Subject: SW Biodiversity Alert #12- Good New for
Owls
*** *** Southwest Biodiversity Alert #12 ***
***
southwest center for biological
diversity
swcbd@sw-center.org
***
***
****
*** ***
STATE SUFFERS BLOW IN ATTEMPT TO DE-DESIGNATE
CRITICAL HABITAT FOR
MEXICAN SPOTTED OWL
The State of Arizona has
filed suit to de-designate 4.8 million acres
of critical habitat for the
Mexican spotted owl. The suit claims the
U.S. Fish and Wildlife Service
should have completed NEPA analysis on
the designation, that the designation
is unscientific, and that it
will harm Arizona's forests by reducing
logging. Upon challenge, the
case has been transferred to Judge Carl
Muecke. Muecke ordered the
designation of critical habitat in the first
place, and also granted
an injunction against all timber harvest on the
Southwest's 11
National Forests and the Navajo Nation until the BIA and the
USFS
consult under the ESA. Muecke has shown little tolerance
for
political intervention in ESA
issues.
Even more importantly,
this transfer will strengthen the Fed's
attempt to transfer a similar case in
which Catron County, NM is
challenging the critical habitat designation in
New Mexico. New
Mexico is in the 10th circuit which has recently ruled
that critical
habitat is subject to full NEPA analysis. On this basis,
the court
suspended critical habitat for the Loach minnow and Spikedace,
to
threatened fish which have been found warranted but precluded
for
endangered status. Muecke is in the 9th circuit which has ruled
that
NEPA analysis is satisfied by the economic analysis required by
ESA.
COURT GRANTS ENVIROS POWER OF DISCOVERY IN SPOTTED OWL
CASE
In August, 1995, Judge Carl Muecke issued an injunction
against
timber harvesting in the Southwest pending completion of
a
Biological Opinion on the effects of logging on the Mexican
spotted
owl. The draft Opinion was completed March 22nd, logging
could
resume by May 1, 1996.
The environmental plaintiffs (Southwest Center, Forest Conservation
Council,
Forest Guardians, Carson Forest Watch, and DINE Care)
meanwhile, have
uncovered evidence that the Forest Service and the
Fish and Wildlife Service
are conspiring to produce a politicaly
motivated Biological Opinion which
will allow continued logging at
the expense of the owl and 41 other
endangered species. They
requested and have been granted power of
Discovery. This gives us
the power to subpeona agency personel and
obtain internal documents
related to the consultation. The evidence
suggests that 1) USFWS
biologists altered the final Mexican spotted owl
recovery plan to
allow salvage logging of the Eagle Peak Roadless Area on the
Gila
National Forest, 2) the Forest Service provided
incomplete
information to the USFWS during the consultation, and 3) that
the
Forest Service is not consulting on 41 addittional threatended
and
endangered
species.
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