Giant Palouse earthworm warrants further study, Fish and Wildlife says

By MATEUSZ PERKOWSKI

Capital Press

Despite a recent setback, the giant Palouse earthworm is still a contender for federal protection under the Endangered Species Act.

The U.S. Fish and Wildlife Service has announced that the rare annelid, which may grow up to three feet long, warrants further study for possible inclusion on the list of endangered and threatened species.

The decision came about one month after the 9th U.S. Circuit Court of Appeals ruled that the agency was correct in rejecting a petition to list the species in 2007.

The Fish and Wildlife Service's decision to study the species stems from a second petition submitted by environmentalists last year while the agency's initial rejection was still being litigated.

The agency said additional information in the second petition prompted its change of mind, but environmentalists believe the Fish and Wildlife Service is simply more receptive to Endangered Species Act petitions under President Barack Obama.

"What tipped the scale was an administration that was willing to look at the science," said Noah Greenwald, endangered species program director for the Center for Biological Diversity, which supports federal protection for the worm.

Environmentalist groups allege that common farming practices, like tillage, fertilization and pesticide use, have degraded the earthworm's habitat in eastern Washington and western Idaho.

Agricultural interests worry that federal protection for the species could result in restrictions on farmers.

"This could be a threat to the livelihood and the makeup of the Palouse itself," said Travis Jones, executive director of the Idaho Grain Producers Association.

Agricultural groups were heartened by the recent decision by the 9th U.S. Circuit Court of Appeals.

In June, a panel of federal appellate judges ruled there wasn't enough evidence to show that the earthworm is facing extinction, so the Fish and Wildlife Service did not violate environmental law by refusing to further study the species.

"It's rare we agree with the 9th Circuit," said Scott Yates, communications director for the Washington Grain Alliance.

The appellate decision specifically faulted the petition for failing "to identify a single well-designed study determining the current or historical range of the earthworm."

Such data does not appear to have been submitted as part of the second petition.

The additional information primarily deals with the worm's life cycle and the conclusion of an earthworm researcher that the species faces extinction, according to the agency's announcement.

"Do we know anything conclusive about this worm?" said Yates. "It seems to me we really don't."

Though the giant Palouse earthworm is now one step closer to being listed, its road to federal protection may still be a long one.

Greenwald said he wouldn't be surprised if Fish and Wildlife officials arrived at a "warranted but precluded" determination. That designation basically means the agency doesn't have enough resources to include a species on the list, even though it's warranted.

Currently, more than 200 species are considered "warranted but precluded," and there's a strong chance the earthworm will join that category, Greenwald said. "I think that backlog will still be in place when they make this decision."

Even if the species does obtain federal protection, it's unlikely to cause widespread conflicts with landowners because the worms reside in remnant prairies, he said.

"The key would be to identify those areas and protect them," Greenwald said. "I don't expect it will be found in a lot of areas with ongoing agriculture or plans for urban development."