U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 attention Janet Stuckrath Dear Janet, On what legal foundation does USFWS base its denial that our Heritage herd is NOT a protected species? Or that this herd, as a distinct population segment of a special status species, is not eligible for mitigation credits to benefit property owners participating in ESA mitigation banking? This option would be a win win for the land owner and the Herd. It is also consistent with the County Habitat Management Plans (HMPs) and MSCPs which encompasses state and federal lands within the county. The options are based on the premise that in structure and purpose, the Wild Free-Roaming Horses and Burros Act is nothing more than a land-use regulation enacted by Congress to ensure the survival of a particular species of wildlife.(Mountain States v. Hodel) BLM’s 2001 Special Status Species Policy requires that “sensitive “species be afforded, at a minimum, the same protections as a candidate species for listing under the ESA. The Wildlife Habitat Incentive Program (WHIP) offers a voluntary program for conservation-minded landowners who want to develop and improve wildlife habitat on agricultural land and includes: • Increasing the proportion of annual funds available for long-term agreements (15 years or longer) to 25 percent; • Establishes a $50,000 annual payment limit per person or legal entity. • Providing the Secretary of Agriculture discretionary authority to address state, regional, and national conservation priorities; and Applications are accepted continuously and are ranked by the State Conservationist, based upon criteria developed with input from the state technical committee. The program is available in all 50 states and territories. (§ 1610.7-2 ) Areas having potential for Areas of Critical Environmental Concern (ACEC) Areas having potential for Areas of Critical Environmental Concern (ACEC) designation and protection management shall be identified and considered throughout the resource management planning process (see §§1610.4–1 through 1610.4–9). (a) The inventory data shall be analyzed to determine whether there are areas containing resources, values, eligible for further consideration for designation as an ACEC. In order to be a potential ACEC, both of the following criteria shall be met: (1) Relevance. There shall be present a significant historic, cultural, scenic value or wildlife resource (2) Importance. The above described value, resource, system, process, shall have substantial significance and values. This generally requires qualities of more than local significance and special worth, consequence, meaning, distinctiveness, or cause for concern. (b) The approval of a resource management plan, plan revision, or plan amendment constitutes formal designation of any ACEC involved. The approved plan shall include the general management practices and uses, including mitigating measures, identified to protect designated ACEC. Timely attention to this matter is critical, as it affects the RMP consolation process with various agencies and property owners. Sincerely, Kathleen Hayden
Posted on: Sat, 27 Jul 2013 21:07:28 +0000
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