Current work in wildlife, rivers, public lands, and climate

Wednesday, June 8, 2011
Fish and Wildlife Service Decides One of Five Imperiled Plants Warrants Protection

Groups Charge that Service Underestimates Need for Safeguards
Contact: Nicole Rosmarino (303) 573-4898 x1163

Contacts:

Megan Mueller, Center for NativeEcosystems, 303-546-0214 x6, megan@nativeecosystems.org

Duane Short,Biodiversity Conservation Alliance, 307-742-7978, duane@voiceforthewild.org

Tony Frates, Utah NativePlant Society, 801-277-9240, unps@unps.org

Washington, DC-June 8. The U.S. Fish and Wildlife Service (Service) hasannounced that a Wyoming plant, the Fremont County rockcress, warrantsprotection (listing) under the Endangered Species Act. The Service declinedactual protection, citing higher priorities. The agency’s decision comes inresponse to a July 2007 petition and subsequent lawsuits filed by WildEarthGuardians and a 1975 petition by the Smithsonian. However, the Service rejectedprotection for four other plants, all found in Wyoming and neighboring states. Allhave previously been candidates for Endangered Species Act protection. All areranked critically imperiled by scientists.

“While we’re pleased the Service recognized that the Fremont Countyrockcress deserves federal protections, we are concerned about the four plantsthe Service rejected. This agency needs to implement the Endangered Species Actin a more precautionary way,” stated Nicole Rosmarino of WildEarth Guardians.“We’re seeing species being rejected for legal safeguards that remain in few placesand there face risks.”

The Fremont County rockcress (Boechera(=Arabis) pusilla) was first made a candidate for listing in 1983. In 1993,the Service recognized it as declining. But in 2000, the agency removed thespecies from the candidate list on the basis that its threats had lessened. Intomorrow’s finding, the agency has reinstated this plant to the EndangeredSpecies Act candidate list, recognizing that it has just one population, with atotal of only 350 plants, and that this small population is declining.

The Service decided against Endangered Species Act protection for theYellowstone sand verbena, Ross’ bentgrass, precocious milkvetch, and Gibbenspenstemon.

The FWS found that the few known populations of theGibbens penstemon (Penstemon gibbensii)have been negatively impacted by oil and gas drilling, roads, and trampling byhumans and livestock, and have no protection from additional impacts due tothese threats in the future. Protecting just three hundred acres fromthese threats could save this beautiful wildflower from extinction. In spite ofthese facts, the FWS denied the Gibbens penstemon protection under theEndangered Species Act.

“TheGibbens penstemon is a lovely purple wildflower that is highly vulnerable toextinction,” said Megan Mueller, Conservation Biologist with Center for NativeEcosystems. “As a consequence of the FWS decision to deny this wildflower theprotection it needs, we are now likely to lose this unique and irreplaceablepart of our natural heritage.”

StatedTony Frates of the Utah Native Plant Society, “Penstemon gibbensii is one of only 32 species with a prioritystatus of ‘extremely high’ as ranked by the Utah Native Plant Society’s rareplant committee, and is one of only a handful of species that occurs in Utahdesignated as such that has no federal protection. Its total range is verysmall and is threatened by mineral development and off-road vehicle recreation.”The Utah Native Plant Society has not taken a position on the other fourspecies at issue in the Service’s decision but is concerned that the agency ismaking it increasingly difficult for imperiled plants to obtain EndangeredSpecies Act protections.

The Yellowstone sand verbena (Abroniaammophila) is found only at four locations totaling 1.5 acres, all on theshores of Yellowstone Lake. While the Service designated this species as acandidate in 1993, it dropped this species from the candidate list, along withthousands of other species, in 1996. A Yellowstone National Park botanistrecommended in 2002 that this species be listed under the Endangered SpeciesAct. However, despite recognizing perils from trampling, drought, and climatechange to this plant, the Service is denying the plant protection in tomorrow’sfinding.

Ross’ bentgrass (Agrostis rossiae)occurs only within limited thermal areas in Yellowstone National Park inWyoming. It has 4 populations, which occupy approximately 12 acres. Intomorrow’s finding, the Service writes that geothermal development couldthreaten this plant. While it states that the Geothermal Steam Act providesprotections for the thermal features in the Park, the Service finds, “This lawshould protect the species, unless high energy costs, such as occurred in thelate 1970s and early 1980s, encourage development interest that results inchanges that weaken these protections.” Current high energy prices should prodprotection in the face of this risk. TheSmithsonian petitioned for this species to be added to the threatened list in1975, and the Service designated it a candidate in 1980. The Service also droppedthe plant from the candidate list in 1996. In tomorrow’s decision, the agencycontinues to deny this plant federal listing.

Precocious milkvetch (Astragalusproimanthus) occurs in a limited area around the Henry’s Fork River inWyoming. It has 3 populations, which collectively inhabit less than 320 acres. TheSmithsonian petitioned for this species to be added to the endangered list in1975, and the Service designated it a candidate in 1980. The Service droppedthis species as well from the candidate list in 1996. While the Servicerecognizes threats from off-road vehicles and energy development, the agency isdenying the plant protection in tomorrow’s finding.

Duane Short of Biodiversity Conservation Alliance in Wyoming said, “Aslong as the Fish & Wildlife Service embraces a culture of deniedprotection, imperiled plants and animals must endure an added unnecessarythreat to their survival. And that unnecessary threat is, in fact, unwarranteddenial of protection.”

There are now more than 260 species of plants andwildlife that are formal “candidates” awaiting federal listing. Over 80percent of these species were first recognized as needing federal protectionmore than a decade ago, including all 5 Wyoming plants. Outside of Hawaii,Salazar has listed only 4 new U.S. species under the Act since takingoffice. At the current pace, it would take a century to get through thebacklog of candidate species in the continental U.S. WildEarth Guardians andthe Service have reached an agreement to address the candidate backlog in atimely manner; the approval of which is pending in federal court in DC.