proposed to list as threatened the San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), a plant species native to Southern California, under the Endangered Species Act.  The proposal is one of dozens under a settlement reached in litigation challenging USFWS’s failure to propose listing or determine that listing is not warranted for 251 candidate species.  The proposed rule to list the plant species as threatened ends over 16 years on USFWS’s candidate list; it was listed as endangered under the ...

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The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) have issued listing decisions on a number of species under the Endangered Species Act (ESA) in recent days, and USFWS has announced notable changes in its recovery strategy for the red wolf.

  • On September 7, 2016, USFWS reopened the comment period for its proposed rule to remove the Greater Yellowstone Ecosystem population of grizzly bear (Ursus arctos horribilis) from the list of threatened species. The initial proposed rule emphasized that the States of Montana, Wyoming, and Idaho needed to ...
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Posted in Listing

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act.  The owl is already listed as a threatened species under the Federal Endangered Species Act.  The Commission's action increased protections for the species by allowing for state and citizen enforcement actions through the California Department of Fish and Wildlife and the state courts.

In California, the northern spotted owl’s range extends south along ...

On August 10, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule to list the Texas hornshell (Popenaias popeii), a freshwater mussel, as an endangered species under the Endangered Species Act (ESA).  The species has been on the candidate species list for over a decade, and the proposed rule meets a listing determination deadline established by a 2011 multidistrict settlement agreement.  In the proposed rule, USFWS determined that the species is in danger of extinction due to habitat loss from loss of water flow, decreased water quality, increased accumulation of ...

In the past few weeks, the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) published several Endangered Species Act (ESA) listing decisions, including the following:

  • On August 1, 2016, NMFS published a 12-month finding on a petition to list the porbeagle shark (Lamna nasus) under the ESA. According to NMFS, the species does not warrant listing at this time. NMFS reviewed two distinct population segments of porbeagle sharks, the North Atlantic and Southern Hemisphere, and acknowledged that the populations have declined due to overfishing ...
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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 Methodology establishes five prioritization categories, or bins, to inform a multi-year National Listing Workplan that will cover proposed and final listing determinations, as well as proposed and ...

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On June 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a 90-day finding that listing populations of the Northwestern moose (Alces alces andersoni) under the Endangered Species Act (ESA) may be warranted.  The Service’s 90-day finding is in response to a petition filed in July 2015 by the Center for Biological Diversity and Honor the Earth, which asked that the moose be listed as a threatened or endangered distinct population segment (DPS).

The U.S. population of Northwestern moose inhabits the upper peninsula of Michigan, Minnesota, North Dakota and Wisconsin.  In ...

After filing an appeal with the U.S. Court of Appeals for the Fifth Circuit less than two weeks prior, on May 10, 2016, the U.S. Fish and Wildlife Service (Service) filed an unopposed motion to voluntarily dismiss its appeal of the district court decision that vacated the listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA).  The U.S. District Court for the Western District of Texas, Midland Division, identified a number of errors in the Service’s evaluation of the species under the criteria laid out in the ...

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 or seeking to change the listing status of a species under the ESA. 80 Fed. Reg. 29,286 (May 21, 2015) (pdf).  The Service’s proposed rule originally required petitions to list species to address only one species, contain ...

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North American wolverine (Withdrawal).  The Withdrawal signaled a complete departure from the Service’s February 2013 proposed rule to list the wolverine as a threatened species under the Endangered Species Act (ESA).  The court’s decision is the newest chapter in what has been a contentious and storied path to a listing decision for the North American ...

On March 15, 2016, in Alaska Oil & Gas Association v. National Marine Fisheries Service, case number 4:14-cv-00029-RRB, the U.S. District Court for the District of Alaska vacated a final regulation promulgated by the National Marine Fisheries Service ("NMFS") listing the Arctic subspecies of ringed seal (Phoca hispida hispida, Phoca hispida ochotensis, and Phoca hispida botanica) as threatened and the Ladoga subspecies of ringed seal (Phoca hispida ladogensis) as endangered under the Endangered Species Act ("ESA").  The State of Alaska, North Slope Borough and the Alaska Oil ...

