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

On November 16, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) removing the Delmarva fox squirrel (Sciurus niger cinereus) from the list of endangered and threatened species.  Following its 2012 review of the species, the Service concluded that the best available scientific and commercial data indicate the Delmarva fox squirrel is no longer in danger of extinction or likely to become endangered within the foreseeable future.

The Service credits the Delmarva fox squirrel’s recovery primarily to the establishment of new populations of the species through translocations and the overall growth of the range-wide population.  Additionally, the Service concluded that populations have enough suitable habitat to continue expansion and movement between populations.  It also noted that the closing of a Delmarva fox squirrel hunting season reduced mortality and probably enabled populations in some areas to rebuild.

Delmarva fox squirrels occur over a large area and occupy a variety of mature forest types.  Populations of the species now span 10 counties, with a majority residing in Maryland.  More than 80 percent of the species’ home is on private land, so, according to the Service, residents of the Delmarva Peninsula played a major role in the species’ recovery.  In addition, many state laws and programs protect large areas of the species habitat.

States will resume leadership for conservation of the Delmarva fox squirrel.  The species is listed as endangered in Delaware, which has developed a plan to provide for a coordinated framework for conservation actions to increase squirrel populations.  Virginia is anticipated to leave the species’ state listing status as endangered.  Maryland expects to reclassify the Delmarva fox squirrel as a Species in Need of Conservation.

The delisting rule includes a Post-Delisting Monitoring Plan that outlines how the Service and its partners will monitor the species’ populations to ensure they do not decline and require re-listing.  The rule is effective December 16, 2015.

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  • David J. Miller
    Partner

    David Miller assists clients on a variety of complex land use and environment related matters, including matters dealing with the National Environmental Policy Act, Section 4(f) of the Department of Transportation Act, and the ...

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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