Subject: FW: SW BIODIVERSITY ALERT #114

Subject: SW BIODIVERSITY ALERT #114

      ******* SOUTHWEST BIODIVERSITY ALERT #114 ***********
       *                    1/23/98                      *
        *                                               *
         *  SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY  *
          *                                           *
           *******************************************

1. REPORT: WIDESPREAD OPPOSITION TO "NO SURPRISES" POLICY-
      CALLS, LETTERS NEEDED TO STOP CLINTON PLAN!
2. OVERGRAZING NATIONAL FORESTS APPROVED BY FISH AND WILDLIFE
      SERVICE- ENVIROS TO SUE
3. TEXAS PARKS DEPARTMENT REFUSES TO PROTECT ENDANGERED TOAD-
      HOLDS DECLINING AMPHIBS CONFERENCE ON DESTROYED HABITAT!
4. FISH AND WILDLIFE SERVICE DIRECTOR FILED FRAUDULENT AFFIDAVIT-
      IMPERILED CACTUS AND FISH NEVER LISTED AS ENDANGERED

   ***   ***   ***   ***   ***

REPORT: WIDESPREAD OPPOSITION TO "NO SURPRISES" POLICY
CALLS, LETTERS NEEDED TO STOP CLINTON PLAN!
A 12/21/97 report by the Spirit of the Sage Council tallies
comments received by the U.S. Fish and Wildlife Service on its
controversial "no surprises" policy. The Clinton/Gore policy
mandates that habitat conservation plans be allowed to continue
unchanged, even if they are found to not work, or to endanger
other species. The policy has been incorporated into the
Kempthorne E.S.A. reauthorization bill which will gravely
weaken the E.S.A.

A recent court settlement bans the U.S. Fish and Wildlife Service
from issuing any more "no surprises" plans until the agency
issues a final decision on the policy. A previous decision was
withdrawn in March 1997 after a lawsuit was filed by the Sage
Council, the Southwest Center, Biodiversity Legal Foundation,
Forest Guardians and others seeking full public comment. The
comment tally demonstrates widespread opposition:

                                     OPPOSED (777)    SUPPORT (48)
Scientists/Academia/Professionals         345             1
Conservation Groups                       210             2
Religious Organizations                     7             0
Individuals                               200             2
Native American Nations                    10             0
Governments/Government Groups               5             8
Private Interests/Industry Groups           0            29
Utilities/Water Districts                   0             6

Call your Senator and Representative today! Tell them to:
  1. Urge the Clinton/Gore administration to not reissue its
     "no surprises" policy;
  2. Oppose the Kempthorne E.S.A. bill (S 1180)
     ___________________________

U.S. FISH AND WILDLIFE SERVICE DECLARES GRAZING ON SW NATIONAL
FORESTS WILL NOT JEOPARDIZE ENDANGERED SPECIES- ENVIROS TO SUE
In 1995, the Southwest Center filed an official 60-day notice-of-
intent-to-sue the U.S. Forest Service, warning the agency that
it is required by law to consult with the U.S. Fish and Wildlife
Service over the effects of region-wide grazing on 61 threatened and
endangered species. To avoid a replay of the 16 month spotted owl
injunction, the Forest Service negotiated a delay in the lawsuit
and eventually initiated the consultation process which was narrowed
down to 33 species.

Early on the Fish and Wildlife Service informed the Forest Service
that continued grazing under the Region's 11 Forest Plans would
jeopardize seven species: Southwestern willow flycatcher, Cactus
ferruginous pygmy owl, loach minnow, spikedace, Sonoran chub,
Little Colorado River spinedace and the Pima pineapple cactus. The
Southwest Center previously petitioned and litigated to list as
endangered and designate critical habitat for the flycatcher,
pygmy owl, loach minnow and spikedace.

To avoid the grazing restrictions that would come with a jeopardy
opinion, the Forest Service developed the "Seven Species Plan" which
supposedly reduced the grazing threat. In July, 1997, the Southwest
Center informed the Fish and Wildlife Service that its draft approval
of the Seven Species Plan was illegal since the plan is so weak and
speculative that it can not alleviate the systematic damage caused by
cattle. The Center promised to sue if the Fish and Wildlife Service
concluded that continued grazing does not jeopardize endangered
species.

The Fish and Wildlife Service has now officially caved in, declaring
that the Seven Species Plan is adequate. Both the Southwest Center and
Forest Guardians have pledged to challenge the decision in court.
     __________________________

TEXAS PARKS DEPARTMENT REFUSES TO PROTECT ENDANGERED TOAD-
HOLDS DECLINING AMPHIBS CONFERENCE ON DESTROYED HABITAT!
On 1/23/98, the Lone Star chapter of the Sierra Club and the Southwest
Center for Biological diversity informed the National Park Service and
the Texas Parks & Wildlife Department that they will be sued for
refusing to protect the endangered Houston Toad.

The Parks department built a golf course within Bastrop State Park,
severely endangering the Houston Toad. When the Fish and Wildlife
Service demanded the Parks department buy and manage 1,000 to 2,000
acres of toad habitat and manage the rest of Bastrop State Park for
the endangered toad, the Parks department obtained $500,000 from the
Land and Water Conservation Fund. The golf course was built, but the
land was never bought even though willing sellers were available.

Incredibly, on 1/23/98, the Parks Department is hosting a conference
of the Declining Amphibians Populations Task Force AT BASTROP STATE
PARK!
     ____________________________

FISH AND WILDLIFE SERVICE DIRECTOR FILED FRAUDULENT AFFIDAVIT-
IMPERILED CACTUS AND FISH NEVER LISTED AS ENDANGERED
On June 7, 1996, Jamie Rappaport Clark, now Director of the U.S. Fish
and Wildlife Service filed a sworn affidavit claiming the Service did
not have the resources to propose listing the Preebles jumping meadow
mouse as an endangered species, because its top priority was to issue
final rules listing the Winkler cactus and least chub. According to Clark's
affidavit, taking action on the meadow mouse would:

   "impair the Service's ability to extend legal protections to those
   species...which face high magnitude threats. Region 6 has identified
   two species which will receive the region's immediate attention, the
   least chub and the Winkler cactus"

Nearly 18 months later, the Fish and Wildlife Service has taken no action
on either species. The Winkler cactus has been reduced to six populations
covering only 200 acres in and around Capitol Reef National Park, UT.
Incredibly, the Fish and Wildlife Service admits that the cactus has
continued to decline since being proposed for listing in 1993, but can not
explain why it took no action on its supposed number one priority.

On 1/13/98, the Southwest Center filed suit against the U.S. Fish and
Wildlife Service for delaying designation of the Winkler cactus as an
endangered species. The Center has also filed notice that it will sue
to force a final rule on the least chub as well.


_____________________________________________________________________________

Kieran Suckling                               ksuckling@sw-center.org
Executive Director                            520.623.5252 phone
Southwest Center for Biological Diversity     520.623.9797 fax
http://www.sw-center.org                      pob 710, tucson, az 85702-710