Today, the Subcommittee on Water, Wildlife and Fisheries held an oversight hearing on the U.S. Fish and Wildlife Service's (USFWS) proposed Biological Integrity, Diversity and Environmental Health (BIDEH) rule. Subcommittee Chairman Cliff Bentz (R-Ore.) issued the following statement in response:

“As Chairman of the Subcommittee on Water, Wildlife, and Fisheries, I have grave concerns about the proposed Biological, Integrity, Diversity, and Environmental Health rule proposed by the U.S. Fish and Wildlife Service. This rule is misguided, driven by ideological agendas rather than practical conservation principles, poorly designed, and impractical in its application. This rule would not only hinder proven effective management tools crucial for the well-being of our wildlife and refuge system but also inappropriately restrict sportsmen and sportswomen who contribute significantly to conservation efforts. Regulations such as this must serve the best interests of our wildlife and those who assist in their stewardship, and this rule does neither.”

Background

The National Wildlife Refuge System is a network of USFWS-administered lands, submerged lands and waters that provide habitat for fish and wildlife resources across the United States and U.S. territories. The system is governed by the National Wildlife System Improvement Act, which established a mission for the system to support conservation and management of fish, wildlife and plant resources for the benefit of present and future generations. 

The USFWS has had a policy on BIDEH since 2001 that makes it clear that wildlife is the first and foremost concern of the refuge system. It also explicitly mentions the importance of active management for the betterment of wildlife and does not prohibit any specific management tools, and leaves refuge managers the ability to make decisions. However, on Feb. 2, 2024, the USFWS issued a proposed rule that, if finalized, would make sweeping changes to the ability of refuge managers to utilize key management tools. The rule states that certain practices, such as native predator control and cooperative agriculture, are prohibited unless refuge managers fully evaluate the potential environmental effects of the management activity in accordance with the National Environmental Policy Act. In addition, refuge managers would also be required to complete a comprehensive analysis to justify that utilizing the management practices is necessary to meet statutory responsibilities, fulfill refuge purposes and ensure BIDEH.

Instead of empowering refuge managers to use the most effective tools at their disposal, the proposed rule ties the hands of refuge managers from making important management decisions by requiring them to work through regulatory red tape before conducting important management actions. Since wildlife refuges are often strapped for resources and manpower, this proposed rule would make it even more difficult for refuge managers to actively manage the lands and waters they have been charged with stewarding.

Today's hearing was an opportunity for members to hear from witnesses from the USFWS and conservation experts from around the country to learn more about the proposed rule.