Petitions to federally list species as endangered will need to show that state wildlife agencies have been contacted beforehand and include relevant information about what those agencies are doing, the US Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) said as they jointly proposed reforms to the federal Endangered Species Act (ESA) process.
Oil and gas producers have increasingly worked with state and local governments, property owners, and other stakeholders to mitigate identified environmental threats to the greater sage grouse, lesser prairie chicken, sand dune lizard, and other wildlife to make it unnecessary to list them as endangered or threatened under the ESA. Such listings potentially could shut down or severely restrict oil and gas operations.
The proposed rule changes by the US Departments of the Interior and Commerce agencies also would aim to improve science and increase transparency, provide incentives for voluntary conservation efforts, focus limited resources on areas where they would have the most impact, and update policies to increase collaboration between federal and state wildlife management services, FWS and NMFS said May 18.
Several states have moved aggressively already. Colorado Gov. John W. Hickenlooper (D) issued an executive order on May 15 directing state agencies to take additional actions to protect the greater sage grouse. They included increasing coordination with Colorado Parks & Wildlife, launching a market-based habitat exchange, taking inventory of—and improving habitat within—state lands with grouse populations, and strengthening the state Oil & Gas Conservation Commission’s role.
“We firmly believe that state-led efforts are the most effective way to protect and conserve the greater sage grouse and its habitat,” the governor said. “Conversely, a decision by the federal government to list the greater sage grouse under the [ESA] would have a significant and detrimental economic impact to the state, as well as threaten the very state-led partnerships that are working to protect the species.”
‘More nimble, transparent’
“The proposed policies would result in a more nimble, transparent, and ultimately more effective [ESA],” FWS Director Daniel M. Ashe said on May 18. “By improving and streamlining our processes, we are ensuring the limited resources of state and federal agencies are best spent actually protecting and restoring imperiled species.”
Association of Fish and Wildlife Agencies Pres. Larry Voyles, meanwhile, said, “Consistent with the intent of the ESA that listing decisions be based on the best available science, we appreciate the services’ due recognition of, and requirement to, incorporate the data and information of state fish and wildlife agencies for the formulation of listing petitions.”
Eileen Sobeck, assistant administrator for fisheries at DOC’s National Oceanic and Atmospheric Administration, which oversees NMFS’s operations, said, “The ESA has prevented the extinction of many imperiled species, promotes the recovery of many others, and conserves the habitats upon which they depend. But more work needs to be done on all levels. We need everyone's help locally and globally to reverse declining populations and lift species out of danger.”
More specifically, the proposed changes aim to:
• Improve science and increase transparency by strengthening procedures to ensure all information that can be disclosed publicly is relating to proposed listing and critical habitat rule notices is posted online. More rigorous procedures to ensure consistent, transparent, and objective peer-review of proposed decisions also would be adopted.
• Provide incentives for voluntary conservation efforts such as Safe Harbor and Candidate Conservation agreements by updating guidance on using these tools to establish consistent standards; and adopting a policy promoting the use of conservation banking and other advanced mitigation tools.
• Focus limited resources where they will have the most impact with NOAA’s new initiative to concentrate on the eight most vulnerable marine species; proposed revisions in interagency consultation procedures; and updates to the Habitat Conservation Planning Handbook.
• Involve states by updating policies regarding their roles in addition to revising petition regulations to give states opportunities to provide input prior to submissions.
Several oil and gas trade associations did not respond immediately to the proposed changes, but were examining them closely, OGJ was told in response to inquiries on May 18.
The US House Natural Resources Committee scheduled a hearing, “Empowering State Management for the Greater Sage Grouse,” for May 19.
Contact Nick Snow at [email protected].