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