E-M:/ Critical Habitat Comments and Sign on letter

[JN Sanders <johnnick@execpc.com>]

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Enviro-Mich message from JN Sanders <johnnick@execpc.com>
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 August 11, 1999
>
> ACTION ALERT!
>
> URGENT!
>
> Last Chance To Send Comments
>
> Sign-on letter in support of critical habitat
>
> Critical Habitat Comments Due This Friday, August 13th!

 Folks,

Don't delay. The U.S. Fish and Wildlife Service comment period on the
role of critical habitat in protecting endangered and threatened
species is closing.  It is crucial that we get as many comments in
support of critical habitat to FWS before the deadline, this Friday,
August 13.  Make this a lucky day for all the species who depend on
critical habitat designation for their survival.

Only 3 of 63 species listed as endangered or theratened in the Midwest
have
critical habitat designation.  That is less than 5%.  Thankfully, one of
the
3 species is the gray wolf with critical habitat on Isle Royale.  These
animals have greatly benefitted from this protection.

Below you will find a sign-on letter that will be submitted as part of
the official record.  Because the FWS plans to use these comments in
assessing current critical habitat regulations and any future revisions
it will make, it is crucial that we let Babbitt and his cronies know
critical habitat is essential to species conservation and recovery.

Under the Endangered Species Act, critical habitat is considered
"essential to the conservation of the species" and required for all
listed endangered and threatened species.  However, due to the FWS'
policy of continually dodging critical habitat designation unless
compelled under court order, along with its abuse of the "not prudent"
loophole, less than 10% of the 1,200 species listed have critical
habitats designated.  In fact, in the last three years the FWS has
invoked the "not prudent" rule in 228 out of 256 decisions, a blatant
and gross effort on behalf of the FWS to avoid listing habitats.

Babbitt has consistently worked with anti-ESA lawmakers to gut the ESA
and critical habitat.  Twice this year we've caught him supporting
anti-ESA riders to must-pass appropriations bills.   He has even
publicly stated that if he had his way, he wouldn't designate any
critical habitat!  And he's supposed to be the lead advocate for
endangered species!

We must work to put an end to the FWS' long-standing practices of
preventing critical habitat designations and weakening the Endangered
Species Act.  We must make the FWS realize that critical habitat is
essential to the conservation of our nation's species.

So, please take a few minutes to send your comments in on critical
habitat to the FWS.  Also, sign on to the following letter in support
of critical habitat if you haven't already.  The deadline for the sign-
on letter is August 12th.   If you are not affiliated with an
organization, use the following letter as a sample for your own
comments.  We've included some additional talking points to help you do
this.

Thanks,
Roger Featherstone
GREEEN Director

P.S. Remember the deadline for the critical habitat  comments to FWS is
Friday, August 13 and for the sign-on letter Thursday August 12.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 GREEN is a project of Defenders of Wildlife designed to serve
 grassroots wildlife and wildlands advocates.  GREEN policy positions do

 not necessarily represent those of Defenders of Wildlife.
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 WHAT YOU CAN DO

 1) Write your own letter to the U.S. Fish and Wildlife Service voicing
 your support for critical habitat designations.  See the website of the

 Endangered Species Coalition for more background information and a
 sample letter to help you craft a personalized letter.
 <http://www.stopextinction.org>.

 You can mail your comments (address below) or fax them to 1-202-208-
 6956 or to the FWS Endangered Species Division at 1-703-358-1735.

 2)  Join the organizational sign-on letter below.  Send your name and
 your organization's name to  rfeather@albq.defenders.org.  We are
 extending the deadline for the sign-on letter to Thursday August 12th.

 3) Also sign the online petition found on the Endangered Species
 Campaign's website.  This petition will be submitted as part of the
 official record.
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 Points to Make When Submitting Critical Habitat Comments:

 *    Designation of critical habitat is absolutely essential to
 reversing the greatest threat to endangered and threatened species -
 the loss and degradation of habitat.

 *    The conservation benefits afforded species through the
 designation of critical habitat are substantial and in most cases
 greater than the benefits from listing alone.

 *    The designation of critical habitat is essential to the
 protection of unoccupied habitat, and is therefore vital to a species'
 recovery.

 *    The designation of critical habitat must be a map-based
 approach that provides for the identification and delineation of
 specific habitat areas - general habitat descriptions are inadequate.

 *    The FWS's abuse of the "not prudent" exception in avoiding the
 designation of critical habitat is +clearly inconsistent with the ESA
 and must end.

