Summary
of Center Actions to Protect the California Desert Conservation Area as
of January, 2001
CDCA LAWSUIT SETTLEMENT: 24 Species Protected on 11 million acres
In March 2000, the Center for Biological Diversity, Public Employees for Environmental Responsibility and the Sierra Club filed suit against the Bureau of Land Management over its failure to protect 24 endangered species within the California Desert Conservation Area. In a series of sweeping legal settlements, the BLM agreed to:
- protect Peninsular bighorn sheep habitat and populations
- conduct public education campaigns about environmental protection
- close a sand and gravel mine threatening the arroyo southwestern toad
- prohibit mining on 3.4 million acres
- reduce or prohibit livestock on two million acres
- prohibition of ORVs on over 550,000 acres of sensitive habitat areas
- immediate closure of over 4,500 miles of roads and the eventual closure of thousands more
- raptor-proofing of power lines
- use of wildlife safe engine coolant
- increase wildlife surveying, monitoring, and conservation plans
For more information on the settlement, click here.
PROTECTING BIGHORN SHEEP HABITAT
884,897 Acres of Critical Habitat. On 1-16-01, the U.S. Fish & Wildlife Service mapped out and began protection of 844,897 acres of "critical habitat" for the endangered Peninsular bighorn sheep. The action was the result of a lawsuit by the Center for Biological Diversity. The federal government is prohibited from permitting, authorizing, or funding any activities which will "destroy or adversely modify" critical habitat areas. In addition to virtually all management actions within Bureau of Land Management and U.S. Forest Service Lands, the designation will also influence large private land developments and state highway projects because they typically require a federal permits under the Clean Water Act and/or Section 9 of the Endangered Species Act.
Road and Trail Closures. On 1-17-01, the Bureau of Land Management agreed to a sweeping legal settlement with the Center requiring protection of bighorn sheep through maintenance of existing sheep protection closures, stronger closure of the Dunn Road to stop all non-essential use by motor vehicles, hiring of more sheep ambassadors (i.e. educators) to educate trails users, public education efforts, and voluntary closure of specific trails during the lambing season.
For more information on the settlement, click here.
MINING BANNED ON MILLIONS OF ACRES
Cima Cinder Mine. The Cima Cinder Mine is the largest mine within the 84 million acre U.S. National Park system. Each year it stripped away 7,500 tons of cinder from one of the cinder cones supposedly protected within the Cinder Cones National Natural Landmark. Even worse, the mine destroyed large portions of land designated as critical habitat for the endangered desert tortoise.
The Park Service inherited the mine from the BLM when Congress created the Mojave National Preserve in 1994. In 1996 the Park Service revoked the mining company's permit for violation of environmental regulations. Incredibly, the Park Service then allowed the company to continue mining without a permit.
On May 9, 1999, the Center for Biological Diversity, the National Parks and Conservation Association, Friends of Mojave National Park, and the Western Mining Action Project filed a formal notice of intent to sue the U.S. Park Service. We asked that the mine be immediately and permanently shut down. On August 8, 1999, the Park Service complied, ending one of the uglier chapters in the Park Service's history.
3.4 Million Acre Mining Ban. As part of massive precedent setting legal settlement with the Center for Biological Diversity and others, the BLM agreed to prohibit new or expanded mining operations on 3.4 million designated as critical habitat for the desert tortoise or occupied by other endangered species. A minor exception allows new small mines to be permitted with no more than 20 acres total habitat disturbance CDCA wide.
Sand & Gravel Mining Banned. The Center also won protection for the arroyo southwestern toad by convincing the BLM to close a sand and gravel mine at one of the few remaining toad populations.
For more information on the settlement, click here.
LIVESTOCK CUTBACK TO PROTECT WILDLIFE, WILDERNESS AND WETLANDS
Lanfair Allotment, 349,553 Acres. In September, 1999, the Bureau of Land Management agreed to permanently close its portion of the Lanfair Valley Grazing Allotment if the National Park Service also closed its portion. The deal was struck because a large portion of the allotment lies with critical habitat for the desert tortoise. The tortoise recovery plan specifically calls for ending grazing on critical habitat. Under pressure from the Center, Public Employees of Environmental Responsibility, and Sierra Club and with help from a environmental purchaser, the BLM finally closed the 339,553 allotment to grazing. Under federal law, the 10,000 acre private land base property became part of an enlarged Mojave National Preserve.
Granite Mountains Allotment, 276,125 Acres. In response to public pressure and a threat to sue by the Center for Biological Diversity, PEER, Friends of Mojave National Park, and NRDC, the Bureau of Land Management agreed to permanently cancel livestock grazing on the Granite Mountains Grazing Allotment in March, 2000. This 276,125 acre allotment is within the Bristol Mountains Wilderness, the newly created Mojave National Preserve and the University of California's Granite Mountains Natural Reserve.
Desert Tortoise Habitat, 1.9 million Acres. As part of massive precedent setting legal settlement with the Center for Biological Diversity the BLM agreed on 12-22-00 to eliminate, reduce, or not authorize livestock grazing on 1.9 million acres of desert tortoise habitat. This agreement became an order of the court on 1-29-01.
