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Critical habitat designations awaken Arkansans Service director to visit state; emerging legislation in works
By Scott Perkins AAC Communications Director
proposed critical habitat designation for the Neosho mucket and Rabbitsfoot mussels. Te Service proposed 42 percent of Arkansas’ geographical area as critical habitat which includes the watersheds associated with that critical habitat for the two mussels. Te Service extended public comment period for critical habi- tat designation after Sen. Mark Pryor (D) submitted a letter in May 2013. Te extension opened the door for the Association of Arkansas Counties (AAC) along with several supporting organiza- tions both in the public and private sectors to submit independent comments and local environmental and economic impact studies. Te main goal of this public comment effort was to decrease
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the Service’s overly broad geographical area being proposed as critical habitat. Te decrease is based on sound science, adher- ence to the spirit of the Endangered Species Act of 1973 (ESA), and potential social and economic impacts to Arkansas. Te ef- fort suggested a 36-percent decrease in the proposed designation of critical habitat area. Tese two species are among 46 Arkansas species that were listed
as threatened or endangered under an agreement under the En- dangered Species Act. Te potential of more critical habitat desig- nation in the state is evident. Sen. Mark Pryor, D; Sen. John Boozman, R; Rep. Rick
Crawford, R; Rep. Tim Griffin, R; Rep. Steve Womack, R; and Rep. Tom Cotton, R, all engaged against the Service’s overly broad critical habitat designation in the Natural State. A final decision on the critical habitat designation areas for the two mussels is expected early in the fall of this year. In a four-page letter from the Arkansas delegation to Daniel M. Ashe, director of the U.S. Fish and Wildlife Service in Washing- ton, D.C. the members expressed “concern with the scope of re- cently proposed critical habitat designations affecting the state of Arkansas. At more than 769 river miles, the proposed critical habi- tat designation for the Neosho mucket and Rabbitsfoot mussels has the potential to impact activities on 42 percent of Arkansas’s surface area.” Te letter went on to add that “90 percent of the rivers and
streams included in the designation pass through private property, leading to a disproportionate impact on productive land.” Te letter asked Ashe to respond to nine questions raised by
the delegation. It also questioned the method in which the pro- posed critical habitat designation was developed, citing “a result of a closed-door settlement agreement … that was closed to stake- holders and possible intervenors, such as state wildlife agencies.”
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ll of Arkansas’ United States Congressional delegation members, Gov. Mike Beebe and Attorney General Dustin McDaniel have released statements regarding the United States Fish And Wildlife Service’s (Service)
M I SS OU R I I LLINO I S
RF11 NM1 RF13 RF9 RF12 OKLA HOM A RF4a RF7 RF8a RF10
ARKANSAS RF8b
M I S SI SSI PPI RF6 RF4b TE X AS LOUI S IANA
Critical Habitat Units - Proposed Watersheds
Figure 1. Proposed critical habitat units in Arkansas and depicting included watersheds. 30 Miles RF5
Te AAC and 13 other organizations collectively submitted comments to the Service that included independent environmen- tal and economic studies. Members of this effort for responsible critical habitat designa- tion in Arkansas include: AAC; Arkansas State Chamber of Commerce / Associated In- dustries of Arkansas; Arkansas Environmental Federation; Arkan- sas Forestry Association; Arkansas Farm Bureau; Arkansas Poultry Federation; Arkansas Independent Producers and Royalty Own- ers; Camp Ozark; Energy and Environmental Alliance of Arkan- sas; Arkansas Cattlemen’s Association; Arkansas Timber Producers Association; Agriculture Council of Arkansas; and Arkansas As- sociation of Conservation Districts. In response to concerns raised by families, businesses, and agri- cultural producers, Director Daniel M. Ashe of the U.S. Fish and Wildlife Service accepted Sen. Pryor’s invite to Arkansas to see the impact that a critical habitat designation for the Neosho mucket and Rabbitsfoot mussels could have on the state. “Te Community Protection Act,” a recent bill sponsored by
Sen. Pryor and Sen. Mary Landrieu, (D - LA), aims to require a more fair and thorough economic impact analysis for proposed critical habitat designations under the ESA.
COUNTY LINES, WINTER 2014
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