Bill Would Gut Endangered Species Act

Bill Would Gut Endangered Species Act

by Chris Clarke

KCET.com

            A bill recently introduced into the Senate and the House of Representatives would, in ReWild's analysis, add insurmountable hurdles to protecting new species under the Endangered Species Act of 1973, as well as mandating significant government handouts to private developers.

Senate Bill 1731, dubbed the "Endangered Species Management Self-Determination Act" by its author Kentucky Senator Rand Paul, would bar the U.S. Fish and Wildlife Service from listing any new species under ESA without the approval of the governors of any states in which that species resides, and require a joint resolution approving each listing by Congress as well.

The bill would also require that USFWS pay landowners one and a half times the market value of land deemed to have been reduced in value by the agency's enforcement of the ESA, and would automatically delist all species listed by Congressional joint resolution after five years.

The bill was introduced in the Senate by Paul and fellow Republican senators Mike Lee and Dean Heller ofUtah and Nevada, respectively, and in the House by Nevada's Republican Representative Mark Amodei.

In addition to giving governors veto power over listing of species that happen to occur in their states, the bill would also allow a governor to take over all management of a listed species as long as that governor determines -- without judicial review -- that the species occurs only in the state. If a governor makes such a determination, the USFWS will be locked out of any management or monitoring of the species.

The bill would also substantially revise the parts of ESA that relate to private property in a manner that would probably monkey-wrench much of the actual work done by USFWS on ESA or other issues.

According to the Property Rights section of the bill, a landowner or lease holder can submit a description of any proposed project to USFWS seeking a determination as to whether the project would run afoul of ESA. USFWS will have 90 days to respond; if the clock runs out and USFWS hasn't had a chance to respond, the project is officially released of obligation to comply with ESA. If USFWS does respond and says that the project would violate the ESA, the landowner or lease holder will then be entitled to receive 150 percent of the property's fair market value if they can make a case that the property's value has taken a 50 percent hit. The bill is silent on criteria for determining whether a property has actually lost that much value.

In effect, the bill would potentially load USFWS with the responsibility to assess hundreds or thousands of projects that might not even trigger the Endangered Species Act, and open the door to ghost development proposals on endangered species habitat designed solely to procure those settlement payments of one and a half times a property's market value.

As justification for its "reforms" of ESA, the bill says:

litigation stemming from the ESA and some resulting settlements between the litigants and the Federal Government have made the ESA even more unworkable, to the detriment of species.

That's a reference to groups like the Center for Biological Diversity, which regularly litigates to compel agencies to consider protecting species under ESA and other laws. Ironically, the private property provisions of the bill would add to USFWS's management workload by a level orders of magnitude beyond that incurred from environmentalist lawsuits.

It's also worth noting that the bill nowhere mentions NOAA Fisheries, the other federal agency responsible for enforcing ESA. The omission suggests a lack of familiarity on the part of the authors with the law they seek to reform.

Taken at face value, the bill is one of the most overarching assaults on the nation's landmark wildlife protection law since that law was signed 40 years ago this month. Even former California Representative Richard Pombo's attempts to "reform" ESA, which eventually lost him enough support in the Bay Area that he was ousted by a Democrat, were not nearly as audacious.    For just that reason, the chances that the bill as it’s now written will prevail in the Democratically-controlled Senate are not good.

The question is whether this bill will remain what it is at present -- a stunt bill to bolster a few politicos' reputations with the States' and Property Rights sectors -- or whether it will get watered down sufficiently to pass muster with conservative Democrats, thus potentially posing a real threat to American wildlife. We'll be keeping tabs on this one.

"BANKING ON NATURE" HIGHLIGHTS REFUGE VALUES

"BANKING ON NATURE" HIGHLIGHTS REFUGE VALUES

We all are aware of the biological, aesthetic, and even spiritual value of natural habitat, as exemplified through national and local parks, wildlife refuges, and national and state forests. But sometimes, just sometimes, these economic values need to be qualified.

The "Banking on Nature" report released in early November by the U.S. Fish and Wildlife Service (USFWS) did just that for the National Wildlife Refuge System. This 365-page report is the latest of a series of such studies, the previous one having been released in 2006.

The current "Banking on Nature" report spanning 2006-2011, shows that even during the greatest recession since the Great Depression, the overall return on investment increased substantially for the Refuge System, as well as every other major indicator. This includes the following five highlights:

1    The combined economic contribution to communities nationwide is almost five times the $492 million appropriated to the Refuge System in FY 2011 (Or for every $1 appropriated by Congress to run the National Wildlife Refuge System, nearly $5 is generated in local economies.)
2    In FY 2011, 46.5 million people visited refuges. Their spending generated $2.4 billion of sales in regional economies. As this spending flowed through the economy, over 35,000 people were employed and $792.7 million in employment income was generated.
3    About 72 percent of total expenditures are generated by non-consumptive activities on refuges. Fishing accounted for 21 percent and hunting 7 percent.
4    Local residents accounted for 23 percent of expenditures while visitors coming from outside the local area accounted for 77 percent. Therefore, NWRs are seen widely as travel-worthy destinations.
5    Refuge recreational spending generated about $342.9 million in tax revenue at the local, county, state and Federal level.

