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October 2008

Vol. 13, No. 41 Week of October 12, 2008

Polar bear critical habitat considered

Center for Biological Diversity would like to see most if not all of the Beaufort and Chukchi seas listed as critical habitat

Stefan Milkowski

For Petroleum News

The federal government has agreed to make a final determination within two years on critical habitat for the polar bear under a partial settlement with three conservation groups.

The settlement, which was formalized Oct. 6, resolves two issues raised in a lawsuit filed against Interior Secretary Dirk Kempthorne and the U.S. Fish and Wildlife Service by the Center for Biological Diversity, the Natural Resources Defense Council, and Greenpeace. The two issues deal with the designation of critical habitat and the issuance of guidelines for deterrence of bears.

The designation of critical habitat is important because it would expand inter-agency consultation requirements under the Endangered Species Act and tighten restrictions on activities within designated areas.

But the impact of the settlement is unclear.

Representatives of the Center for Biological Diversity and NRDC described the agreement as an important step in ensuring the federal government would meet the requirements of the law, something they said doesn’t always happen, while a spokesman for the Fish and Wildlife Service said the settlement simply imposes a deadline on the determination.

The spokesman, Bruce Woods, added that the settlement does not explicitly require the designation of critical habitat.

“Given this deadline, now we’re going to have to evaluate the science and try to determine what will be critical habitat — if it’s possible to determine critical habitat for the polar bear,” he said. “Since the sea ice is in flux, it’s very difficult to determine where and what would be critical habitat.”

Kassie Siegel, climate program director for the Center for Biological Diversity, argued the law requires designation of critical habitat.

“It would be completely illegal for them, at the end of the day, not to designate any critical habitat,” she said. “You cannot protect the species without protecting the places they live.”

Siegel added that she would like to see most if not all of the Beaufort and Chukchi seas listed as critical habitat.

“It should have a very big impact, because oil development, after global warming, is the No. 1 thing affecting polar bears,” she said.

Under the Endangered Species Act, critical habitat is defined as areas within or outside the species’ range found to be “essential to the conservation of the species” or areas within the animal’s range “which may require special management considerations or protection.”

Economic impacts considered

Unlike with the listing itself, the secretary is directed to consider the economic impacts of habitat designation. He is only required to list habitat as critical if he concludes that a failure to do so “will result” in the extinction of the species.

The settlement requires a final critical habitat determination by June 30, 2010.

The settlement also requires the federal government to issue final guidelines by March 31, 2010, for “safely deterring” polar bears.

Woods said the Fish and Wildlife Service already has a set of guidelines, but added that the settlement would “formalize it and perhaps codify it,” and could extend the guidelines beyond those already in place.

Under the agreement, the Fish and Wildlife Service is required to issue proposed guidelines and habitat determination before issuing final versions.

The polar bear was listed as threatened under the Endangered Species Act in May. Conservation groups are still seeking to have the bear listed as endangered rather than threatened and to overturn the proposed special rule determining protection measures.






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