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Salazar keeps ESA rule for polar bears Says that revoking the rule would cause confusion without improving conservation; U.S. Fish and Wildlife will monitor situation Alan Bailey Petroleum News
Secretary of the Interior Ken Salazar announced May 8 that he is retaining the Endangered Species Act special rule for polar bears, the rule introduced in May 2008 when the polar bear was listed under the ESA, a listing that primarily resulted from the contraction of the extent of Arctic sea ice, the creatures’ primary habitat.
Scientists have linked the downward trend in the Arctic sea ice cover to global warming, a climatic trend largely attributed to greenhouse gases such as carbon dioxide in the atmosphere.
The special polar bear rule, finally published under the Bush administration in December, eliminates the possibility of greenhouse gas emissions outside the range of the bears being considered as a take of the bears under the ESA, and also allows the bears to be conserved under the terms of the Marine Mammals Protections Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Without this special rule anyone creating carbon dioxide emissions could potentially be viewed as violating the ESA.
Appropriations rider In February, Congress introduced a rider to the 2009 omnibus appropriations bill to allow the withdrawal of the special polar bear rule and the withdrawal of another regulation change published at the same time relaxing the terms under which government agencies had to consult over the potential impact of activities on a listed species. The appropriations bill rider enabled withdrawal of both regulation changes without public comment, with a deadline of May 9 for withdrawal.
On April 28 Salazar and Secretary of Commerce Gary Locke announced that they were revoking the ESA consultation regulation change, but the May 8 announcement by Salazar indicates that the polar bear special rule will remain in place.
“To see the polar bear’s habitat melting and an iconic species threatened is an environmental tragedy of the modern age,” Salazar said in announcing his decision on the polar bear rule. “This administration is fully committed to the protection and recovery of the polar bear. I have reviewed the current rule, received the recommendations of the Fish and Wildlife Service, and concluded that the best course of action for protecting the polar bear under the Endangered Species Act is to wisely implement the current rule, monitor its effectiveness, and evaluate our options for improving the recovery of the species.”
No additional protection Revoking the special rule would offer no additional protection to the polar bear, but would result in uncertainty and confusion about the management of the species, Salazar said. With the current polar bear protections in place, scientists will closely monitor the status of the polar bear’s recovery and determine if any new rule needs to be put in place.
“In addition we will continue to reach out and listen to the public and a wide range of stakeholders,” Salazar said.
The Endangered Species Act is not an appropriate vehicle for the control of carbon emissions, Salazar said.
“Instead we need a comprehensive energy and climate change strategy that curbs climate change and its impacts,” Salazar said. “… Both President Obama and I are committed to achieving this climate change and renewable energy strategy. And both President Obama and I are committed to do everything we can to protect the polar bear and its habitat.”
Earlier rule version Rowan Gould, acting director of the U.S. Fish and Wildlife Service, also commented that, were the final special polar bear rule published in December to be revoked, an earlier version of the rule, published in May 2008 when the polar bear was listed, would come into effect. That earlier version is almost identical to the final rule, but would consider greenhouse gas emissions throughout Alaska as potential polar bears “takes,” thus creating significant confusion.
In addition, even if there were no limitations placed on considering greenhouse gas emissions as takes under the ESA, it would not be possible in practice to directly link an individual greenhouse gas emission to the impact on a specific bear, bear population or bear habitat, Gould said.
“This direct ‘connect the dots’ standard that is part of the Endangered Species Act … is integral to the operation of our activities and it’s been upheld in court rulings,” Gould said.
But, with the final rule remaining in place, Fish and Wildlife will not only monitor the continuing condition of the polar bear population and its habitat, but will also “monitor potential impacts of actions such as oil and gas development that might impact the bear habitat,” Gould said.
Monitoring will enable scientists to determine any necessary changes to the special rule, he said.
Continued conservation However, Gould said that Fish and Wildlife anticipates continuing the present polar bear conservation measures, closely working with the oil and gas industry and other Arctic offshore operators to preclude any negative impacts on the bears.
Gould also said that President Obama’s fiscal year 2010 budget request includes significant funding in support of polar bears.
“The budget request includes an increase of $7.4 million for polar bear conservation, of which $3.2 million will be invested directly in the Fish and Wildlife Service,” Gould said. “This new commitment includes a $1.5 million increase for the Endangered Species program, specifically to address new and re-initiated inter-agency consultations on oil and gas projects, to provide for a range-wide polar bear conservation plan to guide U.S. and international work to conserve and improve the status of the species.”
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