Star-Tribune Editorial Board

Gov. Dave Freudenthal should be commended for trying something new to protect an important Wyoming trio: sage grouse, agricultural activity, and oil and gas development.

Of course, there's plenty of incentive for the state to do so. The governor realizes that if the sage grouse receives federal protection under the Endangered Species Act, the subsequent restrictions would threaten ranching operations and potentially shut down energy activity in much of Wyoming.

That scenario could spell disaster for two large sectors of the state's economy, resulting in a huge loss of tax revenues to Wyoming. To prevent that from happening, Freudenthal wants to establish a conservation agreement under the ESA with assurances for the entire state.

That would allow private landowners who agree to practices that conserve and increase sage grouse and their habitat to continue their normal operations, even if the bird is eventually listed. Energy developers, either on private or federal lands, could voluntarily agree to those same conservation practices.

Since Wyoming is the first state to try to develop such a conservation agreement under the ESA, no one knows precisely what might happen. Some Wyoming ranchers tried to reach such a deal with the feds regarding the black-tailed prairie dog, but they found the bureaucratic process too overwhelming. If the state takes the lead, however, ranchers could just voluntarily enroll in the agreement.

U.S. Fish and Wildlife Service officials say private lands present the best opportunities to conserve and improve the health of sage grouse as a result of energy development, recreation and other activities on public lands. Ranchers can shift to moderate herd sizes, intense rotational grazing, off-stream watering and other practices that promote healthy rangeland habitat.

By law, conservation agreements with assurances can't be applied directly to federal lands, where most energy development takes place. Energy companies could take on conservation efforts of their own, but would likely have to help pay for some of those efforts on private lands. Those costs won't be inexpensive.

Both ag and energy would find themselves paying a relatively small price, however, compared with the high cost of meeting endangered species regulations. Without an agreement, obtaining permits for wells in a timely fashion could become nearly impossible.

Conservationists concerned about the sage grouse, meanwhile, should be excited about the potential for the state's efforts to succeed. While energy development has undoubtedly harmed sage grouse in parts of Wyoming, the species is still doing better here than it is in other Western states.

Freudenthal's proposal offers the best chance for Wyoming to effectively avoid the negative effects that listing sage grouse would have on the state. It deserves the support of all parties involved.