Mass. Court Upholds Priority Habitat

BOX TURTLE 2A central Massachusetts land owner sued for the right to build on his property without restriction, despite the fact that the land was deemed “priority habitat” for the state endangered Eastern box turtle. The case was first heard in court in 2009.

Last week the Massachusetts Supreme Judicial Court ruled against landowner, upholding the concept of priority habitat in the state. The landowner, however, did not argue that his land was not actually habitat for the turtle (although that is implied in the newspaper articles about the case), but that the Department of Fish and Game’s use of a “priority habitat” designation and rules was not found in the state’s endangered species law.

Because the legal case splits the difference between state law and agency regulations, the local newspaper’s coverage dives right in to all the hairsplitting details. There are many lessons here for state wildlife agencies regarding habitat designations for endangered species, although the big lesson seems to be if a rich guy wants to build his retirement home on endangered species habitat, expect a stink.

The tone of the articles favors the landowner, and it appears that many readers missed the point that the landowner has always been allowed to build on the land, but there are conditions he objects to. It also appears that the land was known box turtle habitat before the landowner purchased it.

The Springfield Republican article announcing last week’s verdict.
A past article by the Republican on the case.

Photo: Box turtle, courtesy US Fish and Wildlife Service

Fish and Wildlife to the Rescue

Florida panther kitten FWCFish and Wildlife personnel rescue wildlife all the time. Sometimes they rescue rare wildlife. But this week there were two rescues of critically endangered species in adjoining states. Actually, Florida Fish and Wildlife Conservation Commission staffers were involved in both rescues.

Off the coast of Georgia, a rescue team that included Georgia Department of Natural Resources biologists cut over 100 yards of heavy fishing rope from a 4-year-old male North Atlantic right whale, allowing it to swim more easily. The young whale one of only about 450 remaining North Atlantic right whales.

Read the Georgia Department of Natural Resources press release here.

In Florida, biologists from the Florida Fish and Wildlife Conservation Commission (FWC) and the Conservancy of Southwest Florida discovered an approximately week-old Florida panther kitten while conducting research at the Florida Panther National Wildlife Refuge in Collier County in mid-January.

There are 100 to 160 Florida panthers in the wild today, but this kitten will no longer be among them. Because it is too young to have learned survival skills from its mother, it will have to live in captivity. But with a gene pool this small, even captive individuals help with diversity.

Read the Florida Wildlife Commission press release here.

Photo: When you look at this Florida panther kitten, make sure you are thinking, “populations, not individuals.” Photo by Carli Segelson, courtesy Florida Wildlife Commission.

 

Wiscondsin Adjusts Endangered & Threatened List

Blandings_TurtleFifteen native birds, plants and other animals have been removed from Wisconsin’s endangered and threatened species list effective Jan. 1, 2014, says a Wisconsin Department of Natural Resources (WDNR) press release. Eight other species, including the black tern, the federally endangered Kirtland’s warbler, and the upland sandpiper, have been added to the list, the release goes on to say, as well as five invertebrates — the beach-dune tiger beetle, ottoe skipper, a leafhopper, an Issid planthopper, and fawnsfoot mussel.

The 15 species removed from the list include seven animals: the greater redhorse, a fish; the barn owl, snowy egret, and Bewick’s wren; the pygmy snaketail, a dragonfly; and two reptiles, the Blanding’s turtle and Butler’s gartersnake.

While Blanding’s turtle no longer meets the scientific criteria for listing, the release says says, the population is vulnerable to harvest and collection. To address this, the DNR has started a new administrative rule process to add the Blanding’s turtle to the Protected Wild Animals List.

Read the WDNR press release here.
A preliminary draft of the economic impact analysis and a draft of the proposed rule order are available for download at the DNR’s proposed permanent rules page or at Wisconsin’s administrative rules page.

Photo: A Blanding’s turtle in Massachusetts, courtesy US Fish and Wildlife Service

Wisconsin Nongame Program Changes Name

Wisc DNRAfter 40 years as the Wisconsin Bureau of Endangered Resources, the program charged with caring for that state’s endangered resources is now known as the Bureau of Natural Heritage Conservation. The change took place on July 1.

“Our name has changed but our mission is the same,” says Erin Crain, who took over in October 2012 as bureau director, in a Wisconsin Department of Natural Resources press release. However, the same press release mentions changes in organization and budget with the goal of filling long-standing vacancies in field positions.

Read the entire press release from the Wisconsin Department of Natural Resources, here.

Kansas Kicks Off 5 Year Review

kansas piping ploverThe Kansas Department of Wildlife, Parks and Tourism (KDWPT) has begun a review of threatened, endangered, or species-in-need-of-conservation (SINC) species, a department press release says. The review is required every five years by state law.

The last time Kansas reviewed its lists, in 2008, it added the shoal chub, plains minnow, and delta hydrobe snail to the threatened list and removed the bald eagle and peregrine falcon.

The KDWPT relies on a task force, which includes members from universities and federal agencies, to make suggestions for changes to the list. The task force’s recommendations are presented to the KDWPT Secretary and the Kansas Wildlife, Parks and Tourism Commission.

The public can petition the task force to include (or remove) a species. The form (a PDF) is available on-line, here.

Read the KDWPT press release here.
Read more information about the state’s endangered and threatened species list here.

Photo: Piping plovers are threatened in Kansas. Courtesy KDWPT.

More Whooping Cranes in Louisiana

Whooping cranes in LouisianaFourteen additional whooping cranes will be re-introduced to southwestern Louisiana in late November, according to an Associated Press article. These whooping cranes will join the survivors of two other groups of whooping cranes that had been reintroduced in February and December 2011.

According to the Louisiana Department of Wildlife and Fisheries, the last record of a whooping crane in Louisiana dates back to 1950. That bird was moved to Texas to join others of its kind. Fittingly, the first birds re-released in Louisiana were located where the last one had lived. Only three of the first group of 10 whooping cranes survived their first year, and 12 of the second group of 16 have survived until now.

Read the AP story in the Houston Chronicle, here.
Read information from the Louisiana Department of Wildlife and Fisheries, here.

Photo: Whooping cranes are habituated in Louisiana in 2011 before release. Courtesy Louisiana Department of Wildlife and Fisheries.