Cattle & sheep
mow down plants important for tortoise health and reproduction. The hoofed
livestock also trample burrows, killing tortoises inside or wrecking their
homes. The agreement moves BLM toward implementation of the US Fish &
WIldlife Service's Desert Tortoise Recovery Plan which represents the
best available science for the species. BLM signed off on this plan in
1994 and its recommendations for livestock removal from critical habitat.
The stipulated agreement prohibits authorization of any sheep grazing
on 951,953 acres and completely removes cows from 43,596 acres of desert
tortoise habitat. Livestock grazing is prohibited on and additional 285,381
acres of critical and 213,281 acres of essential tortoise habitat during
the spring and fall (March 1-June 15 & Sept. 7-Nov. 7). The BLM is
also prohibited from permitting cattle grazing on 394,835 acres of currently
ungrazed endangered species habitat.
Round Mountain Allotment, 18,084 Acres. A second settlement bans cattle for the 18,084 acre Round Mountain grazing allotment while this high desert Joshua tree and juniper woodland recovers from fire and the West Mojave Plan is completed.
Endangered Songbird Habitat. The settlement requires exclusion of cattle from all areas within three miles of nesting Southwestern willow flycatchers and Least Bell's vireo to lessen the impact of brown-headed cowbird predation on the two species. Cowbirds follow cattle and lay their eggs in the nest of nearby songbirds. Their nestling hatch early and kill or outcompete native songbirds.
Rattlesnake Canyon. The settlement bans cattle from Rattlesnake Canyon on the north slope of the San Bernardino Mountains to protect the desert tortoise and threatened plants such as the Parish's daisy.
Afton Canyon. The settlement requires the fencing of approximately 5 miles of perennial waters on the Mojave River at Afton Canyon to keep out damaging livestock.
Ash Meadows. The settlement requires the fencing off of rare Ash Meadows plants to keep livestock and ORVs out.
Kelso Creek. The settlement requires the fencing off of Kelso Creek to exclude livestock.
For more information on the settlement, click here.
REIGNING IN DESTRUCTIVE OFF-ROAD VEHICLES
Algodones Dunes, 49,310 Acres. On 11-2-00, the Bureau of Land Management agreed to a sweeping legal settlement with the Center requiring the prohibition of off road vehicles from 49,310 acres of the Algodones Dunes to protect the endangered Peirson's milkvetch.
Surprise Canyon, 4,600 Acres. A later settlement agreement in the same case resulted in an agreement to end jeep winching up waterfalls within the 4,600 acre Surprise Canyon Area of Critical Environmental Concern in the Panamint Range near Death Valley National Park,
Microphyll Woodlands, 480,500 Acres. ORVs are prohibited in microphyll woodland desert washes across 480,500 acres of the Sonoran desert of Imperial, Riverside, and San Bernardino counties.
Wilderness and ACECs, 1.1 Million Acres. The BLM also agreed to review and end trespass ORV use in of 713,600 acres of wilderness and 400,000 acres of Areas of Critical Environmental Concern.
Windy Point, 1,080 Acres. Promote recovery of the Coachella Valley fringe-toed lizard and Coachella Valley milkvetch by closing 1,080 acres of habitat to ORV use at Windy Point near Palm Springs CA.
Edwards Bowl/Helendale, 11,600 Acres. Prohibit ORVs on 11,600 acres of critical desert tortoise habitat at Edwards Bowls and Helendale CA.
Afton Canyon. The agreement requires the fencing of approximately 5 miles of perennial waters on the Mojave River at Afton Canyon to keep out damaging ORVs.
Ash Meadows. Fence populations of rare Ash Meadows plants to keep ORVs out.
Kelso Creek.
The BLM agreed to fence streamsides to exclude ORVs.
Rattlesnake Canyon. The BLM agreed to fence streamsides
to exclude ORVs.
For more information on the settlement, click here.
CLOSING HARMFUL ROADS IN CRITICAL HABITAT AREAS
On 1-29-01, the Bureau of Land Management agreed to a sweeping legal settlement with the Center requiring the review and delineation of legally approved roads within 874,000 acres desert tortoise critical habitat in the West Mojave by summer 2001. The process will result in the closure of approximately 4,500 miles of illegal roads. The BLM also agreed to complete a desert-wide route designation process on 11 million acres by 2004 which will result in thousand of miles of additional road closures.
For more information on the settlement, click here.
ENDING WILDLIFE ELECTROCUTION AND POISONING
As part of a legal settlement with the Center, the BLM has agreed to retrofit all major power lines crossing the CDCA to reduce electrocution deaths of raptors.
The BLM also agreed to use wildlife-safe coolant in all government vehicles assigned to the CDCA and to encourage hunters to use non-lead bullets to reduce lead poisoning in raptors and other species which feed on carrion.
For more information on the settlement, click here.
CONTROLLING NON-NATIVE SPECIES
In response to the Center's lawsuit, the BLM will step up its efforts to humanely remove non-native burros from the habitats of the desert tortoise, Inyo California towhee and Yuma clapper rail. It will also accelerate removal of non-native tamarisk trees to promote riparian restoration.
For more information on the settlement, click here.
WILDLIFE MONITORING AND SURVEYING
To ensure wildlife are discovered and protected, the BLM will greatly increase surveying for endangered riparian birds, review endangered species conservation efforts, and develop new management plans for 17 Areas of Critical Environmental Concern and 16 Wilderness and Wilderness Study Areas.
For more information on the settlement, click here.