Posts tagged Fish & Wildlife Service.

Republican Congressman Chris Stewart (UT) recently introduced a bill (pdf) that would amend the Endangered Species Act (ESA) to require federal wildlife agencies to include the number of species found on state, tribal, and private lands in its official count when determining whether a species should be protected under the ESA.  Currently, the ESA does not include a specific requirement regarding how to account for a species’ population.  Rather, federal agencies are required to use the best scientific and commercial data available when determining whether a species is ...

 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 evening-primrose and Eureka dune grass are endemic to three dune systems in the Eureka Valley, located in Inyo County, California. Eureka Valley is managed by the National Park Service (Park ...

The U.S. Fish and Wildlife Service (Service) announced (pdf) that it will prepare an Environmental Impact Statement (EIS) on a proposed application for an Incidental Take Permit (ITP), including a Habitat Conservation Plan (HCP), under the Endangered Species Act (ESA). The application concerns the lesser prairie-chicken (Tympanuchus pallidicintus), which the Service has proposed to be listed as threatened under the ESA.

A group of stakeholders representing energy, agricultural, and conservation industries and organizations (Stakeholders) submitted the application. If ...

The U.S. Fish and Wildlife Service (Service) is seeking proposals (pdf) from states or territories for federal grants from the Cooperative Endangered Species Conservation Fund (Fund) for voluntary conservation projects that benefit candidate, proposed, or listed species.

The Fund is authorized under Section 6 of the Endangered Species Act (ESA) and provides four different grant programs: 1) Conservation Grants, which help implement conservation projects; 2) Recovery Land Acquisition Grants, which fund the acquisition of habitat in support of approved or draft species ...

The U.S. Fish and Wildlife Service (Service) recently released (pdf) its draft economic analysis (DEA) for its proposal to designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct population segment of the mountain yellow-legged frog (Rana muscosa), and the Yosemite toad (Anaxyrus canorus). The proposed critical habitat designation encompasses approximately 1,831,820 acres of habitat in California.

The purpose of the DEA is to identify and analyze the potential economic impacts associated with the proposed critical ...

The U.S. Fish and Wildlife Service (Service) recently affirmed (pdf) its decision to list the White Bluffs bladderpod (Physaria douglasii subsp. tuplashensis) as threatened under the Endangered Species Act (ESA).  The Service also revised its designation of critical habitat for the plant species to exclude certain private and state lands in Franklin County, Washington.

The Service previously published a final rule to list the species (pdf) and designate critical habitat (pdf) on April 23, 2013.  However, the Service delayed the effective date of these rules in order to accept ...

 The U.S. Fish and Wildlife Service (Service) recently announced (pdf) the completion of its status review (pdf) of Coleman’s coralroot (Hexalectris colemanii), a species of orchid found in southeastern Arizona and southwestern New Mexico. The Service determined that listing the orchid as threatened or endangered under the Endangered Species Act (ESA) is not warranted at this time.

The Center for Biological Diversity (CBD) petitioned the Service to protect Coleman’s coralroot under the ESA in September 2010. Originally thought to be part of the Chisos coralroot, the ...

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 rule-making process to delist the species. The Service is expected to make a decision next month.

The Yellowstone grizzly bear population is found in Montana, Idaho and Wyoming. When initially listed under the ...

Today, the U.S. Fish and Wildlife Service ("Service") announced (pdf) the extension of the public comment period on the proposals to list and designate critical habitat for the the Bi-State Distinct Population Segment (DPS) of greater sage-grouse (Centrocercus urophasianus) along the California-Nevada border under the Endangered Species Act, and also announced the designation of approximately 230 acres in San Francisco County as critical habitat for the endangered Franciscan manzanita (Arctostaphylos franciscana).  The Service also released the final ...

On Thursday, December 12, 2013, the House Natural Resources Committee (Committee) will hold a full committee oversight hearing (pdf) titled ESA Decisions by Closed-Door Settlement: Short-Changing Science, Transparency, Private Property, and State & Local Economies. This hearing is part of a series of hearings announced by the Committee to review the Endangered Species Act (ESA) and conduct an assessment of the law’s strengths and weaknesses.

