Volume 22, Issue 4 | April 2012

Editor: Christine Carmichael
Reporter: Will Roberts and Maggie Thomas

Wildlife Policy News is intended to foster the exchange of information about policy issues among Society leaders. The opinions expressed herein are those of the authors and do not necessarily reflect official policy of The Wildlife Society unless so stated. Please share this publication with your colleagues. Contents may be reprinted with credit to Wildlife Policy News. We welcome comments and suggestions for future issues at ccarmichael@wildlife.org.

In this Issue:

• Court Upholds Delisting of Gray Wolves in the West
• BLM Creates Ecosanctuary for Feral Horses
• FWS Seeks Public Comments on Incentives for Voluntary Conservation Actions
• Revised Northern Spotted Owl Habitat Open for Comment
• FWS to Implement New CITES Procedures in U.S.
• Interior Releases Onshore Wind Energy Guidelines
• Government Partnership Aims to Protect Wildlife and Habitat
• NEWS UPDATE
  • Alberta Finalizes Panel to Aid in Environmental Monitoring
  • EPA Petitioned to Ban Lead in Bullets and Tackle
• TWS UPDATE
  • Committee Passes Snake Bill with Amendments

Court Upholds Delisting of Gray Wolves in the West
On March 14, 2012, the Ninth Circuit Court of Appeals upheld a 2011 congressional budget rider that delisted the gray wolf (Canis lupus) from the federal endangered species list in Montana and Idaho and prevented further court review of the vote. The three judge panel unanimously ruled against several environmental organizations who claimed the rider, attached as an amendment to the 2011 Defense Appropriations Act, violated the separation of powers doctrine. The rider, backed by Senator Jon Tester (D-MT) and Representative Mike Simpson (R-ID), marks the first time a science-based federal agency has not been involved in a delisting decision for a listed species. The law returns management authority of wolf populations in Montana and Idaho to state wildlife agencies; however the Fish and Wildlife Service will conduct a minimum of five years of monitoring as required by the Endangered Species Act (ESA). Under this restored authority, both Montana and Idaho offered public wolf hunts in 2011. Many environmentalists believe that gray wolf populations have not yet fully recovered, and therefore delisting of the species was premature. Additionally, many are concerned that this congressional action may set a precedent for future delistings under the ESA.

Sources: Missoulian (March 14, 2012), Celsias (March 16, 2012), Explore Big Sky (March 23, 2012)

BLM Creates Ecosanctuary for Feral Horses
The Bureau of Land Management (BLM) has announced their latest effort to control feral horse populations—ecosanctuaries. A pilot program will be located in Centennial, Wyoming on a 4,700-acre spread called Deerwood Ranch, which will house 250 feral horses. Feral horses have been a contentious issue for the BLM, the federal agency who oversees the management of these animals in the west. There are an estimated 45,000 feral horses in the U.S. The BLM hopes the plan will be financially self-sustainable from the tourism dollars it brings in to the ranchers. The BLM also aims to appease environmental groups by limiting the damage that large herds of feral horses can cause to habitat and agriculture in open areas. Additionally, this plan seeks to increase the amount of private adoptions of these feral horses. If successful, the BLM will allow permits for many more ecosanctuaries of this type. The agency is also taking applications for a possible program in which feral horses can create an ecotourism market on mixed private and BLM-managed lands.

Sources: NY Times (March 14, 2012), BLM (February 24, 2012)

FWS Seeks Public Comments on Incentives for Voluntary Conservation Actions
The Fish and Wildlife Service (FWS) is seeking public input on how to incentivize and increase the frequency of voluntary conservation actions that may benefit candidate or listed species under the Endangered Species Act. Federal agencies recognize the importance of private landowners and working lands to the economy and health of ecosystems and this FWS-led effort is an example of a novel approach to wildlife management that works to make existing conservation tools more effective. Such programs include Habitat Conservation Plans, Safe Harbor Agreements, and Candidate Conservation Agreements with Assurances. Public comments will be accepted until May 14, 2012 and can be submitted online or by mail to:

Public Comments Processing, Attn: FWS-R9-ES-2011-0099
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042-PDM
Arlington, VA 22203 

Sources: Federal Register (March 15, 2012), U.S. Fish and Wildlife Service Virtual Newsroom (March 14, 2012)

Revised Northern Spotted Owl Habitat Open for Comment
The FWS is accepting comments on their proposed revision to designated critical habitat for the northern spotted owl (Strix occidentalis caurina). The northern spotted owl is currently listed as threatened under the Endangered Species Act. Populations began declining with the disappearance of old growth forests in the Northwest. The proposed rule would change the spatial extent of land designated as critical habitat in California, Oregon, and Washington. Public comments on the rule will be accepted until June 6, 2012 and can be submitted online or by mail to:

Public Comments Processing, Attn: FWS-R1-ES-2011-0112
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042-PDM
Arlington, VA 22203

