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Browsing the archives for the Endangered Species Act category.

John Cornyn Introduces Endangered Species Act Settlement Reform Act

Endangered Species Act

http://kfyo.com/john-cornyn-introduces-endangered-species-act-settlement-reform-act/

 

by Cole Shooter Yesterday

Texas U.S. Senator John Cornyn has introduced legislation to prevent abuse of Endangered Species Act litigation.

Cornyn introduced the Endangered Species Act Settlement Reform Act, which will give impacted local parties a say in the settlement of litigation between special interest groups and the Fish and Wildlife Service.

“ESA litigation abuse has shut out those folks most affected by the kind of closed-door settlements we’ve seen,” said Cornyn. “My bill opens up the process to give job creators and local officials a say.”

Cornyn says that the bill adds protection for American citizens from the regulatory impact of closed-door litigation settlements between special interest groups and the Fish and Wildlife Service.

In 2011, two environmental groups settled multi-district litigation with the FWS that resulted in a “work plan” for the agency to make endangered species list determinations for hundreds of species, and the settlement also required taxpayers to pay the plaintiffs’ litigation fees.

The suits were brought against the FWS because it failed to meet certain statutory deadlines after being flooded with requests to list hundreds of species.

Cornyn’s office says that Closed-Door ESA settlements not only threaten unwarranted regulation, but give plaintiffs undue leverage over local land owners, businesses, and elected officials in the conservation process.

No Comments

Bird nest halts construction of Willits bypass

Endangered Species Act, Over-regulations

By MELODY KARPINSKI THE PRESS DEMOCRAT

Published: Wednesday, February 27, 2013 at 6:26 p.m.

Last Modified: Thursday, February 28, 2013 at 1:54 p.m.

The construction of the controversial Willits bypass off Highway 101 has stuttered after the discovery Monday of a bird nest that interfered with the first day of construction.

While two bird nests were discovered on the site, Caltrans officials suspected the first was man-made. Discovery of the second nest later in the day caused Caltrans to voluntarily suspend construction while it undergoes analysis by a state Department of Fish and Wildlife environmental scientist, said Phil Frisbie, a Mendocino County Caltrans official.

The bypass project has been met with opposition from environmental groups and local businesses, and prompted a 24-year-old Willits woman to stage a tree-sit protest. Environmental groups have said that Caltrans is out of compliance with the federal Migratory Bird Protection Act.

“Our main concern is that this is the migratory season,” said Sara Grusky, a leader of the group Save Our Little Lake Valley, which is protesting the bypass. “They shouldn’t be allowed to remove that vegetation.”

Caltrans will not remove further vegetation pending re-evaluation of the area in conjunction with the Fish and Wildlife department, Frisbie said.

“We are working with them to make sure we are meeting with all state and federal regulations,” Frisbie said.

Prior to the discovery of the nest and the need for re-evaluation, Frisbie maintained that Caltrans followed the law and remained within their permit constraints.

http://www.pressdemocrat.com/article/20130227/ARTICLES/130229579/1350?Title=Bird-nest-halts-construction-of-controversial-Willits-bypass

1 Comment

Court rejects Alaska bid to remove polar bear from threatened list

Endangered Species Act

PNP comment: Bummer, there are many more polar bears in Alaska than there were 20 years ago. Seems impossible to get an animal off the ESA! I think it is by design. — Editor Liz Bowen

                    Published: March  1, 2013

            By Sean Cockerham — Anchorage Daily News

WASHINGTON — A federal appeals court has rejected the state of Alaska’s attempt to remove polar bears from the threatened species list.

Friday’s decision by the U.S. Court of Appeals for the District of Columbia has major implications, because polar bears were the first species to be listed solely on the basis of threats to their survival from global warming.

The D.C. appeals court affirmed a lower court ruling supporting the U.S. Fish and Wildlife Service’s decision to put polar bears on the federal threatened list.

