This Nevada gem for big game, waterfowl, and endangered cutthroat trout seeks permanent protection

The Ruby Mountains Protection Act, reintroduced by Senators Catherine Cortez Masto (D-NV) and Jacky Rosen (D-NV) in March of this year, passed out of the Senate Committee on Energy and Natural Resources Wednesday morning with bi-partisan support. If passed into law, the act (S.706) would permanently withdraw over 450,000 acres in the Humboldt-Toiyabe National Forest’s Ruby Mountain Ranger District and the Ruby Lake National Wildlife Refuge from oil and gas exploration.

The Ruby Mountains Protection Act has been introduced twice before by Senator Cortez Masto in response to interest to lease 54,000 acres for oil and gas exploration in the heart of the iconic Ruby Mountains. This area is home to one of Nevada’s largest mule deer herds, endangered Lahontan cutthroat trout, and a host of other wildlife including elk, bighorn sheep, and mountain goats.

“Growing up at the base of the Ruby Mountains, I took for granted the invaluable habitat in my backyard,” said Bryce Pollock, policy co-chair for the Nevada Chapter of Backcountry Hunters & Anglers. “This legislation will ensure the Rubies remain free of roads and development, which is a major win for the sportsmen and women in our state.”

The Rubies are recognized around the world as a premier big game hunting, fishing, and outdoor recreation destination. They are also the source of one of the most important mule deer migration corridors in the state. The 40,000 acre Ruby Lake Refuge, added to the legislation in 2021, is a major stopover for migrating waterfowl on the Pacific flyway, breeding grounds for waterfowl and shorebirds, and the lake itself is the setting for an untold number of recreation days spent fishing for trout and bass.

“We are thankful this legislation is again moving through Congress and thank Senator Cortez Masto for continuing to fight for the wishes of the people of Nevada,” said Jay Lingenfelter, chairman of the Fallon Chapter of Nevada Bighorns Unlimited. “The Rubies are a very special place and should be permanently safeguarded.”

The bill will now move to the Senate floor for consideration. In the House, the Ruby Mountain Protection Act is a part of Congressman Mark Amodei’s (R-NV) larger conservation and land management legislation (H.R. 3173).

Finalized guidance from the U.S. Fish and Wildlife Service set an expectation that proposed development projects should minimize impacts to fish and wildlife wherever possible

The U.S. Fish and Wildlife Service has finalized two vital mitigation policies to conserve critical fish and wildlife resources, while still allowing for necessary development projects to occur in sensitive habitats. The two policies, a Service-wide Mitigation Policy and an Endangered Species Act Compensatory Mitigation Policy, provide guidance to agency staff for how to best mitigate losses to species and their habitats from proposed development projects.

The USFWS’ new policies recommend application of the mitigation hierarchy to ensure “no net loss” of resources. The ESA Compensatory Mitigation Policy provides additional guidance on how to replace loss of species and their habitats under the Endangered Species Act. These principles, referred to as the mitigation hierarchy, are fundamental to conservation and set expectations that proposed projects should first avoid impacts to species and their habitat within practical means.

If impacts are unavoidable, projects must then minimize remaining effects through project modifications. As a final step if the project ultimately impacts the species or sensitive habitat, the project proponent should compensate for that loss by replacing similar resource values elsewhere.

“When applied appropriately, these policies allow development projects to succeed by reducing conflicts with fish and wildlife resources in a clear and consistent way,” says Madeleine West, director of the center for public lands at the Theodore Roosevelt Conservation Partnership. “The TRCP welcomes these policies and encourages the Service to appropriately apply the mitigation hierarchy to ensure that development projects in sensitive habitats do so without causing an overall loss to fish and wildlife resources.”

Photo credit: Edgar Figueiredo