No. 308, June 27, 2002


  • AGENCY REFUSES TO PROTECT KILLER WHALES

  • CHIRICAHUA LEOPARD FROG LISTED AS ENDANGERED IN AZ, NM, MEXICO

  • 100,000 ACRES PROPOSED TO PROTECT HAWAIIAN SPHINX MOTH

  • 4,412 ACRES PROPOSED TO PROTECT TWO NORTH COAST CA PLANTS

  • 1,000 ACRES PROPOSED TO PROTECT SIERRA NEVADA PLANT

  • KEEP OFF-ROAD VEHICLES OUT OF DEATH VALLEY RIPARIAN JEWEL SURPRISE CANYON: HEARINGS JULY 29-AUGUST 6

AGENCY REFUSES TO PROTECT KILLER WHALES

The National Marine Fisheries Service announced today that Puget Sound's Southern Resident Killer Whales are not significant and will not be protected under the Endangered Species Act.

The decision was in response to a petition to list the Southern Resident killer whales as endangered under the ESA, filed by the Center for Biological Diversity and 11 other conservation groups last year, including the Center for Whale Research, the Whale Museum, the American Cetacean Society, Ocean Advocates, Orca Conservancy, People for Puget Sound, Friends of the San Juans, the Cascade Chapter of the Sierra Club, the Washington Toxics Coalition, Project SeaWolf, and former Washington Secretary of State Ralph Munro.

While admitting that the Southern Residents face extinction, the Fisheries Service stated that the Southern Residents don't qualify under the ESA for protection because they aren't 'significant.' However, the significance of the Southern Residents, including its genetic, behavioral, ecological, and scientific significance, was documented by the co-petitioners and supported by independent scientists.

With unanimous scientific backing and no political opposition to the listing, the negative finding on the petition seems to be part of the Bush Administration's larger political agenda: to eliminate the Endangered Species Act as it is currently known. The Bush Administration has already tried to eviscerate the ESA, and would rather see the Southern Residents go extinct than have them become the ESA's most visible and charismatic success story.

Learn more about Killer Whales.



CHIRICAHUA LEOPARD FROG LISTED AS ENDANGERED IN AZ, NM, MEXICO

In keeping with a negotiated agreement to protect 29 species nation-wide, the U.S. Fish & Wildlife Service listed the Chiricahua leopard frog as an endangered species throughout its range in AZ, NM, and northern Mexico. Parties to the agreement were the Center for Biological Diversity, the California Native Plant Society, and the Southern Appalachian Biodiversity Project.

The Chiricahua leopard frog formerly occurred in streams and wetlands in central and southeast Arizona, southwest New Mexico, and northern Mexico. It occurred in both desert and mountain streams, though the mountain and desert population may be declared separate species. More than 75% of its habitat has been lost to livestock grazing, dams, and water diversions. It is also threatened non-native predators, water pollution, pesticides, and the widespread chytridiomycosis fungus.

Though it lives in some stock tanks in Arizona, the U.S. Fish and Wildlife Service believes these populations are too small and isolated to be considered viable populations. Stock pond populations in New Mexico are prone to sudden die offs. Only restoration of natural streams and wetlands will secure the future for the Chiricahua leopard frog.

The Center for Biological Diversity submitted a scientific petition to list the Chiricahua leopard frog as an endangered species on 6-10-98, then filed two lawsuits in 1999 and 2001 in order obtain the listing proposal and final listing decision. The Center is also working to protect the relict leopard frog, California red-legged frog, Southern California mountain yellow-legged frog, Sierra Nevada mountain yellow-legged frog, Mississippi gopher frog, Yosemite toad, Sonora tiger salamander, California tiger salamander, Sonoma tiger salamander, and Santa Barbara tiger salamander.

Learn more about amphibian decline.


100,000 ACRES PROPOSED TO PROTECT HAWAIIAN SPHINX MOTH

In keeping with a legal settlement negotiated by the Center for Biological Diversity, the U.S. Fish and Wildlife Service proposed to designate 99,433 acres of critical habitat for the endangered Blackburn's sphinx moth on 6-13-02. The designation includes native dryland forest on Maui, Hawaii, Molokai, and Kahoolawe. These are among the rarest remaining habitats on the heavily developed, logged, and grazed Hawaiian Islands. Seventy percent of these forests have been destroyed or degraded.

With a wingspan of 5 inches, Blackburn's sphinx moth is one of Hawaii's largest native insects. When discovered in 1880, it was abundant across the 2 million acres of dry and mesic forests on the main Hawaiian Islands. After massive forest loss and degradation, it was declared extinct in the 1970's. It was rediscovered in 1984 and put on the federal "candidate" list for protection, but was not listed as an endangered species until 2000, and only after two lawsuits by the Center.