Polar bears are not today on the brink of extinction. But the Fish and Wildlife Service says melting sea ice means two-thirds of the world’s polar bears could be gone by 2050. The appeals court ruled Friday that the Fish and Wildlife Service did a careful and comprehensive analysis before deciding the bears deserve protection.

“Its scientific conclusions are amply supported by data and well within the mainstream on climate science and polar bear biology,” said the ruling, which was written for the court by Judge Harry Edwards.

The court said there’s no dispute that sea ice is melting. The ice reached a record low this summer, according to the National Snow and Ice Data Center. Polar bears spend much of their lives hunting seals from sea ice.

The Fish and Wildlife Service said the anticipated further loss of sea ice habitat will make it harder to find food and force the bears to swim tremendous distances between ice, putting them at risk for drowning.

The D.C. appeals court said the agency considered what’s already happening in areas where the sea ice loss has been most severe, such as a population decline in the Western Hudson Bay population of polar bears.

The state of Alaska had joined with hunting groups and others in fighting the threatened listing. The appeals court said Friday that several of the challenges “rely on portions of the record taken out of context and blatantly ignore FWS’s published explanations.”

Other challenges amount to just competing views about policy and science, the appeals court said, adding that it defers to the Fish and Wildlife Service on those.

In a written statement, the state Department of Law said, “We are disappointed in the decision and concerned about its implications for the listing of currently healthy species based solely on speculated threats in the distant future … The ability to list species based solely on speculated threats in the distant future needlessly federalizes species and their landscapes and places unnecessary and costly regulatory burdens on responsible development opportunities.”

Read more here: http://www.adn.com/2013/03/01/2807918/court-rejects-alaskas-bid-to-remove.html#storylink=cpy

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Unalaska fights back against attacking eagles

Endangered Species Act, Wildlife

   Published: January 31, 2013

Anchorage

              Unalaskans continue to do battle with dive-bombing eagles that are defending nests on the cliff faces in the Aleutians city. In the past, people injured by eagles from a nest right outside the Iliuliuk health clinic didn’t have far to walk to get medical attention. But that nest was one of two that were destroyed last week, reports KUCB.

 

The intrepid eagle vanquisher’s name is Mikel Saunders. He’s not an eagle nest removal specialist, or even a wildlife expert. Normally he does blasting work for the company that’s clearing the site for Unalaska’s new wastewater treatment plant, but for the past week, he’s been applying those skills to demolishing eagle nests – starting with the clinic one.

“All of the nesting debris — all of that went down over the edge of the cliff,” Saunders says. “And then we actually pried the rock outcropping right off. So it’s no longer a ledge, it’s a lot steeper. And then we brought wire in and actually meshed the area where the outcropping used to be so that nothing could land.

Because of the difficulty in getting permits and the expense of removing eagle nests, two other nests from which eagles have been launching attacks — one of them near the post office — remain in place.

Read more at KUCB: City removes two bald eagle nests

Read more here: http://www.adn.com/2013/01/31/2772414/unalaska-fights-back-against-attacking.html#storylink=rss#wgt=rss#storylink=cpy

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Siskiyou Waters Users responds to odd statements from DFG

Dept. Fish & Game, Dr. Richard Gierak, Endangered Species Act, Siskiyou Water Users Assoc

                        KBRA – KHSA- KLAMATH DAM REMOVAL BASED ON COHO SALMON RECOVERY PLANS

Coho recovery plans are based on the opinion by NMFS and California Fish & Wildlife that Coho were native to the Klamath Basin.

    NOAA, NMFS and California Fish & Wildlife have all illegally listed Coho Salmon in the Southern Oregon ESU and the Northern California ESU as this species is a non-indigenous species and is a violation of the Endangered Species Act. The Karuk and Shasta Tribes have both confirmed that this species was never present until they were planted in 1895. Genetic analysis in the Klamath River indicate their origin is from the Willamette River in Northern Oregon. Genetic analysis in the Rogue River indicate their origin is from the Columbia River in Northern Oregon.