"Banking on Nature" closely examines economic activity at 92 representative NWRs, and there is an appendix toward the end on the "Economic Impacts of Birding" which highlights birding visitation at popular refuges, birding expenditures at 10 key refuges, and the national significance of birding visitation to refuges. The study concludes that there were 11.9 million birding visits (not to be confused with visitors) to refuges during 2001FY.

You can view a thoughtful Associated Press story on the report here:
www.crookstontimes.com/article/20131105/NEWS/131109868/1001/NEWS

And you can access the full USFWS "Banking on Nature" here:
www.fws.gov/refuges/about/refugereports/pdfs/BankingOnNature2013.pdf 

NWF Connects Kids to Nature Through Interactive Tech Toy

NWF Connects Kids to Nature Through Interactive Tech Toy

National Wildlife Federation Connects Kids to Nature Via Interactive Tech Toy Ubooly With The "Ranger Rick Ubooly Outdoor Adventure Campaign"

The National Wildlife Federation has joined forces with Ubooly, the innovative, app-based learning toy that can turn a walk in the park into an interactive experience, to build much needed awareness and investments through the first-ever "Ranger Rick Ubooly Outdoor Adventure Campaign."

Ubooly bridges the online and offline space, meeting kids where they are - on smartphones - and ushering them beyond the screen into active, educational adventures. Inspired by NWF's ability to broaden kids love and understanding of nature and get them into the outdoors, Ubooly created a tailored learning experience or "play pack" with Ranger Rick to invite kids to play outside and learn about their surroundings while they are at it.

This holiday season, families can download the Ubooly App and get the Ranger Rick Outdoor Adventure play packs with proceeds going to support NWF's conservation and education efforts. For more information: www.Ubooly.com/RangerRick.

"Studies show time spent in outdoor spaces reduces stress; encourages cooperation and compassion; and helps children focus on schoolwork, think creatively, and score higher on school tests," said Meri-Margaret Deoudes, vice president of the Be Out There (www.beoutthere.org) movement at the National Wildlife Federation. "Forming a partnership with Ubooly is another way NWF is working to get kids outdoors and enjoy nature."

Ubooly and Ranger Rick's Outdoor Adventure play packs feature hours of activities to help kids get outside and truly appreciate nature. Activities include scavenger hunts, nature hikes, mindfulness games and lots of exercise. Kids will also get to make collages, drawings, paintings and necklaces inspired by their outdoor adventures. Ubooly is compatible with iPhone, iPod, iPad Mini and Android devices.

"We are thrilled to be partnering with National Wildlife Federation for the first-ever Ranger Rick Ubooly Outdoor Adventure Campaign," said Carly Gloge, CEO of Ubooly. "We are impressed by the work National Wildlife Federation has done toward funding innovative conservation programs and helping to improve kids connection to nature. Through the Ranger Rick Outdoor Adventure Play packs, the magic of Ubooly will teach kids about the beauty and fun of the outdoor world."

Be Out There™ is NWF's movement to reconnect families with the outdoors. NWF's practical tools and information help make being outside a fun, healthy and automatic part of everyday life. For other helpful resources and to learn more about NWF's goal to get 10 million more kids spending regular time in the great outdoors visit: www.BeOutThere.org.

Ubooly is changing the way kids play, with a customizable learning toy that talks and listens. With content designed by educators and comedy writers, Ubooly is fun, educational and sparks "Active Play." Ubooly empowers kids to choose the content and pace of their learning, and is never repetitive, with hundreds of activities to engage kid's curiosity and imagination. Ubooly will get your child's heart pumping and their brain growing. For more information, please visit: www.ubooly.com.

For more National Wildlife Federation news, visit: www.nwf.org/news.

Fish and Wildlife Service Proposes Special Rule under Endangered Species Act

Fish and Wildlife Service Proposes Special Rule under Endangered Species Act

Endorsing Landmark State Conservation Plan for Lesser Prairie-Chicken

Would Exempt Agricultural Practices, Other Development Consistent with the Plan from Act's Restrictions if Species is Listed as Threatened

In light of a landmark conservation plan developed by the five range states of the lesser prairie-chicken, the U.S. Fish and Wildlife Service today proposed a special rule that would provide regulatory certainty for landowners by exempting from regulation conservation actions and development undertaken in accordance with the plan, should the bird be listed under the Endangered Species Act.

