ESA Overhaul

 

Impacts

 

Alabama Crayfish Could Be Early Victim Of Weakened Endangered Species Protections. According to Al.com, “The slenderclaw crayfish is hanging on by a thread in north Alabama. The tiny, 1.5-inch crayfish is currently known to survive in just two creeks near Sand Mountain, burrowing under rocks in shallow, slow-moving waters and snacking on mayflies and caddisflies. The slenderclaw crayfish has been waiting for formal protections from the federal government since 2010, and the U.S. Fish and Wildlife Service has proposed to list the crayfish as a threatened species. That move may not be as protective as in the past, thanks to recently announced changes in how the Trump administration will apply the Endangered Species Act. The crayfish lost most of its original habitat when the Tennessee River was dammed to create Lake Guntersville in 1939, and the population is still dwindling for reasons that are not entirely clear to biologists studying the animal. … While the new rules will not apply to species that are already listed as threatened or endangered, the slenderclaw crayfish is a bit in limbo because its formal protections have been proposed but not finalized. It’s not immediately clear whether it will be ‘grandfathered in’ under the old rules or evaluated under the new standards.” [Al.com, 8/15/19 (=)]

 

Federal Endangered Species Rule Are Changing; These Are Species Found In Pennsylvania. According to Lancaster Online, “This week, the Trump administration said it would change the way the Endangered Species Act is applied. The rules would make it easier to take a species from the endangered list, lower protections for threatened species and consider economic assessments when deciding what deserves protection. Currently, there are 1,663 species of animals and plants protected, including 1,275 on the endangered list and 388 on the threatened list, according to the U.S. Fish & Wildlife Service. Pennsylvania is the home of 16 endangered and threatened species on the federal list. (There are also species regulated by Pennsylvania.) If you spot these, it’s against the law to kill, harm or harassment. … Bog turtle … Clubshell … Dwarf wedgemussel … Eastern massasauga … Indiana bat … Northeastern bulrush … Northern riffleshell … Pink mucket … Piping plover … Rabbitsfoot mussel … Rayed bean … Sheepnose … Shortnose sturgeon .. Small-whorled pogonia … Snuffbox … Virginia spiraea.” [Lancaster Online, 8/15/19 (=)]

 

Missouri Officials: Trump's Rule Change Won't Hurt Hellbender Salamander, Other Endangered Species. According to St. Louis Post-Dispatch, “Three months after Missouri’s Republican-led Legislature and GOP governor made a giant salamander the state’s official endangered species, the Trump administration is moving to weaken how it applies the federal act that protects endangered species like the Eastern hellbender. But, officials at the Missouri Department of Conservation and a hellbender expert at the St. Louis Zoo say they believe the potentially weakened federal protections won’t affect how Missouri oversees endangered species. ‘In general, MDC’s authority over state endangered species is not impacted by changes to the federal law,’ said agency spokesman Joe Jerek. Under the changes ordered by the Republican president, officials for the first time will be able to publicly attach a cost to saving an animal or plant. Blanket protections for creatures newly listed as threatened will be removed.” [St. Louis Post-Dispatch, 8/15/19 (=)]

 

How Changes To The Endangered Species Act Affect Landowners. According to KJZZ, “Announced changes to the Endangered Species Act are expected to go into effect next month. The modifications will be prospective and apply to new additions in the endangered species list. Environmental groups are concerned about the changes, but some observers say the impact is most likely to be incremental. One of those is attorney Paul Weiland, who is a former deputy U.S. Attorney in the Law and Policy section, Environmental and Natural Resources division of the Department of Justice. The Show spoke with him about frustrations some landowners have experienced with the ESA.” [KJZZ, 8/15/19 (=)]

 

Reactions & General Coverage

 

Sen. Blumenthal To Hold Rally On Decimation Of Endangered Species Act. According to WTNH-TV, “Senator Richard Blumenthal and environmental advocates will hold a rally in Rocky Hill to denounce the decimation of Endangered Species Act. According to Senator Blumenthal’s office, the Trump adminstration’s rollbacks to the endangered species act would have a negative impact on Connecticut That rally will take place at 11 a.m. at Rocky Hill Ferry Park.” [WTNH-TV, 8/16/19 (=)]

