Subject: FW: SW BIODIVERSITY ALERT #145

      ____________________________________________________
      \       SOUTHWEST BIODIVERSITY ALERT #145          /
       \                    8-10-98                     /
        \                                              /
         \ SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY  /
          \__________________________________________/

1. COURT OF APPEALS GIVES FLYCATCHER SECOND CHANCE-
   RULES SW CENTER LAWSUIT AGAINST ROOSEVELT DAM MAY PROCEED

2. LAWSUIT FILED AGAINST 47 MORE GRAZING ALLOTMENTS

3. 40 PROTEST WOLF KILLING IN TUCSON-
   WOLF AND GRIZZLY KILLERS ADDRESS WISE-USE GROUP-
   2ND MEXICAN GREY WOLF FOUND DEAD

4. LETTERS NEEDED TO STOP ARIZONA PREDATOR KILLING CONTESTS

     *****     *****     *****     *****     ******

COURT OF APPEALS GIVES FLYCATCHER SECOND CHANCE-
RULES SW CENTER LAWSUIT AGAINST ROOSEVELT DAM MAY PROCEED
On 8-6-98, the 9th Circuit Court of Appeals overturned a lower
court decision barring the Southwest Center from suing the
Bureau of Reclamation and the U.S. Fish & Wildlife Service over
the management of Roosevelt Dam. The lower court found that
since the Center did not also sue several Native American tribes
which have sovereign immunity from litigation, the suit must be
dismissed. The Appeals Court found it is not necessary to sue the
tribes, because the Department of Interior and the cities of
Phoenix, Scottsdale, Tempe, Chandler, and Mesa are making
upholding the tribe's position.

Roosevelt Dam, built at the confluence of the Salt and Tonto
Rivers, contains the largest population of Southwestern willow
flycatchers in Arizona. Bureau of Reclamation plans to raise
water levels behind the dam, destroying the flycatcher's habitat,
were approved by the U.S. Fish & Wildlife Service although the
agency admits that the flycatcher is currently going extinct.
The Center is currently litigating a similar situation at
Isabella Dam on the Kern River in California.

The suit is being argued by Geoff Hickcox of Kenna & Hickcox
(Durango, CO).
     _____________________________

LAWSUIT FILED AGAINST 47 MORE GRAZING ALLOTMENTS
On 8-7-98, the Southwest Center filed suit against the Coronado
National Forest for harming endangered species on 47 livestock
grazing allotments covering 10,000 cattle on over 430,000 acres.
The Forest continues to allow the livestock industry to run cattle
on these allotments to the detriment of the Lesser long-nosed bat,
Cactus ferruginous pygmy owl, Sonoran tiger salamander, Gila
topminnow, Yaqui chub, Huachuca water umbel and other
species, even though it has never studied the effects of grazing on
these species, or consulted with the U.S. Fish & Wildlife Service
over grazing impacts.

Previously, the Southwest Center filed suit against 92 grazing
allotments on the Gila, Apache-Sitgreaves, Coronado, Coconino,
Prescott, and Tonto National Forests. Combined with a suit by
Forest Guardians, approximately 190 grazing allotments have been
brought to court in the Southwest. The Southwest Center is
reprensented by EarthLaw in both suits.
     _______________________

40 PROTEST WOLF KILLING IN TUCSON-
WOLF AND GRIZZLY KILLERS ADDRESS WISE-USE GROUP-
2ND MEXICAN GREY WOLF FOUND DEAD
40 people protested outside the U.S. Fish & Wildlife Service in
Tucson on 8-7-98 because the agency has refused to prosecute
Richard Humphry, the killer of Mexican grey wolf. Bizarrely, the
agency reasons that Humphry "believed in good faith" the wolf
was attacking his family, even though agency investigators
determined that the wolf was standing still when shot and was not
a threat to Humphry. The Southwest Center and other groups have
asked the head of the U.S. Fish & Wildlife Service to reopen the
investigation.