On February 29, 2016, the U.S. District Court for the Western District of Texas rejected the U.S. Fish and Wildlife Service's (Service) request to reinstate federal Endangered Species Act (ESA) protections for the lesser prairie chicken (Tympanuchus pallidicinctus).  Permian Basin Petrol. Ass 'n v. Dep 't of the Interior, No. 7:14-CV-50 (W.D. Tex. Feb. 29, 2016.).  In September 2015, the court ruled on a challenge brought by the Permian Basin Petroleum Association and four New Mexico counties and vacated the final rule listing the lesser prairie chicken as threatened under the ESA.  ...

In a notice published on January 15, 2016, the U.S. Fish and Wildlife Service (Service) announced a draft methodology for prioritizing species status reviews and 12-month findings on petitions for listing species under the Endangered Species Act (ESA).  81 Fed. Reg. 2,229 (Jan. 15, 2016).  The Service currently has over 500 unresolved species status reviews and associated 12-month findings on petitions for listing, and intends to use the changes to its methods to set priorities on how and when those unresolved petitions will be addressed.  The Service’s draft methodology will not ...

On January 6, 2016, the U.S. Fish and Wildlife Service (Service) issued its 12-month finding on the petition to list the Alexander Archipelago wolf (Canis lupus ligoni) as an endangered or threatened species under the Endangered Species Act, concluding that listing the wolf species throughout all or a significant portion of its range "is not warranted at this time."

The Alexander Archipelago wolf inhabits the mainland of southeastern Alaska, coastal British Columbia, and several island complexes.  On March 31, 2014, the Service issued a 90-day finding for the wolf stating that ...

Posted in Listing

On December 24, 2015, the U.S. Fish and Wildlife Service (Service) released its annual Candidate Notice of Review (CNOR) summarizing the status of species that qualify as candidates for listing under the Endangered Species Act (ESA).  The 2015 CNOR identifies all species designated as candidates and explains the changes to the candidate list from the 2014 CNOR.  The Service assigns each candidate species a listing priority number (LPN) indicating the magnitude of the threat to a species’ continued existence (with one being the highest priority, and twelve being the lowest ...

Under the Endangered Species Act (ESA), a citizen plaintiff is required to provide a notice no less than 60-days before filing certain types of lawsuits against the federal government.  For example, a 60-day notice is required before a citizen plaintiff may file a lawsuit seeking to compel the U.S. Fish and Wildlife Service (Service) to issue a decision on an ESA listing petition.  The primary purpose of the 60-day notice is to give the federal government an opportunity to review and, if necessary, correct the alleged ESA violation before incurring the cost of ...

Posted in Congress, Listing

After weeks of negotiations, on December 18, 2015, Congress finally approved the Fiscal Year 2016 omnibus spending bill.  One hotly debated issue related to the controversial greater sage grouse (Centrocercus urophasianus).  Republicans had hoped to include a rider rolling back the Bureau of Land Management (BLM) and the U.S. Forest Service’s sage grouse conservation plans across 67 million acres in several Western states, including California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah and Wyoming.  This rider was ultimately cut from the ...

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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 of petitions.   The memorandum clarifies that this guidance is interim guidance until the Service’s amendments to its petition listing rules are final.  Once finalized, the guidance will supersede previous guidance ...

In a notice published on October 8, 2015, the U.S. Fish and Wildlife Service (Service) announced its proposed 12-month finding on the Center for Biological Diversity’s (CBD) petition to list the Sierra Nevada red fox (Vulpes vulpes necator) as endangered or threatened under the federal Endangered Species Act. The Service determined that listing of the subspecies is not warranted because the fox is more abundant than previously believed and because known and potential stressors to the fox are not likely to cause the subspecies to become endangered in the foreseeable future ...

