Environment DEC
From the June 2009 issue
Obama Administration Revokes Rule That Would Have Weakened Endangered Species Protections
The Obama Administration recently reversed a rule put into place by the outgoing Bush Administration that eliminated an important protection for endangered species. Under the Bush adminstration's rule, federal agencies would not have needed to consult with wildlife biologists at the U.S. Fish and Wildlife Service and the National Marine Fisheries Service before undertaking, funding, or approving projects that could impact endangered species .
Protecting Our Rarest
Reacting to the reversal, DEC Commissioner Grannis said, "The rule change put forth in the waning hours of the Bush Administration would have-yet again-put politics ahead of science by reducing the amount of scrutiny given to actions affecting protected species. By reinstating the mandatory reviews of the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS), President Barack Obama is demonstrating his strong commitment to the protection of our most rare natural resources. New York is committed to helping restore endangered and threatened species populations, and we must remain vigilant to keep the necessary protections in place that will help us address existing and future challenges."
The Karner blue butterfly is on both the New York and the federal endangered species lists.
In the last days of 2008, the Bush Administration promulgated a rule that removed the USFWS and NMFS scientists from review of proposed actions involving federal agencies that could affect endangered and threatened species. In January 2009, New York and eight other states sued the federal government seeking to overturn the rule on the ground that it violated the requirement in the Endangered Species Act that federal agencies consult with USFWS and NMFS biologists on actions affecting protected species.
The elimination of the consultation requirement would have left key decisions affecting endangered and threatened species in the hands of project proponents lacking the biological expertise to adequately assess impacts to such species. In March 2009, President Obama directed the departments of Commerce and the Interior to reconsider the rule change.
Affects 33 Species in New York
Currently, 33 species listed as endangered or threatened under the federal Endangered Species Act reside wholly or partially in New York and its navigable waters, including coastal waters. Species on the list include the piping plover, roseate tern, shortnose sturgeon, right whale and green sea turtles, which migrate outside of New York's jurisdiction and beyond the jurisdiction of state protections.
Related Links:
U.S. Fish and Wildlife Service (leaving DEC's site)
National Marine Fisheries Service (leaving DEC's site)
