Arkansas Species/Endangered Species Act: U.S. Fish and Wildlife Service April 4th Notice

The United States Fish and Wildlife Service (“FWS”) issued an April 4th prepublication Federal Register Notice (“Notice”) responding to petitions to list eight species as endangered or threatened.

The species addressed included some whose range includes the State of Arkansas.

Section 4 of the Endangered Species Act (“ESA”) and the implementing regulations at part 424 of Title 50 of the Code of Federal Regulations set forth procedures for adding species to, receiving species from, or reclassifying species as threatened or endangered. “Endangered species” are defined as any species that is danger of extinction throughout all or a significant portion of its range. “Threatened species” is defined as any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

Section 4(a)(1) of ESA states that a species may be determined to be an endangered species or a threatened species because of any of the following five factors:

1. The present or threatened destruction, modification, or curtailment of its habitat or range;
2. Overutilization for commercial, recreational, scientific, or educational purposes;
3. Disease or predation
4. The inadequacy of existing regulatory mechanisms; or
5. Other natural or manmade factors affecting its continued existence.

FWS states in the April 4th Notice that it previously received petitions proposing the listing of the following species:

• Arkansas mudalia
• Ashy darter
• Chihuahua scurfpea
• Coldwater crayfish
• Eleven Point River crayfish
• Spring River crayfish
• Red-crowned parrot

Arkansas species include:

• Arkansas mudalia (a freshwater snail)
• Coldwater crayfish
• Eleven Point Rive crayfish
• Spring River crayfish

FWS concludes, based on what it states is its view of the best available scientific and commercial information, that none of the referenced species warrant listing.

A copy of the prepublication Federal Register Notice can be found here.