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State's lawmakers hope feds fly away on grouse issue

Issue comes down to 'over-reach,' state vs. federal rights
Some federal lawmakers representing Colorado hope to avoid a listing of the greater sage-grouse under the Endangered Species Act. State and local efforts are underway to protect the bird, in an effort to avoid federal requirements.

DENVER - Some federal lawmakers representing Colorado fear an over-reach by the federal government on protection of the greater sage-grouse.

U.S. Rep. Scott Tipton, R-Cortez, expressed concerns Tuesday after hearing from John Swartout, senior policy advisor to Gov. John Hickenlooper. Tipton asked Swartout, during a hearing by the House Committee on Natural Resources, whether compliance with federal mandates to protect and recover the grouse would exempt the state from a looming listing under the Endangered Species Act.

"No, not likely," answered Swartout, who has led grouse efforts for the state.

Colorado has not seen grouse recovery goals yet from the federal government. Federal officials have until Sept. 30 to make a decision on whether to list the greater sage-grouse under the Endangered Species Act.

Swartout pointed to state and local efforts, stating, "The key to this is our landowners in Colorado ... have taken an unprecedented amount of effort to allow our scientists ... to come on their property and actually track these birds so that we have a good sense of the management actions that are most effective."

The U.S. Fish and Wildlife Service is mulling the protection listing over concerns that the chicken-sized bird, which lives in 11 Western states, is going extinct. Much of the bird's territory is on federal land.

The debate has caused an uproar between the energy industry and environmentalists. Development on grouse habitat, including gas and oil exploration, has limited territory, making it difficult for the birds to mate and nest.

Hickenlooper on Friday unveiled an executive order seeking to protect the greater sage-grouse in an effort to avoid a federal listing.

Meanwhile, Republican U.S. Sen. Cory Gardner of Colorado has authored legislation that would delay a grouse decision by the feds for six years so that states can implement their own protection plans. U.S. Sen. Michael Bennet of Colorado also is hoping to avoid a listing, suggesting that Hickenlooper's order represents significant progress.

Conservation and environmental leaders applauded the governor for taking steps to protect the grouse, but suggested that the federal government should also take steps, even if that doesn't include a listing.

"We are optimistic that local and state efforts like this executive order, in combination with the forthcoming (Bureau of Land Management) sage-grouse plan, will provide the comprehensive and common-sense protections to ensure this western icon will not just survive, but thrive for future generations to enjoy," said Pete Maysmith, executive director of Conservation Colorado.