LAWSUIT FILED TO PROTECT CRITICAL HABITAT
FOR ENDANGERED FRESHWATER FISH

On January 15, 2002, the Center for Biological Diversity filed a lawsuit to protect habitat for the unarmored threespine stickleback (Gasterosteus aculeatus wiliamsoni), an endangered freshwater fish. The lawsuit alleges that the U.S. Fish and Wildlife Service (FWS) failed to finalize a critical habitat proposal it issued nearly 20 years ago. The lawsuit also challenges a permit to kill sticklebacks that was issued for a proposed gravel mine. The permit violates California's Fully Protected Species statute.

Santa Clara River, photo courtesy of the Friends of the Santa Clara River

The unarmored threespine stickleback is a small, scaleless, freshwater fish that inhabits the slow and quiet waters of streams and rivers. The stickleback depends on clean, clear water with a good diversity of algae and other plants. The unarmored threespine stickleback was listed as an endangered species in 1970 (under the legal precursor to today's Endangered Species Act). It is also a protected species under California law.

Historically, the unarmored threespine stickleback was found throughout Southern California, but by 1985 it only remained in a small portion of the upper Santa Clara River drainage in Los Angeles County and the San Antonio Creek drainage in Santa Barbara county. The decline of the stickleback is attributed to urbanization in the Los Angeles area. Today, the unarmored threespine stickleback still faces many threats including urban development, pollution, mining, predation by non-native species, water quality degradation, and channelization of streams.

As our nation's most powerful environmental law, the Endangered Species Act could protect the stickleback, yet the U.S. Fish and Wildlife Service (FWS) has failed to enforce some provisions of the law. The Center for Biological Diversity discovered that in 1978, FWS proposed to designate critical habitat for the stickleback, but never finalized the rule. On January 15, 2002, the Center filed suit claiming that the FWS must finalize the critical habitat determination to protect the species. The lawsuit further alleges that the FWS illegally invoked an exception to the Endangered Species Act that allows a gravel mine to "take" the endangered stickleback. The exception is not applicable to the unarmored threespine stickleback because it is protected in California as a Fully Protected Species and hence "take" is not otherwise lawful.

The U.S. FWS has allowed over 20 years to lapse without finalizing critical habitat for the unarmored threespine stickleback. The Endangered Species Act generally requires the FWS to designate critical habitat for listed species to help promote the species recovery. Critical habitat is an important component of the recovery of the unarmored threespine stickleback. By providing the stickleback with critical habitat, we can be assured that urban pressures will not continue to destroy the clean, clear rivers upon which the stickleback depends. The endangered stickleback needs to be protected or it may be driven to extinction by the ongoing destruction of its habitat. The U.S. Fish and Wildlife Service has a duty to designate critical habitat for the unarmored threespine stickleback, and prevent any further harm to this unique freshwater fish.

Critical habitat is an important component of the recovery of the unarmored threespine stickleback. By providing the stickleback with critical habitat, we can be assured that urban pressures will not continue to destroy the clean, clear rivers upon which the stickleback depends. Critical habitat is a powerful tool for environmental protection, not only protecting the stickleback, but it also protects other wildlife that depend on a healthy river ecosystem.

Click map to enlarge...

The Center for Biological Diversity discovered that in 1978, FWS proposed to designate critical habitat for the stickleback, but never finalized the rule. On January 15, 2002, The Center filed suit claiming that the FWS must finalize the critical habitat determination to protect the species. The lawsuit further alleges that the FWS illegally invoked an exception to the Endangered Species Act that allows a gravel mine to "take" the endangered stickleback. The Endangered Species Act prohibits "take" of any listed species meaning to harass, harm, pursue, wound, or kill that species.

The endangered stickleback needs to be protected or it may be driven to extinction by the ongoing destruction of its habitat. The U.S. Fish and Wildlife Service has a duty to designate critical habitat for the unarmored threespine stickleback, and prevent any further harm to this unique freshwater fish.