The Service will accept comments for 30 days on the proposed special rule, which would exempt from regulation under the Act any activities that harm or result in take of the prairie-chicken if incidental to carrying out the state-developed range-wide lesser prairie-chicken conservation plan. The proposed special rule would also exempt take incidental to routine agricultural practices on existing cultivated lands and to landowner participation in the Natural Resource Conservation Service's Lesser Prairie-Chicken Initiative.

"Regardless of whether the lesser prairie-chicken ultimately warrants the protection of the ESA, we can all agree that continued state leadership in management and recovery of this species, as well as a conservation strategy that is compatible with the economic well-being of ranchers and other private landowners, is what is needed here," said Dan Ashe, Director of the U.S. Fish & Wildlife Service. "The states' plan, along with this proposed special rule, could provide an unprecedented model for state leadership in conservation of a threatened species."

The lesser prairie-chicken is a species of prairie grouse commonly recognized for its colorful spring mating display and orange eye combs. For nearly 15 years, the Service has considered the lesser prairie-chicken to be a species in trouble, and the severe drought experienced in recent years in the southern Great Plains has not helped matters.

Once found in abundant numbers across much of Colorado, New Mexico, Texas, Oklahoma and Kansas, the lesser prairie-chickens' historical range of native grasslands and prairies has been reduced by an estimated 84 percent. Taking actions to conserve the species will also restore the health of native grasslands that support local economies and communities in addition to migratory birds and other wildlife.

On May 6, 2013, the Service proposed a rule that, in the event that the lesser prairie-chicken were to be listed as a threatened species, would encourage voluntary participation in conservation programs benefiting the species. Today's proposed revision more specifically identifies and endorses the five states' range-wide conservation plan as one that, when implemented, addresses the conservation needs of the species.

The Service also reopened the public comment period for the proposed listing of the bird for an additional 30 days. The reopening of the public comment period and the revised 4(d) special rule will publish in the Federal Register on December 11, 2013. Comments will be accepted until January 10, 2014. More information on the lesser prairie-chicken is available online athttp://www.fws.gov/southwest/es/LPC.html.

Congress Strikes Budget Deal; Sportsmen Stress Conservation Funding

Congress Strikes Budget Deal; Sportsmen Stress Conservation Funding

Budget agreement paves the way for responsive, results-focused conservation funding as Senate and House appropriations committees commence negotiations

Following last night's announcement by House and Senate leaders of a successfully negotiated budget for fiscal years 2014 and 2015, sportsmen are uniting to advocate for strong funding for conservation initiatives as the details of the budget agreement are resolved.

If approved by Congress, the bicameral budget sets a top-line funding level of $1.012 trillion for federal agencies through the fall of 2014 and a top-line funding level of $1.014 trillion through fall of 2015. It also would represent a significant step toward avoiding another federal shutdown and would curb steep, sequestration-based cuts currently in place.

"Progress has been made by Congress in resolving the budget crisis, and sportsmen applaud news of this successful agreement," said Mike Nussman, president/CEO of the American Sportfishing Association. "Another federal shutdown must be avoided so that all sectors of our economy - including the nation's $646 billion outdoor recreation economy - can prosper."

While applauding the bipartisan agreement, sportsmen stressed that funding for critical conservation programs is far from secure and urged Congress to act swiftly to allocate funds for measures important to natural resources management, fish and wildlife conservation and public opportunities to hunt, fish and recreate.

"We commend congressional leaders for brokering a budget compromise in the name of our nation's economic security," said TRCP President and CEO Whit Fosburgh, "but the future of American conservation and natural resources management still hangs in the balance.

"Right now, House and Senate appropriations committees are determining individual funding levels for a broad suite of federal programs," Fosburgh continued. "Conservation funding must be prioritized in these negotiations. Sportsmen are united in supporting a $30 billion allocation for the Interior, Environment and Related Agencies appropriations bill for fiscal year 2014."

Outdoor recreation, including hunting and angling, is a major economic driver in America. This sector of the economy is responsible for $646 billion in direct consumer spending each year, supports more than 6.1 million jobs and sustains rural communities across the nation. Yet lack of funding certainty from year to year has had an enormous negative impact on the ability of agencies to fulfill their conservation missions, jeopardizing those economic benefits, jobs and an industry that relies on sound natural resources management.

"We all agree that the nation has to get its fiscal house in order, and the budget deal is a first step," said Ducks Unlimited CEO Dale Hall. "Programs such as the North American Wetlands Conservation Act, Land and Water Conservation Fund and state wildlife grants must have adequate funding, so we urge Congress to recognize the outdoor economy as the major economic driver it is. Where else can you invest $30 billion and get a $646 billion return on that investment?"