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During the last week of its fiscal year, the U.S. Fish and Wildlife Service (Service) made several findings under section 4 of the Endangered Species Act (ESA) to meet its obligations under the 2011 listing settlement workplan.  Below is a brief summary of these findings.

On September 29, 2015, the Service published a proposed rule to list four plant species from South Florida (specifically Miami-Dade and Monroe counties).  These include the Big Pine partridge pea (Chamaecrista lineata var. keyensis), the wedge spurge (Chamaesyce deltoidea ssp. Serpyllum) the sand flax (Linum ...

On September 22, 2015, Secretary of the Interior Sally Jewell announced that the greater sage-grouse (Centrocercus urophasianus) does not warrant protection under the Endangered Species Act (ESA).  The Department of the Interior is calling the greater sage-grouse strategy the largest land conservation effort in U.S. history and a 21st-century approach to conservation.  In reaching its not warranted finding, the U.S. Fish and Wildlife Service (Service) relied upon the collective conservation efforts of the Bureau of Land Management (BLM), U.S. Forest Service (USFS), State ...

On September 18, 2015, the U.S. Fish and Wildlife Service (Service) issued 90-day findings on 25 petitions to list various plants and animals under the Endangered Species Act (ESA).  Of the 25 petitions, the Service concluded that 23 petitions presented substantial scientific or commercial information indicating that the petitioned actions may be warranted, and initiated 12-month status reviews for those species to determine if the listing is warranted under the ESA.  These species include:

Species Latin Name Range
Blue Calamintha bee Osmia calaminthae Florida
California ...
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On September 15, 2015, the U.S. Fish and Wildlife Service (Service) published (pdf) its 12-month finding on a petition to list the New England cottontail (Sylvilagus transitionalis) as an endangered or threatened species under the Endangered Species Act (ESA).  The Service determined that listing the species is not warranted.

The New England cottontail is the only rabbit native to New England and the area east of the Hudson River in New York.  It was first identified as a candidate species in 2006, when the Service published a finding that listing the New England cottontail as ...

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On September 1, the U.S. District Court for the Western District of Texas, Midland Division vacated the U.S. Fish and Wildlife Service’s (Service) Final Rule listing the Lesser Prairie Chicken (LPC) as threatened.  The Service had published its final rule listing the LPC as threatened on April 10, 2014 amidst significant controversy as to whether the listing was needed.  In conjunction with the decision to list the LPC as a threatened species, the Service issued a special take rule under section 4(d) of the Endangered Species Act.  The 4(d) Rule allowed those who participate in the ...

Posted in Listing

On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California Endangered Species Act, but determined not to list the northern California evolutionarily significant unit.  In doing so, the Commission followed the recommendation of the California Department of Fish and Wildlife (Department).

According to the Department’s status review, [n]ative populations of fishers currently occur in Canada, the western United ...

Whether dealing with water or with endangered species directly, there have been a number of recent developments that are worth keeping on your radar.  Below is a quick summary of some of the more significant items:

July 16, 2015 - The House of Representative, in a largely partisan vote, passed H.R. 2898, the Western Water and American Food Security Act of 2015, by a vote of  245-176.  The Act, which is intended to ease some of the effects of the unprecedented drought gripping California, requires, among other things, for the U.S. Fish and Wildlife Service, the National ...

On July 1, 2015, the U.S. Fish and Wildlife Service (Service) published notice of its 90-day findings on petitions to list 31 species under the Endangered Species Act (ESA).  Of these 31 species, all of which occur in the United States, the Service made positive 90-day findings on 21 petitions.  A positive finding on a listing petition prompts a 12-month review of each species by the Service to determine whether listing is warranted.  Of the remaining ten petitions, the Service concluded that nine petitions failed to provide substantial information demonstrating that listing action may be warranted.  Most species addressed in the findings originated from a 53-species mega-petition filed by the Center for Biological Diversity (CBD) in July 2012.  If the Service finalizes its May 21, 2015 proposed rule to revise the regulations for species listing petitions, multi-species petitions such as the one filed by CBD will no longer be accepted by the Service.

