A Small Bird With a Big Footprint

• Jurisdiction: United States,Federal
• Citation: Vol. 31 No. 1 Pg. 1
• Publication year: 2008
• Pages: 1
• Year: 2008
• topic: Energy & Natural Resources,Federal,Public Sector Law

Wyoming Bar Journal 2008.

Vol. 31, No. 1, #1. A Small Bird With a Big Footprint

Wyoming Bar Journal
Issue: February, 2008

Author: Hadassah (Dessa) Reimer

A Small Bird With a Big Footprint

A decision by the Fish and Wildlife Service (the Service) to list the Greater sage-grouse as threatened or endangered under the federal Endangered Species Act (ESA) would have tremendous consequences for public and private land management across the West. The Greater sage-grouse is widely dispersed over 160 million acres of sagebrush habitat in eight western states and Canada. If listed, the protections of the ESA, including prohibitions on "take" and federal agency consulting requirements, will restrict uses of public and private land, such as energy development agricultural activities, residential and commercial development, and recreation. For example, energy development on public and private surface could be restricted in sagebrush habitat during certain seasons. Livestock grazing on federal allotments could be similarly limited. And developers may be required to prepare habitat conservation plans and obtain incidental take permits before construction Groups advocating the listing of the species understand and welcome these consequences, viewing a listing decision not only as a means to promote the survival and recovery of the sage-grouse, but as a means to effect policy changes and impose restrictions to slow energy development and other activities affecting western ecosystems

In 2005, the Service decided not to list the Greater sage-grouse. That decision was reversed and remanded to the Service for reconsideration. As the Service reconsiders its listing decision, western states, federal land management agencies, scientists, environmental and wildlife conservation groups, energy industry representatives, landowners, and ranchers are working to develop and implement conservation strategies to promote the recovery of the sage-grouse. Their common goal is to slow, stop, and eventually reverse the decades-long decline in sage-grouse population by protecting and enhancing sagebrush habitats. They seek to avoid a listing decision that could lead to blanket restrictions on millions of acres of public and private land throughout the West. Some, however, view these efforts as too little and too late, and a listing decision as inevitable.

The Listing Process

Under the ESA, an endangered species is one in...