Subject: SW BIODIVERSITY ALERT
#114
******* SOUTHWEST BIODIVERSITY ALERT
#114 ***********
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1/23/98
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* SOUTHWEST CENTER
FOR BIOLOGICAL DIVERSITY
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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
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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withdrawn in March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