 

Has The Endangered Species Act Saved ‘Very Few’ Plants And Animals? According to The Washington Post, “Wildlife conservation efforts take many years to work, and the U.S. government’s scientific threshold for a ‘recovered’ species is set high. Focusing on that metric, as Wheeler did, gives an incomplete view of how the Endangered Species Act works. Studies show that 40 percent to nearly half of at-risk species have improved or stabilized their populations under ESA protection. Many of these plants and animals may be delisted one day; some species may never be delisted and still be considered saved. Wheeler described the 47 delisted species out of nearly 2,000 as a low batting average. He said the law ‘hasn’t really been successful in saving very many species’ and also said ‘we’ve recovered very few species.’ Although his comments are technically accurate (especially when he uses the term ‘recovered,’ which is the government’s term for delisted species), the EPA chief leaves out the population gains before species are delisted, which in many cases are substantial. He earns Two Pinocchios.” [The Washington Post, 8/16/19 (+)]

 

Opinion Pieces

 

Editorial: Will Joshua Trees Survive? According to Los Angeles Times, “Just two months ago, scientists released a study warning that climate change and other environmental stressors -- including air pollution from the Los Angeles basin that’s feeding invasive, fast-burning grasses -- are imperiling Joshua trees’ desert habitat. Without policies to reduce rising global temperatures or mitigate their effects, which could include human interventions to secure habitats, the scientists predicted ‘an almost complete elimination of Joshua trees by the end of the century.’ A dire warning, that -- and it’s not the first. Other studies have concluded that the Joshua tree, which grows only in the Mojave Desert at elevations between 2,000 and 6,000 feet, faces likely extinction through the effects of climate change. But on Wednesday, the U.S. Fish and Wildlife Service said, in essence, never mind. In response to a request from the WildEarth Guardians environmental advocacy group, the government determined that there are enough Joshua trees still out there to avoid having to add it to the ‘threatened’ list under the Endangered Species Act (which the Trump administration is gutting), a designation that would give environmentalists more ammunition to protest projects that might add to the habitat’s stress. Species are considered to be threatened if evidence indicates that they are likely to become endangered -- that is, they are facing extinction -- in the foreseeable future. That description seems more than apt for Joshua trees, which propagate only by seed, grow less than three inches a year and take a half-century to mature. The crisis here isn’t with the existing mature Joshua trees so much as it is with seedlings and future trees. A new plant sprouting today -- typically just a few yards from a existing Joshua tree -- won’t cast its first seeds until around 2070, assuming it isn’t killed as a sapling by drought. Climate is changing much faster than that. So what the scientists can see, the Trump administration refuses to. We’ll go with the scientists.” [Los Angeles Times, 8/16/19 (+)]

 

Editorial: Trump’s Birdbrain Plan To Weaken Endangered Species Act. According to The Mercury News, “It’s a birdbrain idea to gut the Endangered Species Act. Yet, President Trump did just that this week, announcing potentially devastating new rules that weaken protections credited with saving the California condor, the bald eagle, the humpback whale and the grizzly bear from extinction. All told, the Endangered Species Act protects more than 1,500 species and plants. It boggles the mind that Trump would take aim at wildlife safeguards now. Not after scientists in May released a United Nations report showing that climate change has put 1 million plant and animal species on the verge of extinction. Oh, right. Trump doesn’t believe in climate change, even though 97 percent of scientists agree humans are a cause. Protecting wildlife was once also a Republican value.Nearly a half-century ago, the Endangered Species Act sailed through Congress with strong bipartisan support, passing 92-0 in the Senate and 390-12 in the House.” [The Mercury News, 8/15/19 (+)]

 