Mr. Bonham of California Fish & Wildlife has issued a letter indicating that their efforts and cooperation of ranchers were responsible for the large Salmon runs in 2012

    This is a very cleverly written letter which lauds the work of our Siskiyou Ranchers on improving habitat for the Coho. What is not mentioned is that the volume of Salmon returns are dependent on the temperature of the Pacific Ocean. A drop in temperature over the last two years was the true deciding factor in the numbers of Salmon in 2012 as confirmed by NMFS, NASA and SCWUA. A historic rise in temperature in the Pacific Ocean from 1970 to 2009 was as a result of historic activity within the Pacific Ocean.

Coho recovery plan calls for control of water flows in the Klamath Basin for the benefit of Coho Salmon.

    Klamath Basin Area Office of the Bureau of Reclamation Fisheries Research division model study indicating that changes in BOR controlled Klamath flows are insignificant to the life cycle of ‘endangered’ Coho salmon as confirmed by credible Biologists in both NMFS and SCWUA.

Coho recovery plans predict increase in future runs of Salmon in the Klamath Basin

    (Klamath Basin Area Office of the BOR) Fisheries Research division documents clearly indicate that the Klamath Project to remove dams could decimate future Salmon runs in the Klamath Basin. This statement also corroborates scientific data gathered by the Siskiyou County Water Users Association and other involved groups. This is further elucidated in the DOI EIR documents.

Removal of four hydroelectric dams on the Klamath River will allow for increased spawning grounds for Salmon species per NMFS and California Fish & Wildlife.

    BOR documents point out that the 20 million cubic yards of sludge from removing the dams contain toxic levels of Mercury, Chromium, Zinc and Antimony which could decimate not only Salmon, but, 34 other species that depend on the quality of water in the Klamath River.

Consequence of Dam Removal on the Klamath River.

    Perhaps it is difficult to understand that both Iron Gate and Copco Reservoirs have been evaluated and are said to contain biomass quantities of Yellow Perch and Yellow Crappie by California Fish and Wildlife. Should these two species be allowed to have access to present Salmon spawning grounds they would consume all of the Salmon eggs laid and the viability of sustaining Salmon runs will likely be terminated within five years.

     The entire premise of removing the dams to allow Salmon to return to “historic” spawning grounds was based on conditions prior to 1918. At that time there were no Perch or Crappie to feed upon the spawning Salmon eggs nor did Salmon spawn above the present location of Copco 1 Dam.It is also to be noted that removal of dams or the addition of fish bypass around the dams would also introduce a plethora of diseases that Salmon carry and would substantially put at risk species that have been isolated from Salmon for the last 95 years above the dams.

Conclusion based on scientific data from BOR, NMFS and SCWUA

    Dam removal for an illegal listing is a travesty and listing of Coho Salmon in Southern Oregon and California ESU’s must be removed to halt this insanity.

Respectfully submitted;

Richard Marshall

President, Siskiyou County Water Users

Dr. Richard Gierak

Science Officer, SCWUA

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Residents of polar bear-besieged Canadian village cry out for more hunting

Endangered Species Act

PNP comment: Polar Bears were listed to the federal ESA several years ago, because their “habitat was declining” (you know the Global Warming HOAX), but the population continues to increase! Go figure. — Editor Liz Bowen 

  Anchorage  Daily News.com

                          The school in Arviat, Nunavut, Canada.

            ERIC ANOEE — Wikimedia Commons

Polar bear season used to be an autumn thing in Arviat, an Inuit village in southern Nunavut on Hudson Bay. But changes in sea ice brought on by climate change mean polar bears now  show up any time of year in Arviat. Frightened residents say bears have stalked them, peered in their windows and killed their sled dogs. But scientists and the Canadian government, fearing the bears are endangered by global warming, are reluctant to take drastic action to protect what is perhaps the most bear-besieged community in Canada. Villagers say there are plenty of healthy polar bears and more hunting is needed.

