Endangered Inside this Issue

earth l Long Way Home The jaguar—despite a wild Unsafe Harbor population just 130 miles south of Arizona’s border with Court blocks Shell Oil plan to drill in Mexico—faces a much longer road back to the U.S. ...page 2 Beaufort Sea offshore of Arctic Refuge he Beaufort Sea off the north temporary reprieve Aug. 15, when l Program News coast of Alaska is a seasonally the Ninth Circuit Court of Appeals Penguins march toward Tfrozen home to threatened and issued an injunction blocking Shell’s protection, we say no to endangered animals such as bowhead dangerous designs. snagging sea turtles, beach whales, polar bears, and spectacled The rapidly shrinking sea ice in mice trump Gulf Coast resorts eiders. Unfortunately, it is also severely the Beaufort Sea threatens to drive again, and more. ...page 4 threatened by the intertwined forces polar bears to extinction by mid- of global warming and oil development— century or sooner. If the species is to most recently, by Shell Oil’s plans to have any hope of survival, we must not l D.C. Update: Inside the Beltway drill exploratory wells in waters only drastically reduce greenhouse gas Every dodo gets its day in just offshore of the Arctic National emissions to slow the warming of the an administration hostile to Wildlife Refuge. Arctic, but also protect the bear’s critical science and endangered But thanks to the efforts of the habitat from industrial developments. species. ...page 7 Center and our allies, the Beaufort Shell’s exploration plan—recently Sea and its imperiled denizens won a approved by the Bush administration— l In Remembrance Two longtime supporters leave lasting legacies to plants and wildlife. ...page 10

would do just the opposite, presenting a double-barreled threat to the species. First, oil drilling and associated activities would directly disturb denning mother bears and their cubs and bring a risk of catastrophic oil spills. Compounding that harm, any oil extracted would eventually be burned, resulting in more atmosphere-polluting greenhouse gases and further fueling Arctic warming and concomitant sea-ice loss. The federal Minerals Management Service recently Photo (c) Thomas D. Mangelsen/Imagesofnaturestock.com approved Shell’s drilling plan, With NASA satellite data showing record ice melt in the Arctic for the summer of granting a permit for exploration 2007, the polar bear’s survival appears to be on thinner ice than ever. Yet the Bush over the objections of its own administration continues to collude with oil companies to open the bear’s fragile scientists, the Center, and a coalition habitat to more drilling, even as it continues to duck responsibility for reducing U.S. of conservation and Alaska native greenhouse gas emissions. Unsafe Harbor continued on back page

12 www.BiologicalDiversity.org FALL 2007 Center for Biological Diversity FALL 2007 1 Advocacy Spotlight Michael J. Robinson, Conservation Advocate Long Way Home The last decade has seen the return of the jaguar to southern Arizona and New Mexico—just a remote corner of its former U.S. homelands. But it’s a road fraught with obstacles: political obstacles, and now, a more insurmountable barrier.

he largest cat in North America as recently as 15,000 years ago. Texas prairies sported jaguar skin is back. Competition with wolves may have quivers, holster coverings, saddle cloths, T Four individual jaguars have contributed to its decline. and caparisons (ornamental coverings been confirmed in New Mexico When Europeans arrived in North for horses). In San Antonio, jaguar pelts and Arizona since 1996; numerous America, jaguars ranged from the cost $18 apiece. others have been reported. But as Atlantic to the Pacific oceans. They Still, according to America’s jaguars return to the Southwest were reported as far north as North foremost 19th-century scientist, the from Mexico, they still face the Carolina, the Texas government predator control that Panhandle, Colorado’s helped eliminate them in the 20th Rocky Mountains, century, and although some of the the Grand Canyon, elusive feline’s habitat has been and along Monterey improved through Center victories Bay, Calif.—in almost restricting livestock grazing, that every conceivable habitat is still under siege. ecosystem ranging Worst of all, a jaguar-proof from low desert to wall is being constructed along the high mountains and international border. Underlying from arid grasslands and perpetuating these woes like to piney woods—and a psychic wall, the government they ranged all agency that killed off jaguars the way south to suffers amnesia about their former similar climates and widespread presence in the United landforms in South States—and will not lift a finger to America. aid in recovery. By the early 1800s, jaguars had Extermination to the Edge of a been eliminated from Once-grand Range the southeastern The first written record of United States. In jaguars in the United States stems the Southwest, early from the 1540-1542 expedition Spanish authorities of conquistador Francisco Vásquez offered bounties for de Coronado, which encountered jaguars in order to “leopards” along the upper Gila protect livestock. River. Fossil remains from as far Jaguars were also afield as Washington, Nebraska, and widely hunted for Maryland indicate that the jaguar their striking pelage, developed from a larger evolutionary a pursuit aided by progenitor in North America, which horses introduced by colonized South America 600,000 the Spanish. In the years ago, shrunk in size, and lost 1840s and 1850s, its northernmost range—perhaps Comanches on the Photo by Robin Silver