Editorial: Trump’s Evisceration Of Endangered Species Act Is Deadly For Florida’s Wildlife.. According to Tampa Bay Times, “Florida’s endangered and threatened species are in even more danger from the Trump administration’s evisceration of the Endangered Species Act. New rules will make it even easier to push species off the list when the federal government already is thinking about yanking six species in Florida, including the Key deer, even though there are fewer than 1,000 left. The new rules would basically ignore climate change and its threat to already stressed species and their habitat. And they would for the first time allow estimates of the price of protecting a species -- but not the incalculable cost of just letting it die off. The manatee, the Florida panther and the Kemp’s ridley sea turtle are among the best known endangered or threatened species, but there are 131 just in the Sunshine State. Don’t let the Interior Department put a price on their heads. Congress should step in and stop this. Here are a few examples of what’s at stake.” [Tampa Bay Times, 8/15/19 (+)]

 

Editorial: Endangered Species Changes Bad For Isles. According to Honolulu Star Advertiser, “Hawaii’s leaders and environmental advocates have been put on alert that its populations of endangered species will need even more careful protection at the state level, as the federal government seems uncommitted to that mission.” [Honolulu Star Advertiser, 8/15/19 (=)]

 

Editorial: Rules Changes Threaten Protections For Species. According to The Joplin Globe, “Why are we gutting one of the most successful and popular pieces of environmental legislation ever? The U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration on Monday announced changes that will reduce protections for at-risk species under the Endangered Species Act. President Donald Trump’s administration has pursued these changes for years. They are set to take effect starting in mid-September. Consider the accomplishments of the 46-year-old ESA: It saved the bald eagle from extinction. Saved the grizzly bear. Saved the humpback whale. Saved the California condor. Saved the whooping crane and the gray wolf. The law protects more than 1,600 plant and animal species. It has a 99% success rate and has saved an estimated 227 species that likely would have gone extinct since the law’s passage in 1973. Wildlife biologists and environmental groups say the changes will limit protections for many species, will reduce habitat preservation and will reduce the ability to respond to environmental and climate challenges. Again, in the wake of a U.N. climate report that found a million species are threatened with extinction — why?” [The Joplin Globe, 8/15/19 (=)]

 

Op-Ed: Endangered Bear Confident It Would Not Be Treated This Way If It Were Only A Person. According to The Washington Post, “An endangered grizzly hearing of the rollback of the Endangered Species Act told a gathered crowd of reporters that it was confident it would not be treated this way if only it were a human being. The bear said it could not imagine the United States subjecting anyone to this and urged regulators to think of it as a fellow human, in need of protection. Imagine, the bear urged, that these were not bears, mollusks or manatees but people who had come here seeking a place of refuge. How would the United States respond then? A peregrine falcon agreed: ‘If a person came here who was being hunted and threatened and was in need of a safe place to raise a family, the United States would never force them to move. I understand that I am only a bird. I know that is why they are letting this happen. I wish I were a human who had chosen this place as a refuge — then they would not just throw me out.’” [The Washington Post, 8/14/19 (+)]

 

Op-Ed: The Trump Administration Is Pushing Wildlife To The Brink Of Extinction. According to Newsweek, “This is the worst possible time to be undermining our federal wildlife laws.We need stronger, bolder and more ambitious laws, visionary courageous leadership and adequate resources to give ourselves a fighting chance to head off the sixth mass extinction. We need to stop and even reverse habitat loss, the leading cause of declines. We need to ensure overharvest, especially in the marine environment, is a thing of the past. And as one of the top drivers of biodiversity decline, now and in the future, addressing climate breakdown should be a priority. Almost half of all terrestrial mammals and one-quarter of threatened birds have likely already been negatively affected by climate change. While reducing greenhouse gas emissions and adapting to the impacts of climate change are immensely challenging, we can and should do it in a way that produces both economic growth and solutions to protect our deteriorating planet. There is no time to waste. The Endangered Species Act is our nation’s most successful policy to save imperiled species—their lives literally depend on it. Given the inextricable linkage through our dependence on nature, our lives depend on it as well. America needs Congress and this administration to step up to address climate change and other threats to ensure species on the brink of extinction are saved and thrive for future generations to enjoy.” [Newsweek, 8/15/19 (+)]

 