Perhaps most notably, the Service’s publication included a denial of the petition to reclassify or downlist the gray wolf (Canis lupis) from its current status as endangered to threatened.  Twenty-two petitioners (including the Humane Society of the United States, CBD, and the Sault Sainte Marie Tribe of Chippewa Indians) signed the 2015 petition requesting reclassification of the gray wolf (excluding the Mexican wolf subspecies (Canis lupus baileyi) throughout the conterminous United States).  The Service first concluded that the petition failed to provide substantial information indicating that the population proposed for reclassification may qualify as a distinct population segment.  The Service acknowledged that this finding alone was enough to deny the petition for reclassification, but stated that the status of the gray wolf has been a source of significant controversy over the past few years, and due to the controversy, also concluded that the petition did not provide substantial information indicating that the gray wolf at large would qualify as threatened rather than endangered.

Posted in Listing

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 ...

On Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected (pdf) the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements between the U.S. Fish and Wildlife Service (Service) and two environmental organizations. The settlements direct the Service to make listing decisions on 251 species by specified dates.  The Court of Appeals affirmed a district court’s decision that NAHB lacked standing to raise its challenge.

As we previously reported, the district court ...

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While a number of Endangered Species Act (ESA) reform bills continue to wind their way through Congress (see our May 6, 2015 post), yesterday, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced their own plan to "increase regulatory predictability, increase stakeholder engagement, and improve science and transparency" when acting on petitions to list, uplist, downlist, or delist a species, as well as petitions to revise critical habitat designations.  Rather than revising the ESA itself, as some in Congress ...

On April 2, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) listing the northern long-eared bat (Myotis septentrionalis) as threatened under the Endangered Species Act (ESA).  The Service determined that there are several factors affecting the species, but none as severe and immediate to its persistence as the disease known as white-nose syndrome (WNS).  The Service found that WNS is the predominant threat to the northern long-eared bat and, in the absence of WNS, the species would not be experiencing the dramatic decline that it has since WNS emerged.

The ...

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After a relatively quiet start to the year, the National Marine Fisheries Service (NMFS) and U.S. Fish & Wildlife Service (FWS)  have issued findings and rules regarding the proposed listings of four separate species under the Endangered Species Act (ESA) over the last two days.  NMFS issued a 90-day finding on a petition to list the Gulf of Mexico population of Bryde's whale (Balaenoptera edeni) on April 6, 2015.  FWS issued a 12-month finding on a petition to list the Humboldt marten (Martes caurina humboldtensis) and proposed to list two species of crayfish - the Big Sandy crayfish ...

On March 27, 2015, the National Marine Fisheries Service (NMFS) accepted two petitions asking NMFS to list the Porbeagle shark (Lamna nasus) as threatened or endangered under the Endangered Species Act either throughout the entirety of its global range, or as distinct population segments (DPS) occurring in the Northwest Atlantic, the Northeast Atlantic, and the Mediterranean.  (80 Fed. Reg. 16,356 [pdf].)  The petitions, filed separately by Wild Earth Guardians and the Humane Society of the United States, were originally rejected as not warranted by NMFS in July 2010.  Both ...

On March 3, 2015, the National Marine Fisheries Service (NMFS) issued two Federal Register notices – a 90-day finding on a petition (pdf) to list the Common thresher shark (Alopias vulpinus) as either threatened or endangered, and a proposed rule to list  (pdf) the Tanzanian distinct population segment (DPS) of the African Coelacanth (Latimeria chalumnae) as a threatened species.

On August 26, 2014, Friends of Animals petitioned NMFS to list the Common thresher shark as endangered or threatened under the Endangered Species Act (ESA), or, in the alternative, to delineate six ...