In private, many scientists dismiss [villager] views as folklore, and some environmentalists suspect the motives of the Inuit because they can sell bear hunts to wealthy foreign hunters for up to $40,000 apiece. (The community of Arviat has voted to keep its annual quota of nine bears for local Inuit hunters.) Some bear scientists also suggest that the “perceived increase” of polar bears is actually caused by stressed, hungry bears wandering into communities. As Professor Derocher puts it, “Some of these bears we think have been pushed off the ice early, away from their primary prey, so they get desperate.” Inuit hunter Darryl Baker scoffs at this contention. “Most of the bears coming into Arviat are fat and healthy. I skinned the bear that stalked my daughter last spring, and it had lots of fat on it.”

In 2012, the Nunavut government conducted a long-awaited census of western Hudson Bay polar bears and came up with 1,013 animals, or about twice as many as the number projected by Environment Canada. Dr. Mitch Taylor, a lifelong polar bear scientist who, at times, has been ostracized by his peers for insisting that polar bear populations are generally stable, took some satisfaction from the results. “The Inuit were right. There aren’t just a few more bears. There are a hell of a lot more bears.”

Read more at UpHere magazine: Besieged by bears

Read more here:

http://www.adn.com/2013/01/17/2756174/residents-of-polar-bear-beseiged.html#storylink=rss#wgt=rss#storylink=cpy

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Marin at center of new federal plan to restore coho populations

California Rivers, Dept. Fish & Game, Endangered Species Act

 PNP comment: What a waste of $1.5 billion. And why isn’t DFG Director Chuck Bonham praising Scott Valley ranchers, when our coho return in 2011 was 360 — a 10-fold increase. Come on!  Where is the appreciation! — Editor Liz Bowen

By Mark Prado Marin Independent Journal

Posted:   01/14/2013 06:17:26 PM PST

Tom Cronin, left, facilities and watershed division manager for the Marin Municipal Water District, speaks to a group of fish officials at the Leo Cronin Viewing Area on Monday, Jan. 14, 2013, in San Geronimo, Calif. The officials toured the area as part of a discussion of issues facing Coho salmon. Leo Cronin was Tom CroninÕs father. (IJ photo/ Frankie Frost)
Frankie Frost

Click photo to enlarge

Tom Cronin, facilities and watershed division manager for the Marin Municipal Water District,…

LOCAL, STATE and federal officials and biologists gathered Monday in the San Geronimo Valley to celebrate a plan that aims to recover coho salmon populations in Marin and throughout the Central and North Coast of California.

The National Oceanic and Atmospheric Administration’s Fisheries Service has finalized the plan that will serve as a road map for restoring the endangered central and northern California coho salmon — Oncorhynchus kisutch — to coastal rivers and streams along the state’s coast, including Lagunitas Creek in Marin.

A red ribbon on a tree marks a fish spawning area on Lagunitas Creek at the Leo Cronin Viewing Area on Monday, Jan. 14, 2013, in San Geronimo, Calif. Officials toured the area as part of a discussion of issues facing Coho salmon. (IJ photo/Frankie Frost)
Frankie Frost

“You still are one of the few salmon strongholds,” Chuck Bonham, director of the state Department of Fish and Wildlife, told the gathering of more than 100 people at the San Geronimo Valley Golf Course.

The ambitious federal plan — which became final in September — aims to restore coho over 50 to 100 years and would cost about $1.5 billion to implement all its actions.

“It’s little pieces at a time to get it done,” said Rod McInnis, regional director of the  fisheries service. “We are at a particularly precarious spot in their status. We can achieve populations that are self-sustaining and not on the brink of extinction, and that’s where we need to go.”

In the past 50 years the fish have had a difficult time overcoming the natural perils of drought, poor ocean conditions and predation as well as human impacts such as development around creeks and streams.

The plan identifies specific actions that can be taken around the state, including in local watersheds, such as Lagunitas, Walker, Redwood and Pine Gulch creeks.

Among the steps suggested in the plan: increase spawning, pool and channel habitats; remove barriers; increase the amount of wood in streams; improve shade to cool streams; decrease the number of roads near streams, and reduce the impact of remaining roads.

