February 9, 2023

Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations

SUMMARY: The Fish and Wildlife Service (Service or we) prescribes final frameworks from which States may select season dates, limits, and other options for the 2016-17 migratory bird hunting seasons. The effect of this final rule is to facilitate the States’ selection of hunting seasons and to further the annual establishment of the migratory bird hunting regulations. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in hunting seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.<<<Read More>>>


ESA: Definition of Destruction or Adverse Modification of Critical Habitat

SUMMARY: The U.S. Fish and Wildlife Service (FWS) and the National 
Marine Fisheries Service (NMFS), collectively referred to as the 
``Services'' or ``we,'' revise a regulatory definition that is
integral to our implementation of the Endangered Species Act of 1973, 
as amended (Act or ESA). The Act requires Federal agencies, in 
consultation with and with the assistance of the Services, to insure 
that their actions are not likely to jeopardize the continued existence 
of endangered or threatened species or result in the destruction or 
adverse modification of critical habitat of such species. On May 12, 
2014, we proposed to revise the definition for ``destruction or adverse 
modification'' in our regulations as this definition had been found to 
be invalid by two circuit courts. In response to public comments 
received on our proposed rule, we have made minor revisions to the 
definition. This rule responds to section 6 of Executive Order 13563 
(January 18, 2011), which directs agencies to analyze their existing 
regulations and, among other things, modify or streamline them in 
accordance with what has been learned.

FINAL RULE: Listing Endangered and Threatened Species and Designating Critical Habitat; Implementing Changes to the Regulations for Designating Critical Habitat

Policy Regarding Implementation of Section 4(b)(2) of the Endangered Species Act

Does Policy Dictate Law or Law Dictate Policy

Pretend for a moment that the United States, in which we live, is governed by a constitution; one in which most Americans have been taught actually exists and once existed. Now that that is straight, consider.

It was recently announced, quietly, that the White House Office of Administration and the Executive Office, were formally placing in the Federal Register a “Final Rule” that would exempt those offices from the Freedom of Information Access Act (FOIA) law. The Summary reads:<<<All of it HERE>>>

SUMMARY: The Executive Office of the President, Office of Administration, is removing regulations from the Code of Federal Regulations related to the status of records created and maintained by the Executive Office of the President. This action is being taken in order to align Office of Administration policy with well-settled legal interpretations of the Office of Administration’s status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency under the Freedom of Information Act or the Privacy Act of 1974, nor does its implementation of Executive Order 13526 affect members of the public. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect.[emboldening added]

I think what we have here is a good example of how policy dictates law. There was never a “law” that exempted the White House from complying with FOIA. They just didn’t do it. Bush was even bolder and extended his noncompliance. Obama, moreso. The reason? Each president set their own “policy.” The Courts then recognized the “policy” and in certain court rulings made it clear that “policy” was law. Policy and precedent establishes tyrannical law.

To make sure that this “policy,” never debated and acted upon by Congress or the voting public, remained in effect, the White House simply recorded it in the Federal Register…as “settled policy”; I suppose not so much unlike the “settled science” of climate change.

Some people ignore and/or dismiss executive actions and announcements of “policy,” not understanding the ramifications that can follow. Here’s just one example.


USFWS Release Candidate’s List For ESA Protection

*Editor’s Note*Below is a copy of a press release issued by the U.S. Fish and Wildlife Service announcing their candidate list of species to be considered for protection under the Endangered Species Act. The attached link provides readers the opportunity to see a complete listing of species and proposals.

Most readers know that I have stated for years that the Endangered Species Act, as it is written and administered, needs to be destroyed as the abuses of the Act are so overwhelming that protection of species is mostly by happenstance than anything the Act accomplishes.

One of the real goals – or at least has become a significant tool for personal agendas – is the use of the ESA to strip Americans of their rights and freedom toward life, liberty and the pursuit of happiness.

The USFWS is an entity controlled by the environmental movement. USFWS does what environmentalists tell them to do. You don’t need a Ph.D. to figure that out. Environmental impact statements are falsified and any studies done in support of any of these actions are outcome-based studies in which government agencies manipulate data, lie, cheat and steal to produce a study to support the demands of the environmentalists.

A clear cut example of this shows up in a recent USFWS proposal to remove dams along the Klamath River, in Oregon and Washington, for their stated purpose of restoring waterways for wild salmon, even though science can’t show that salmon runs in that river are historical. But let’s not let facts get in the way.

In the USFWS proposal to remove dams, their “studies” showed that removal of the dams would create very little impact on the people of region. Is this an accurate, or better yet, truthful assessment of how the people of that region actually think?

Not according to a one of kind “Public Impact Assessment” (PIA) that was done independent of the government or any other non governmental agency, non profit or individual paying for the assessment. While the people living in proximity to the Klamath River, where 4 dams are being discussed for removal, the majority of the people there find protecting the fish important and are concerned about flooding once the dams are removed. But more importantly, the people consider removing the dams as having a very high rate of impact on them as it pertains to “energy costs, agricultural water deliveries, hydropower, employment, local business income, farm and ranch income, per capita income, community water deliveries, and local tax revenue.”

