WildEarth Guardians

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 Native Ecosystems, 303-546-0214 x6, megan@nativeecosystems.org

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

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

Washington, DC-June 8. The U.S. Fish and Wildlife Service (Service) has announced that a Wyoming plant, the Fremont County rockcress, warrants protection (listing) under the Endangered Species Act. The Service declined actual protection, citing higher priorities. The agency’s decision comes in response to a July 2007 petition and subsequent lawsuits filed by WildEarth Guardians and a 1975 petition by the Smithsonian. However, the Service rejected protection for four other plants, all found in Wyoming and neighboring states. All have previously been candidates for Endangered Species Act protection. All are ranked critically imperiled by scientists.

“While we’re pleased the Service recognized that the Fremont County rockcress deserves federal protections, we are concerned about the four plants the Service rejected. This agency needs to implement the Endangered Species Act in a more precautionary way,” stated Nicole Rosmarino of WildEarth Guardians. “We’re seeing species being rejected for legal safeguards that remain in few places and 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 the species from the candidate list on the basis that its threats had lessened. In tomorrow’s finding, the agency has reinstated this plant to the Endangered Species Act candidate list, recognizing that it has just one population, with a total of only 350 plants, and that this small population is declining.

The Service decided against Endangered Species Act protection for the Yellowstone sand verbena, Ross’ bentgrass, precocious milkvetch, and Gibbens penstemon.

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

“The Gibbens penstemon is a lovely purple wildflower that is highly vulnerable to extinction,” said Megan Mueller, Conservation Biologist with Center for Native Ecosystems. “As a consequence of the FWS decision to deny this wildflower the protection it needs, we are now likely to lose this unique and irreplaceable part of our natural heritage.”

Stated Tony Frates of the Utah Native Plant Society, “Penstemon gibbensii is one of only 32 species with a priority status of ‘extremely high’ as ranked by the Utah Native Plant Society’s rare plant committee, and is one of only a handful of species that occurs in Utah designated as such that has no federal protection. Its total range is very small and is threatened by mineral development and off-road vehicle recreation.” The Utah Native Plant Society has not taken a position on the other four species at issue in the Service’s decision but is concerned that the agency is making it increasingly difficult for imperiled plants to obtain Endangered Species Act protections.

The Yellowstone sand verbena (Abronia ammophila) is found only at four locations totaling 1.5 acres, all on the shores of Yellowstone Lake. While the Service designated this species as a candidate in 1993, it dropped this species from the candidate list, along with thousands of other species, in 1996. A Yellowstone National Park botanist recommended in 2002 that this species be listed under the Endangered Species Act. However, despite recognizing perils from trampling, drought, and climate change to this plant, the Service is denying the plant protection in tomorrow’s finding.

Ross’ bentgrass (Agrostis rossiae) occurs only within limited thermal areas in Yellowstone National Park in Wyoming. It has 4 populations, which occupy approximately 12 acres. In tomorrow’s finding, the Service writes that geothermal development could threaten this plant. While it states that the Geothermal Steam Act provides protections for the thermal features in the Park, the Service finds, “This law should protect the species, unless high energy costs, such as occurred in the late 1970s and early 1980s, encourage development interest that results in changes that weaken these protections.” Current high energy prices should prod protection in the face of this risk. The Smithsonian petitioned for this species to be added to the threatened list in 1975, and the Service designated it a candidate in 1980. The Service also dropped the plant from the candidate list in 1996. In tomorrow’s decision, the agency continues to deny this plant federal listing.

Precocious milkvetch (Astragalus proimanthus) occurs in a limited area around the Henry’s Fork River in Wyoming. It has 3 populations, which collectively inhabit less than 320 acres. The Smithsonian petitioned for this species to be added to the endangered list in 1975, and the Service designated it a candidate in 1980. The Service dropped this species as well from the candidate list in 1996. While the Service recognizes threats from off-road vehicles and energy development, the agency is denying the plant protection in tomorrow’s finding.

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

There are now more than 260 species of plants and wildlife that are formal “candidates” awaiting federal listing. Over 80 percent of these species were first recognized as needing federal protection more 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 taking office. At the current pace, it would take a century to get through the backlog of candidate species in the continental U.S. WildEarth Guardians and the Service have reached an agreement to address the candidate backlog in a timely manner; the approval of which is pending in federal court in DC.