As we previously reported, in 2011, the U.S. Fish and Wildlife Service (Service) developed a six-year work plan that would allow it to ...

Last week, the U.S. Fish and Wildlife Service (Service) announced (pdf) that it will begin a status review of the upper Missouri River distinct population segment (DPS) of the Arctic grayling (Thymallus arcticus). The status review will allow the Service to determine whether the DPS should be listed as threatened or endangered under the Endangered Species Act (ESA).

The Arctic grayling is found primarily in the Arctic and Pacific oceans, although some populations are river-dwelling. The fish has a long, thin body with a forked tail and can grow up to 13 inches long. The DPS that is the ...

Last week, the U.S. Fish and Wildlife Service (Service) published in the Federal Register a notice of its Record of Decision on an Incidental Take Permit authorizing NiSource, Inc. (NiSource) to "take 10 federally listed species over a 50-year period."  NiSource is engaged in natural gas transmission, storage, and distribution, as well as electric generation, transmission, and distribution.  In 2009, NiSource applied for authorization under Section 10 of the Endangered Species Act to take 10 federally listed species "in the course of engaging in otherwise lawful gas ...

The U.S. Fish and Wildlife Service (Service) recently announced (pdf) the reopening of the public comment periods for its January 11, 2013 proposed rules to list the Gunnison sage-grouse (Centrocercus minimus) as endangered under the Endangered Species Act (ESA) and to designate approximately 1.7 million acres of critical habitat for the species in Colorado and Utah. The Service also announced that it was rescheduling two public information sessions and public hearings for the proposed rules, as well as adding a third public informational session and public hearing. These ...

On November 4, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule (pdf) to remove the Inyo California towhee (Pipilo crissalis eremophilus) from the list of threatened and endangered species under the Endangered Species Act (ESA). The Service concluded that delisting the Inyo California towhee is warranted because substantial threats to the species have been ameliorated or reduced since listing, and the species no longer meets the definition of a threatened species under the ESA. 

According to the Service, the total rangewide population of the towhees ...

On October 28, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule (pdf) to list the California and Nevada populations of the greater sage grouse (Centrocercus urophasianus) as threatened under the Endangered Species Act (ESA). According to the Service, this bi-state population is genetically distinct and geographically isolated from other greater sage grouse populations, and warrants protection under the ESA.

Primary threats to the species include degradation of habitat by livestock grazing and invasive plant species, fragmentation of habitat ...

Today, the U.S. Fish and Wildlife Service (Service) published (pdf) its final determination that the ashy storm-petrel (Oceanodroma homochroa) does not warrant listing under the Endangered Species Act (ESA) at this time. The Service’s announcement constitutes its 12-month finding on a petition to list the species filed by the Center for Biological Diversity (Center).

The ashy storm-petrel is a small seabird that ranges from the California-Oregon border to Islas San Benitos, Mexico. The Service determined that climate change, invasive species, human activities, military ...

On October 3, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule (pdf) to list the Florida Brickell-bush (Brickellia mosieri) and Carter’s Small-flowered Flax (Linum carteri var carteri) as endangered under the Endangered Species Act (ESA).

According to the Service, the flower species’ habitat in the pine rockland community of Miami-Dade County has been drastically reduced due to residential and commercial development and agriculture. Moreover, there is a potential for high levels of nutrients from agricultural and urban areas to seep into the ...

The U.S. Fish and Wildlife Service (Service) recently proposed listing (pdf) the rufa red knot (Calidris canutus rufa) as threatened under the Endangered Species Act. The red knot is a medium-sized shorebird about 9 to 11 inches in length that migrates more than 9,000 miles annually between its breeding grounds in the Canadian Arctic and Tierra del Fuego at the southern tip of South America. During its migration, the bird spends considerable time along the eastern seaboard of the United States.

