Fact Sheet: Service 90-day Finding on Petitions
to Reclassify the Florida scrub-jay

Background

The Florida scrub-jay ( Aphelocoma coerulescens ) is a federally listed threatened species that lives in peninsular Florida 's ancient dune ecosystems or scrubs. A “threatened” species is one that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range.

Title 5 U.S.C. Section 553(e) provides a means for an interested party to petition the U.S. Fish and Wildlife Service (Service) to list, delist, or reclassify a species on the Federal List of Endangered and Threatened Wildlife and Plants.

Section 4 of the Endangered Species Act (ESA) of 1973, as amended, requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information to indicate that the petitioned action may be warranted. We base this determination on information provided in the petition. To the maximum extent practicable, the Service is to make this finding within 90 days of receipt of the petition, and publish its finding promptly in the Federal Register .

Issue

On March 13, 2002, t he Service received a petition from John A. Fritschie on behalf of the Partnership for a Sustainable Future of Brevard County, Florida; Indian River Audubon Society; Friends of the Scrub; Sierra Club Turtle Coast Group; Conradina Chapter of the Florida Native Plant Society; Sea Turtle Preservation Society; League of Women Voters of the Space Coast, Inc.; and Barrier Island Preservation Association, Inc. Another petition was received on May 1, 2003, from Brett M. Paben, WildLaw Florida Office, on behalf of Save Our Big Scrub, Inc.

Both petitions requested that: (1) the Service reclassify the Florida scrub-jay from threatened to endangered (a species that is in danger of extinction throughout all or a significant portion of its range) and (2) critical habitat be designated in accordance with section 4 of the ESA. However, funding constraints precluded the Service from initiating processing of these petitions in a timely manner.

In March 2004, the Service received a complaint from some of the petitioners regarding our alleged failure to carry out the 90-day and 12-month findings on the status of the Florida scrub-jay. The Service and plaintiffs reached a court-approved settlement agreement in December 2004, in which the Service agreed to submit its 90-day finding to the Federal Register by January 15, 2006 and to complete, if applicable, a 12-month finding by January 15, 2007.

Status

The Service reviewed the petitions and literature cited in the petitions. After this review and evaluation, we found the petitions do not present substantial information to indicate that reclassification of the Florida scrub-jay from threatened to endangered may be warranted at this time.

Service staffs will continue to monitor the species' population status and trends, potential threats, and ongoing management actions. Stakeholders and other interested parties are encouraged to continue to gather data that could assist with the conservation of the species and submit this information to the Service at anytime.

Questions?

The Federal Register notice announcing our 90-day finding is available for download at our web site at http://www.fws.gov/northflorida . You can also find this Fact Sheet, Frequently Asked Questions, and instructions on where to send information at the site. If you have specific questions or need special assistance, please contact the USFWS North Florida ES Office at 904-232-2580 ext. 109.