Sources: Federal Register (March 8, 2012)

FWS to Implement New CITES Procedures in U.S.
On March 8, 2012, the Fish and Wildlife Service (FWS) announced its plan to integrate provisions adopted at the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of Parties into U.S. implementation procedures. These administrative changes were approved at the March 2007 and June 2010 Conferences of the Parties. Such revised regulations will help the U.S. to more effectively streamline species conservation efforts and continue to fulfill the nation’s responsibilities under the CITES treaty. U.S. regulations will be changed to reflect a revised scope of regulations, application procedures, and general information requirements for permit applications, among others. Public comments on the rule will be accepted until May 7, 2012 and can be submitted online or by mail to:

Public Comments Processing, Attn: FWS-R9-IA-2010-0083
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042-PDM
Arlington, VA 22203

Sources: Federal Register (March 8, 2012)

Interior Releases Onshore Wind Energy Guidelines
On March 23, 2012 the Department of the Interior (DOI) released an updated edition of Onshore Wind Energy Guidelines. These guidelines, drafted by the U.S. Fish and Wildlife Service (FWS), were crafted with the intent of safeguarding wildlife and habitat from the negative impacts associated with siting, construction, and operation of wind energy development. Although the guidelines are voluntary, FWS officials claim that there will be some incentives to developers who follow these steps in good faith. The FWS and the Wind Turbine Guidelines Advisory Committee, whose members represent federal and state agencies, tribes, the wind industry and conservation groups, took five years to design these final guidelines. The FWS also received input in the form of over 30,000 comments from the public. These guidelines will replace the interim guidelines from 2003 and are organized in a tiered system so that each stage of wind energy projects may be assessed to make sure adequate mitigation, monitoring, and influence on decision-making is taking place throughout the progression of the project. 

Sources: FWS (March 23, 2012), E&E Publishing (E&E Greenwire, March 23, 2012)

Government Partnership Aims to Protect Wildlife and Habitat
On March 8, 2012 Department of Agriculture Secretary Tom Vilsack and Secretary of the Interior Ken Salazar announced a $33 million partnership to secure critical habitat for seven high-risk species (New England cottontail, bog turtle, golden-winged warbler, gopher tortoise, greater sage-grouse, lesser prairie-chicken, and Southwestern willow flycatcher). The program is called Working Lands for Wildlife and stems from President Obama’s Great Outdoors Initiative. The U.S. Fish and Wildlife Service determined the seven species and located their most pristine habitat, while the Natural Resources Conservation Service is providing most of the resources for the initiative from the Wildlife Habitat Incentive Program (WHIP). The two agencies plan to utilize innovative techniques to preserve these landscapes including Habitat Conservation Planning, Safe Harbor Agreements, and Candidate Conservation Agreements with Assurances.

Sources: E&E Publishing LLC (E&E Greenwire, March 8, 2012), FWS (March 8, 2012), NRCS

NEWS UPDATES

Alberta Finalizes Panel to Aid in Environmental Monitoring
Officials in Alberta announced on March 14, 2012 that they have created an independent working group to analyze and decide how to best establish a province-wide environmental monitoring system. This group will also give advice on major aspects of the Canadian province's $50 million oil sands environmental monitoring project. The panel’s first task is to submit a report by June 30, 2012 outlining in more detail the funding sustainability of the group, what the organization structure will resemble, and what expertise the body of individuals will be composed of.

Sources: E&E Publishing LLC (E&E Energywire, March 14, 2012), Government of Alberta

EPA Petitioned to Ban Lead in Bullets and Tackle
On March 13, 2012 one hundred groups representing environmentalists, sportsmen, and wildlife biologists urged the Environmental Protection Agency (EPA) to regulate the use of lead in ammunition and fishing tackle under the 1976 Toxic Substances Control Act (TSCA). The petition cites the Center for Biological Diversity by stating that 3,000 pounds of lead are released into the environment every year, resulting in the deaths of 20 million birds from lead poisoning annually. One species at high risk is the federally endangered California condor (Gymnogyps californianus). Similar petitions regarding lead in ammunition and fishing tackle have been denied in the past by the EPA, including a 2010 petition.

Sources: E&E Publishing LLC (E&E Greenwire, March, 16 2012), E&E Publishing LLC (E&E News PM, March 13, 2012), New York Times (March 15, 2012)

TWS UPDATE

Committee Passes Snake Bill with Amendments
On February 28, 2012 the House Judiciary Committee passed H.R. 511 : To amend title 18, United States Code, to prohibit the importation of various injurious species of constrictor snakes. This bill, sponsored by Representative Thomas Rooney (R-FL), intends to add five species of invasive large constrictor snakes to the Lacey Act’s list of injurious species along with the four listed in early 2012 by the Department of the Interior. However, amendments added to the bill create a number of exceptions and alter the original intent of the listing.

Sources: NECIS (March 6, 2012), Florida Independent (February 12, 2012)