According to the Service, the species has declined, in part, due to an increase in ...

As reported earlier today by Emily Yehle of Greenwire, if the U.S. Government fails to avoid a government shutdown before tomorrow, a number of federal agencies, including the U.S. Environmental Protection Agency and U.S. Department of the Interior are planning to "pull the plug on their online presence."  (E&ENewsPM, Sept. 30, 2013).  You may ask, what other impacts will there be as a result of the impending government shutdown?  While, according to the Department of the Interior's website (pdf), as a general matter "Service employees will not continue to work" on court ordered ...

 The U.S. Fish and Wildlife Service (Service) recently listed (pdf) the Jemez Mountains salamander (Piethodon neomexicanus) as endangered under the Endangered Species Act (ESA). The Service also recently published (pdf) a final rule listing the Texas golden gladecress (Leavenworthia texana) as endangered and the Neches River rose-mallow (Hibiscus dasycalyx) as threatened under the ESA.

The Jemez Mountains salamander is found only in the Jemez Mountains in northern New Mexico, in Los Alamos, Rio Arriba, and Sandoval Counties. The salamander is generally found around the rim of ...

Earlier this month, the U.S. Fish & Wildlife Service (Service) announced (pdf) the availability of its recovery plan (pdf) for the threatened southwest Alaska Distinct Population Segment of the northern sea otter (Enhydra lutris kenyoni).  The recovery plan describes the status of the otter, its history, and a number of actions the Service believes will allow for the delisting of the otter.  With respect to the otter's declining status, the recovery plan states that "[t]he only identified threat factor that is judged to have a high importance to recovery is predation[,]" and ...

On August 20, 2013, the U.S. Court of Appeals for the District of Columbia held (pdf) that appellants’ claims against the U.S. Fish and Wildlife Service (Service) for an alleged failure to take certain actions under the Endangered Species Act (ESA) with respect to the straight-horned markhor (Capra falconeri jerdoni) were moot. 

In 1976, the Service classified the markhor as endangered under the ESA. The species’ primary habitat is the Torghar Hills along the Pakistan-Afghanistan border. In response to the reduction of the markhor population, local tribal leaders formed ...

The U.S. Fish and Wildlife Service (Service) has proposed (pdf) downlisting the Santa Cruz cypress (Hesperocyparis abramsiana; previously listed as Cupressus abramsiana) from endangered to threatened under the Endangered Species Act (ESA).

The Service originally listed the Santa Cruz cypress as endangered in 1987, citing development-related threats to the species’ habitat as the reason for its decline. Officials also noted that alterations in the natural pattern of wildfires were having an adverse impact on the species’ population, as the Santa Cruz cypress relies on ...

On August 19, 2013, the U.S. Fish and Wildlife Service (Service) announced (pdf) its decision to list the Austin blind salamander (Eurycea waterlooensis) as endangered and the Jollyville Plateau salamander (Eurycea tonkawae) as threatened under the Endangered Species Act (ESA). While the Service’s proposed listing of the two species designated both as endangered, the Service’s final rule (pdf) lists the Jollyville Plateau salamander as threatened based on new information received since publication of the listing proposal.

In conjunction with listing the two species ...

On July 22, 2013, the U.S. District Court for the Western District of Washington held (pdf) that plaintiffs’ claims regarding the U.S. Fish and Wildlife Service’s (Service) alleged violation of section 10 of the Endangered Species Act (ESA) were not subject to the 60 day notice of intent to sue (NOI) requirement.

In 1997, the Washington Department of Natural Resources (DNR) adopted a habitat conservation plan to govern logging in the forests of southwest Washington.  The marbled murrelet (Brachyramphus marmoratus) is one of a number of endangered and threatened species covered ...

On July 23, 2013, the U.S. Fish and Wildlife Service (Service) released a final plan to shoot approximately 3,600 barred owls (Strix varia) in the Pacific Northwest in order protect the northern spotted owl (Strix occidentalis caurina), which is listed as threatened under the Endangered Species Act.


