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Critical Habitat Summary for Santa Ana Sucker |
Under this final rule, the FWS has designated critical habitat for the Santa Ana Sucker, in 3 noncontiguous populations in The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County. We have identified 23,719 acres (ac) (9,599 hectares (ha)) of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker.
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Critical Habitat Summary for the Bull Trout |
This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout. The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes. The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.
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Critical Habitat Summary for Topeka Shiner |
This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner (Notropis Topeka), published in the Federal Register on July, 24, 2004 (69 FR 44736). In the previous final rule, the FWS designated as critical habitat 1,356 kilometers of stream in Iowa, Minnesota, and Nebraska. They excluded from designation all previously proposed critical habitat in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from critical habitat designation.
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Crow Indian Tribe v. United States |
Several Indian tribes, environmental organizations, and animal-welfare groups filed suits claiming that Fish and Wildlife Service (FWS) violated Endangered Species Act (ESA) and Administrative Procedure Act (APA) by issuing final rule “delisting” or removing grizzly bear population in Greater Yellowstone Ecosystem from threatened species list. The distinct population segment of the Yellowstone grizzly bear population has been so successful under the ESA that the FWS has been trying to delist it for almost 15 years, according to the court. This specific case was triggered by a 2017 D.C. Circuit case (Humane Society v. Zinke) that requires the FWS to address the impact that removing a DPS from protection under the ESA would have on the remaining listed species. At the time that ruling was issued, the FWS had already published a 2017 Rule that sought to delist the grizzly bear Yellowstone DPS. This then resulted in cross motions for summary judgment in district court. The district court granted summary judgment for the plaintiffs and vacated the 2017 rule, remanding it to the FWS. This remand resulted in a second delisting rule by FWS that was again vacated and remanded by the district court, demanding consideration of several discrete issues by FWS. The FWS now appeals that remand for consideration that require the study of the effect of the delisting on the remaining, still listed, grizzly population in the coterminous 48 states, as well as further consideration of the threat of delisting to long term genetic diversity of the Yellowstone grizzly. In addition, states in the region of the DPS (Idaho, Montana, and Wyoming) as well as some private hunting and farming organizations have intervened on the government's behalf. On appeal, the Court of Appeals first found that it had authority to review the district court order and that the intervenors had standing to pursue an appeal. As to the order by the district court that the FWS needs to conduct a "comprehensive review" of the impact of delisting on the remnant grizzly population, the appellate court vacated that portion of the order using the phrase "comprehensive review." Instead, it remanded to the lower court to order a "further examination" on the delisting's effects. The court also agreed with the district court that FWS' 2017 Rule was arbitrary and capricious where it had no concrete, enforceable mechanism to ensure the long-term genetic viability of the Yellowstone DPS. Finally, the Court of Appeals agreed with the district court order to mandate a commitment to recalibration (changes in methodology to measure the Yellowstone grizzly bear population) in the rule since that is required by the ESA. The Court affirmed the district court’s remand order, with the exception of the order requiring the FWS to conduct a “comprehensive review” of the remnant grizzly population. |
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Crying Wolf: The Unlawful Delisting of Northern Rocky Mountain Gray Wolves from Endangered Species Act Protections |
Abstract: Although settlers hunted gray wolves to near extinction more than a century ago, the animal remains one of the most enduring symbols of the West. In 1994, the U.S. Fish & Wildlife Service authorized reintroduction of gray wolves into Idaho, Montana, and Wyoming under recovery provisions of the Endangered Species Act. Fourteen years later, the Service delisted wolves in these states, contending that the reintroduced population met the numeric and distributional criteria established for recovery in 1994. Months after a district judge enjoined the Service's 2008 delisting rule, the Service again delisted gray wolves. This Note asserts that both the 2008 and 2009 delisting rules violate provisions of the Endangered Species Act guaranteeing adequacy of state regulatory mechanisms prior to delisting, and fidelity to the best available scientific data. The Note also contends that the Service unlawfully deployed conservation tools as delisting instruments contrary to congressional intent. Lastly, the Note illuminates administrative defects in the delisting rules, namely the Service's decision to disregard its own requirement of genetic linkage among the entire gray wolf population without providing a reasoned explanation.
