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Interior will decide 71 listing proposals this year, FWS says

Allison Winter, Greenwire reporter

The Interior Department will decide this year on proposed endangered species listings for 71 species, a nearly tenfold increase in the number of species listed in the Bush administration’s first seven years.

Fish and Wildlife Service Director Dale Hall told a House panel yesterday that the administration would chip away at a backlog of hundreds of species awaiting protection. The service will decide on listings for 71 species this year and 21 more in 2009.

There are more than 280 species on the candidate list, whose listing is “warranted but precluded” because of lack of funding or other higher priorities, federal scientists say. And there are hundreds of additional plants and animals on whose behalf environmentalists have filed petitions.

Among species the agency plans to consider this year: the sand dunes lizard, three kinds of mussels, two snails, insects and dozens of plants.

The effort marks a turnaround for the administration that has hesitated to list any new plants or animals. President Bush’s Interior Department has listed only eight species – compared with 62 by the Clinton administration and 56 under President George H.W. Bush. All eight listings came in response to lawsuits.

If the agency decides to protect any of the 92 species on its list for determinations, the long timeline for such considerations would likely move final decisions to the next administration.

“It took us a little bit, but we hope this will help us to get on track,” Hall said. “We slipped out of the mode.”

Environmentalists have criticized the administration for its hesitance in listing species and said that while this announcement is welcome, there would still be a backlog of hundreds of species.

“I think it certainly indicates a little movement, but this is long overdue movement,” said Bill Snape of the Center for Biological Diversity, which has petitioned and sued for the protection of hundreds of plants and animals under ESA.

“I guess that’s a decent baby step, but the listing program has so many problems associated with it, it is really hard to be overjoyed at this point,” Snape added. In wake of scandals

The service is acting after the Interior inspector general found that the department’s deputy assistant secretary had edited scientific decisions on endangered species. The agency is revising seven rulings that former Deputy Secretary Julie MacDonald was involved in, and Hall said the service has a new policy to keep scientific decisions from reaching political levels.

“The department has allowed me to separate and have the science stop with the director of the Fish and Wildlife Service,” Hall said yesterday. “It should not be creeping up to non-scientists.”

The service director is a political appointee required by law to have a background in biological sciences. MacDonald had a degree in civil engineering and no formal education in natural sciences.

‘Weeks’ until polar bear decision

The administration’s most high-profile listing decision, the polar bear, should be made “within weeks,” Hall said. He said the service has completed its work and the Interior Department is reviewing the decision.

“It needs to be reviewed and explained to Interior, it can take a while to understand,” Hall told reporters.

If listed, the polar bear would be the first mammal protected under ESA because of global warming. Hall said the agency has been “trying to make the decision the best it can be,” but still expects legal challenges.

“We expect a lawsuit no matter what decision we make on almost anything,” Hall said.

Barrasso Once protection for the polar bear is finalized, agencies will be required by law to avoid jeopardizing the species. And the only way to do so is to reduce emissions.

10:22 Lieberman These species have inherent value. If I may go on a moment I was raised in a tradition, it says in the Bible that Adam and Eve have a responsibility to both work and protect the Garden and all that’s in it. We heard in a hearing nearly a year ago quite a remarkable accumulation of testimony. Mr. Hall identified a warming climate and the melting of sea ice as the primary reason polar bears are threatened as a species. 2/3 of the world’s polar bear population could be lost by the middle of the century. That could be a conservative projection. Some are troubled by the coincidence between the delay and the drilling leases.

10:28 Craig I’m just beginning to acquaint myself with this issue. I understand the climate change movement, the emotion involved in all of that, it’s difficult to predict the future. I’ve watched as various organizations have used the ESA as a wedge or a sledgehammer to shape human activities. I’m here to listen. I hope we don’t rush to judgment. History will only say, was it us, or was it Mother Nature? That is still an open question.

10:32 Mr. Hall We reopened and extended the comment period to allow the public to respond to the new USGS research. We expect to present a final decision to Sec. Kempthorne in the very near future. It is important to recognize that the polar bear is protected under several acts and treaties.

10:36 Boxer Did your staff present a recommendation to you?

Hall Yes. I’m working to the proper modes to explain all the questions. It’s not just making the decision, it’s the Congress and public being able to understand. This delay is my responsibility.