The budget could move to the House floor for a vote as early as tomorrow, with a Senate vote taking place soon thereafter. The House is scheduled to depart for its holiday recess on December 13, and the Senate is set to adjourn next week.

"Congress can give Americans an early Christmas present by passing the budget," concluded Steve Williams, president of the Wildlife Management Institute, "and then passing an appropriations bill that reestablishes America's century-old commitment to conservation."

NBCI's 2013 Bobwhite Almanac Examines Bobwhite Restoration Advancements

NBCI’s 2013 Bobwhite Almanac Examines Bobwhite Restoration Advancements

  

While the wild bobwhite quail population continues to struggle, the momentum to restore their populations range wide continues to grow with several important pieces falling into place over the last year, according to Don McKenzie, director of the National Bobwhite Conservation Initiative (NBCI).

In the new issue of NBCI’s Bobwhite Almanac, State of the Bobwhite 2013, McKenzie recounts the increasing number of active partnerships supporting habitat work, major donations to critical bobwhite support functions, the growing national coalition aimed at changing federal agriculture policy to benefit bobwhites and other grassland species, and NBCI’s official entry into the arena of mine reclamation for grasslands wildlife among other advancements.

South Carolina’s fall 2013 launch of a new initiative aimed at landscape-scale restoration of wild bobwhites is among several positive highlights for the species in the newest NBCI report. The Almanac details South Carolina’s upcoming push in 30 counties, aimed primarily at management activities on forested lands with the creation of forest/woodland savannas, and agricultural lands utilizing field borders and conversion of exotic grass pastures to native warm-season grasses.

The Almanac also examines the impact of federal agriculture policy on bobwhites, with NBCI Agriculture Policy Coordinator Kyle Brazil writing, “The continued existence of meaningful populations of bobwhites, as well as an entire suite of grassland birds, depends in large part on our ability to influence (federal) policy.”

That policy has subsidized the planting of millions of acres of exotic grasses to the exclusion of native grasses and to the detriment of bobwhites and other grassland species. Integrating native grasses back into America’s pasturelands is one of NBCI’s major objectives in concert with other conservation groups.

NBCI Forestry Coordinator Mike Black also examines the enormous potential of forest management practices to positively affect quail populations.

“While we typically think of classic bobwhite habitat in an agricultural setting … our best habitat work on behalf of bobwhites will actually occur in the forested landscapes from New Jersey to Texas and Oklahoma to Florida,” contends Black. “Much of this is already occurring, often with very positive results for quail.”

The Almanac highlights examples of forest management that are increasing bobwhite populations, including shortleaf pine ecosystem restoration on the Ouachita National Forest in Arkansas and a similar project with longleaf pine on a wildlife management area in Alabama.

Also detailed in the Almanac is the effort by six states – Georgia, Iowa, Kentucky, Missouri, Texas and Virginia – to pilot NBCI model focal areas that will, for the first time, couple large-scale habitat management with collaborative monitoring. The new report is available for viewing at www.bringbackbobwhites.org, and printed copies are available for purchase athttp://bringbackbobwhites.org/donate-2/online-store

Birders Brave Cold for Christmas Bird Counts

Birders Brave Cold for Christmas Bird Counts

Christmas Bird Counts conducted across the state through mid-January

Over the next few weeks, people from all walks of life will gather in prearranged meeting places, make plans of attack, dress against the elements, then march into the winter landscape to record bird sightings. Christmas bird counts follow time-honored traditions in Kansas, bringing dedicated birders together to make new acquaintances, renew old friendships, and learn more about birds and birdwatching. The counts also reveal important information about bird migration and population trends.

Christmas bird counts have been conducted for more than 100 years, and more than 2,000 counts are held across the nation each year. Each winter, about 50 individual count events occur in Kansas. More than 40 are scheduled so far this year with others to be announced. Count locations are scheduled in all corners of the state and points in between.

Christmas bird counts are conducted in traditional circular census areas, each with a 7.5-mile radius. This consistency ensures data collected is comparable for population trends over time.

Count events are easy to prepare for; the best tools being a pair of binoculars, a good field guide, and appropriate clothing and footwear for possible extreme weather. For those counting in an area with a lake, a spotting scope may be necessary to identify birds at long distances. It’s also a good idea to study species expected in your location.

There are many count compilers in Kansas who send data to the Kansas Ornithological Society (KOS), and there is no charge to participate. The KOS will accept data collected on counts conducted from Dec. 9 through Jan. 13, 2013. The official Audubon Christmas Bird Count period is Dec. 14 to Jan. 5 every year and there is no fee to participate in these counts.

Information about Kansas Christmas bird counts can be found at the KOS website, www.ksbirds.org. For details, just click “Kansas Christmas Bird Count information.”

For more information about Audubon Christmas Bird Counts in Kansas, go to http://birds.audubon.org/christmas-bird-count.