The plan provides that the Service will use shotguns to remove barred owls from four test areas in Washington, Oregon, and California. According to the Service, the barred owl is a threat to the northern spotted owl because it outcompetes the smaller and less aggressive spotted owl for ...

The U.S. Fish and Wildlife Service (Service) announced this week that it will extend for six months a final decision on whether to list the Gunnison sage-grouse (Centrocercus minimus) under the Endangered Species Act (ESA), and whether to designate 1.7 million acres in Colorado and Utah as critical habitat for the species.

In January of this year, the Service proposed listing the Gunnison sage-grouse as an endangered species and designating critical habitat for it.  As we previously reported, the Service subsequently extended the comment period from March 12 to April 2, 2013.  The ...

 The U.S. Fish and Wildlife Service (Service) recently published a proposed rule (pdf) to list the Kentucky glade cress (Leavenworthia exigua var. laciniata) as threatened under the Endangered Species Act (ESA). The Service also proposed (pdf) designating critical habitat for the species.

The Service previously identified the Kentucky glade cress as a candidate species on November 9, 2009. However, it was designated as a Listing Priority Number (LPN) 3. LPNs are assigned based on the immediacy of the threat to the species, as well as taxonomic status. As an LPN 3, Kentucky glade ...

On June 13, 2013, the U.S. Fish and Wildlife Service (Service) issued a proposed rule (pdf) to delist the gray wolf (Canis lupus) under the Endangered Species Act (ESA) throughout the United States and Mexico. The proposed rule also proposes to maintain protection for the Mexican gray wolf (Canis lupus baileyi) in the Southwest by listing it as endangered under the ESA. Presently, the gray wolf is listed in 42 states, including California. 

Previously, the Service determined (pdf) that the southwestern population of the gray wolf – known as the Mexican gray wolf – may warrant a ...

On May 10th, the U.S. Fish and Wildlife Service (Service) announced that it had approved the Tehachapi Uplands Multiple Species Habitat Conservation Plan (Plan), which will provide protections for 25 species of plants and animals, while permitting limited development and other land use activities on designated areas within Tejon Ranch. Founded in 1843, Tejon Ranch is the largest contiguous expanse of private land in California. 

Many years in the making, the Plan will protect wildlife habitat and enhance species conservation on over 140,000 acres. The Plan provides ...

In Klamath Siskyou Wildlands Center v. MacWhorter, 1:12-cv-1900 (pdf), the United States District Court for the District of Oregon granted a motion to dismiss plaintiffs’ suit alleging that the U.S. Forest Service (USFS) violated the Endangered Species Act (ESA) by allowing suction dredge placer mining in the Rogue River-Siskyou National Forest without consulting with federal wildlife agencies about potential effects on coho salmon (Oncorhynchus kisutch) and coho salmon critical habitat.  In dismissing the case, the court held that it lacked subject matter jurisdiction ...

On April 25, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule (pdf) to list the Sierra Nevada yellow-legged frog (Rana sierrae) as endangered, the northern distinct population segment (DPS) of the mountain yellow-legged frog (Rana muscosa) as endangered, and the Yosemite toad (Anaxyrus canorus) as threatened under the Endangered Species Act (ESA).

According to the Service, populations of the Sierra Nevada yellow-legged frog and the northern DPS of the mountain yellow-legged frog are declining due to habitat degradation and fragmentation ...

The United States Fish and Wildlife Service (Service) has announced (pdf) that it will conduct a full status review to determine whether protection under the Endangered Species Act (ESA) is warranted for two populations of the black-backed woodpecker (Picoides articus).

The Service's announcement is in response to a petition filed by environmental groups requesting two populations of the species, the Cascades-Sierra Nevada population in California, Oregon, and Washington, and the Black Hills population in South Dakota and Wyoming, be listed as endangered or ...

