Home -> Law Blog Directory -> Environmental Law Blogs -> ESA Blawg
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Environmental Law
: ESA BlawgFWS considering delisting of marbled murrelet
By Keith W. Rizzardi
ADVERTISEMENTS
73 Fed. Reg. 57314 / Vol. 73, No. 192 / Thursday, October 2, 2008 (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; [FWS–R1–ES–2008–0095; 92220–1113–0000–C5]; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the California, Oregon, and Washington Population of the Marbled Murrelet (Brachyramphus marmoratus) From the List of Endangered and Threatened Wildlife; Notice of 90-day petition finding and initiation of status review.)
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the California, Oregon, and Washington population of the marbled murrelet (Brachyramphus marmoratus) from the Federal List of Endangered and Threatened Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial information indicating that the petitioned action may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the marbled murrelet, which will also serve as our 5-year status review for the species. Concurrent with making our 12-month finding on the petition and conducting a 5-year status review, we intend to review the rangewide status of the species, and if necessary, the configuration and status of any distinct population segments. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information on the marbled murrelet relevant to its listing status under the Act. At the conclusion of our status review, we will issue a 12-month finding on the petition. DATES: We made the finding announced in this document on October 2, 2008. To allow us adequate time to conduct this review, we request that we receive information on or before December 1, 2008.
Photo by Rich MacIntosh, USGS available online
KEITHINKING: Once again, the timing of the rule seeks information by December 1, leaving just enough time for the administration to offer a 30-day comment period on an expeditiously published rule, and finalizing the rule prior to 1/9/09. Moreover, the petition is based on the federal government's own publications... as even FWS admits: "The petitioners have essentially reiterated the Service’s own conclusion based on our 5-year review; thus we agree that a status review is warranted."
EXCERPT: The petitioners claim that the currently listed entity (the marbled murrelet in California, Oregon, and Washington) is not a discrete entity based on biological considerations or differences in regulatory mechanisms across an international boundary, and therefore is not listable as a DPS under the Act. In support of their petition they cite the Service’s 5-year review of the marbled murrelet (USFWS 2004), which found that the currently listed population of the marbled murrelet was not discrete. The petitioners also cite information contained in a U.S. Geological Survey (USGS) report commissioned by the Service on the status and trends of the marbled murrelet in Alaska and British Columbia (Piatt et al. 2007). The USGS report also included information on the marbled murrelet in California, Oregon, and Washington.
Full post as published by ESA Blawg on October 02, 2008 (boomark / email).
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

Fish and Wildlife Changes Course on Restricting Marbled Murrelet Territory
D.C. Circuit vacates the delisting and mercury rules
Decision on Delisting Rocky Mountain Wolves Due Friday
Gray Wolves to Return to Endangered Species List Six Months After Delisting
With 35 Killed Since Delisting, Groups Sue to Return Grey Wolves to Endangered Species List
Lots of answers, but no easy fixes







