the Endangered Species Act . The Fish and Wildlife Service did not initially embrace such a step and declined to offer any protection proactively . Only after a lawsuit was filed did they agree to study the black rail ’ s status and vulnerability . In 2018 the FWS proposed listing the black rail as “ threatened ” but not endangered . “ Threatened ” is a step below the endangered label and offers less protection than sought .
By regulation , the Fish and Wildlife Service had two years to act on its proposal to offer formal “ threatened ” status to the black rail , but by early 2020 had failed to act . The Center for Biological Diversity filed suit in federal court to demand the agency follow through on its legal responsibility to issue guidance . On October 7 , the FWS formally adopted the “ threatened ” status for the black rail , a victory of sorts but viewed as inadequate by most researchers .
Unfortunately , according to the Center for Biological Diversity , the black rail is not the only species suffering from slow response and / or inaction . There are 500 such missed deadlines currently in the queue for final determination . A process designed to take two to three years now takes 12 years on average to complete . At least 47 species have gone extinct while waiting for government protection . 1
The black rail ’ s new designation will bring additional attention to the bird ’ s plight , as well as funding and improved cooperation from state and federal agencies , conservation groups , private landowners , and the public at large . Only time will tell whether it will be enough to save the species . Fortunately for the black rail , there are an increasing number of champions to plead its case . NK
1 Center for Biological Diversity press release , March 19 , 2020
Note : Photographs of black rails in this story were collected using motion-activated cameras as part of SCDNR ’ s research project ( SCDNR Permit BB-20-06 ), which focuses on the conservation and protection of the species . Every precaution is taken to minimize disturbance to these birds and their fragile habitat during research . For more information about the project , see SCDNR ’ s Blog :
https :// sccoastalresources . com / home / 2020 / 9 / 28 / behind-ghostbird-key-discoveries-about-the-elusive-black-rail .”
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