On March 25, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule (pdf) to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle (Caretta caretta) under the Endangered Species Act (ESA).  The proposed critical habitat includes almost 740 miles of coastline in North Carolina, South Carolina, Georgia, Florida, Alabama, and Mississippi.  Photo by Strobilomyces at Océanopolis, Brest, France on 17th April 2006.

The loggerhead sea turtle includes nine distinct population segments (DPS ...

On March 13, 2013, the U.S. Fish and Wildlife Service (Service) extended (pdf) the public comment period for two proposed rules relating to the Gunnison sage-grouse (Centrocercus minimus).  As we previously reported, the Service published a proposed rule to list the species as endangered under the Endangered Species Act (ESA) in January.  In conjunction with that proposed rule, the Service also proposed to designate approximately 1.7 million acres of critical habitat for the species in Colorado and Utah.  The 60-day public comment period for these two proposed rules was ...

The U.S. Fish and Wildlife Service (Service) recently proposed (pdf) to remove the island night lizard (Xantusia riversiana) from its current listing as threatened under the Endangered Species Act (ESA).  The proposed removal is based on successful recovery efforts led by the U.S. Navy and National Park Service, which have resulted in the achievement of nearly all of the objectives established in the recovery plan for the species.

Island night lizards are found only on the Channel Islands - San Clemente Island, San Nicolas Island, and Santa Barbara Island - off the ...

On February 20, 2013, the U.S. Fish and Wildlife Service (Service) issued a final special rule (pdf) to manage the polar bear (Ursus maritimus), which is listed as threatened under the Endangered Species Act (ESA). The rule effectively maintains the management and conservation framework that has been in effect for the polar bear since it was first listed under the ESA in 2008.

The rule states that activities outside the polar bear’s habitat are not subject to ESA incidental take prohibitions. According to the Service, the rule avoids redundant regulation under the ESA by adopting ...

On January 11, 2013, the United States Fish and Wildlife Service (Service) published a proposed rule (pdf) to list the Gunnison sage-grouse (Centrocercus minimus) as endangered under the Endangered Species Act (ESA).  As we previously reported, the sage-grouse had been on the candidate species list since January of 2000, but the Service was not authorized to prepare a proposed rule to list the species or designate critical habitat until 2011, when additional resources became available.

The Gunnison sage-grouse is the smaller cousin of the greater sage-grouse.  The species ...

This morning, Secretary of the Interior Ken Salazar announced that he is planning to step down at the end of March.  A number of prominent elected officials from the western United States have been mentioned in the press as potential candidates for the position.

On Tuesday, December 18, 2012, the U.S. Fish and Wildlife Service (Service) proposed upgrading the status of the wood stork (Mycteria americana) from endangered to threatened under the Endangered Species Act (ESA).  The proposed change is in response to improvements in the population and habitat of the species based on the best available scientific information.

Dan Ashe, Director for the Service, remarked that the proposed reclassification "demonstrates that the [ESA] works" and that "the species is making real progress toward recovery."  The wood stork was ...

On December 4, 2012, the U.S. District Court for the District of Idaho denied a request to amend its previous order reversing the U.S. Fish and Wildlife Service's (Service) 2009 Final Rule listing the slickspot peppergrass (Lepidium papilliferum) as threatened under the Endangered Species Act (ESA).  Plaintiffs sought to reverse the court's August 2012 decision (pdf) to vacate the Service's determination in order to allow the listing to remain in place pending additional review.

The ESA defines "threatened" as "likely to become an endangered species within the foreseeable ...

On November 30, 2012, the U.S. Fish and Wildlife Service (Service) issued a proposed rule (pdf) to list the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA).  While voluntary conservation planning efforts are ongoing, the Service decided (pdf) to move forward with the proposed rule based on scientific evidence that the lesser prairie-chicken and its habitat are in decline.  The Service encouraged the public and scientific community to comment on the proposed rule during the 90-day comment period.  The Service ...

