Posts tagged Listing.

 On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and revising the boundary of the Canada lynx DPS. The revised critical habitat designation consists of approximately 38,954 square miles of critical habitat in five units in Idaho, Maine, Minnesota, Montana, Washington, and Wyoming.

The Service’s final rule also rescinds the existing State-boundary-based definition of the Canada lynx DPS and ...

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Last Thursday, the U.S. Fish and Wildlife Service (Service) issued a final rule listing two plants as endangered under the Endangered Species Act (ESA). The two species, Florida brickell-bush (Brickellia mosieri) and Carter’s small-flowered flax (Linum carteri carteri), are both native to Miami-Dade County, Florida. According to the Service, the species’ habitat has suffered degradation as a result of inadequate fire management, nonnative plant species, and human activities. The brickell-bush is known to be present in just 17 sites, while Carter’s small-flowered ...

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In a 90-day finding (pdf) published this morning in the Federal Register, the National Marine Fisheries Service (NMFS) found that the listing of the orange clownfish (Amphiprion percula) "may be warranted" under the Endangered Species Act.  This finding was based in large part on the threat from "bleaching and subsequent loss of anemone habitat resulting from ocean warming" to three species of anemone that host the orange clownfish.  NMFS is now conducting a full status review of the species, and it has solicited scientific and commercial information pertaining to the ...

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On August 20, 2014, the U.S. Fish and Wildlife Service (Service) declined to list (pdf) the Upper Missouri River Distinct Population Segment of the Arctic Grayling (Thymallus arcticus) as threatened or endangered under the Endangered Species Act.

According to the Service, ongoing conservation efforts initiated by private landowners and federal and state officials have worked to improve conditions for the species. These voluntary programs, including irrigation flow reductions and fish ladders, have improved habitat quality for the trout. The Service estimates that these ...

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 The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to withdraw the listing proposal followed the consensus recommendation of the Service’s three Regional Directors for the regions encompassing the wolverine’s known range in the contiguous United States – the Mountain Prairie, Pacific Northwest, and Pacific Southwest regions.

As we previously reported, the Regional Director of the Service’s Mountain ...

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On August 4, 2014, the U.S. Fish and Wildlife Service (Service) announced its decision to list two small Texas minnows -- the sharpnose shiner (Notropis oxyrhynchus) and smalleye shiner (N. buccula) -- as endangered under the Endangered Species Act (ESA).  The two Texas minnows, which have been candidates species since 2002, measure less than 2 inches and have a life span of less than three years.  According to the announcement issued by the Service, the "two primary  factors affecting the status of the shiners are river fragmentation and alterations of the natural stream flow regime ...

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Today, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) protecting three flowers under the Endangered Species Act (ESA). The three flowers -- the Short's bladderpod (Physaria globosa), fleshy-fruit gladecress (Leavenworthia crassa), and whorled sunflower (Helianthus verticillatus) -- are found in Alabama, Georgia, Indiana, Kentucky, and Tennessee.

According to the Service, whorled sunflowers are primarily threatened by industrial forestry and pine plantations. The flowers grow to be six feet tall and live in moist, prairie-like areas, woodlands ...

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A Regional Director for the U.S. Fish and Wildlife Service (Service) has directed federal biologists to withdraw their proposed rule to list the wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act. As we reported here, the Service proposed listing the wolverine in February 2013, citing habitat loss due to climate change as the primary threat to the species. Officials in Wyoming, Idaho, and Montana objected to the proposed listing, arguing climate change conclusions are premature. In response to these objections, the Service asked a panel of nine biologists ...

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Today, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service issued their final interpretation of the phrase "significant portion of its range" for the purposes of applying the Endangered Species Act (ESA).  This phrase plays a key role in the listing and delisting of species, as it appears in the ESA's definition of "endangered species" and "threatened species."  Specifically, under the ESA, an "endangered species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its ...

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The U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) listing the New Mexico meadow jumping mouse (Zapus hudsonius luteus) as endangered under the Endangered Species Act.

The jumping mouse is a small mammal that hibernates eight or nine months out of the year, which is longer than most mammals. In the three or four months it is active, the jumping mouse must breed, birth, raise its young, and store up sufficient fat reserves to survive the next hibernation period. In addition, the jumping mouse has a limited lifespan of three years or less, and produces only one small ...

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In a split decision and contrary to the recommendation of the Department of Fish and Wildlife (Department), the California Fish and Game Commission (Commission) voted to list the gray wolf (Canis lupis) as endangered. The decision was lauded by representatives of environmental groups but opposed by representatives of farming and ranching interests. It affirms the willingness of the Commission, made up of political appointees, to overrule scientific staff when making critical decisions at the juncture of science and policy.

As we reported here, four environmental groups ...