On February 10, 2015, the National Marine Fisheries Service and the National Oceanic Atmospheric Administration ("Services") issued a final rule (pdf) to include captive killer whales in the Southern Resident killer whale distinct population segment (DPS) of killer whales (Orcinus orca). The DPS has been listed as endangered under the federal Endangered Species Act (ESA) since 2005, but the listing excluded whales held in captivity. In January 2013, People for the Ethical Treatment of Animals petitioned the Services to remove the exclusion and extend the protections of ...

The Transportation Research Bureau ("TRB"), a division of the National Research Council within the National Academies, has released a report entitled Innovative Airport Responses to Threatened and Endangered Species (pdf).  The report is intended to assist airport sponsors and operators in addressing federally listed species issues on or near their facilities.  The introduction to the report includes the following summary of its contents:

"ACRP Report 122 first introduces relevant regulations and then provides a discussion of potential areas of conflict between ...

Last week, the U.S. Fish and Wildlife Service (Service) published three new rules, continuing its flurry of activity from December as we previously noted here and here.  Below are the latest final and proposed rules issued by the Service.

January 16, 2015 – The Service issued a final rule listing the Mexican wolf (Canis lupus baileyi) (pdf) as endangered under the Endangered Species Act (ESA).  The Mexican wolf is a subspecies of the gray wolf that was listed as endangered in the southwestern United States and Mexico in April of 1976.  When the gray wolf was listed as endangered in 1978, it ...

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Coming in just under the wire for the New Year, the U.S. Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) published new rules today, making December a very busy month for Endangered Species Act (ESA) listing decisions. Below are the latest items from FWS and NMFS to be published in 2014.

December 31, 2014 - FWS issued a 90-day finding on a petition to list the Monarch Butterfly (Danaus plexippus plexippus) as a threatened species under the ESA.  FWS found that the information and sources cited in the petition present substantial commercial or scientific ...

The National Marine Fisheries Service (Service) recently published (pdf) its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA).  The final rule contains the Service’s determination that the narrow sawfish (Anoxypristis cuspidate), dwarf sawfish (Pristis clavata), largetooth sawfish (collectively, Pristis pristis), green sawfish (Pristis zijsron) and the non-U.S. distinct population segment (DPS) of smalltooth sawfish (Pristis pectinata) are endangered species under the ESA.  The Service determined that these five ...

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Although there were some notable downperiods when it came to Endangered Species Act news over the past twelve months, the past few weeks have been anything but slow.  Below are a few of the more recent newsworthy items that have rolled off the presses:

December 11, 2014 - U.S. Fish and Wildlife Service issues a final rule listing the rufa red knot (Calidris canutus rufa) as a threatened species.  The rufa red knot is a migratory shorebird that breeds in the Canadian Artic, and winters in parts of the United States, the Carribean, and South America.  The final rule states that the ...

On December 5, 2014 the U.S. Fish & Wildlife Service (USFWS) released its Fiscal Year 2014 Threatened and Endangered Species Candidate list.  Under the Endangered Species Act (ESA), when the USFWS either receives a petition from a third party to list a species as threatened or endangered, or when the USFWS decides of its own accord to evaluate a species for listing, it is required to issue a 90 day finding on the potential listing, and then a 12-month finding, followed by a determination on the species' status.  Forty species received final listing decisions this year.  USFWS may delay a ...

Posted in Listing

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) extended protection to the tricolored blackbird (agelaius tricolor) on an emergency basis under the California Endangered Species Act.  The Commission previously -- in 2005 -- denied a petition from CBD to list the species.

While the tricolored blackbird is endemic to California, it is distributed through much of the State.  Census data on the species has been collected periodically over the past 20 years.  The ...

