No. 333, May 1, 2003

SUIT FILED TO PROTECT ISLAND FOX

   

MIDVALLEY FAIRY SHRIMP INCHES TOWARD PROTECTION

   

COURT ORDERS END OF PACIFIC FISHER PROTECTION DELAY

   

SUIT SEEKS END OF PROTECTION DELAYS FOR SIERRA NEVADA FROG

   

IF BUSH WON'T DEFEND FEDERAL STEELHEAD PROTECTIONS, WE WILL

   

PETITION FILED TO PROTECT CALIFORNIA BURROWING OWLS

   

JOIN US FOR HANDS-ON CONSERVATION OF CALIFORNIA'S WILD AND SCENIC RIVERS

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SUIT FILED TO PROTECT ISLAND FOX

The Center for Biological Diversity sued the U.S. Fish and Wildlife Service on 4-17-03 for refusing to list the San Miguel, Santa Rosa, Santa Cruz, and Santa Catalina island foxes as endangered species. In response to a petition from the Center and the Institute for Wildlife Studies, the agency proposed to protect the four subspecies on 12-10-01, but has not finalized the decision.

Native to the Channel Islands, the subspecies have suffered recent dramatic declines. On San Miguel Island, the population declined to just fifteen animals, after which fourteen were captured for captive breeding, leaving only one individual in the wild. Overall, island fox numbers have fallen from approximately 6,000 individuals in 1994 to fewer than 1,660 in 2001.

The four subspecies are threatened by introduced diseases, such as canine distemper, habitat alteration related to the introduction of pigs, goats, deer, cattle, sheep, and elk, and predation by golden eagles that recently colonized the Channel Islands. The islands were historically occupied by bald eagles, which did not prey on the foxes, but following sharp declines in bald eagles related to DDT, and the introduction of pigs, which provided abundant prey, golden eagles were able to colonize the islands.


To find out more about the island fox, click here.


MIDVALLEY FAIRY SHRIMP INCHES TOWARD PROTECTION

On 4-29-03, the U.S. Fish and Wildlife Service issued a preliminary decision that the midvalley fairy shrimp (Branchinecta mesovallensis) may require listing as an endangered species under the federal Endangered Species Act. The decision, called a 90-day finding, came in response to a 8-15-01 petition by the Center for Biological Diversity and VernalPools.org. The agency will decide by 1-04-04 whether to formally propose the fairy shrimp as an endangered species.

The midvalley fairy shrimp inhabits vernal pools within the Great Central Valley, including Sacramento, Solano, Merced, Madera, San Joaquin, Fresno, and Contra Costa counties. Vernal pools are one of the most threatened habitat types in the world. Over 97% of California's vernal pools have already been lost due to urban sprawl, agribusiness, offroad vehicles, livestock grazing, and wetland draining. The loss reverberates through the ecosystem as vernal pools are home to many plants and animals that in turn form a valuable part of the food chain for a wide array of animals, including birds of prey, shorebirds, migratory waterfowl, frogs, toads, salamanders and pollinating insects. Fairy shrimps are a vital part of this web of life.

Of 52 known midvalley fairy shrimp populations, only seven are in protected areas such as national wildlife refuges or mitigation banks. One of the largest single threats to the midvalley fairy shrimp is the University of California's plan to build a new campus and city on one of the largest remaining vernal pool mosaics in the state. The proposed 1,300 acre UC Merced campus will directly impact dozens of acres of vernal pools, some of which are occupied by the shrimp. Increased urban sprawl, agricultural and residential conversion, and indirect impacts (such as altered hydrology) resulting from the proposed UC Merced campus, a new town of 30,000 people, and associated infrastructure development are anticipated to destroy, fragment and degrade nearby midvalley fairy shrimp habitat as well.

To view the finding and learn more visit our fairy shrimp web site .


COURT ORDERS END OF PACIFIC FISHER PROTECTION DELAY

A federal judge sided with the Center for Biological Diversity, NRDC, and Sierra Nevada Forest Protection Campaign in a ruling on 4-09-03 that determined that the U.S. Fish and Wildlife Service missed a deadline by more than two years to determine if the pacific fisher should be granted protection under the Endangered Species Act. District Judge Samuel Conti rejected the agency's request for an additional year's delay, and ordered an initial decision within 90 days on the status of the Pacific fisher.

The pacific fisher is absent or severely reduced in most of the west coast. Only three small, isolated populations remain, including native populations in northern California and the southern Sierra Nevada and a reintroduced population in the southern Oregon Cascades. The fisher is closely associated with old-growth forests and has become rarer as old growth has declined by 60-85% from logging across California, Oregon and Washington.

The Sierra Nevada population, critical to survival of the entire species, faces imminent extinction unless granted ESA protection.

Earthjustice attorney Greg Loarie represented the Center, NRDC and Sierra Nevada Forest Protection Campaign in the suit.

To learn more at the fisher web site.