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On June 2, 2014, the U.S. Fish and Wildlife Service (Service) announced the listing of the Webber's ivesia (Ivesia webberi) as a threatened species under the Endangered Species Act, and the designation of 2,170 acres of critical habitat in Plumas, Lassen, and Sierra Counties in northeastern California, and in Washoe and Douglas Counties in northwestern Nevada.  As stated in a related announcement issued by the Service, the rule listing the Webber's ivesia and designating critical habitat will not become effective until July 3, 2014.  The identified threats to the species include ...

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The U.S. Fish and Wildlife Service (Service) has issued a final rule (pdf) listing the Kentucky Glade Cress (Leavenworthia exigua var. laciniata) as threatened species under the Endangered Species Act (ESA). The Kentucky Glade Cress, a small, lilac-colored wildflower, is located in parts of Jefferson and Bullitt counties in Kentucky.  The primary threat to the species is the loss and degradation of its habitat, caused by development, roads, utilities, and conversion of its habitat to lawns. The final rule will become effective on June 5, 2014.

The Service also issued a proposed ...

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On May 2, 2014, the U.S. Fish and Wildlife Service (Service) issued a 12-month finding concluding that, based on the best available scientific and commercial information, the endangered Lane Mountain milk-vetch (Astragalus jaegerianus), a plant found in a small portion of the central Mojave Desert in San Bernardino County, should not be reclassified as threatened under the Endangered Species Act.  The Service found that the "primary threats to Lane Mountain milk-vetch are habitat loss and disturbance from military training, OHV use, recreational mining ...

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The U.S. Fish and Wildlife Service (Service) published a final rule (pdf) in the Federal Register listing the Sierra Nevada yellow-legged frog (Rana Sierrae) and the northern distinct population segment (DPS) of the mountain yellow-legged frog (Rana muscosa) as endangered, and the Yosemite toad (Anaxyrus Canorus) as threatened.  The agency proposed listing the species on April 25, 2013, following a decade of litigation intiiated by the Center for Biological Diversity, as describe in the proposed rule.

 

Recent research based on mitochondrial DNA, morphological ...

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 The Los Angeles Times reports that the California Fish and Game Commission (Commission) unanimously voted to postpone a decision on whether to list the gray wolf (Canis lupus) under the California Endangered Species Act (CESA). As we previously reported, the California Department of Fish and Wildlife recommended in February 2014 that the Commission not list the gray wolf under CESA, determining that the scientific evidence does not warrant listing the species at this time. The issue arose in 2011 when a single wolf, OR-7, was spotted in California for the first time.

The five-member ...

 Yesterday, the U.S. Fish and Wildlife Service (Service) announced (pdf) the final listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA). The Service identified drought and habitat fragmentation as threats to the species, and concluded the lesser prairie-chicken is likely to become endangered in the foreseeable future.

In connection with the final listing decision, the Service also announced a final special rule under section 4(d) of the ESA that will retain some degree of state responsibility for managing the ...

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On March 27, 2014, the U.S. Fish and Wildlife Service (Service) issued a 12-month finding and proposed rule to reclassify the arroyo toad (Anaxyrus californicus), a species that is believed to exist exclusively in California, from endangered to threatened under the Endangered Species Act.  The 12-month finding and proposed rule were initiated by a petition submitted in 2011 by The Pacific Legal Foundation requesting that the Service delist the Inyo California towhee and reclassify from endangered to threatened the arroyo toad, Indian Knob mountainbalm, Lane Mountain ...

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The U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) listing the Georgetown salamander (Eurycea naufragia) and the Salado salamander (Eureycea chisholmensis) as threatened under the Endangered Species Act (ESA). The Service also issued a proposed special rule for the Georgetown salamander under section 4(d) of the ESA, which authorizes the take of protected species in certain instances.

The primary threat to the species is habitat degradation due to declining water quality and disturbance of surface spring sites. According to the Service, urban development ...

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Today, the National Marine Fisheries Service (NMFS) announced (pdf) a 90-day finding on a petition to list the Hector’s dolphin (Cephalorhynchus hectori), the Baltic Sea subpopulation of harbor porpoise (Phocoena phocoena), the eastern Taiwan Strait subpopulation of the Indo-Pacific humpback dolphin (Sousa chinensis), and the Fiordland subpopulation of the bottlenose dolphin (Tursiops truncatus) under the Endangered Species Act. The announcement came as a result of NMFS' determination that the petition presented substantial scientific and commercial information ...

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The U.S. Fish and Wildlife Service has announced a final rule listing the Georgetown salamander (Eurycea naufragia) and Salado salamander (Eureycea chisholmensis) as threatened species under the Endangered Species Act.  The final rule is scheduled to be published in the Federal Register on Monday.  According to an article by Claire Osborn of the Austin American-Statesman, "Williamson County officials have said the area would lose millions of dollars in development if the salamanders are listed."

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 ...