Op-Ed: Now Endangered: The Very Act That Protects Wildlife. According to Phys.org, “The Trump administration recently announced a proposal that would gut the Endangered Species Act. The news follows in the wake of a report from the United Nations earlier this year that more than 1 million plants and animals around the world face extinction, some within decades, owing to human development, climate change and other threats. Mark Urban, director of UConn’s Center of Biological Risk, and associate professor of ecology and evolutionary biology, explains what the change would mean for America’s wild animals and plants.” [Phys.org, 8/15/19 (+)]

 

Op-Ed: Endangered Species: A Need For Wisdom. According to Yankton Daily Press & Dakotan, “The ESA’s value is in the eye of the beholder. The act has been credited for saving or preserving 99 percent of the species that are listed for protection, but critics note that only about 1 percent of the species have been de-listed from protection, which they say brings into question the ESA’s overall effectiveness. Critics also rail that the ESA prioritizes animals over people by sometimes handcuffing business interests ranging from ranchers to oil producers, who want a freer hand to operate as they did in the ‘untampered’ pre-ESA days — which, of course, is what helped necessitate the ESA in the first place. Nevertheless, saving endangered species is a vital undertaking for, among other things, human survival. The administration’s new rules come in the wake of a United Nations report that says nearly 1 million species may face extinction in the coming decades due to human activity. The report opened with these ominous words: ‘Nature is declining globally at rates unprecedented in human history — and the rate of species extinctions is accelerating, with grave impacts on people around the world now likely …’ What must humanity do to reverse this grave trend? Well, probably not what we’re doing this week with the ESA.” [Yankton Daily Press & Dakotan, 8/15/19 (+)]

 

Endangered Species

 

Species Listing

 

FWS To Consider Protection For Lake Sturgeon. According to E&E News, “The Fish and Wildlife Service announced that it is considering Endangered Species Act protections for the lake sturgeon. In a series of findings published in today’s Federal Register, FWS concluded that a 2018 petition submitted by the Center for Biological Diversity addressed clear scientific and commercial threats facing the fish, which is mainly found in the Great Lakes region. If the challenges facing the species hold up under a FWS scientific status review, the agency may propose threatened or endangered status for the massive lake sturgeon. The sturgeon join a roster of more than 500 species awaiting decisions based on such reviews, but CBD remains hopeful. In a statement released by CBD, Jeff Miller, the group’s senior conservation advocate, called the announcement ‘a big, positive step for lake sturgeon,’ insisting that the fish ‘need even stronger protections if they’re going to survive.’ ‘These behemoth fish are a bellwether for the health of the Great Lakes and Mississippi River,’ said Miller. ‘We need to protect their spawning rivers and other habitats to ensure they’re not lost forever to extinction.’” [E&E News, 8/15/19 (=)]

 

U.S. Fish And Wildlife Service Reports The Tri-Colored Blackbird And Joshua Tree Does Not Warrant Listing Under The Endangered Species Act. According to Sierra Sun Times, “The U.S. Fish and Wildlife Service has completed in-depth reviews of two species, the Tri-colored blackbird and Joshua tree. For both species, we determined that listing is not warranted. Ongoing partnerships and management of public and private lands are helping to ensure the long-term conservation of these species. The Service determined the Tri-colored blackbird does not warrant listing under the Endangered Species Act due to on-going conservation efforts with a number of partners that have enabled the species to remain resilient. We determined there are two species of Joshua tree - Yucca brevifolia and Yucca jaegeriana; both of which are commonly referred to as Joshua tree. We analyzed both taxa and determined neither species needs protection under the ESA because species distribution mapping shows there has been no major reduction or contraction in Joshua tree populations during the last 40 years. We looked at a variety of factors including: wildfire, drought, and climate change.” [Sierra Sun Times, 8/15/19 (=)]

 

