As protests to energy leases mount in Western states because of concern
about the effects to wildlife, especially sage grouse habitat, the Fish
and Wildlife Service has announced its schedule to initiate a
court-ordered status review of sage grouse under the Endangered Species
Act. Meanwhile, a group of Western states last week issued a set of
recommendations for managing the animal.
Diane Katzenberger, a spokeswoman in the FWS Denver office, said a Federal Register
notice would be published next week announcing initiation of the
12-month review. The initiative results from a federal judge ruling in
December ordering FWS to reconsider its 2005 refusal to add the sage
grouse to the Endangered Species List, saying the agency decision
ignored expert advice (Land Letter, Dec. 6, 2007).
Katzenberger explained that the review will be wrapped up by
December 2008, in compliance with the ruling, and if the agency
proposes listing the species, there will be another yearlong review.
That
is way too much time before protections for sage grouse are levied, a
chorus of environmental groups declare. More importantly, these groups
note that once BLM issues leases, it is very difficult and very unusual
to impose new regulations to protect wildlife and their habitat if
indeed an ESA listing for sage grouse is put in place.
"When
BLM issues a lease, they grant the lessee the right to develop as much
of the land as necessary to extract the oil and gas from the lease.
This right is constrained only by stipulations that BLM attaches when
they issue the lease," said Megan Corrigan, staff biologist for the
Center for Native Ecosystems.
Katzenberger agreed. "If
there is already a contractual agreement in place, it remains in
place," she said. She explained that subsequent to a listing, a land
management agency could work with a permittee "to reduce harm to the
species," but she emphasized that such an agreement would be voluntary.
"If
the BLM continues to issue new leases, the species could decline to the
point of no return before the Fish and Wildlife Service has time to
issue a new decision," Corrigan added.
States take the matter into their own hands
Absent
federal action to protect sage grouse, several states last week issued
recommendations for managing the animal. Wyoming, Colorado, Utah, South
Dakota and North Dakota issued their "multi-state sage grouse
coordination and research-based recommendations" meant to guide
decisions affecting sage grouse.
The Jan. 29 document
includes recommendations concerning specific lease stipulations, such
as density of well pads in a development area proximity to breeding
leks, and seeks consistency among the states for what rules are put in
place. The states recommend that individual state BLM offices integrate
the recommendations in their decisions.
The package is
applauded by several environmental groups, but they note that federal
action is critical to proper protection of the species. Corrigan said,
"Private landowners, state wildlife agencies, conservation
organizations are all working hard to do their part to protect the sage
grouse, but all of these efforts will be for naught unless the BLM gets
serious about protecting the grouse from the negative impacts of oil
and gas development."
Upcoming lease sales
Though several environmental
groups are concerned about leases issued during the review, BLM is
forging forward with several lease sales in areas considered prime
habitat for sage grouse and other animals. Meanwhile, several
environmental groups are continuing their protests to the sales.
In
southwestern Colorado, BLM is planning a Feb. 14 energy sale for 31
parcels that cover more than 24,000 acres. The area in question hosts
not only sage grouse habitat but also mule deer habitat.
Mule
deer habitat has been significantly affected by energy development,
says the Theodore Roosevelt Conservation Partnership. Disruptions due
to energy development in conjunction with heavy snowfall, thick ice
crusts and low temperatures are preventing the animal from accessing
normal food supplies, creating huge problems for the survival of mule
deer, TCRP claims.
"Access means survival to big-game
species. When winter range is fragmented by oil and gas development,
these animals have no place to go," said Dwayne Meadows, a TRCP field
representative in Laramie, Wyo.
BLM is also planning a
Feb. 19 energy sale concerning 44 parcels encompassing 74,000 acres in
Utah. The area hosts sage grouse, mule deer, elk, pronghorn and trout
habitat.
"Leasing these lands without a good plan for
species conservation is not the way to move forward on the public lands
that all Americans share," said Joel Webster, a TRCP field
representative.
The actions come on the heels of protests
to energy leases in Wyoming due, in large part, to concerns over
impacts to sage grouse habitat (Land Letter, Jan. 24).
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