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Yesterday, the California Department of Fish and Wildlife (DFW) recommended that the California Fish and Game Commission not list the gray wolf as endangered under the California Endangered Species Act. Following a yearlong review, DFW determined that the scientific evidence does not warrant listing the species at this time. Instead, DFW recommended designating the gray wolf as a species of special concern – which affords the gray wolf some protection, including prohibiting the killing of the species – with a recommendation to consider placing the gray wolf on the ...

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On January 29, the U.S. Fish and Wildlife Service (Service) announced (pdf) the reopening of the public comment period for a special rule originally proposed on May 6, 2013 that would allow for limited take of the lesser prairie-chicken (Tympanuchus pallidicinctus). As we previously reported, the proposed special rule was revised on December 11, 2013 to include a five-state conservation plan for the species. The proposed special rule allows for take of the lesser prairie-chicken as long as such take is incidental to activities conducted by an individual enrolled in the ...

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The National Marine Fisheries Service (Service) recently announced (pdf) a proposed amendment to the regulatory language of the Endangered Species Act (ESA) listing for the Southern Resident killer whale Distinct Population Segment (DPS).  The amendment would remove the language excluding captive members of the population from ESA protection. The Service’s action comes in response to a petition submitted by the People for the Ethical Treatment of Animals to include Lolita as a protected member of the DPS. Lolita, the sole captive member of the Southern Resident killer whale ...

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As we previously reported, the U.S. Fish and Wildlife Service (Service) has proposed to list the Gunnison sage-grouse (Centrocercus minimus) and the Greater sage-grouse (Centrocercus urophasianus) as endangered and threatened species under the Endangered Species Act, and to designate millions of acres of land as critical habitat for the species.  (See our prior posts on January 23, 2013 and October 29, 2013.)  Because of the controversy surrounding the proposed listings and designations, the Service has extended the comment period on the proposals to ensure that the public has ...

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 ...

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On December 11, 2013, the U.S. Fish and Wildlife Service (Service) issued a revised special rule (pdf) that would provide for a limited exception to the protections currently proposed for the lesser prairie-chicken (Tympanuchus pallidicinctus) under the Endangered Species Act (ESA). The revised special rule incorporates a new five-state rangewide conservation plan for the species, and allows take of lesser prairie-chickens so long as such take is incidental to activities conducted by an individual enrolled in the rangewide conservation plan. Previous versions of the special ...

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The National Marine Fisheries Service (NMFS) published a 90-day finding (pdf) on two petitions to list the pinto abalone (Haliotis kamtschatkana) as threatened or endangered under the Endangered Species Act (ESA) and designating critical habitat for the species. According to NMFS, there is substantial scientific or commercial information indicating that listing the species under the ESA may be warranted.

The pinto abalone is a marine gastropod mollusk found in the Pacific Ocean. Its range extends from Sitka Island, Alaska, to Baja California, Mexico, though it is mostly found ...

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On November 14, 2013, the U.S. Fish and Wildlife Service (Service) determined (pdf) that Gunnison’s prairie dog (Cynomys gunnisonidoes) does not warrant listing under the Endangered Species Act (ESA).  According to the Service, the species’ populations are stable and there are no threats causing or projected to cause the species to be at risk of extinction.  The Service also removed Gunnison’s prairie dog from the candidate list of threatened or endangered species. 

Gunnison’s prairie dog includes two subspecies that occupy areas of Arizona, Colorado, New Mexico, and ...

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The National Marine Fisheries Service (NMFS) announced (pdf) that it will not list the Gulf of Mexico population of sperm whales (Physeter macrocephalus) as an endangered or threatened distinct population segment (DPS) under the Endangered Species Act (ESA).

Sperm whales were originally listed as endangered under the precursor to the ESA—the Endangered Species Conservation Act of 1969—and remained on the list of threatened and endangered species after the passage of the ESA in 1973. In December 2011, NMFS received a petition to list the Gulf of Mexico population as a ...

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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 ...

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The U.S. Fish and Wildlife Service (Service) recently announced that it has proposed listing two butterfly species under the Endangered Species Act because of "steep population declines."  The two species are the Poweshiek skipperling (Oarisma poweshiek) and the Dakota skipper (Hesperia dacotae).  The notice issued by the Service states that "[b]oth butterfly species use prairie habitat and are threatened by degradation or changes to their habitat."  The Dakota skipper, which is proposed to be listed as a threatened species, is found in Minnesota ...

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This week, the U.S. Fish & Wildlife Service (Service) listed (pdf) 15 species on the island of Hawaii as endangered under the Endangered Species Act (ESA). Among the species protected are the anchialine pool shrimp (Vetericaris chaceorum), an extremely rare species of shrimp of which only five individuals have ever been observed, and the picture-wing fly (Drosophila digressa). In addition, the Service listed 13 species of plants, including sunflowers, asters, shrubs, and other small trees. Specifically, the haha (Cyanea marksii), aku (Cyanea tritomantha), and ...

