Endangered Species Settlement Agreement: U.S. Fish and Wildlife ServiceObligations in FY 2011 [Updated: September 26, 2011]On May 10, 2011, WildEarth Guardians entered into a sweeping settlement agreementwith the U.S. Fish and Wildlife Service that resolved years of litigation and should accelerate specieslistings under the Endangered Species Act (ESA). Under the agreement, the Service will address ESAlisting for 252 candidate species by September 2016. The agency will also prepare petition findings,listing determinations, and other rules for more than 600 additional species. Altogether, nearly 900species are covered by the agreement.Judge Emmet Sullivan (Washington, D.C. District Court) approved the settlement agreement onSeptember 9, 2011. The Service consented to take action on a significant number of species by the endof fiscal year 2011 in the agreement (September 30, 2011). The agency is obligated to: Publish final listing rules (with or without proposed/revised/final critical habitat designation) for 14 species. Actions taken to date: 12 species. Publish proposed listing rules (with or without proposed/revised critical habitat designation) or “not warranted” listing determinations for 40 species. Actions taken to date: 30 species. Publish 12 month listing determinations for 56 species. Actions taken to date: 39 species. Publish 90 day petition findings for 516 species. Actions taken to date: 458 species. Publish proposed/revised/final critical habitat designation or other actions for 105 species. Actions taken to date: 102 species.FY 2011 Final Listing Rules (Proposed/Final Critical Habitat Designation) FWSRegional Species Required Action Action Taken? Office Final listing rule, final rule for 3 Ozark hellbender protection under CITES, app. III Final listing rule and 4 Altamaha spinymussel final critical habitat designation. 3 species listed as Final listing rule and Georgia pigtoe, interrupted rocksnail, rough “endangered” with 4 final critical habitat hornsnail critical habitat designation. 11/02/11 5 Southeast fishes (Cumberland Darter, Rush Final listing rule and 5 species listed as 4 Darter, Yellowcheek Darter, Chucky proposed critical “endangered” Madtom, and Laurel Dace) habitat designation. 08/09/11 Listed as “threatened” (DeBeque phacelia, Final listing rule and 3 Colorado plants (DeBeque phacelia, Parachute penstemon) 6 proposed critical Parachute penstemon, Pagosa skyrocket) and “endangered” habitat designation. (Pagosa skyrocket) with proposed critical habitat
07/27/11 Final listing rule and Listed as “endangered” 8 Casey’s June Beetle final critical habitat with critical habitat designation. 09/02/11 Species Addressed (to date) 12FY 2011 Proposed Listing Rules (Proposed/Revised Critical Habitat Designation) or “Not Warranted”Listing Determinations FWSRegional Species Required Action Action Taken? Office Proposed listing, proposed 4 Llanero coqui critical habitat designation or “not warranted” determination. Proposed listing or “not 2 Cactus ferruginous pygmy owl1 warranted” determination. 2 species proposed “endangered” Proposed listing or “not 3 Sheepnose, spectaclecase 01/19/11 warranted” determination. (critical habitat not determinable) Dunes sagebrush lizard (aka Sand Proposed listing or “not Proposed “endangered” 2 dune lizard) warranted” determination. 12/14/10 2 species proposed Proposed listing or “not 3 Rayed bean, snuffbox “endangered” warranted” determination. 11/02/10 2 species proposed 2 Arizona springsnails Proposed listing, proposed “endangered” with 2 (Pyrgulopsis bernardina, P. critical habitat designation or critical habitat trivialis ) “not warranted” determination. 04/12/11 8 Gulf Coast mussels (round ebonyshell, southern kidneyshell, Proposed listing, proposed narrow pigtoe, southern 4 critical habitat designation or sandshell, fuzzy pigtoe, Choctaw “not warranted” determination. bean, tapered pigtoe, Alabama pearlshell) 23 species proposed Proposed listing, proposed “endangered” with 1 23 Oahu species critical habitat designation or critical habitat “not warranted” determination. 08/02/11 Species Addressed (to date) 301 The Fish and Wildlife Service consented in a separate settlement agreement with the Center for BiologicalDiversity to publish a propose listing rule or “not warranted” listing determination for the cactus ferruginouspygmy owl. WildEarth Guardians agreement only required a 12 month listing determination for the owl, in whichcase the agency could have found the species “warranted, but precluded” for listing under the ESA.