On November 12, 2014, the U.S. Fish & Wildlife Service (Service) listed as threatened and designated over 1.4 million acres of critical habitat for Gunnison sage-grouse (Centrocercus minimus), the smaller cousin of the greater sage-grouse (Centrocercus urophasianus).  The Gunnison sage-grouse’s (Gunnison) current range is limited to southwestern Colorado and southeastern Utah.

The regulations came as a blow to the State of Colorado, landowners, and others who have devoted considerable resources to the conservation of the Gunnison Basin population’s sagebrush ...

On November 4, 2014, the U.S. District Court for the District of Arizona issued an opinion in Ctr. for Biological Diversity v. Jewell,2014 U.S. Dist. LEXIS 157436(D. Ariz.Nov. 4, 2014) finding that the Fish and Wildlife Service (FWS) did not abuse its discretion by finding that the Sonoran Desert population of bald eagles is not a distinct population segment. The Bald eagle was originally listed as an endangered species under the precursor to the Endangered Species Act (ESA) in 1967, after FWS found that less than 500 breeding pairs remained in 1963. Under ESA protections, the bald ...

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On November 5, 2014, the National Marine Fisheries Service issued a 12-month finding (pdf) for the queen conch (Strombus gigas), concluding that the species prized for its meat and shell does not warrant listing because it is "not currently in danger of extinction throughout all or a significant portion of its range nor is it likely to become so within the foreseeable future."  WildEarth Guardians had submitted the 2012 petition requesting that the queen conch be listed, citing overfishing as the primary threat to the species.   In the 12-month finding, however, the ...

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Tags: Conch, Meat, NMFS, Shell

The U.S. Fish and Wildlife Service (Service) recently announced that it is proposing to list the African lion (Pantera leo leo) as threatened under the Endangered Species Act (ESA). The proposed listing is the result of a 2011 petition to list the species as endangered. In the Service’s 12-month finding on that petition, the Service determined that listing the African lion as threatened throughout its range under the ESA is warranted.

The African lion has a large range and its population has ten strongholds totaling approximately 24,000 lions, which is 70 percent of the current ...

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Posted in Listing

On October 24, the U.S. Fish and Wildlife Service (Service) published a final rule listing the Dakota skipper (Hesperia dacotae) as a threatened species and the Poweshiek skipperling (Oarisma poweshiek) as an endangered species under the Endangered Species Act.  The Dakota skipper is found in Minnesota, North Dakota, South Dakota, Manitoba and Sasketchewan, and that the Poweshiek skipperling is found in Michigan, Minnesota, Wisconsin, and Manitoba.  The Service determined that the Dakota skipper is likely to become endangered throughout all of its range within the ...

Posted in Listing

On October 6, the U.S. Fish and Wildlife Service (Service) issued a news release (pdf) announcing its proposal to list the West Coast Distinct Population Segment (West Coast DPS) of fisher (Pekanian pennanti) as threatened under the Federal Endangered Species Act (ESA), in part due to significant threats from illegal marijuana farming. 

The fisher belongs to a family of mammals that includes weasels and otters, and grows to about the size of a large house cat.  The Federal Register notice (pdf) regarding the proposed listing, which was published yesterday, states that the ...

The U.S. Fish and Wildlife Service (Service) has published (pdf) a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as endangered, twelve are plant species and nine are animal species. The two proposed threatened species are animal species.

All 23 species are found in the U.S. Territory of Guam and the U.S. Commonwealth of the Northern Mariana Islands. According to the proposed rule, the species are experiencing population level impacts as a result of habitat loss and ...

Posted in Listing

Last Friday, the U.S. Fish and Wildlife Service (Service) published its final rule listing the western yellow-billed cuckoo (Coccyzus americanus) as threatened under the Endangered Species Act (ESA). The species is an insect-eating bird found in riparian woodland habitat. The final rule lists loss of riparian habitat as the primary threat to the species and notes that conversion to agriculture, dam construction, river flow management, and overgrazing have all contributed to loss of the species’ habitat over the last several decades. The species has been listed in twelve ...

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Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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