The inadequacy of existing regulatory mechanisms. In 1973, the LPC was listed as threatened in Colorado under the State’s Nongame and Endangered or Threatened Species Conservation Act. In July of 1997, the NMDGF received a formal request to commence an investigation into the status of the LPC within New Mexico. In 1999, the recommendation to list the LPC as a threatened species under the Wildlife Conservation Act, was withdrawn until more information could be collected from landowners, lessees, and land resource managers who may be affected by the listing or who may have information pertinent to the investigation. In 2006, the NMDGF determined that the LPC would not be State-listed in New Mexico. Regardless of each State’s listing status, most occupied LPC habitat throughout its current range occurs on private land (Xxxxxx and Xxxxxxx 1980), where state wildlife agencies have little authority to protect or direct management of the species’ habitat. Additionally, no laws or regulations currently protect LPC habitat on private land, aside from State harvest restrictions. There is no protection afforded to a candidate species under the ESA.
The inadequacy of existing regulatory mechanisms. Under this factor, we examine whether existing regulatory mechanisms are inadequate to address the threats to the four dune beetles discussed under the other factors. Section 4(b)(1)(A) of the Endangered Species Act requires the Service to take into account ‘‘those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species * * *’’ We interpret this language to require the Service to consider relevant Federal, State, and Tribal laws and regulations when developing our threat analyses. Regulatory mechanisms, if they exist, may preclude the need for listing if we determine that such mechanisms adequately address the threats to the species such that listing is not warranted. The Crescent Dunes aegialian scarab, Crescent Dunes serican scarab, large aegialian scarab, and Xxxxxxxx’x dune scarab are not protected under Nevada State law because they are classified as insects and not wildlife (NRS 555.265). However, the range of each species occurs on Federal lands managed by the BLM, so protection and management of the habitat for each species is determined by Federal laws, regulations, and policies. Relevant Federal laws, regulations, and policies are summarized below. Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.)—This Act sets forth the BLM’s multiple use mandate and requires that the BLM take any action necessary to prevent impacts greater than those that would normally be expected from an activity in compliance with current standards, in compliance with current regulations, and implemented using the best reasonably available technology (i.e., undue and unnecessary degradation). The Federal Land Policy and Management Act’s implementing regulations, 43 CFR 2800 and 43 CFR 3000, control administration and authorization of ROWs and mineral management, respectively. These regulations require the BLM to reduce environmental impacts from these ROWs to environmental resources, including these four sand dune beetle species. National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.)—The NEPA requires all Federal agencies to formally document, consider, and publicly disclose the environmental impacts of major Federal actions and management decisions significantly affecting the human environment. The NEPA documentation is provided in an environmental impact statement, an environmental assessment, or a categorical exclusion, and may be subject to administrative or ju...