The U.S. Fish and Wildlife Service (Service) recently announced  (pdf) that it finalized its designation of critical habitat for the northern spotted owl (Strix occidentalis caurina) in the Pacific Northwest.  The final rule designated 9.29 million acres of federal land and 291,750 acres of state land as critical habitat for the species.  The final rule reduced the amount of habitat by approximately 4.3 million acres from a February 2012 proposal.  The Service asserts that this designation comported with a Presidential Memorandum directing the Department of the Interior to give ...

The U.S. Fish and Wildlife Service (Service) recently announced a proposal to protect 40 different species native to Hawaii under the Endangered Species Act (ESA).  The Federal Register notice of the announcement can be found here (pdf).  The proposal encompasses 37 plant species, including herbs, shrubs, trees, and ferns, and three species of tree snails.  The species are native to the Hawaiian Islands of Moloka'i, Lana'i, Kaho'olawe, and Maui.  They are found in 11 different ecosystem types.

The Service's announcement also included critical habitat designation for 39 of the ...

On June 4, the U.S. Fish and Wildlife Service (Service) published a 90-day finding (pdf) that substantial scientific or commercial information indicates that delisting the Inyo California towhee (Pipilo crissalis eremophilus) and reclassifying from endangered to threatened the arroyo toad (Anaxyrus californicus), Indian Knob mountainbalm (Eriodictyon altissimum), Lane Mountain milk-vetch (Astragalus jagerianus), Modoc sucker (Catostomus microps), and Santa Cruz cypress (Cupressus abramsiana) under the Endangered Species Act (ESA) may be warranted.  The Service will now conduct status reviews for these six species which result in a 12-month finding for each species determining whether the action is, in fact, warranted.

The Pacific Legal Foundation petitioned the Service requesting these actions on December 19, 2011.  The Foundation's petition was based on information contained in the most recent 5-year reviews for these six species, which were completed in 2008 and 2009.

As previously blogged about here, on December 9, 2011, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) published a notice of proposed rulemaking (PDF) in the Federal Register that will, if adopted, change the Services' standards for listing and delisting species as threatened or endangered under the Endangered Species Act (ESA) by re-interpreting the definitions of "threatened" and "endangered" species in the ESA.

In a letter to the Director of the Fish and Wildlife Service (PDF) dated January 26, 2012, Congressman Markey, the ranking ...

Today, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) published a notice of proposed rulemaking (PDF) in the Federal Register that will, if adopted, change the Services' standards for listing and delisting species as threatened or endangered under the Endangered Species Act (ESA).  See Draft Policy on Interpretation of the Phrase ‘‘Significant Portion of Its Range’’ in the Endangered Species Act’s Definitions of ‘‘Endangered Species’’ and ‘‘Threatened Species.’’ 76 Fed. Reg. 76,987 (Dec. 9, 2011). 

Under the ...

The U.S. Fish and Wildlife Service has announced that its Endangered Species Bulletin will be available exclusively in an online-only format going forward.  The Bulletin will be updated bi-monthly and will include a single in-depth feature articles, additional supporting articles, and other content.  The website for the Bulletin provides access to an archive that includes past editions back to 2000.

The U.S. Fish and Wildlife Service (Service) recently announced (PDF) the availability of the 2011 Revised Recovery Plan for the Mojave Population of the Desert Tortoise (Gopherus agassizii) (PDF).  The Plan calls for an adaptive management approach, something the Service says is necessary to "accommodate changing management needs" of the species.  In contrast, an earlier earlier recovery plan, finalized in 1994, focused on traditional mitigation measures to achieve recovery of the threatened desert tortoise.

Key elements of the 2011 Recovery Plan include developing ...

On June 30, 2011, the U.S. Senate confirmed Dan Ashe as Director of the U.S. Fish and Wildlife Service.  Ashe has held various positions with the Service over the past 15 years.  His immediate predecessor was Rowan Gould, who served as Acting Director beginning in February 2010 when then-Director Sam Hamilton passed away.  Though the position requires Senate confirmation, it has frequently been filled by career Service employees.  The Department of the Interior announced Ashe's confirmation in a press release, available here.

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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