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Endangered Species Update

Endangered Species Update. National Military Fish and Wildlife Association Meeting Arlington, VA March 2013. TOPICS. Advanced notice of Proposed Rulemaking Regulatory Reform Efforts Multiple District Litigation Update Working Lands for Wildlife Partnership Tools & Opportunities.

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Endangered Species Update

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  1. Endangered Species Update National Military Fish and Wildlife Association Meeting Arlington, VA March 2013

  2. TOPICS Advanced notice of Proposed Rulemaking Regulatory Reform Efforts Multiple District Litigation Update Working Lands for Wildlife Partnership Tools & Opportunities

  3. Advance Notice of Proposed Rulemaking (ANPR) • ANPR in 2012- received input on how to create incentives for voluntary conservation actions • Focus of options: • Incentivizing voluntary pre-listing conservation actions • Off-setting adverse effects of species being listing • Federal agency credit for pre-listing conservation actions • Responses: • Total of 95 responses received • Federal agencies (7), States (13), NGOs (40), other (35)

  4. Advance Notice of Proposed Rulemaking • Most supported using voluntary conservation incentives for candidate and at-risk species • Most supported developing and using conservation credits and banks • Priorities developed by FWS & State Agency Team • FWS will develop guidance, policy or revise regulations to implement recommendations

  5. Regulatory Reform Efforts • Significant portion of the range policy • Impact analysis regulation (424.19)

  6. Significant Portion of Range Policy • Proposed revised joint policy published December 2011. • Reopened comment period- February 2012. • Proposes to define phrase “significant portion of its range” in ESA definition of endangered and threatened species. • Anticipate final policy in mid- 2013

  7. Impact Analyses-Critical Habitat • February 28, 2012, Presidential Memorandum • Draft economic analysis when designating critical habitat • Published proposed joint revision to 50 CFR 424.19 in Aug. 2012

  8. Impact Analyses-Critical Habitat • Proposed joint revised 424.19 regulation includes: • Economic analysis-with proposed CH • Incremental approach-best way to measure economic impact of CH designation • Sec Interior/Commerce -sole discretion to exclude areas from CH

  9. Regulatory Reform Efforts • Incidental take • Definition of adverse modification or destruction of habitat • Critical habitat process (424.12) • Implementation of section 4(b)(2) of the ESA

  10. Anticipated Regulations / Policy Reform • Incidental take – clarify how take is evaluated • New definition-adverse modification or habitat destruction • CH process (424.12) – clarify process meaning • 4(b)(2) Implementation– provide policy on CH exclusions

  11. Multiple District Litigation (MDL) • FY 2011 > 2016 – proposed listing determination for the 253 candidate species (130 by end of FY 13) • Plan provides clarity &certainty to state wildlife agencies, stakeholders, &other partners about when FWS will make specific species’ listing determinations. • MDL agreements: • Reduced litigation-driven workloads • Allows FWS to focus resources on priority species

  12. Multiple District Litigation • MDL workplan for actions from FY 2013 through FY 2018 available online at: • http://www.fws.gov/endangered/improving_ESA/listing_workplan_FY13-18.html • Listing Program backlog- mid FY 2013: • 168 candidate species • Approx 500 12-month findings • Petitions to list approx 60 species

  13. Working Lands for Wildlife (WLFW) • FWS-NRCS partnership • provide landowners with technical and financial assistance for conservation • Goal driven • New England cottontail • Bog turtle (northern pop.) • Golden-winged warbler • Gopher tortoise • Southwestern willow flycatcher • Greater sage-grouse • Lesser prairie-chicken

  14. Working Lands for Wildlife (WLFW) WLFW based on conference and Biological Opinionsprepared for each of the listed or candidate species, FWS established an historic 30 year period of regulatory predictability for WLFW participating non-Federal landowners

  15. Partnership Tools & Opportunities • Landowner tools • CCA • Opportunities for non-Federal lands • CCAA • SHA • Conservation Tools Handout Available • Sikes Act. FWS OK with 10 year plans with annual updates vs. current 5 year plans

  16. Partnership Tools & Opportunities • Predictability / Minimize Uncertainty • Section 7 conferencing • Coordination & resource leveraging • Readiness and Environmental Protection Initiative-DoD • Military Services Buffer lands programs • Identify priority species for conservation • Apply tools to DoD buffer lands

  17. QUESTIONS/COMMENTS/DISCUSSION DOUGLAS KROFTA CHIEF, BRANCH OF ENDANGERED SPECIES LISTING USFWS, ENDANGERED SPECIES-HEADQUARTERS 703-358-2527 Douglas_krofta@fws.gov

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