The sphinx moth is threatened by livestock grazing, agricultural expansion, wildfire, and the spread of exotic plants and animals. Remaining populations are closely associated with large stands of `aiea (Nothocestrum sp.) trees. Two of the four ‘aiea species are themselves listed as endangered species.


4,412 ACRES PROPOSED TO PROTECT TWO NORTH COAST CA PLANTS

In keeping with a legal settlement negotiated by the Center for Biological Diversity and the California Native Plant Society, the U.S. Fish & Wildlife Service proposed to designate 4,412 acres of critical habitat for the yellow and Baker's larkspurs (Delphinium luteum and bakeri) on 6-18-02.

The Smithsonian Institute petitioned the U.S. Fish & Wildlife Service to list the two coastal northern California plants as endangered species in 1975, but they were not added to the endangered species list until 2000, and only in response to two lawsuits by the Center and one by the California Native Plant Society. 1,828 acre were designated for the Baker's larkspur and 2,584 acres for the yellow larkspur in Sonoma and Marin counties.

Baker's larkspur historically occurred at three areas: Coleman Valley, near the town of Tomales, and a few miles east of Tomales Bay. It has been extirpated from the first two sites by livestock grazing, agricultural conversion, road construction/maintenance, and herbicide spraying. Its population at the only remaining site has fluctuated between 0 and 64 individuals over the past twenty years. Twelve populations of the yellow larkspur formerly existed, but only seven have been seen since the early 1980's. The total population of the species is less than 300 individuals. In addition to the threats above, it is also imperiled by hybridization and fire suppression.

Learn more about our Native Plants Campaign.


1,000 ACRES PROPOSED TO PROTECT SIERRA NEVADA PLANT

In keeping with a legal settlement negotiated by the Center for Biological Diversity and the California Native Plant Society, the U.S. Fish & Wildlife Service proposed to designate 1,085 acres of critical habitat for the Keck's checkermallow (Sidalcea keckii) on 6-19-02.

Keck's checkermallow is endemic to open grassland areas in the Sierra Nevada foothills in Fresno and Tulare counties. It was presumed extinct after not been seen for 50 years, but was rediscovered in 1992. A little over 1,000 plants are presently thought to exist. It is threatened by urban sprawl, agricultural expansion, cattle grazing, and competition from non-native grasses.

The Smithsonian Institute petitioned the U.S. Fish & Wildlife Service to list the checkermallow as an endangered species in 1975, but it was not added to the endangered species list until 2000, and only in response to two lawsuits by the Center and one by the California Native Plant Society.

Learn more about our Native Plants Campaign.


KEEP OFF-ROAD VEHICLES OUT OF DEATH VALLEY RIPARIAN JEWEL SURPRISE CANYON: HEARINGS JULY 29-AUGUST 6

Surprise Canyon is an amazing perennial stream in the Panamint Range of Inyo County, flowing gracefully from Death Valley National Park down to the BLM Surprise Canyon Area of Critical Environmental Concern within the California Desert Conservation Area. This desert stream is home to many rare and endangered species, including the least bells vireo and panamint alligator lizard.

It is also a mecca for extreme off-roading, which is extremely harmful to the riparian environment and wilderness experience. Since spring of 2001, Surprise Canyon has been closed to off-roading – highly modified 4x4's winching up waterfalls, chainsawing big riparian trees, spilling oil and gas in to the stream, scarring the slickrock with black tire skid marks, etc. – as a result of a Center for Biological Diversity lawsuit settlement. The BLM is now preparing an EIS (Environmental Impact Statement) to decide future vehicle use in Surprise Canyon.

It is critical that conservationists speak at these hearings, and write comments in favor of permanent protection for Surprise Canyon by keeping damaging off-road vehicles out.

Each meeting will include two sessions that will be held from 3-5 pm and 7-9 pm at the following dates and locations:

July 29 - Ridgecrest CA, Desert Empire Fairgrounds, Mesquite Hall, 530 South Richmond Road
July 30 - Bakersfield CA, Doubletree Hotel, 3100 Camino Del Rio Court
July 31 - Lone Pine CA, Boulder Creek RV Resort Clubhouse, 2550 South Highway 395
August 5 - Pasadena CA, Sheraton Pasadena Hotel, 303 East Cordova Street
August 6 - San Diego CA, Hilton San Diego Mission Valley, 901Camino Del Rio South

For more information on Surprise Canyon.
Daniel R. Patterson, dpatterson@biologicaldiversity.org, 909.659.6053 x 306


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