AP | FWS Suggests Delisting Tiny Key Deer. According to E&E News, “The federal government is proposing to strip the tiny Key deer of its endangered species status despite what environmentalists say are continuing threats to the animal due to development in the Florida Keys, its only known habitat. The deer is America’s smallest, growing to about 30 inches at the shoulder, and has become a tourist attraction in the Keys. Its numbers are estimated at about 600, up from as low as a couple dozen in the 1950s. The Fish and Wildlife Service says its studies show there are no more significant threats to the deer, and has set a public forum Aug. 22 in the Keys on removing the deer from the endangered species list. Environmental groups say stripping the deer of endangered status would leave it at the mercy of further human development and sea-level rise. Alicia Putney, former president of the Key Deer Protection Alliance, said she was shocked that the deer might be delisted.” [E&E News, 8/15/19 (=)]

 

Misc. News

 

Mountain Valley Pipeline Voluntarily Suspends Construction That Could Harm Endangered Species. According to Virginia Mercury, “Mountain Valley Pipeline, LLC has voluntarily suspended all construction activities that could negatively impact four endangered or threatened species, according to a letter the company submitted to the U.S. Fish and Wildlife Service and the Federal Energy Regulatory Commission Thursday. The developer of the controversial pipeline through West Virginia and Virginia wrote that it had undertaken the suspension in response to a letter submitted by the Sierra Club to the Fish and Wildlife Service earlier this week asking that the agency reverse its permit for the project. The Sierra Club had asked that the Fish and Wildlife Service respond to its request no later than Aug. 15. At the same time the conservation group and six other environmental organizations filed a petition with the U.S. Court of Appeals for the Fourth Circuit to review the permit. The Fourth Circuit previously vacated a key permit allowing the Mountain Valley Pipeline to cross U.S. Forest Service land and has also struck down permits related to the Atlantic Coast Pipeline.” [Virginia Mercury, 8/15/19 (=)]

 

Local Entomologist Working To Preserve Endangered Monarch Butterfly Species. According to WJZ-TV, “Monarch Butterflies are at risk of becoming endangered. Conservation advocates say a number of factors are causing their steep decline, including habitat loss on farmland. One Maryland woman is working day by day to restore the wind beneath their wings by growing milkweed in her Greenbelt yard. Laura Moore is passionate about the ecosystem, she grows three types of milkweed to raise Monarch Butterflies. ‘They’re close to endangered, so if bringing some in and increasing the survival rate will help, then hey,’ Moore said. Moore’s mission to save them is a grassroots effort. ‘It’s just kind of a fun way to get people excited about it,’ Moore said. ‘I’ve given caterpillars to people to raise on their own, and that gets their kids excited. I’ve given a bunch of milkweed away because that’s really the best way.’ Moore said the loss of milkweed is the biggest reason Monarch Butterflies could be wiped out. ‘You don’t have Monarchs without milkweed,’ Moore said. Recent changes to the Endangered Species Act could remove automatic protections for threatened species.” [WJZ-TV, 8/15/19 (=)]

 

AP | FWS Investigates Death Of Mexican Gray Wolf. According to E&E News, “Wildlife managers are investigating the death of a Mexican gray wolf found last month in New Mexico. The Fish and Wildlife Service said yesterday the endangered wolf belonged to the Whitewater Canyon pack, which has been roaming in the north-central area of the Gila National Forest. Officials say there have been seven documented wolf mortalities between January and June. They initially reported eight. Survey results released earlier this year indicated there were at least 131 wolves in the mountain ranges spanning southwestern New Mexico and southeastern Arizona. A subspecies of the Western gray wolf, Mexican wolves have faced a difficult road to recovery that has been complicated by politics and conflicts with livestock.” [E&E News, 8/15/19 (=)]

 

