Subject: FW: SW BIODIVERSITY ALERT #19

Subject: SW BIODIVERSITY ALERT #19

* ************* Southwest Biodiversity Alert #19 *****************
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*            southwest center for biological diversity           *
*                      ksuckling@sw-center.org                   *
*             http://www.envirolink.org/orgs/sw-center           *
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           LAWSUITS, PETITIONS & CHILDREN'S OPERA:
            PUSH ON TO PROTECT SOUTHWEST WETLANDS


1. LAWSUIT FILED TO DESIGNATE 650 MILES OF CRITICAL HABITAT FOR
   SOUTHWESTERN WILLOW FLYCATCHER

2. PETITION FILED TO LIST IMPERILED WETLANDS PLANT AS ENDANGERED

3. NOTICE GIVEN OF SUIT TO LIST SALAMANDER, WETLANDS PLANTS,
   RIPARIAN OWL & JAGUAR AS ENDANGERED

4. 380 PEOPLE ATTEND ECO-OPERA TO SAVE THE SAN PEDRO RIVER

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1. LAWSUIT FILED TO DESIGNATE 650 MILES OF CRITICAL HABITAT FOR
SOUTHWESTERN WILLOW FLYCATCHER

The Southwest Center has filed a lawsuit challenging the Fish and
Wildlife Service's finding that critical habitat for the
Southwestern willow flycatcher is "not determinable." Reduced to
about 500 pairs spread across California, Arizona, New Mexico,
Colorado, and northern Mexico, the Southwestern willow flycatcher is
possibly the most endangered species in the U.S.  It was listed as
Endangered in 1995 due to loss of riparian habitat by overgrazing,
dam construction, urban development, and water depletion. The
proposal to designate 650 river miles of critical habitat, however,
was never finalized. 

The FWS claimed that the bird's habitat is "not determinable," even
though the listing rule expressly stated that the habitat needs of
the endangered songbird are well known. The FWS has a de facto and
illegal policy of not designating critical habitat except under
court order.  On April 11, 1996, the agency when as far as
publishing an "interim policy" stating that critical habitat is of
little value and will not be designated even after the moratorium is
listed.  The flycatcher is a perfect example of the importance of
critical habitat.  It is so drastically reduced in number, that it
is absent from the vast majority of riparian habitat within its
historic range. Protection of habitat near existing birds only, will
allow huge amounts of riparian forests to be destroyed, resulting in
the extinction of the flycatcher. It's only hope is to reverse the
decline in Southwestern riparian forests regardless of whether they
are currently occupied or not.

The Southwest Center filed a petition to list the flycatcher as
endangered in 1992. The proposed critical habitat includes portions of
the Gila, San Pedro, Rio Grande, Verde, Santa Margarita, San Louis
Rey, and Colorado rivers.


2.  PETITION FILED TO LIST IMPERILED WETLANDS PLANT AS ENDANGERED

On behalf of the Southwest Forest Alliance, the Southwest Center has
filed a petition to list the Chiricahua Dock as an Endangered
Species.  The dock is endemic to the high elevation cienegas (i.e.
wetlands) on the National Forests of eastern and southeast Arizona.
It has declined dramatically due to overgrazing, water pumping, and
forest developments.  The "interim policy" discussed above, also
directs the FWS to not process new ESA petitions.  This is
completely illegal.  The Southwest Center has informed the FWS is it
will be sued if it attempts to implement the policy.


3.  NOTICE GIVEN OF SUIT TO LIST SALAMANDER, WETLANDS PLANTS,
RIPARIAN BIRD, JAGUAR AS ENDANGERED

The Southwest Center has given the Fish and Wildlife Service 60- day
notice that it will sue the agency for its failure to list the
Huachuca tiger salamander, Huachuca water umbel and the Canelo Hills
ladies' tresses as endangered species.  Endemic to southeastern
Arizona and northern Mexico, the three mid-elevation cienega
obligates are also threatened by overgrazing, pumping, and
development.  The Fish and Wildlife Service claims that critical
habitat is not determinable for the salamander and water umbel, and
not prudent for the ladies' tresses.

The Southwest Center has given the Fish and Wildlife Service 60- day
notice that it will sue the agency for its failure to list the
Cactus ferruginous pygmy owl as endangered in Arizona, northern
Mexico and Texas.  A ferocious predator of birds and mammals, the
tiny pygmy owl is threatened by loss of riparian forests in Arizona,
thorn scrub in medico, and oak woodlands in Texas.  The Southwest
Center filed a petition to list the owl as endangered in 1993.

The Southwest Center has given the Fish and Wildlife Service 60- day
notice that it will sue the agency for its failure to list the
Jaguar as an endangered species from southern California to
Louisiana. The Jaguar was "accidentally" deleted from the list of
U.S. endangered species in 1973 though it is listed under the Act in
Mexico. Failure to list the species north of the border, resulted in
jaguars being shot by ranchers as late as 1986. A jaguar was seen in
southern Arizona in 1995.  When the FWS failed to act on an ESA
petition filed by LifeNet and students from the Sierra Institute,
the Southwest Center obtained a court order resulting in the cat
being proposed for listing in 1994.


4.  380 PEOPLE ATTEND "WATERSHED", A CHILDREN'S ECO-OPERA TO SAVE
THE SAN PEDRO RIVER

Second graders at the Elvira Elementary School in Tucson, AZ put on
two performances of "Watershed", an eco-opera about the beauty,
plight and salvation of the San Pedro River.  Almost 400 people as
watched the children sang and dance an original bi-lingual opera
written and produced by Ken Silverman for the Southwest Center.

The San Pedro is the Southwest's only undammed river. It is the last
and best hope for riparian and aquatic species recovery.  In 1987 it
was designated the nation's first National Riparian Conservation
Area.  Cattle were taken off 55,000 acres and development was
prohibited.  Unfortunately, no water rights were established. Now,
development, especially by the military, promises to desiccate the
river within the next 10 years.