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ESAblawg is an educational effort by Keith W. Rizzardi. Correspondence with this site does not create a lawyer-client relationship. Photos or links may be copyrighted (but used with permission, or as fair use). ESA blawg is published with a Creative Commons License.

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florida gators... never threatened!

If you ain't a Gator, you should be! Alligators (and endangered crocs) are important indicator species atop their food chains, with sensitivity to pollution and pesticides akin to humans. See ESA blawg. Gator blood could be our pharmaceutical future, too. See ESA musing.


Follow the truth.

"This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it." -- Thomas Jefferson to William Roscoe, December 27, 1820.


Thanks, Kevin.

KEVIN S. PETTITT helped found this blawg. A D.C.-based IT consultant specializing in Lotus Notes & Domino, he also maintains Lotus Guru blog.

« Plaintiffs lose in two separate Florida cases challenging federal actions related to Perdido Key beach mouse and Everglades restoration | Main| NOAA designates critical habitat for green sturgeon »

FWS may revise critical habitat for Florida manatee, but not Clay-loving wild buckwheat (yet); FWS also releases post-delisting monitoring plan for Brown pelican

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74 Fed. Reg. 49842 / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules
DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Revise Critical Habitat for the Florida Manatee(Trichechus manatus latirostris)
ACTION: Notice of 90–day petition finding and initiation of critical habitat review.

SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90–day finding on a petition to revise the critical habitat designation for the Florida subspecies (Trichechus manatus latirostris) of the endangered West Indian manatee (Trichechus manatus) under the Endangered Species Act of 1973, as amended. Based on our review, we find that the petition, in conjunction with information readily available in our files, presents substantial scientific or commercial information indicating that a revision of the critical habitat designation for the Florida manatee may be warranted. Therefore, with the publication of this notice, we are initiating a review of the current critical habitat designation for the subspecies to determine how we intend to proceed with the revision. To ensure a comprehensive review, we seek information pertaining to the Florida manatee’s essential habitat needs from any interested party.

Photo of a manatee and swimmer in Crystal River, Florida, by USGS available from Environmental News Service.  By the way, is this an example of prohibited, or even criminal, harassment?  See recent petition to end "Swim with" interactions and see prior ESA blawg  post on criminal prosecution.

EXCERPT: We agree (with the petition) that the increase in urban development, particularly on Florida’s coasts, has changed the landscape since we designated critical habitat for the manatee. In response to the increase in human growth, and consequent increase in the number of recreational vessels on Florida’s waterways, we have published a number of rules to establish manatee protection areas in the State (50 CFR 17.100 through 17.108)...  We (also) agree that scientific information regarding manatee conservation has dramatically increased since the original critical habitat designation. On the basis of this information, it is apparent that there has been a change in habitat use by the manatee due to an increasing manatee population and changing habitats. However, the most substantial information otherwise readily available to the Service is not that of the petitioners, but the analysis of threats for the Florida manatee in the Service’s 5–year review

KEITHINKING: Get ready, the "Manatee Insanity" is about to resume (Hat tip to Craig Pittman and his upcoming book.)...
74 Fed.Reg. 49835 / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules
DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 12–month Finding on a Petition To Revise Critical Habitat for Eriogonum pelinophilum (Clay-Loving Wild Buckwheat)
ACTION: Notice of 12–month petition finding.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our 12–month finding on a petition to revise critical habitat for Eriogonum pelinophilum (clay-loving wild buckwheat) under the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we find that revisions to critical habitat for E. pelinophilum are warranted but precluded by other priorities. Given this finding, we intend to initiate rulemaking when we complete the  higher priorities and we have the necessary resources to do so.  See related ESA blawg.


74 Fed.Reg. 50236 / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service
Endangered and Threatened Wildlife and Plants; Draft Post-Delisting Monitoring Plan for the Brown Pelican (Pelecanus occidentalis)
ACTION: Notice of document availability for review and comment.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft post-delisting monitoring plan for the brown pelican (Pelecanus occidentalis) (draft PDM Plan, Draft Monitoring Plan). The Endangered Species Act (Act) requires that we implement a system, in cooperation with the States, to monitor effectively, for at least 5 years, the status of all species that have been recovered and no longer need the protection afforded by the Act (i.e. delisted). The brown pelican has been proposed to be removed from the Federal List of Threatened and Endangered Wildlife and Plants due to recovery. If the brown pelican is removed from the list, we propose to monitor the status of the brown pelican over a 10-year period from 2010 through 2020, through annual evaluation of information collected by the States of California, Texas, and Louisiana; the Commonwealth of Puerto Rico and the U.S. Virgin Islands in the West Indies; Mexico; other partners; and the Service. DATES: To ensure consideration, please send your written comments by October 30, 2009.  See prior ESA blawg on delisting of the brown pelican.