Boxer I wouldn’t want that responsibility to be on my shoulders. Look at Mr. Johnson. He hasn’t given one ounce of paperwork to justify his decision. So there’s a precedent. According to Bruce Woods the completed decision from the Alaska field office was sent to HQ December 14th. What was the recommendation?

Hall It would inappropriate for me to discuss internal deliberations.

Boxer You do understand there is a lease sale?

Hall Yes.

Boxer Am I correct that you have not filed a notice for a delay due to significant scientific uncertainty?

Hall I delayed to get all the information together. The quality of the answer is important. We owe those public comments to be responded to.

Hall The vast majority of the public comments supported the science that would support a listing.

We did not believe that there was ample scientific disagreement to warrant using that clause of the Act.

Boxer Have you been in communication with anyone at the White House about the decision?

Hall No, ma’am. I notified the Secretary and the Secretary notified the President.

Boxer I hope you would reconsider this.

Hall I do not take this lightly. But I am committed to getting a high quality decision out there. I don’t want to overpush our staff.

Boxer Can you do it before February 6?

Hall That was our projected date. We’re pushing to get there.

Boxer If you need some staff assistants, we would help you. It would mean a lot to me.

Hall Our staff has worked very hard.

10:52 Lautenberg Did you say February 6 is not possible?

Hall No, we’re trying to make that goal.

Lautenberg Why don’t you make the recommendation that no driling should take place?

Hall It’s a lease sale exercise. Under that exercise our staff in Alaska did work with MMS.

Lautenberg You’re a person of some significant respect in the environmental community. You understand what you’re doing will make a difference how we approach the leases. We need your help to protect the situation.

Barrasso questioning.

11:00 Hall I don’t believe it’s possible for us to meet the legal standard to reach take for emissions done somewhere else on the globe. Right now the greenhouse gas discussions are from all sources. To be able to track something from the action to the effect we have to have the science that makes the bridge. We can’t get there today. When you reach into CAFE standards and industry and our homes we don’t know how to make that responsible for the loss of polar bears. That is the requirement under the law.

11:02 Lieberman You’re a life FWS person. Did you view the USGS survey as credible?

Hall We do. The conclusion was that 2/3 of the habitat they need would be gone.

Lieberman If polar bears are declared endangered, how would that affect the Chukchi lease sale?

Hall There would be a Section 7 consultation. If the lease sales went forward, then the next steps would be industry proposals and then we would consult under the laws.

Section 7 consultation says that no agency take action that may jeopardize the continued existence of a species.

Lieberman The MMS admits between 750-1000 oil spills are likely due to this lease sale. I believe the greatest threat is ice loss. But this is also a source of danger. Would you agree?

Hall Yes, I do.

11:07 Craig This is one senator who’s not going to tell you to rush the science. Take your time. Get the science right. I don’t want you to rush it to stop a lease sale. Some senators want to use this as a blocking tactic. There’s a process.

11:10 Klobuchar I must say I’m concerned. The first petition was made in February 2005.

Hall The standards for ESA and Marine Mammal Protection Act are very close. If it were listed under the ESA one of the first things we’d want to do is synchronize the ESA and MMPA actions.

I firmly believe we should consider the Arctic as an ecosystem. There will be winners and losers.

Warner I believe the polar bear should be listed as endangered.

11:52 Wetzler There is nothing in the MMPA that requires that critical habitat be protected as there is in the ESA.

10:22 am Sensenbrenner What’s the beef?

10:22 am Inslee The idea that the science isn’t clear on what’s happening in the Arctic is bizarre. The ice is gone. I want to ask a question about oil spills.

Luthi I don’t think we would be doing our jobs if we didn’t consider the possibility of a spill. The history has been different. The companies especially in north Alaska have been responsible.

Inslee If I told you there was a 33-51% chance of being run over a bus I think that would be significant. Your statement said there would be a 33-51% chance of a 1000 barrel oil spill.

Luthi Before the ESA kicks in, or if it does, we have worked with FWS very carefully.

Inslee I believe you are acting in willful ignorance of known science. I believe it is negligent in the extreme. You moved before the ESA determination was made. I find that totally disrespectful of the law.

Luthi What would be different would be one more layer of consultation under the ESA. The protections under the Marine Mammals Act are in many ways more strict.

10:29 Walden Do you have other endangered species listed where there is drilling?

Luthi The eiders, and a whale species I believe.

Walden Have you seen threats to these species or loss of life?