While the plan does not provide money, it will enable local agencies and groups such as the Marin Municipal Water District, the Salmon Protection and Watershed Network, Marin County agencies and others, to get funds, officials said.

“The coho’s time is not up and we are the people to give the coho a chance to recover,” said Brian Stranko, regional director of the Nature Conservancy, which helped shape the plan, adding that recent efforts have paid off. “We have seen fish return to places they have not been seen in decades.”

Coho salmon were once abundant in the tributaries along the central California coast, from Aptos Creek near Santa Cruz in the south, to Punta Gorda above Fort Bragg in the north. Historical records estimate populations were as high as 400,000 as late as the 1940s.

Gregory Andrew with the Marin Municipal Water District guides a busload of fish officials into the Leo Cronin Viewing Area on Monday, Jan. 14, 2013, in San Geronimo, Calif. The officials toured the area as part of a discussion of issues facing Coho salmon. (IJ photo/ Frankie Frost)

But as human population and development increased along the desirable coastal areas, coho numbers plummeted to fewer than 6,000. In 2009, just 500 fish were counted in the region. The federal government listed the species as threatened in October 1996 and in June 2005 it was re-listed as endangered.

Marin’s Lagunitas watershed has one of the largest remaining populations of wild coho salmon in Northern California, though the fish virtually vanished in the county three years ago. But this winter the coho’s migration from the ocean has been on the upswing.

So far 350 coho salmon have been seen this winter in the Lagunitas Creek watershed, along with more than 200 redds, or egg nests. The redds seen this winter represent a four-fold increase from three years ago. This winter’s run also is the largest count since the winter of 2006-07.

http://www.marinij.com/westmarin/ci_22373595/marin-at-center-new-federal-plan-restore-coho

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Judge tosses Alaska polar bear habitat designation

Endangered Species Act, Federal gov & land grabs

PNP comment: Wow,  federal judge worth his salt! Nice to see a sensible ruling on critical habitat, which is nothing but a land grab for the feds. — Editor Liz Bowen  

        By BECKY BOHRER — Associated Press

 Published: January 11, 2013

      JUNEAU, Alaska — A federal judge in Alaska has thrown out a plan designating more than 187,000 square miles as habitat for threatened polar bears.

U.S. District Judge Ralph Beistline, in a written order dated Thursday, said the designation was too extensive and presented “a disconnect between the twin goals of protecting a cherished resource and allowing for growth and much needed economic development.” He sent the matter back to the U.S. Fish and Wildlife Service to correct “substantive and procedural deficiencies.”

The federal government declared the polar bear threatened under the Endangered Species Act in 2008, citing melting sea ice. The move made the polar bear the first species to be designated as threatened under the act because of global warming.

A designation of critical habitat was required as part of a recovery plan, and more than 187,000 square miles in and near the Beaufort and Chukchi seas – an area larger than California – was set aside.

A coalition of Alaska Native groups, oil and gas interests and the state of Alaska sued, calling the designation an overreach.

Beistline, in his order, said that Fish and Wildlife Service’s decision didn’t comply with a requirement under the law that critical habitat include physical or biological features essential to the conservation of the species. The agency didn’t show that two of the land units had all the required features, the judge said.

Alaska Gov. Sean Parnell hailed the decision.

“The Fish and Wildlife Service’s attempt to classify massive sections of resource-rich North Slope lands as critical habitat is the latest in a long string of examples of the federal government encroaching on our state’s rights,” he said in a statement. “I am pleased the State of Alaska was able to fight off this concerted effort to kill jobs and economic development in Alaska.”

Bruce Woods, a Fish and Wildlife Service spokesman in Alaska, declined comment, saying the agency had just learned of the decision Friday afternoon and was still reviewing it.

Alaska Attorney General Michael Geraghty said protecting polar bears “is a priority for us all, but such measures must carefully comply with the requirements of the statute.”

U.S. Sen. Lisa Murkowski, R-Alaska, said Beistline made the right decision, calling the bear populations “abundant and healthy.”