150 public lands ranchers, county supremacists, and other "wise- use"
proponents, attended a meeting in Glenwood New Mexico on
8-8-98 to cheer on Humphrey and the killer of two grizzly bears in
Montana. John Shuler, a Montana rancher, described shooting of
two grizzly bears (as well as the deaths of others at government
hands on his ranch).  Although his recitation, made clear that he
shot the bears to protect his sheep, he successfully claimed
self-defense to escape conviction under the ESA. Following Shuler,
Richard Humphry described recently killing a Mexican
grey wolf. Humphry also claimed self-defense, but the Fish &
Wildlife Service's investigative report reveals that he initially
claimed to have killed the wolf for attacking his dog- changing his
story to self-defense after learning that the killing was illegal. In
the report, Humphry admits that he sought out the wolf after sense
that "something was wrong," killing it 200 yards from his camp.

Over the weekend, a second wolf was found dead in Arizona- the
father of the only wolf pup born in the wild in the Gila
Headwaters Ecosystem in 50 years. The cause of death has not yet
been determined
     ____________________

LETTERS NEEDED TO STOP ARIZONA PREDATOR KILLING CONTESTS
The Arizona Game and Fish Commission recently published a
proposed rule to regulate contest killing events involving coyotes,
foxes, and other animals. This rule, in its present form, would
prohibit large contests offering substantial prize money awards,
but would not prohibit the continued killing of animals in smaller
events with less valuable prizes.

The majority of animals slaughtered in Arizona contest kills are
coyotes and foxes, although jackrabbits, prairie dogs, bobcats, and
mountain lions, and other species can also be targets. Of these
species, only the killing of bobcats and mountain lions is limited
by regulation. The other species can be taken year-round in any
number without restriction. Though completely unregulated by
the Arizona Game and Fish Department (GFD), the number of
coyotes killed in Arizona contests each year is estimated to be at
least 500-600 animals. The actual body count is
probably much higher.

In Arizona, though large killing contests have received
considerable negative media attention, a number of smaller
contests are conducted each year throughout the state. These
contests are generally sponsored by hunting and ranching
proponents who see predators as a threat to their livestock and
hunting prey. There is no evidence to suggest the predators are, or
have been, responsible for declines in these populations. In
addition, lethal predator control through contest kills is ineffective
in reducing predator populations, and may even increase the
number of predators in an area through increased productivity and
survival of surviving animals.

***  Please help us stop wildlife contest kills in Arizona ***
***  Express your SUPPORT FOR A COMPLETE BAN ON ALL CONTEST KILLS.
Send your comments to:

        Arizona Game and Fish Department
        2221 West Greenway Road
        Phoenix, AZ 85023-4399
        Fax: (602) 789-3299

THE DEADLINE FOR WRITTEN COMMENTS IS SEPTEMBER 3rd.
To receive a copy of the proposed rule, call (602) 789-3289 or
check http://www.gf.state.az.us/frames/whatsnew/index.htm.

When preparing your comments, you may want to include the
following points:

* There is no evidence that predators are adversely affecting prey
populations in Arizona.

* Lethal predator control, including contest killing, is entirely
ineffective in reducing predator populations. Humane technology
and public education are more effective ways to reduce
predator/human conflicts.

* Predators play a critically important role in the wild and should
be protected, not persecuted.

* If hunters and the GFD want to increase protection and
productivity of game species, they should focus on stopping
excessive development and overgrazing instead of killing
predators.

* Contest kills promote disrespect of wildlife by permitting the
killing of animals for prizes.

* Contest kills are an especially egregious and unethical form of
hunting, thus giving the general public a negative attitude towards
all hunting and all hunters.

* According to a survey of Arizona residents, 69 percent agreed
that predator hunting contests should be prohibited. Even 37
percent of hunters polled agreed with banning contest kills.

Thank you for your help on this important issue! If you would like
more information, please contact The Fund for Animals at
fund4animals@fund.org or (301) 585-2591.



_____________________________________________________________________________

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