From: Kieran Suckling [ksuckling@biologicaldiversity.org]
Sent: Sunday, June 24, 2001 1:02 AM
To: Recipient list suppressed
Subject: BIODIVERSITY ACTIVIST #227
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             CENTER FOR BIOLOGICAL DIVERSITY

           <www.biologicaldiversity.org>      6-24-01      #277
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§  BIG VICTORY PROTECTS SONORAN DESERT FROM SPRAWL

§  NATIONAL POLICY DELAYING ENDANGERED SPECIES
    PROTECTION STRUCK DOWN TO PROTECT AZ/NM FROG
    AND FISH

§ FEDS AGREE TO PROTECT CO/WY STREAMSIDES
   FOR ENDANGERED PREBLE’S MEADOW JUMPING MOUSE

§ FEDS TO PROTECT PRAIRIE RIVERS FOR ENDANGERED FISH

§ NATIVE AMERICANS, ENVIRO GROUPS JOIN FOUR
   CORNERS OLD GROWTH PROTECTION EFFORT

§ MEXICAN WOLF RECOVERY UNDER ATTACK!
   CONTACT SENATORS, ATTEND PUBLIC MEETINGS

BIG VICTORY PROTECTS SONORAN DESERT FROM SPRAWL
The Center and other Sonoran Desert defenders scored a huge victory on
June 5th when the Pima County Board of Supervisors unanimously approved a
bold policy drastically limiting development on private land pending preparation
of the County’s regional habitat conservation plan. Hundreds of letters from
Center members and others helped win over reluctant Board members.

The “Interim Conservation Policy” helps ensure that there will be desert
left to save two years from now when the County finishes its Sonoran Desert
Conservation Plan.  The policy limits development to the least sensitive 20% of
any property located in areas identified by experts as important habitat for 56
vulnerable species.  The measure also mandates that development be clustered,
and that applicants submit a detailed analysis of project effects on the vulnerable
species and their habitats.
     _____________________

NATIONAL POLICY DELAYING ENDANGERED SPECIES PROTECTION
STRUCK DOWN TO PROTECT AZ/NM FROG AND FISH
On 6-20-01, the 9th circuit court of appeals struck down a Department of Interior
policy banning citizens from petitioning to list 235 of America’s most imperiled
species under the Endangered Species Act. The Interior Department policy stated
that once a species was determined to warrant endangered status and placed on
the federal “candidate” list, the government would no longer allow scientists and
citizen groups to submit petitions to protect them.

The Bush administration has targeted citizen participation in the Endangered
Species Act because it is the overwhelming cause of species being added to the
endangered species list. The Center for Biological Diversity, for example, has
won endangered species listings for 117 species and the designation of over 33
million acres of critical habitat in the past decade.

Stating that “potentially qualified species may sit on the candidate list for
extraordinary long periods,” court recognized that the policy had turned the
candidate list from an early warning system, to an endangered species purgatory.
The particular species at issue in the suit (Gila chub and Chiricahua leopard frog)
had been stuck on the candidate list for 18 and 9 years respectively. The court
pointed out that Congress had warned against “the foot-dragging efforts of a
delinquent agency” and that this case “demonstrates both the importance of the
petition process and the statutory problems created by the” illegal candidate
policy.

While immediately forcing the Bush administration to complete the listing
process for the chub and leopard frog, the ruling also opened the door to the other
233 species languishing on the candidate list. Since 1980, at least 39 species have
been declared extinct while on the candidate list.

The case was argued by Matt Kenna of Kenna & Hickcox (Durango) and Center
attorney Brendan Cummings.

For a copy of the ruling:
http://caselaw.lp.findlaw.com/data2/circs/9th/0016020p.pdf
      _________________

FEDS AGREE TO PROTECT CO/WY STREAMSIDES FOR
ENDANGERED PREBLE’S MEADOW JUMPING MOUSE
On 4-4-01, the U.S. Fish & Wildlife Service settled a lawsuit with the Center for
Biological Diversity, Biodiversity Legal Foundation and other groups over its
failure to designate critical habitat for Preble’s meadow jumping mouse. The
agency will designate critical habitat for the mouse by June 4, 2003.

Preble’s meadow jumping mouse lives in dense streamside vegetation in CO and
WY. It is threatened by agricultural, residential, and industrial development.

