Despite intense opposition from local and state politicians, the U.S. Fish and Wildlife Service decided Wednesday that the Gunnison sage grouse deserves federal protection under the Endangered Species Act.
But in an apparent effort to minimize the designation’s impact on agriculture and oil-and-gas in the bird’s habitat, the Service listed it as threatened, a less restrictive level than the proposed endangered status.
Still, the decision is significant because of the “no take” provision.
“Now you cannot kill or harass a Gunnison sage grouse within the critical habitat zone, or negatively modify its habitat,” said Erik Molvar, of Wild Earth Guardians. “It is a small step forward.”
A key provision in the threatened status is the 4(d) rule, which adds flexibility to accommodate farming and ranching in the critical habitat zone.
So what does 4(d) mean?
According to the USFW, it tailors restrictions to only those that are necessary for the conservation of the species. The rule may exempt from ESA restrictions a number of ongoing activities, including:
Properly managed livestock and ranching;
Routine agricultural practices on existing row crops, hay fields, and pastures;
Habitat improvement conducted under the federal ‘Sage-Grouse Initiative’ or Conservation Reserve Program’;
And limited expansion of existing agricultural, residential and commercial facilities.
The USFWS plans to move forward with the 4(d) rule process in 2015. Its language still needs to be worked out, and will include meetings for public input.
“Endangered was not appropriate,” said USFWS spokesman Theo Stein. “Threatened” leaves the chance to negotiate with county and BLM on land-use plans.
The measure will exempt “no take” rules in situations where conservation measures are deemed sufficient.
For Wild Earth Guardians, the threatened status is not enough to save the bird, and will trigger lawsuits from environmental groups.
Meanwhile, counties and the state of Colorado also have indicated they plan legal challenges against the listing itself.