The Texas Public Policy Foundation has provided notice to two federal entities of its intent to file a lawsuit that would remove the Golden-cheeked Warbler—a species of bird that only breeds in Central Texas, according to the city of San Marcos—from the Endangered Species List.

The 60-day notice was provided to the U.S. Department of the Interior and U.S. Fish and Wildlife Service on March 1.

“The effectiveness of the Endangered Species Act should be measured in the successful delisting of species, not by the number of species on it,” Land Commissioner George P. Bush said in a statement. “When a new species is listed, there should be a realistic and holistic plan for achieving the goal of increasing the population so that it can be safely delisted. The Golden-cheeked Warbler is a success story, and now that its population is up, we can remove it from the list and focus on the species needing our protection and attention. Working together we are returning common sense to federal government.”

In San Marcos, certain trails at Purgatory Creek Natural Area are closed from March 1-May 31 to protect the birds.

“The Golden-cheeked Warbler is a recovered species and should no longer be regulated by the federal government under the Endangered Species Act,” said Robert Henneke, general counsel for TPPF and director of the Center for the American Future, in a statement. “The Warbler population is 19 times greater than when the species was listed. As the purpose for listing the species—recovery—has been accomplished, respect for private property rights and limited government demand that the language of the ESA be followed in delisting the Warbler from further regulation.”

Golden-cheeked Warbler habitat includes state parks such as Colorado Bend State Park, Dinosaur Valley State Park, Garner State Park and Guadalupe River State Park.

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