International Conference Holds Wildlife Trade In The Balance. According to E&E News, “Sea cucumbers could feel some love at the World Wildlife Conference that starts Saturday in Geneva. The heavily harvested marine animals could also give the Trump administration a chance to polish its own messy environmental reputation, as the U.S. delegation urges the conference’s 182 other participating nations to add trade protections for three sea cucumber species. ‘That’s great,’ Elly Pepper, deputy director of the Natural Resources Defense Council’s Wildlife Trade Initiative, said with a little laugh. ‘Sea cucumbers are in a world of hurt.’ So are other species, which is why so many delegates and kibitzers will flock to the airport-area convention center for what’s formally called the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES (Greenwire, June 13). The CITES conference is the first of its kind since 2016, during the Obama administration. Now the 50 or so official U.S. attendees are being led by Trump appointees: the assistant Interior secretary for fish and wildlife and parks, Rob Wallace, and the principal deputy director of the Fish and Wildlife Service, Margaret Everson. Between Saturday and Aug. 28, the delegates will, among other duties, consider 56 proposals that governments have submitted for changing the levels of protection afforded to over 500 species of mammals, birds, reptiles, amphibians and plants.” [E&E News, 8/15/19 (=)]

 

Wildlife & Conservation

 

EPA Walks Back Use Of 'Cyanide Bombs' To Protect Livestock From Wild Animals. According to The Hill, “The Environmental Protection Agency (EPA) is backtracking on a controversial proposal to allow the use of cyanide bombs to kill wild animals in an effort to protect livestock. EPA officials had made the change in a recent interim decision, authorizing the use of M-44 chemical trap devices to manage populations of coyotes, foxes and other wild animals. But the decision last week immediately lead to an outcry from environmental groups who called it inhumane. They also said it can be risky for humans and cause injury. ‘This issue warrants further analysis and additional discussions by EPA with the registrants of this predacide,’ EPA Administrator Andrew Wheeler said in a statement. ‘I look forward to continuing this dialogue to ensure U.S. livestock remain well-protected from dangerous predators while simultaneously minimizing off-target impacts on both humans and non-predatory animals.’” [The Hill, 8/15/19 (=)]

 

EPA Puts Brake On Decision To Use Cyanide ‘Bombs’ Against Wildlife. According to Bloomberg, “The EPA said Aug. 15 it is reconsidering a decision allowing the use of so-called cyanide bombs against predators that prey on livestock and endangered animals. The Center for Biological Diversity and other environmental groups in 2017 petitioned the Environmental Protection Agency to ban the sodium cyanide capsules, but the EPA denied the petition in 2018. These capsules, used in M-44 ejector devices, detonate when touched, and are used to control foxes, coyotes, and dogs that can kill or harm livestock and other animals. But they can also have unintended victims.” [Bloomberg, 8/15/19 (=)]

 

Nevada I-80 Wildlife Crossings Win Environmental Award. According to Associated Press, “The Federal Highway Administration has issued an environmental excellence award to state wildlife and transportation officials for creating wildlife safety crossings on special highway overpasses in northeast Nevada. The award recognizes nine safety crossings installed on Interstate 80 in Elko County between Wendover and Wells, and U.S. Highway 93 north of Wells to reduce potentially dangerous vehicle-animal collisions. The overpasses are covered with native soil and vegetation to replicate the natural environment and encourage crossing by mule deer, elk and other animals. Nevada’s departments of transportation and wildlife worked together to identify the most critical deer migration and roadway-crossing points, including GPS collars to track the migratory movements of hundreds of deer. In total, roughly 60 miles (96 kilometers) of eight-foot-high (2.5-meter-high) wildlife fencing was installed on both sides of the roadway to help direct animals to the crossings.” [Associated Press, 8/15/19 (=)]

 

AP | Government Delays Barrier Construction In Ariz. According to E&E News, “The federal government is delaying construction on parts of the border fence in Arizona because it’s still working on design plans. Attorneys said in a court filing late Tuesday that plans to replace waist-high barriers this month with taller fencing in a wildlife refuge, national monument and conservation area are being delayed until October. Authorities plan on using Defense Department funds under President Trump’s emergency declaration. The Center for Biological Diversity last week asked a federal judge to halt work on 68 miles of border wall, saying the government unlawfully waived dozens of laws (E&E News PM, Aug. 6). Environmentalists say the new barriers will damage wildlife habitat. The government says the replacement fencing is crucial to national security. It will proceed with construction on a 2-mile stretch near an official border crossing beginning next week.” [E&E News, 8/15/19 (=)]

 

 

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