“The only real impact of the designation would have been to make life more difficult for the residents of North Slope communities, and make any kind of economic development more difficult or even impossible,” she said in a statement.

Read more here:

http://www.adn.com/2013/01/11/2749604/judge-vacates-polar-bear-habitat.html

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Rio Grande River and Klamath River experience same issues: ESA over-regulations

Endangered Species Act, Klamath River & Dams

http://www.abqjournal.com/main/2012/12/23/blogs/nm-science/is-this-going-to-be-another-klamath.html

“Is this going to be another Klamath?”

December 23, 2012

By John Fleck

The Albuquerque Journal aka ABQJournal

One of the members of my water management brain trust – talking to me Friday about the rising tension over the Endangered Species Act, the Rio Grande Silvery Minnow, and water management in the middle valley where we all live – said the core question is this: “Is this going to be another Klamath?”

The Klamath River, on the Oregon-California border, was the site of a bitter battle a decade ago “where many farmers on one of the oldest reclamation projects lost nearly their entire water supply in the drought year of 2001,” as University of New Mexico law professor Reed Benson [aka Reed D. Benson] wrote recently in a helpful overview of management of ESA conflicts on rivers in the western United States.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2153868

I took at look at the ESA-Rio Grande issues in this morning’s newspaper. To say there’s a possibility that this could be “another Klamath” is not to say that farmers and cities using the Rio Grande could lose their water supplies, as happened in 2001 on the Klamath. But it does suggest the very real possibility for serious conflict in the coming year.

http://www.abqjournal.com/main/2012/12/23/news/balancing-people-ecosystem.html

The story’s hook is a survey done in October, part of an effort at duplicating routine sampling at the same time and in the same places year in and year out to get an idea of minnow population trends. The graph at the right (source this pdf) shows the problem. I left it out of the newspaper because explaining a logarithmic Y axis seemed more trouble than it’s worth for the newspaper audience. There’s also a significant argument about sampling methodology that’s would’ve been a distraction in a newspaper article from what I think the basic message here is: the line drops drastically in 2012. The minnow is not doing well.

And, as biologist Jim Brooks said in my story, “If you don’t have water in the river, you don’t have fish.”

                       

12/23/2012 snowpack, courtesy NRCS

With a second year of drought in 2012, and a third a clear possibility (snowpack this morning in the upper Rio Grande headwaters of Colorado, where most of the water comes from, is just 65 percent of the median for this time of year), the possibility of conflict over the river is clearly out there.

The key dates to watch are March 1 and 16. March 1 is when the current “biological opinion” – bureaucratic jargon for the formal water management plan for keeping the US Fish and Wildlife Service believes is enough water in the river for the fish, pdf here – expires.

March 16 is when accompanying federal legislation making it hard for critics (especially those in the environmental community) to sue expires.

There’s a lot going on down in the weeds that was beyond the scope of today’s newspaper story but that could influence the outcome:

The formation of a “Recovery Implementation Program”, bureaucratic machinery that tries to create a framework for all the players on the river to collaborate rather than fighting and suing. Benson (see the link above) argues that RIPs have been effective tools on other rivers, but efforts to form one here are stalled, and will not be done in time to meet the March deadlines.

The role of environmentalists, especially the Santa Fe based WildEarth Guardians. The groups were very active in the late 1990s and early 2000s. They’ve been less so in recent years, but there are signs that they’re back on the field, applying pressure for a solution that puts more water in the river.

The Byzantine dispute between the U.S. Fish and Wildlife Service and the US Army Corps of Engineers, which is crucial but also complex and boring. The Corps argues that it has little discretion in the way it operates its dams and shouldn’t be dragged into this fight. But the Corps’s Cochiti Dam is crucial to managing flows in minnow land, especially creating a spring flow increase for minnow spawning. I expect that at some point in the next month or two I’ll have to suck it up and try to figure out how to un-boring this piece for a newspaper story, because it’s incredibly important.

