In a move that will no doubt spark lawsuits from conservation groups, the U.S. Fish and Wildlife Service (USFWS) has withdrawn the proposal to list the bi-state distinct population segment (DPS) of greater sage-grouse in California and Nevada as threatened under the Endangered Species Act.
The USFWS concluded the successful implementation of conservation actions to date, as well as future commitments to aid the bird and its habitat by a coalition of federal, state, tribal, private, and non-governmental partners, are sufficient to improve threats to the bird.
“The Service is humbled and proud to work with such a committed group of partners to conserve the bi-state sage-grouse and its habitat in California and Nevada. This partnership shows that conservation for at-risk species can be successful when we work together and leverage our resources,” said Paul Souza, U.S. Fish and Wildlife Service regional director for the Service’s California-Great Basin Region.
As its name suggests, the bi-state DPS straddles the California-Nevada border. It covers an area approximately 170 miles long and up to 60 miles wide. It includes portions of five counties in western Nevada: Douglas, Lyon, Mineral, Carson City, and Esmeralda; and three counties in eastern California: Alpine, Mono, and Inyo. Land ownership is composed of federal, state, county, tribal and private lands. Biologists estimate that between 2,500 and 9,000 of these ground-dwelling birds inhabit about 4.5 million acres of high-desert sagebrush.
“I think this decision emphasizes the effectiveness of a collaborative approach to conservation,” Amy Sturgill, data and communications coordinator for Bi-State Local Area Working Group (LAWG) told WLJ. “This group has been working together for nearly 20 years, and this listing decision doesn’t mark the end of their efforts. Bi-state partners will continue to implement the Bi-State Action Plan to monitor populations and manage lands with the health and success of sage-grouse populations in mind.”
A collaborative effort
Since 2012, partners in the LAWG have conserved, restored, or enhanced more than 100,000 acres of sagebrush habitat in the bi-state area, helping reduce habitat fragmentation, pinyon-juniper encroachment and loss of wet meadows used by sage-grouse to raise their young.
In 2013, the Service proposed listing the bi-state DPS of greater sage-grouse as a threatened species with a 4(d) rule and proposed critical habitat. In June 2014, the Service received letters from members of the LAWG’s Executive Oversight Committee, committing funding of $45 million for the implementation of the nearly 80 conservation projects outlined in the group’s 2012 Bi-State Action Plan.
USFWS in April 2015 withdrew the proposed listing due to commitments by multiple entities.
“Thanks in large part to the extraordinary efforts of all the partners in the working group to address threats to greater sage-grouse and its habitat in the bi-state area, our biologists have determined that this population no longer needs ESA protection,” said then-Secretary of the Interior Sally Jewell. “What’s more, the collaborative, science-based efforts in Nevada and California are proof that we can conserve sagebrush habitat across the West while we encourage sustainable economic development.”
However, a group of environmentalists sued in 2018, arguing it was arbitrary and capricious and did not follow the ESA or the Administrative Procedures Act.
“The May 2018 court ruling that required another look at this species has provided our agencies an opportunity to tell the story of effective science-based collaborative conservation with five additional years to develop cutting-edge science and deliver conservation for sage-grouse. The bi-state sage grouse conservation model is the epitome of collaborative science-based conservation,” said Tony Wasley, director of the Nevada Department of Wildlife. “Our department supports this decision, and I’m grateful to have another chance to showcase this conservation story.”
As a result, a 60-day public comment period was reopened for the proposed rule in April 2019. The comment period made clear that debate existed among experts over the interpretation and accuracy of current scientific information, making it necessary to extend the final determination and reopen the comment period for another 30 days in September 2019.
On Oct. 1, 2019, USFWS announced a six-month extension of the final listing determination to April 1, 2020.
The final ruling states, “While conversion of sagebrush vegetation communities to agricultural land continues to occur in the bi-state area…” some reports state that conversion has lessened and that some of these lands are instead being sold and converted to low-density residential housing developments.”
USFWS notes that human development has long-term effects on habitat suitability and sage-grouse persistence and populations. Additional factors affecting the population include infrastructure development such as roads, power lines, communication towers, which impacts each population management unit both directly and indirectly to varying degrees.
Feral horses also can negatively impact meadows and brood-rearing habitats used by sage-grouse, and these impacts can be more severe given horses cannot be managed on a seasonal basis. While livestock grazing continues to be the most widespread land use across the sagebrush habitat, “studies have suggested that grazing, or more importantly maintenance of residual grass cover, may not influence nest success in the bi-state area.” The report notes that a threshold may exist where grazing can occur without detriment to sage-grouse resources. — Charles Wallace, WLJ correspondent
