From: Kieran Suckling [ksuckling@sw-center.org]
Sent: Tuesday, October 26, 1999 7:05 PM
To: Recipient list suppressed
Subject: BIODIVERSITY ALERT #209
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             CENTER FOR BIOLOGICAL DIVERSITY

             www.sw-center.org      10-26-99      #209
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§ SUIT SHUTS DOWN DREDGING, OIL SPILLS IN HUMBOLDT BAY

§ SUIT TO CHALLENGE PYGMY KILL PERMIT

§ COALITION CHALLENGES AGENCY REFUSAL TO PROTECT
   SOUTHERN CALIFORNIA STEELHEAD TROUT

§ EDITORIAL: OWL RULING AGAINST ARIZONA DEVELOPMENT
   WISE

SUIT STOPS DREDGING, OIL SPILLS IN HUMBOLDT BAY
On 10-26-99, Federal Judge Claudia Wilken issued a temporary
restraining order halting a U.S. Army Corps of Engineers dredging
project in Humboldt Bay, CA. The Center for Biological Diversity and
the Environmental Protection Information Center (EPIC) sued to stop
the dredging after contractors spilled over 2,000 gallons of oil into
the bay on two separate occasions in September and October, killing
thousands of birds and marine animals.

Over 40 miles of pristine North Coast beaches have been polluted,
including Clam Beach, a popular recreation area. Marbled murrelets,
California brown pelicans, and Western snow plovers- all endangered
species- have been killed. Though the National Marine Fisheries
Service and the U.S. Fish & Wildlife Service warned the Corps that its
dredging project could kill endangered species and violate the
Endangered Species Act, the Corps refused to halt the dredging or
consult with the wildlife agencies, leading to the current crisis.

The restraining order will remain in effect until at least 11-5-99 when
the case is further reviewed. The case is being argued by Baback
Naficy (Los Angeles) and Brian Gaffney (Oakland).
     _______________________

SUIT TO CHALLENGE PYGMY KILL PERMIT
The Center for Biological Diversity, the Sierra Club and the Center for
Environmental Connections have officially notified the U.S. Fish &
Wildlife Service they will file suit unless the agency revokes a recently
issued permit allowing the killing of a pygmy owl by developers. With
fewer than 20 breeding pairs known to remain in Arizona, the killing of
even a single bird could significantly jeopardize the species's continued
existence. Nonetheless, the Fish & Wildlife Service has approved the
Lazy K Ranch "habitat conservation plan" including the death of one
pygmy owl and the harassment of others.

Habitat conservation plans, or HCPs are applications by developers or
others seeking "take" of listed species in exchange for mitigation.
HCPs must present mitigation specifics and by definition must provide
for the conservation of endangered species. The Lazy K HCP falls far
short of these mandates on all counts. Most glaring is the Service’s
willingness to grant owl killing permit prior to even determining, through
preparation of a recovery plan, where and how many owls will need
protection to recover the species.
     _________________

COALITION CHALLENGES AGENCY REFUSAL TO PROTECT
SOUTHERN CALIFORNIA STEELHEAD TROUT
The Center for Biological Diversity and a coalition of ten conservation and
fishing groups has officially notified the National Marine Fisheries Service
of their intent to sue the agency for refusing to include most of southern
California from the protected range of the endangered Steelhead
trout. Bowing to political pressure, the Fisheries Service unlawfully
excluded all streams south of Malibu Creek  (just north of Los Angeles),
and all stream reaches above impassable dams.

The ruling was designed to avoid conflicts with the military, developers,
and dam builders, rather than protect the steelhead. The agency's own
internal documents show that steelhead formerly occupied coastal
streams south to Mexico and that important habitat exists above
many southern California dams. These dams must be remove to
restore the coastal rivers, beaches, and wildlife of southern
California.

Over 100,000 steelhead trout once inhabited the streams south of San
Luis Obispo County. Fewer than 400 remain. The importance of protecting
steelhead streams upstream of dams and south of Malibu Creek has been
dramaticized by the discovery of steelhead this year in San Mateo Creek
in San Diego County. These were well within the agency's identified "zone
of extinction." Public pressure is mounting, meanwhile, to remove
Matilija Dam in order to restore beaches and trout habitat.
     ________________________

EDITORIAL: RULING AGAINST REGIONAL DEVELOPMENT IS WISE
The Arizona Daily Star published the following editorial on 10-21-99.
It supports to a sweeping court order issued last week prohibiting the
Army Corps of Engineers from issuing development permits on millions
of acres in southern Arizona, and requiring the agency to comprehensively
review the impacts of all its development permits on the pygmy owl
and other imperiled species. The Star sees in the ruling a reminder that
southern Arizona should protect its open spaces while developing
a regional habitat/open space protection plan.

  RULING ACCENTS OWL WISDOM

  U.S. District Judge Alfredo Marquez' latest ruling on the endangered pygmy
  owl sounds scary. Road-builders contend road projects may be stalled.
  Developers are crying the blues about a decision that could well delay some
  home construction.

  And yet, for all the consternation, Marquez' opinion warrants confidence. It
  underscores the wisdom of the county's ongoing drive to craft a global
  solution to its owl habitat and open space crunch...the ruling makes clear
  that until the county completes its comprehensive Sonoran Desert
  Conservation Plan, developers should simply avoid disturbing local washes
  if they want to avoid delays...

  Likewise, any headaches Marquez' ruling does provoke should remind this
  community why it embarked on its laborious habitat conservation planning
  process in the first place...That plan will through science and community
  discussion apportion where development can and cannot occur. When it has
  been completed, the uncertainties of the present will give way to the
  predictability of a known system of habitat reserves and construction zones.

  In light of that, those complaining about Judge Marquez' owl ruling should
  complain only that creating the county's grand solution takes so long. When
  it is done, Pima County's habitat plan will release Tucson at last from new
  lurches from Judge Marquez' bench.
_____________________________________________________________

Kierán Suckling                               ksuckling@sw-center.org
Executive Director                          520.623.5252 phone
Center for Biological Diversity         520.623.9797 fax
http://www.sw-center.org            pob 710, tucson, az 85702-0710