A recent out-of-court settlement between
certain environmental organizations and the
U.S. Fish and Wildlife Service (USFWS) has
resulted in administrative action by USFWS
that would examine the potential addition of
374 freshwater species in 12 southeastern
states to the federal list of Threatened and
Endangered species. A backlog of potential
or “candidate” plants and animals had
developed in recent years making it
difficult for USFSWS to evaluate the large
and growing list of species. A court case
and subsequent settlement followed requiring
USFWS to expedite a process and make
decisions about these particular species.
Accordingly, USFWS announced its intent
to evaluate whether or not these species
should be granted protection under the
Endangered Species Act subject to a
September 27, 2011 notice in the Federal
Register (Vol. 76, No. 187). USFWS will soon
begin a study of these species to determine
within the next 12 months if there is
sufficient scientific information and data
to support a recommendation in the future
that any of these plants and animals should
be formally declared threatened or
endangered. A copy of the
Federal Register
Notice is available on the Alabama Forestry
Commission (AFC) website. Alabama landowners
are encouraged to review and submit
comments to USFWS regarding the process no
later than November 28, 2011.
Comments may be submitted electronically or
by U.S. mail, no e-mail or faxes will be
accepted. Specific instructions are located
in the
Federal Register
Notice.
Depending upon the following factors, a
species may be determined to be threatened
or endangered:
- The present or threatened
destruction, modification, or
curtailment of its habitat or range;
- Overutilization for
commercial, recreational, scientific, or
educational purposes;
- Disease or predation;
- The inadequacy of existing
regulatory mechanisms; or
- Other natural or manmade
factors affecting its continued
existence.
According to USFWS, 136 of the 374
aquatic plant and animal species are known
to occur in and around streams in Alabama.
It is important that forest landowners be
knowledgeable about the USFWS listing
process and implications for managing
forests now and in the future, particularly
if any of the 136 species are ultimately
designated as threatened or endangered.
Frequently Asked Questions
about the USFWS listing process can be found
on the AFC website or
www.fws.gov/endangered/improving_ESA/listing_workplan.html.
In addition a summary of current federally
listed species in Alabama by county can be
found at
www.fws.gov/daphne/es/specieslst.html
If a species is designated, USFWS will
provide information about habitat and
conservation measures needed to provide
necessary protection and avoid harm to
designated species. Management of private
land could be limited if activities might
harm or damage designated species population
or habitat, and the management activity
involves the federal government in some
capacity such as a permit, license, or
financial assistance. In most every case,
however, any issues regarding potential
impacts to aquatic habitat, whether it
involves Threatened and Endangered Species
or not, can be avoided by incorporating
Best
Management Practices (BMPs) as a part of
forestry operations and activities. BMP
guidance is available from the AFC including
the publication, Alabama’s Best Management
Practices for Forestry, that can be
downloaded from the AFC website. In addition
the Alabama Cooperative Extension System
provides helpful guidance on the safe
application and use of pesticides to avoid
the possibility of impacting streams and
aquatic habitat (see
Alabama Cooperative Extension System's Endangered Species of Alabama.php)
.
The Alabama Forestry Commission will provide
continuing updates and information about the
USFWS Listing process as it becomes
available.