The question of whether human water management for agriculture could actually be helping rather than hurting the minnow. This counter-intuitive argument, made by folks at the Middle Rio Grande Conservancy District, includes the contention that without ag water released from upstream storage this year for farmers, the river actually would have been dry through Albuquerque for much of the past summer, making things even worse for the little fish.

The role of the state’s congressional delegation. A decade ago, Sen. Pete Domenici, R-NM, played a central role in putting together the legal policy framework of duct tape and baling wire that is barely holding this thing together right now, but which is rapidly coming apart. Watch for pressure on Tom Udall and Martin Heinrich to get involved in sorting out the mess.

Expert to be hearing more about this in coming months.

Suggested Reading:

Irrigators may face more burden for minnow protection 8/18/2011

Irrigation Season Winds Down, Albuquerque Water Diversions Resume 11/5/2011

Middle Rio Grande irrigation supplies running low 8/6/2012

NM Drought Conditions Worsen 4/28/2011

Feds to replace Rio Grande water after agencies cut back 9/2/2011

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted
material herein is distributed without profit or payment to those who have
expressed a prior interest in receiving this information for non-profit
research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

This information and much more that you need to know about the ESA,
the Klamath River Basin, and private property rights can be found at The
Klamath Bucket Brigade’s web site – http://klamathbucketbrigade.org/index.html
please visit today.

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Sucker fish gets additional habitat designated

Endangered Species Act

Courthouse News Service

http://www.courthousenews.com/2012/12/12/53038.htm

Endangered Klamath Basin Fish Gets Habitat

By RAMONA YOUNG-GRINDLE

WASHINGTON (CN) – The U.S. Fish and Wildlife Service has designated approximately 282 miles of streams, and 241,438 acres of lakes and reservoirs of critical habitat in Klamath and Lake Counties in Oregon, and in Modoc County, Calif., for the Lost River sucker and the shortnose sucker, according to the agency’s statement.

     The two fish species were listed as endangered under the Endangered Species Act in 1988, the final rule stated.

     ”Critical habitat was first proposed for these species in 1994, but was never completed due to higher conservation priorities for the listed suckers,” the agency said.

     The 1994 critical habitat proposal was in response to a suit filed in federal court by the Oregon Natural Resources Council, now known as Oregon Wild. The conservation group contacted the Department of Justice requesting that the USFWS issue a final critical habitat rule “within a reasonable amount of time,” the rule stated. A May 10, 2010 settlement agreement spurred the revised December 2011 proposal and the current final designation, according to the regulation.

     ”The final critical habitat designation includes significantly less area than what was proposed in 1994 mostly because of modern mapping tools and methods,” the agency noted. The 1994 proposal stipulated 880,000 acres of combined habitat for the two fish, according to the agency’s statement.

     ”Threats identified in the final listing rule for these species include: (1) Poor water quality; (2) potential entrainment at water diversion structures; (3) lack of access to essential spawning habitat; (4) lack of connectivity to historical habitat (i.e., migratory impediments); (5) degradation of spawning, rearing, and adult habitat; and (6) avian predation and predation by or competition with nonnative fish,” the rule stated.

     Poor water quality can result from algal blooms, low water levels due to drought, and sedimentation caused by timber harvesting, road construction, erosion, grazing and agriculture, the action noted.

     A critical habitat designation does not restrict or prohibit landowners and others from accessing lakes, rivers, or reservoir areas for recreational and other activities. Because the fish were listed as endangered in 1988, the two sucker species have been protected from “take” (defined as to kill, harm, harass, trap, or wound) under the Endangered Species Act since that time, the agency said.

     ”Designation of critical habitat can help focus conservation activities for a listed species by identifying areas that contain the physical and biological features that are essential for the conservation of the species,” according to the agency’s statement.

The final critical habitat designation is effective Jan. 10, 2013.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted
material herein is distributed without profit or payment to those who have
expressed a prior interest in receiving this information for non-profit
research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

This information and much more that you need to know about the ESA,
the Klamath River Basin, and private property rights can be found at The
Klamath Bucket Brigade’s web site – http://klamathbucketbrigade.org/index.html
please visit today.

No Comments
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