Luthi We have seen no blowouts, very small spills. To my knowledge there has not been a take or harassment of endangered species.

10:34 Larson Doesn’t Rep. Markey’s legislation make sense?

Hall Quite frankly, if I hadn’t made the decision to give ourselves more time it would have worked that way anyway. I’m never comfortable telling people what kind of laws they should pass.

Larson Given the record low summer sea ice this year what are you doing to understand the impact on polar bears?

Amstrup The work that we’ve done suggest that the changes in the sea ice have already negatively impacted the polar bears.

10:44 Hall The burden is on us and the science to determine a direct linkage between the take and the endangerment of the species. The science as it is today, even the IPCC information, would not allow us to segment out this particular set of emissions.

10:46 Cleaver Are you familiar with the USS Arizona? Went down in Pearl Harbor. Have you ever gone there to see the ship on the bottom? Each day when people go over it, the number one tourist attraction in Hawaii, oil is still bubbling up. Sixty years later. I watched it last week and realize the lasting impact of oil spills and what it does to the environment. I’m also wondering, do you think the FWS is strictly dealing with fish and wildlife, or does it get into ideological issues? Is it ideological or scientific or is it a mix of two?

Hall Over my 29 years with the FWS I can speak with some confidence that our employees try to be professional and responsible. As far as being ideological I believe that the vast majority of employees and myself believe we should be advocates for truth.

Cleaver So the polar bears, the habitat has been damaged.

Hall We’ve certainly lost 20%. We know the habitat is leaving us.

Cleaver So what’s the problem?

Hall It’s not just making a decision that’s important. It’s making it clear, and why. When I release a document with my signature.

Cleaver How much more habitat do we need to lose for this to be clear?

Hall We need to do something about climate change starting yesterday. We need to control greenhouse gases.

10:53 Amstrup The declines in sea ice predicted haven’t been as fast as what has actually occured.

Rep. Hall Can we quantify that?

Amstrup Yes.

Rep. Hall My constituents are coming out in overflow crowds to find out what they can do about global warming. We just passed a new energy bill to do some things. There are regional cap-and-trade systems being set up. Your statement that “no matter we do we will rely primarily on coal, oil, and natural gas.”

Luthi That comes from the Energy Information Agency. That’s what they tell us.

Rep. Hall You can draw a graph that project different outcomes depending on different policies we adopt. Do we spend billions of dollars getting oil from unfriendly and dangerous places or do we invest in new technologies?

You’re talking about a potential of $100 billion from a $500 million lease.

Luthi The MMS takes very seriously its responsibility to get fair market value.

11:02 Markey What would be the effect of an oil spill be on polar bears?

Amstrup It would depend on the oil spill, but the effect of oil on polar bears in the wild is to kill them.

Markey Would you object if Sec. Kempthorne decided to allow Mr. Hall to make his decision before you were allowed to make the Chukchi sale?

Luthi He is my boss.

Markey We have political players confronting a scientific decision and the chief decisionmaker is Sec. Kempthorne. All he has to do is say, let’s use common sense, and recognize that extinction is forever, and make that decision before we send the oil and gas companies out. Mr. Kempthorne is to blame. In the end, man can adapt but the bear cannot. When the ice is gone, man cheers for new drilling opportunities, but the bear starves and dies.

11:07 Inslee This could result in a suicide squeeze for the polar bear. If the leases are made before the designation, you cannot terminate the leases legally, can you?

Luthi We cannot terminate the leases, no.

Inslee I can’t believe an agency would issue this document saying there’s a 33-51% chance of a major oil spill not taking into account existing technology.

Hall We update the statistics based on new technology. The data reflects the past history. We used the best available information at the time.

Second Panel

11:18 Siegel There is still time to save the polar bear. A first step is to list the polar bear under the Endangered Species Act. We need to also immediately reduce greenhouse gases, not just carbon dioxide, but also methane and black carbon.

11:21 Williams We must delay the Chukchi lease sale. We must provide funding for polar bear study. We must reduce greenhouse gases. Congress would never make a decision without this kind of information. It is the worst kind of irresponsible.

11:29 Clark There are numerous factors that support listing polar bears under the ESA. Number one is the unequivocal loss of sea ice due to global warming. It would fly in the face of the precautionary principles of the ESA for the Interior to take advantage of its own delay in the listing to develop gas and oil drilling.