SUIT SEEKS END OF PROTECTION DELAYS FOR SIERRA NEVADA FROG

On 4-01-03, the Center for Biological Diversity and Pacific Rivers Council (PRC) filed suit against the U. S. Fish and Wildlife Service challenging the delay of Endangered Species Act protection for the Sierra Nevada population of the mountain yellow-legged frog (Rana muscosa), an extremely imperiled amphibian inhabiting high elevation lakes, ponds, and streams in the Sierra Nevada.

The Center and PRC originally petitioned to list the species under the ESA in February 2000. In January 2003, the Service published a "warranted but precluded" listing decision, agreeing that the species warrants listing, but claiming listing is precluded by "expeditious progress" being made on listing of other species. However, not a single species has been listed under the Bush administration that is not a result of environmental lawsuits or petitions, hardly "expeditious progress" in protecting endangered species. Species placed on the "warranted but precluded" list receive no legal protection, nor is there any limit on how long they may be left on the list.

Surviving in as little as 10 percent of its original range, the mountain yellow-legged frog has declined alarmingly, by more than 40 percent in the last five to seven years, primarily due to predation from non-native trout, grazing, disease caused by pesticide drift and ultraviolet radiation from ozone depletion. At this rate of decline, scientists are predicting that the frog will become completely extinct in the Sierra within decades.

Earthjustice attorneys Greg Loarie and Michael Sherwood are representing the Center and PRC in the mountain yellow-legged frog complaint.

For more information and to view the press release.


IF BUSH WON'T DEFEND FEDERAL STEELHEAD PROTECTIONS, WE WILL

In March 2003 the Center for Biological Diversity joined the Northern California Council of the Federation of Fly Fishers, Federation of Fly Fishers, Delta Fly Fishers, Trout Unlimited, Woodbridge Rivers Company, and Pacific Rivers Council to intervene in a lawsuit filed by Central Valley water irrigation districts attempting to strip Endangered Species Act protections from wild steelhead trout in California's Central Valley.

The water district lawsuit argues that hatchery steelhead, which are contributing to declines of wild fish by introducing disease, changing genetics, and competing for scarce resources, must be included with wild steelhead when considering endangered species status. The case is the latest in a concerted effort by developers, irrigation and agribusiness interests to strip Endangered Species Act protections from salmon and steelhead stocks up and down the Pacific coast following a controversial court opinion in September 2001. That ruling found that artificially bred hatchery fish should be considered along with their wild cousins when decisions are made regarding ESA protections.

Biologists estimate that 1 to 2 million steelhead historically spawned each year in the Central Valley, but by the 1960s this number had been reduced to 40,000 spawners. With more than 95% of the historic spawning habitat now inaccessible due to dams and water diversions, only about 3,600 female steelhead now spawn naturally each year in the entire Central Valley.

To view the press release and for more information.


PETITION FILED TO PROTECT CALIFORNIA BURROWING OWLS

On 4-07-03, the Center for Biological Diversity, Santa Clara Valley Audubon Society, Defenders of Wildlife, San Bernardino Valley Audubon Society, California State Park Rangers Association, and Tri-County Conservation League petitioned the California Fish and Game Commission to list the western burrowing owl (Athene cunicularia hypugaea) as a state endangered or threatened species under the California Endangered Species Act.

The western burrowing owl is a small ground-nesting bird of prairie and grassland habitats. Burrowing owls in California rely upon burrows dug by ground squirrels for nests, and require suitable habitat consisting of open fields with adequate food supply for foraging, low vegetative cover to allow owls to watch for predators, and roosting sites.

Once one of the most common birds in California, burrowing owls have declined precipitously in the last two decades due to massive urban development and conversion of agricultural lands, and are now in danger of becoming extinct throughout most of their range. They persist in only small, declining populations that are highly susceptible to extirpation. The owls have been completely eliminated from five counties (eight to ten percent of their former range) and are nearing extirpation in at least six other counties (25 percent of their range). The state-approved practice of relocation from development sites is accelerating local extirpations. There are currently no state or federal laws that protect owl habitat, and such habitat is rarely purchased by agencies to conserve the owl and other grassland-dependent species.

Learn more at the Center's Burrowing owl web site.


JOIN US FOR HANDS-ON CONSERVATION OF CALIFORNIA'S WILD AND SCENIC RIVERS

The Center for Biological Diversity will be participating in working field expeditions with the Ventana Wilderness Alliance and Forest Service to explore the Sisquoc River. Participants will learn more about riparian ecology and help manually remove exotic plants from wild and scenic river corridors.

On May 22-24, join the Center and wildlife biologists with the Forest Service at the Sisquoc River. The expedition will focus on removing exotic species from a rugged and remote area while learning about the ecology of wild and scenic rivers with experienced and knowledgeable individuals.

Please contact Brent Plater at: bplater@biologicaldiversity.org for more details and to reserve space. RSVP by May 8.


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