Subject: FW: SW BIODIVERSITY ALERT #70

Subject: SW BIODIVERSITY ALERT #70

   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
              SOUTHWEST BIODIVERSITY ALERT #70
                           5/6/97          

          SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY
           silver city, tucson, phoenix, san diego
   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

JUDGE BLASTS USFWS IN ORAL HEARINGS-
RULING TO LIST NORTHERN GOSHAWK EXPECTED SOON

USFWS RUSHES BIOLOGICAL OPINION TO AVOID HOOVER DAM DRAWDOWN-
ALLOWS DESTRUCTION OF 1,100 ACRES OF FLYCATCHER HABITAT

HELP NEEDED IDENTIFYING 25 WORST SOUTHWESTERN PROJECTS

***   ***   ***

JUDGE BLASTS USFWS IN ORAL HEARINGS-
RULING TO LIST NORTHERN GOSHAWK EXPECTED SOON

In oral hearings on May 5th, Judge Richard Bilby criticized the
USFWS for claiming that the western population of the northern
goshawk can not be listed under the ESA. Though its own biologists
recommended a positive finding, bureaucrats ordered a negative
finding on the basis that since the western population contains three
subspecies (Queen Charlotte, northern, and Apache) it does not
qualify as a "population" according to the agency's policy. Judge
Bilby noted that the new population policy does not reflect the ESA,
that numerous listed populations (such as the wolf) contain multiple
subspecies, and that common sense would have dictated listing each
population separately if they truly believed this to be more
technically correct.

A final written decision is expected within a month. If successful,
this would be the second time Bilby has overturned a negative 90-day
finding on the Southwest Center's petition to list the western
population under the ESA.

The northern and Apache goshawk (both subspecies of the northern
goshawk) inhabit old growth ponderosa pine, mixed-conifer, and
aspen forests in every western state. The Queen Charlotte goshawk
depends upon old growth rainforests in SE Alaska, British Columbia,
and the Olympic Peninsula. Last year, a DC Federal Court overturned
the USFWS' refusal to propose the Queen Charlotte subspecies as
endangered. A second decision is due on Queen Charlotte goshawk
June 8th.

Plaintiffs in the most recent case include the Southwest Center,
ONRC, The Ecology Center, Native Forest Network, and others.
They are represented by Dan Rolf and Matt Kenna.


USFWS RUSHES BIOLOGICAL OPINION TO AVOID HOOVER DAM DRAWDOWN-
ALLOWS DESTRUCTION OF 1,100 ACRES OF FLYCATCHER HABITAT

In order to escape a Southwest Center lawsuit seeking to draw down
Lake Meade by 3.5 million acre feet, the USFWS has declared its
draft Biological Opinion on the effects of all Bureau of Reclamation
projects on the lower Colorado River to be complete. The Center had
argued that the Bureau was not permitted to store the water, drowning
one of the largest southwestern willow flycatcher populations, while
the agency was consulting with the USFWS. By suddenly declaring
its draft Biological Opinion final, the USFWS concluded the
consultation before the judge could order a draw down.

In response to a 60-day notice of intent to sue by the Southwest
Center, BuRec has been consulting on the effects of its operations on
the entire lower Colorado River ecosystem. Species most at risk from
the agency's dams, water withdrawals, and dredging include the
southwestern willow flycatcher, razorback sucker, and bonytail chub.
The opinion declares jeopardy on all three.

The opinion states that destroying the endangered songbird's habitat
would be "catastrophic" since it represents one of only five places
where more than 20 flycatchers are thought to nest. The opinion
declared that destruction of 1,100 acres of contiguous habitat would
jeopardize the flycatcher. Nevertheless, the agency authorized the
destruction, with no effort to make BuRec modify operations of
Hoover Dam. Instead, it declared that a plan to protect 1,400 acres of
currently unknown, fragmented habitat, sometime in the next five
years, not necessarily on the Colorado River, would provide adequate
mitigation.

In the last two years, the FWS has authorized the complete
destruction of flycatcher populations at Lake Meade, Lake Isabella,
and Lake Roosevelt. It has authorized the take of approximately 20%
of the entire subspecies since it was listed as endangered. Though the
agency admits the species is going extinct, it refuses to allow jeopardy
opinions to stop or even alter any SW water projects. The Regional
Director could only say that the Hoover Dam opinion would allow
the endangered bird to "limp along".


HELP NEEDED IDENTIFYING 25 WORST SOUTHWESTERN PROJECTS

The Southwest Center for Biological Diversity is preparing a report
on the 25 most destructive projects in the Southwest. The report will
look at habitat destruction, impact to endangered species, government
subsidies, and political motivation. It will include a wide range of
categories, such as logging, development, predator control, mining,
grazing, waste dumping, and water diversion projects. If you know of
projects, whether currently being implemented or just in the planning
stages, that would rate as one of the top 25 most destructive in the
Southwest please contact Project Coordinator: Shane Jimerfield,
502.733.1391, sjimerfield@sw-center.org.


Kieran Suckling                               ksuckling@sw-center.org
Executive Director                            520.733.1391 phone
Southwest Center for Biological Diversity     520.733.1404 fax
http://www.envirolink.org/orgs/sw-center      pob 17839, tucson, az 85731