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CT - Endangered Species - CHAPTER 495. ENDANGERED SPECIES |
These statutes provide Connecticut's endangered species provisions. Included are the findings and policy, definitions, acquisition and management of habitat, and penalties for taking of listed species. The statute also has a provision specific to elephant ivory. |
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CT - Fisheries & Wildlife - Chapter 490. Fisheries and Game. § 26-1. Definitions |
This law contains definitions for the Connecticut Fisheries and Wildlife Department. |
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Ctr. for Biological Diversity v. Zinke |
In this case, the Center for Biological Diversity and Maricopa Audubon Society (collectively “CBD”) challenged the determination of the U.S. Fish and Wildlife Service (“FWS”) that the Sonoran Desert Area bald eagle (“desert eagle”) is not a distinct population segment (“DPS”) eligible for listing under the Endangered Species Act. There are two requirements for DPS status: (1) the discreteness of the population segment in relation to the remainder of the species to which it belongs, and (2) the significance of the population segment to the species to which it belongs. Here, the parties agreed that the desert eagle population is discrete, but they disputed whether the population is significant. CBD argued that if FWS found that a population segment satisfies any of the four listed significance factors, it is required to conclude that the population segment is significant. The court held that FWS did not act arbitrarily and capriciously in concluding that the desert eagle did not satisfy significance requirement for being a DPS, even though it found that the desert eagle satisfied the persistence requirement and one significance factors. The district court's grant of summary judgment to FWS was affirmed. |
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Dallas Safari Club v. Bernhardt |
Individual elephant sport hunters and their hunting organizations (“Plaintiffs”) filed suit against the United States Fish and Wildlife Service (the “Service”) seeking to import their sport-hunted elephant trophies from Africa into the United States. The Plaintiffs moved for a preliminary injunction requiring the Service to process pending and subsequently filed permit applications. The African Elephant is listed as a threatened species under the Endangered Species Act (“ESA”) and is also a species that is regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). All African elephant trophy imports require the Service to make an enhancement finding, meaning that the killing of the trophy animal will enhance the survival of the species, and issue an ESA permit. Additionally, certain African elephant trophy imports require a non-detriment finding and a CITES import permit. Historically, the Service made periodic countrywide enhancement and non-detriment findings, however, this came to a halt due to a Presidential tweet surrounding media criticism over the Service’s decision to lift the suspension on Zimbabwe’s ESA enhancement finding. The Court found that injunctive relief was not warranted because the Plaintiffs failed to show irreparable harm as to any Plaintiff. The individual Plaintiffs argued that they had suffered both emotional harm and economic harm. However, the Plaintiffs were on notice that their applications could take a significant amount of time to process. Additionally, the emotional distress claimed by the Plaintiffs would be alleviated when the Service issues a decision either granting or denying their permit applications, therefore, the harm that the Plaintiffs were claiming was not irreparable. The Court found that the individual hunter Plaintiffs’ alleged emotional and economic injuries were insufficient to warrant a preliminary injunction. The organizational Plaintiffs argued that they each were suffering irreparable harm derivatively because the Service’s delay in processing permit applications would decrease the popularity of sport hunting in Africa and cause a decrease in funding for conservation efforts. The problem was that the organizational Plaintiffs offered no proof to substantiate this argument. The Court ultimately held that in light of the disruptions caused by COVID-19 and the diminished capacity of the Service to process permit applications during this unprecedented time, it would be unwise and not in the public interest to order the expeditious processing of sport trophy permit applications. The Court denied Plaintiffs’ Motion for a Preliminary Injunction. |
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DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES |
Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor. |