The case was argued by Neil Levine of Earthjustice (Denver).
     _____________________

FEDS TO PROTECT PRAIRIE RIVERS FOR ENDANGERED FISH
On 4-4-01, the U.S. Fish & Wildlife Service settled a lawsuit with the Center for
Biological Diversity, Biodiversity Legal Foundation and other groups over its
failure to designate critical habitat for the Topeka shiner. The agency will
designate critical habitat by August 13, 2003.

The Topeka shiner is a small fish which used to be common in rivers throughout
the central prairie. Its population has dropped by 80%, especially in the past 25
years, due to siltation of spawning habitat, water pollution, dams and diversions.
It is currently isolated in disconnected tributary streams in Kansas (Kansas and
Cottonwood river basins), Missouri (Missouri, Grand, Lamine, Chariton, and Des
Moines river basins), Iowa (North Raccoon and Rock river basins), South Dakota
(James, Big Sioux and Vermillion river watersheds), and Minnesota (Rock and
Big Sioux river watersheds).

The case was argued by Neil Levine of Earthjustice (Denver).
       __________________

NATIVE AMERICANS, ENVIRO GROUPS JOIN FOUR
CORNERS OLD GROWTH PROTECTION EFFORT
Dinè CARE, the Southern Utah Wilderness Alliance, Center for Native
Ecosystems, and Colorado Wild will be joining the Center for Biological
Diversity in a lawsuit to protect old growth forests in AZ, NM, CO, and UT. In
response to previous suits and petitions by the Center, the U.S. Fish & Wildlife
Service proposed to designate 13.5 million acres of forest and canyon lands as
“critical habitat” for the threatened owl. In response to pressure from the U.S.
Forest Service, however, the agency only finalized protection for 4.6 million
acres. Incredibly, the final designation excluded all national forests in AZ and
NM, even though over 90% of all known spotted owls occur there. And the
government wonders why we sue them so often...

To see the critical habitat maps:
http://mso.fws.gov/critical_habitat/critical_habitat.htm
     ________________

MEXICAN WOLF RECOVERY UNDER ATTACK!
CONTACT SENATORS AND SHOW UP AT PUBLIC MEETINGS
Sheep rancher Rep. Joe Skeen (R-NM) has put language in the House Interior
Appropriations bill that requires the U.S Fish & Wildlife Service to conduct a
new review of the Mexican wolf recovery program, a review that Skeen has
stated should be conducted by non-biologists.

This new review would replace a review currently underway by three
independent wolf biologists. Skeen is trying to override their report because
it calls for continuation of the program and greater protection for the wolves.

Please call your senators and ask that they oppose all Mexican wolf riders on
the Senate Interior Appropriations Bill.  If you live in New Mexico it is
particularly important to contact Senators Pete Domenici (R) who is on the
Interior Appropriations Committee and Jeff Bingaman (D).

  Capital Switchboard (all senators) (202) 224-3121
  Pete Domenici (202) 224-6621
  Jeff Bingaman (202) 224-5521

Please follow up your calls with a letter to your senator at U.S. Senate,
Washington, D.C. 20510.

Please also speak out for the Mexican wolf at public "community meetings".
All meetings are between 5 and 8 p.m.

ARIZONA
June 25, Monday, in Phoenix at the Phoenix Zoo, 455 N Galvin Parkway.
June 26, Tuesday, in Clifton at the Old Train Depot, 100 N Coronado Blvd.
June 27, Wednesday, in Whiteriver at the Chief Alchesay Center
June 28, Thursday, in Cibeque at the Cottonwood Center
June 29, Friday, in Springerville at the Springerville City Council Chambers
July 18, Wednesday in Blue at the Blue School

NEW MEXICO DATES
July 10, Tuesday, in Albuquerque at the Aquarium and Botanical Gardens
              Educational Center, 2601 Central Avenue NW
July 11, Wednesday, in Truth or Consequences at the Civic Center, 400 W. 4th
July 12, Thursday, in Silver City at the Bayard Community Center, 209 Hurley
              Avenue
July 16, Monday, in Glenwood at the Glenwood Community Center
July 17, Tuesday, in Reserve at the Reserve Community Center

For background information on the Mexican wolf see
www.biologicaldiversity.org/swcbd/species/mexwolf/wolf.html