And of the eight species delisted in recent years, including the Yellowstone National Park grizzly bear population, only two had met all their recovery criteria, the report said.
The department already revised seven decisions because of political interference by Julie MacDonald, a former Interior deputy assistant secretary. They include those for two species in Montana - the Canada lynx and the Preble's meadow jumping mouse.
Robin Nazzaro of the GAO testified Wednesday to the House Natural Resources Committee that at least four other Bush appointees might have played questionable roles in the ESA decisions approved by MacDonald. They include a former assistant secretary, a deputy assistant secretary and the secretary's chief of staff, she said.
“We're not saying it's an exhaustive list,” she added.
The U.S. Fish and Wildlife Service excluded numerous cases from its investigation of decisions that may have been improperly influenced by simply leaving out all decisions made by Interior officials other than MacDonald. It also excluded policy decisions that limited the application of science and those that were changed but not significantly or to the point of negative effects on the species.
“Had the agency broadened their criteria, yes, they would have identified other decisions for possible revision,” Nazzaro testified.
Nazzaro also testified that FWS biologists said they had to “Julie-proof” their decisions, or write their reports not based on what the science dictated but rather what it would take to get a decision approved by MacDonald.
MacDonald directed the Fish and Wildlife Service to use the minority scientific opinion in reports to support delisting the Preble's jumping mouse, the report said. She also excluded three counties from critical habitat on the basis of habitat conservation plans that were not finalized, it said.
The agency withdrew the mouse's proposed delisting and published an amended proposed delisting rule in November. The service will also revisit critical habitat when the listing is final and funds are available, the report said.
MacDonald also excluded U.S. Forest Service and private lands from a final critical habitat decision for the Canada lynx. In February, the Fish and Wildlife Service published a proposed ruling greatly expanding the habitat.
The report found that of the eight species delisted from 2000 to 2007, recovery criteria for only two of the species had been met when the department proposed the delisting. The GAO report showed that the Yellowstone grizzly population had only partially met recovery criteria when it was proposed for delisting and when it was delisted.
“For the species where the criteria were not completely met before final delisting, the Service indicated that the recovery criteria were outdated or otherwise not feasible to achieve,” the report said.
The act does not explicitly require the agency to follow recovery plans when delisting species, but courts have held it must address delisting threat factors to the maximum extent possible when developing recovery criteria, the report said. And the public thinks that the agency uses recovery plans as criteria for delisting, Nazzaro said.
In January, in response to GAO recommendations, the director of the Fish and Wildlife Service issued a memorandum requiring that all new and revised recovery plans include criteria addressing each of the five threat factors for delisting.
The GAO report also focused on guidance given to endangered-species biologists in May 2005 that “could have been interpreted” as instructing them to collect additional information to refute petitions that would begin the process of listing a species.
GAO found that none of the petition findings issued from 2005 through 2007 was issued within the desired 90-day time frame. The median time was about two and a half years.
Committee Chairman Nick Rahall, D-W.Va., said that instead of cleaning up its mess, the agency “merely swept it under the rug.” The review was “a boondoggle,” he added. “It is fixing nothing. It was too narrow, too fast and too sloppy.”
He said the other Interior officials who wrongly influenced ESA decisions are “still roaming the halls of Interior unchecked.”
R. Lyle Laverty, Interior assistant secretary, said the department and service have made great strides this year and that the decision process has been clearly delineated. He said the agency is committed to maintain the integrity of science in all ESA matters.
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