Saturday, September 1, 2012

USFWS Proposes to List Four Central Texas Salamanders as Endangerd -- more "Critter Habitat" in the Edwards Aquifer?





 
The U.S. Fish and Wildlife Service (Service) is seeking public comment on a proposal to protect four salamander species occurring within central Texas as endangered under the Endangered Species Act (ESA).  The Service is also seeking comment on a proposal to designate critical habitat in the Edwards Aquifer for these species in Bell, Travis, and Williamson Counties.
 
The Service has determined that the four salamander species (what I collectively call "CRITTERS"), the Austin blind salamander (Eurycea waterlooensis), Jollyville Plateau salamander (Eurycea tonkawae), Georgetown salamander (Eurycea naufragia) and the Salado salamander (Eurycea chisholmensis), "are presently in danger of extinction throughout their range based on threats from habitat degradation, including reduced water quality and quantity and disturbance of spring sites."
 
Not surprisingly, the Service's study also concluded that "water quality and quantity in the Edwards Aquifer is also being negatively impacted by increasing urbanization and population growth in areas that flow to where the salamanders are found."  As a result, the Feds are also proposing to designate a total of 5,983 acres of critical habitat in 52 units, as follows: 
  • one unit (120 acres total) as critical habitat for the Austin blind salamander in Travis County, Texas;
  • 33 units (4,460 acres total) as critical habitat for the Jollyville Plateau salamander in Travis and Williamson Counties, Texas;
  • 14 units (1,031 acres total) as critical habitat for the Georgetown salamander in Williamson County, Texas; and
  • four units (372 acres total) as critical habitat for the Salado salamander in Bell County, Texas.
"Critical habitat" is a term in the ESA that identifies geographic areas containing features essential for the conservation of a threatened or endangered species, and which may require "special" management considerations or protection.  The ESA defines "conservation" as the actions leading towards the eventual recovery of a species to the point where it is no longer threatened or endangered.

 Generally speaking, a critical habitat designation has no effect on situations that do not involve a federal agency — for example, a private landowner undertaking a project that involves no federal funding or permit. However, federal agencies  (and agencies receiving federal funds) are required to consult with the Service on actions they carry out, fund, or authorize to ensure that their actions will not destroy or adversely modify critical habitat. As you guessed, this often results in lots of bureaucracy and added cost of projects.

Interested persons can submit WRITTEN comments on the proposed Rule on the Federal eRulemaking Portal  (follow the instructions for submitting comments to Docket No. [FWS–R2–ES–2012–0035]) or by U.S. mail or hand-delivery addressed to:

Public Comments Processing
Attn: [FWS–R2–ES–2012–0035]
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042–PDM
Arlington, VA 22203

There will also be two  public meetings/public hearings to gather public comments on the listing proposal. They will take place in Williamson County on September 5, and in Travis County on September 6, 2012.  

For complete FAQ and more information on prtcipating in the public comment process, CLICK HERE. 



 

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Trey Wilson: Texas Water Lawyer -- Texas Groundwater Permit and Water Rights Attorney

Trey Wilson: Texas Water Lawyer -- Texas Groundwater Permit and Water Rights Attorney
Trey Wilson -- Texas Water Lawyer, Groundwater Permit and Water Rights Attorney