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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 ...

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Yesterday, the U.S. Fish and Wildlife Service issued two proposed rules for the Vandenberg monkeyflower (Diplacus vandenbergensis), a small annual herb only known to occur at nine locations in western Santa Barbara County.   The first rule proposes to designate the Vandenberg monkeyflower as an endangered species under the federal Endangered Species Act.  The second rule proposes to designate approximately 5,785 acres of critical habitat in Santa Barbara County, California for the Vandenberg monkeyflower.  In a notice, the Service states that the "primary threat to the ...

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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 ...

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Getting back into the swing of things, earlier today the U.S. Fish and Wildlife Service determined that the eastern small-footed bat (Myotis leibii) does not warrant listing at this time, and commented on its proposal to list the northern long-eared bat (Myotis septentrionalis) (pdf) as endangered under the Endangered Species Act.  The notice issued by the Service states that the "primary threat to the northern long-eared bat is a disease, white-nose syndrome, which has killed an estimated 5.5 million cave-hibernating bats in the Northeast, Southeast, Midwest and Canada."  ...

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 ...

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On October 3, 2013, the U.S. Fish and Wildlife Service (Service) declined to list (pdf) the Kittlitz’s murrelet (Brachyramphus brevirostris) under the Endangered Species Act. Responding to a petition from the Center for Biological Diversity, the Service concluded after a 12-month finding that, based on the best available scientific and commercial information, listing the species is not warranted at this time.

The Kittlitz’s murrelet is an Alaskan seabird that forages in coastal waters near glacier outflows. The petition to list the species stated that glacier loss due to ...

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In December 2012, the National Marine Fisheries Service (NMFS) published (pdf) a proposed rule to list 66 species of reef-building coral as threatened or endangered under the Endangered Species Act (ESA), and to re-classify two species from threatened to endangered.  At that time, NMFS stated that climate change posed one of the most significant threats to these species.  NMFS has now extended (pdf) the deadline for making a final determination on all 68 species for an additional six months, citing scientific disagreement on the sufficiency, accuracy, and applicability of climate ...

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On September 24, 2013, the U.S. Fish and Wildlife Service (Service) entered into a settlement agreement with the Center for Biological Diversity, requiring the Service to determine whether to list nine species under the Endangered Species Act (ESA). The agreement covers three freshwater species, the bridled darter (Percina kusha, formerly Percina sp. cf. macrocephala), Panama City crayfish (Procambarus econfinae), and Suwannee moccasinshell mussel (Medionidus walkeri), which are found in Georgia, Florida and Tennessee. Bicknell's thrush (Catharus bicknelli), a New ...

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 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 ...

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The U.S. Fish and Wildlife Service (Service) has listed (pdf) the Neosho mucket (Lampsilis rafinesqueana) as endangered and the rabbitsfoot (Quadrula cylindrica cylindrica) as threatened under the Endangered Species Act (ESA).  Both are species of freshwater mussels found in river systems in the eastern half of the United States.

The Service reported that of 16 historical populations of Neosho mucket, only nine remain extant, and of those all but one is declining in numbers.  The Neosho mucket has been extirpated from appriximately 62 percent of its historical range.  ...

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The U.S. Fish and Wildlife Service (Service) has proposed (pdf) listing the Oregon spotted frog (Rana pretiosa) as a threatened species under the Endangered Species Act (ESA).  In addition, the Service has proposed (pdf) designating over 68,000 acres throughout Washington and Oregon as critical habitat for the species.

The Service cited ongoing habitat destruction as the primary threat to the Oregon spotted frog.  Once ranging from British Columbia to northern California, the Oregon spotted frog's historic range has declined by as much as 90 percent due to the filling of ...

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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 ...

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On August 12, 2013, the National Marine Fisheries Service refused to list the alewife herring (Alosa pseudoharengus) and blueback herring (Alosa aestivalis), concluding that based on the best scientific and commercial data available, neither species warranted protection under the Endangered Species Act.  The determinationn was in response to a petition submitted by the Natural Resources Defense Council.  The news was not all bad for the herring, however, as the National Marine Fisheries Service also stated that it will be working with the Atlantic States Marines ...

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The U.S. Fish and Wildlife Service (Service) has proposed (pdf) listing the Graham’s beardtongue (Penstemon grahamii) and White River beardtongue (Penstemon scariosus albifluvis) as endangered species under the Endangered Species Act. In addition, the Service has proposed designating a combined 83,000 acres in Uintah County, Utah as critical habitat for the rare plants.

The two beardtongue species are endemic to oil shale soils, and grow mostly on the Mahogany Ledge in northeast Utah, an area rich in oil shale deposits. The Service has cited oil and gas exploration and ...

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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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