Public comment period open for 60 days
The U.S. Fish and Wildlife Service published today a proposed rule to designate approximately 2,726 acres of critical habitat in Solano, Contra Costa and Napa counties, California for two federally endangered plants, the Suisun thistle and the soft birds-beak, found only in the tidal wetlands of Suisun and San Pablo bays.
The Service is proposing to designate 2,119 acres of critical habitat under the Endangered Species Act (ESA) in Solano County for the Suisun thistle and 2,313 acres for the soft birds-beak in Contra Costa, Napa, and Solano Counties. Some 1,706 acres overlap between the two plants as proposed critical habitat.
Most of the critical habitat occurs on lands owned by the State, public agencies or preservation land trusts. About 327 acres are privately owned. Remaining populations of the plants occur in higher tidal marshes with small channels -- that is, higher marsh areas that drain into tidal sloughs.
Public comments on the proposed rule will be accepted for 60 days. Comments may be directed by email to: SuisunplantsCH@fws.gov, or by mail to: Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825.
The Service is exempting the Concord Naval Weapons Station from the critical-habitat designation because it has adopted a resource-management plan providing for conservation of the species. The station has approximately 402 acres of habitat for the Suisun thistle.
The Service is also seeking public comment on whether to exclude Suisun Marsh from critical habitat, on the basis that the pending Suisun Marsh Habitat Management, Preservation, and Restoration Plan provides a better alternative for conservation of the species. The plan is being developed by the Suisun Marsh Charter Group (Charter Group), a collaborative effort among Federal, state and local agencies with primary responsibility for actions in Suisun Marsh. Among the group principals are the Service, U.S. Bureau of Reclamation, California Department of Fish and Game, California Department of Water Resources, Suisun Resource Conservation District, California Bay-Delta Authority, and National Oceanic and Atmospheric Administrations National Marine Fisheries Service.
Critical habitat is a term in the ESA. It identifies geographic areas containing features essential for the conservation of a threatened or endangered species and may require special management considerations or protection. Federal agencies that undertake, fund or permit activities that may affect critical habitat are required to consult with the Fish and Wildlife Service to ensure such actions do not adversely modify or destroy designated critical habitat. The designation does not affect purely private or state actions on private or state lands, nor require non-Federal lands to be positively managed for conservation.
The Service listed the two plants, Suisun thistle and soft birds-beak, as endangered in November 1997 but did not designate critical habitat. In November 2003, several organizations filed a lawsuit in the Northern District of California challenging the decision not to designate critical habitat. On June 14, 2004, the court approved a settlement in which the Service agreed to propose critical habitat for the two plants by April 2006 and complete a final critical habitat rule by April 2007. Todays action, published in the Federal Register, responds to that agreement.
Suisun thistle is a perennial herb in the aster family, while soft birds-beak is an annual herb in the snapdragon family. Both species are threatened by the loss, fragmentation and degradation of tidal marsh habitat in the San Francisco Bay Estuary.
In 30 years of implementing the ESA, the Service has found that designation of critical habitat provides little additional protection for most listed species, while preventing the agency from using scarce conservation resources for activities with greater conservation benefits.
In almost all cases, recovery of listed species will come through voluntary cooperative partnership, not regulatory measures such as critical habitat. Habitat is also protected through cooperative measures under the ESA, including Habitat Conservation Plans, Safe Harbor Agreements, Candidate Conservation Agreements, and state programs. In addition, voluntary partnership programs such as the Services Private Stewardship Grants and the Partners for Fish and Wildlife program also restore habitat. Habitat for listed species is provided on many of the Services National Wildlife Refuges and state wildlife management areas.
A copy of the proposed rule and other information about the Suisun thistle and soft birds-beak is available on the Internet at http://www.fws.gov/sacramento/, or by contacting Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825 at 916-414-6600.
The Service is preparing a draft economic analysis of the proposed critical habitat that will be released for public review and comment at a later date.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 Fish and Wildlife Management offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