So, it is an excellent idea to bear in mind when reviewing the USFWS’s proposed list of candidate species for protection, to consider that more than likely their assessment of impact to the environment and/or the people, is a crock of excrement.

For additional information on Obama’s planned use of the ESA to continue his destruction of property rights and the economy, read this article.

U.S. Fish and Wildlife Service Releases Annual List of Candidates for Endangered Species Act Protection

November 20, 2012

Chris Tollefson

The U.S. Fish and Wildlife Service today released its Candidate Notice of Review, a yearly appraisal of the current status of plants and animals considered candidates for protection under the Endangered Species Act (ESA). Three species have been removed from candidate status, two have been added, and nine have a change in priority from the last review conducted in October of 2011.

There are now 192 species recognized by the Service as candidates for ESA protection, the lowest number in more than 12 years. This reduction reflects the Service’s successful efforts to implement a court-approved work plan that resolves a series of lawsuits concerning the agency’s ESA Listing Program. Since its implementation, this agreement has significantly reduced litigation-driven workloads and allowed the agency to protect 25 candidate species under the ESA, and propose protection for 91 candidate species.

The agreement will continue to allow the agency to focus its resources on the species most in need of the ESA’s protections over the next five years, said Fish and Wildlife Service Director Dan Ashe.

“We’re continuing to keep the commitments we made under this agreement, which has enabled us to be more efficient and effective in both protecting species under the ESA, as well as in working with our partners to recover species and get them off the list as soon as possible,” said Director Ashe. “Our ultimate goal is to have the smallest Candidate List possible, by addressing the needs of species before they require ESA protection and extending the ESA’s protections to species that truly need it.”

Ashe noted that the work plan will enable the agency to systematically review and address the needs of every species on the 2011 candidate list – a total of more than 250 unique species – over a period of six years to determine if they should be added to the Federal Lists of Endangered and Threatened Wildlife and Plants.

Candidate species are plants and animals for which the Service has enough information on their status and the threats they face to propose them as threatened or endangered, but developing a proposed listing rule is precluded by the need to address other higher priority listing actions. Candidate species do not receive protection under the ESA, although the Service works to conserve them. The annual review and identification of candidate species provides landowners and resource managers notice of species in need of conservation, allowing them to address threats and work to preclude the need to list the species. The Service is currently working with landowners and partners to implement voluntary conservation agreements covering 5 million acres of habitat for more than 130 candidate species.

Today’s notice identifies two new candidate species: Peñasco least chipmunk (Sacramento and White Mountains, New Mexico) and Cumberland arrow darter (Kentucky and Tennessee). All candidates are assigned a listing priority number based on the magnitude and imminence of the threats they face. When adding species to the list of threatened or endangered species, the Service addresses species with the highest listing priority first. The nine changes in priority announced in today’s notice are based on new information in the updated assessments of continuing candidates. These changes include five species that increased in priority and four that lowered in priority.

The three species removed from the candidate list include elongate mud meadow springsnail, Christ’s paintbrush, and bog asphodel. Based on protections for almost all sites, the identification of additional sites, and updated information on threats, the bog asphodel no longer needs the protection of the ESA. The removal of the springsnail and paintbrush is based on the successful conservation efforts by other federal agencies. Efforts by the Bureau of Land Management for the springsnail fully addressed the threats from recreational and livestock use of the springs where the snail exists. Also, three additional populations of the springsnail have been discovered, making this species less vulnerable to random, naturally occurring events than previously thought. For Christ’s paintbrush, the U.S. Forest Service has successfully implemented numerous conservation actions that have ameliorated most of the previously known threats and established long-term monitoring programs to document their effectiveness on conservation actions. There is a long-term commitment by the Forest Service, through a 2005 Candidate Conservation Agreement and 2012 Memorandum of Agreement with the Service, to continue to implement conservation actions for this species.

The Service is soliciting additional information on the candidate species, as well as information on other species that may warrant protection under the ESA. This information will be valuable in preparing listing documents and future revisions or supplements to the candidate notice of review.

The Service also has multiple tools for protecting candidate species and their habitats, including a grants program that funds conservation projects by private landowners, states and territories. In addition, the Service can enter into Candidate Conservation Agreements (CCAs), formal agreements between the Service and one or more public or private parties to address the conservation needs of proposed or candidate species, or species likely to become candidates, before they actually become listed as endangered or threatened. CCA participants voluntarily commit to implementing specific actions removing or reducing the threats to these species, thereby contributing to stabilizing or restoring the species. Through 110 CCAs, habitat for more than 100 species is managed on federal, state, local agency, tribal and private lands; many CAAs have multiple cooperators focusing conservation actions in an area supporting a single or multiple species.

Another similar tool is the Candidate Conservation Agreement with Assurances (CCAAs). While these voluntary agreements are only between the Service and non-Federal landowners, they have the same goals as CCAs in addressing threats to candidate species, but with additional incentives for conservation actions on non-Federal lands. More than 71 landowners in 18 states have enrolled in CCAAs that cover over 1 million acres of habitat for 41 species.

The complete notice and list of proposed and candidate species appears in the Federal Register and can be found online at http://www.fws.gov/endangered/what-we-do/cnor.html.