Subject: FW: SW BIODIVERSITY ALERT #43

Subject: SW BIODIVERSITY ALERT #43

* ************* Southwest Biodiversity Alert #43 *****************
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*            southwest center for biological diversity           *
*                      ksuckling@sw-center.org                   *
*             http://www.envirolink.org/orgs/sw-center           *
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1.  PETITIONED FILED TO LIST SOUTHERN CALIFORNIA PLANT AS ENDANGERED-
    HCPs DRIVING IT EXTINCTION

2.  COURT ORDERS DESIGNATION OF CRITICAL HABITAT-
    OVERRIDES ILLEGAL FISH AND WILDLIFE SERVICE POLICY

3.  ARMED GUARDS TO PROTECT CONDOR FROM GOVERNOR SYMINGTON?

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PETITIONED FILED TO LIST SOUTHERN CALIFORNIA PLANT AS ENDANGERED-
HCPs DRIVING IT EXTINCTION

The Southwest Center and the California Native Plant Society have
submitted a petition to the Fish and Wildlife Service to list the San
Diego ambrosia as endangered under  the ESA. Always rare in the
areas that today comprise Riverside,  San Diego, and Baja California,
in recent years San Diego ambrosia  has been nearly wiped out by
development. Two populations persist in  Riverside County near
Skunk Hollow and Lake Elsinor, and twelve  remain in San Diego
County in the San Luis Rey, San Diego, and  Sweetwater river
drainages. As few as three viable United States  populations are all
that may remain one year from today due to  pending development.
        The plight of the San Diego ambrosia is indicative of common
problems with southern California habitat conservation planning
efforts. All populations of this species "preserved" by the City of San
Diego's Multiple Species Conservation Program for example were
misidentified. Numerous ambrosia populations may have been  lost
while populations of another similar species were set-aside.


COURT ORDERS DESIGNATION OF CRITICAL HABITAT-
OVERRIDES ILLEGAL FISH AND WILDLIFE SERVICE POLICY

In October, 1996, in response to a lawsuit by the Southwest Center, a
southern California District Court ordered the Fish  and Wildlife
Service to issue final decisions on whether to list the Laguna
Mountains skipper, Quino checkerspot butterfly,  San Diego fairy
shrimp, Cuyamaca Lake downingia and Parish's  meadowfoam as
Endangered. The court rejected agency arguments that a listing
backlog and lack of congressional funding were sufficient reason for
delaying a final decision.
     Just two weeks later, however, the Service asked the court to allow
them not to make a decision regarding critical habitat. The agency
recently codified a long standing policy of not designating critical
habitat even though it is required by law. The Court affirmed that the
agency is guided by the ESA, which does not include the exemptions
put forth in agency regulations:  "...this Court orders (the Service) to
issue final orders for these five species and to comply with any other
relevant sections of the ESA with respect to these five species -
including designating critical habitat... by February 1, 1997. In the
interim period, the Court will retain jurisdiction over the action."


ARMED GUARDS TO PROTECT CONDOR FROM GOVERNOR SYMINGTON?

Environmentalists have protested a Fish and Wildlife Service decision
to allow the multiply indicted Govenor of Arizona near the endangered
California Condor without the presence of armed guards. Earlier this
year, Fife Symington publicly offered to kill a Mexican spotted owl,
saying they look better stuffed and mounted. "Why would they allow him
anywhere near an endangered species? It's like inviting Dillinger into
a bank," said Robin Silver of the Southwest Center in an Arizona Republic
news story. Symington backed off his earlier promise saying he "probably"
would not kill a spotted owl- its just that "somebody has to weigh in an
bring some sanity to the dialogue" he said.