Center for Biological Diversity: Endangered Earth - Online # 321

10/17/2002 1205

WHY DOES THE U.S. FISH AND WILDLIFE SERVICE GET SUED SO MUCH?

The U.S. Fish and Wildlife Service reduced the area of Mexican spotted owl critical habitat by 8.9 million acres (66%) between the proposed and final rules. It reduced the area of wintering critical habitat for the piping plover by 1.9 million acres (92%) between the proposed and final rules. The Service asserted that it was not necessary to issue a new proposal or take new public comment on these massive changes.

But, the Service asserts, it can not add five acres (0.1%) to Santa Cruz tarplant critical habitat between the proposed and final rules. According to the Service, this change would require a new critical habitat proposal and a new public comment process. Instead, it excluded the area even though it admits it may be necessary for the conservation of the species.

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