 CRITICAL HABITAT
 SIGN-ON LETTER

 Date

 Interior Secretary Bruce Babbitt
 Division of Endangered Species
 U.S. Fish and Wildlife Service
 1849 C Street, NW
 Mailstop ARLSQ-420
 Washington, D.C. 20240

 RE: CRITICAL HABITAT POLICY COMMENTS

 Dear Secretary Babbitt:

 We would like to thank you for publishing your request for comments
 regarding critical habitat. Critical habitat could be one of the most
 useful and powerful tools for achieving species recovery.
 Unfortunately, the U.S. Fish and Wildlife Service has not fully
 implemented this very important section of the Endangered Species Act
 (ESA).

 Before we address specific concerns with critical habitat, we would
 like to mention our displeasure with recent reports that you have
 twice attempted to undermine critical habitat by encouraging anti-
 environmental riders to must-pass appropriations bills.  First, you
 and Senator Pete Domenici (R-NM) worked to gut critical habitat with a
 rider on the Kosovo Appropriations bill.  Recently, we have heard that
 you have recommended that the Senate limit funding for critical habitat

 at just $1 million for the next fiscal year.  We find it inappropriate
 that this administration is working to weaken this nation's most
 important wildlife conservation law.  Instead, the administration
 should be working to increase funding for endangered and threatened
 species and should recognize the importance of critical habitat for the

 protection and ultimate recovery of species.

 Under the Endangered Species Act, critical habitat is considered
 "essential to the conservation of the species" and required for all
 listed endangered and threatened species.  However, there seems to be a

 FWS policy of continually dodging critical habitat designation unless
 compelled under court order.  And the agency continues to abuse the
 "not prudent" loophole.  As you are aware, less than 10% of the 1,200
 species listed have critical habitats designated. And in the last three

 years the FWS has invoked the "not prudent" rule in 228 out of 256
 decisions.  This is a blatant and gross effort on behalf of the FWS to
 avoid listing critical habitat.   The agency should work to designate
 critical habitat for almost 90% of the listed species that do not have
 critical habitat and should stop abusing the "not prudent" loophole.

 Critical habitat is crucial to the survival of species because it
 helps landowners and government entities know which areas are important

 for species; contrary to popular belief, not all landowners are of the
 "shoot, shovel and shut up" persuasion -- many want to know what they
 can do to help. The FWS should not be afraid to draw lines on a map, no

 matter how politically difficult.

 The designation of critical habitat is essential to the protection of
 unoccupied habitat, and is therefore vital to a species' recovery.
 Despite the agency's arguments that critical habitat does not offer
 additional protections, there are several cases where it clearly has.
 In 1995, the U.S. Forest Service approved plans for a cyanide leach-
 heap mine to be built in the Panther Creek Watershed of Idaho, where
 chinook salmon once spawned.  Environmentalist  challenged the mine
 because it would degrade the fish's habitat, even though none were
 currently present.  The courts agreed and ordered the USFS to
 reevaluate the permit.

 We urge the agency to set up a schedule and priority system, based on
 biology and threats, to properly process the huge backlog (more than
 1,000 species) of critical habitat designations. The timetable should
 be based on biology and threats to ensure the most needy species are
 addressed first.  And the agency should work to ensure it receives
 enough money in the yearly appropriations process to make these goals a

 reality.

 Critical habitat is also important because federal agencies must
 avoid "adversely modifying or destroying" critical habitat; this
 means consulting with the biologists at the Fish and Wildlife Service
 to make sure that federal roads, timber sales, mines, dams and other
 actions avoid negative impacts on the habitat that might hurt a
 species' chances for recovery. You must start enforcing this important
 section of the ESA.  The first step is revoking the Reagan
 administration's 1986 regulations weakening critical habitat
 protection.

 The FWS should invoke critical habitat protections when reviewing
 development permits, or Habitat Conservation Plans (HCPs). Without
 critical habitat, how can we know if an HCP will prevent recovery
 later on? More than 80% of listed species occur on private or state-
 owned lands, and within the next few years FWS expects to include
 more than 27 million acres of non-federal habitat in more than 300
 HCPs. The specious "No Surprises" policy locks in questionable
 management regimes for the next 30, 50, or even 100 years, and Fish
 and Wildlife has ignored perhaps the most valuable tool for insuring
 that HCPs do not prevent recovery and protect ecosystems as well as
 individual species.

 We appreciate the opportunity to make suggestions about this very
 important policy. We look forward to your response.

 Sincerely,

 Roger Featherstone
 GREEN

 and your organization....

 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 GrassRoots Environmental Effectiveness Network (GREEN)

 Director's office:  PO Box 40046, Albuquerque, NM 87196-0046
   (505) 255-5966  fax: (505) 255-5953  rfeather@defenders.org

 DC Office:  1101 14th St., NW, Suite 1400, Washington,  DC  20005
   (202) 682-9400  fax: (202) 682-1331
   ewingerter@defenders.org, elytwak@defenders.org

 Visit our web site at:  http://www.defenders.org/grnhome.html
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~





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