2 Center for Biological Diversity FALL 2007 Smithsonian Institution’s Spencer F. expedition reported a large “tiger” in the western Mojave Desert. The state’s Baird—who accompanied an army 1853 on the Canadian River in the last reported jaguar was shot in 1860 border expedition—a “vast number” of Texas Panhandle west of Oklahoma; the outside Palm Springs after it attacked a jaguars subsisted on “numerous herds last jaguar on the Great Plains in Texas Native American who was hunting with a of wild cattle, mustang, mules, and was killed in 1910, and the last on the deer-head disguise. horses, besides plentiful other game in Great Plains of northern New Mexico Whereas habitat loss, bounties, and the fertile valleys and tablelands of the was killed “some years” prior fur hunting eliminated jaguars from the Lower Rio Bravo, Nueces, and other to 1938, when its skin was on display. Southeast, Texas, and California, jaguar Texan rivers.” Naturalist John James In the Rocky Mountains, at the immigration from Mexico replenished Audubon reported that Texas rangers headwaters of the South Platte River, a the big cats’ numbers in Arizona and happened upon a jaguar feeding on a mountain man reported a “leopard” in New Mexico. mustang, “surrounded by eight or ten 1843. John James Audubon reported But in 1915, a systematic federal hungry wolves, which dared not interfere jaguars at the headwaters of the Rio predator extermination program was or approach too near.” Grande River as well. initiated, targeting jaguars as a matter of But the last two jaguars in southern In California in 1855, two jaguar policy and also killing them incidentally Texas were killed on the Gulf Coast cubs were observed with their parents in 1946 and 1948. Another army in the Tehachapi Mountains overlooking Jaguar continued on page 8 Photos courtesy of Landon Lockett

Sign of the Times: Historic newspaper clippings like these heralded hard times ahead for jaguars on the northern side of the U.S.-Mexico border. The shot "beast" in the 1948 clipping (left) was one of the last few remaining wild jaguars in southern Texas.

10 Center for Biological Diversity FALL 2007 Center for Biological Diversity FALL 2007 3 P rogram News......

Ten penguin species could be unable to build as 80 degrees Fahrenheit. as a result of drowning march toward protection shells, dramatically affecting Global warming’s relentless in longline and gillnet responding to Center all of the area’s species. rise in temperatures fishing equipment targeting actions, the U.S. Fish and The Center authored the threatens pikas by swordfish and tuna. Wildlife Service advanced November 2006 petition shortening available food- In 2006, the Bush the emperor penguin and to place the penguins on gathering time, affecting administration proposed to nine other penguin species the federal endangered plant variety, reducing issue a permit allowing toward federal Endangered species list, an action the insulating snowpack, and drift-gillnet vessels to Species Act protection this Service said in July “may most directly, killing pikas fish for swordfish in July. The primary threats to be warranted.” through overheating. the leatherback feeding penguins are global warming, Great Basin and area off California, an industrial fisheries, and Petitions seek protection Yosemite National Park area previously closed ocean acidification. for warming-threatened researchers have found to gillnetting as a result that the pika’s range is of Center litigation. New American pika already retreating upslope Center opposition caused on Oct. 1, the Center as temperatures warm, and the government to delay petitioned the U.S. Fish more than a third of pika the gillnet permit in 2006 and Wildlife Service to populations in the Great and finally abandon it in protect the American Basin mountains have June 2007. pika—a heat-sensitive gone extinct. But less than a week alpine mammal—under

B ob Fleming our federal petition after withdrawing the gillnet the federal Endangered requests protection for the permit, the administration Species Act. This action

Photo by pika in the lower 48 states proposed allowing longline comes less than two months African penguin from global warming and fishing for swordfish in after we petitioned to list The Pointe Geologie other threats, which also the same leatherback the pika under California’s would provide impetus feeding area. In response, emperor penguin colony Endangered Species Act— has declined by more for a reduction in U.S. the Center requested that the first-ever petition to list greenhouse gas emissions. the California Coastal than 50 percent due a species in that state due to global warming, and The California petition Commission review the to global warming. requests state protection for newly proposed permit for continued warming over The small, rabbit-related the coming decades will California’s five American consistency with the state’s pika, found in windswept pika subspecies. coastal act. In August, dramatically affect penguins mountain peaks in the in Antarctica, the sub- the Commission voted western United States, is unanimously to reject the Antarctic islands, the known for its distinctive Turtle-killing fisheries Southern Ocean, and blocked in California longline permit, maintaining call and frenetic activity California waters as a true nearby ecosystems. collecting plants for winter waters Industrial fisheries hurt leatherback sanctuary. sustenance. Adapted for This summer saw two The largest of all penguins either directly— cold temperatures, pikas victories in the Center’s through killing by trawls, turtles—more than two avoid heat by seeking cool, continuing efforts to keep meters long and 2000 nets, and longlines—or rocky crevices and resting California’s ocean waters indirectly, through depleting pounds—the leatherback during warm periods; pikas free of deadly longline and has been around more or essential prey species such can die from overheating gillnet fishing gear. as anchovy and krill. Finally, less unchanged for tens of when exposed for just a few The leatherback sea millions of years. It swam oceans have absorbed about hours to temperatures as low turtle, one of the most 50 percent of human- the Jurassic oceans along endangered marine animals with plesiosaurs and lived caused carbon dioxide on the planet, each year emissions, decreasing the through the asteroid that makes its way across killed off the dinosaurs. amount of carbonate ions the Pacific from nesting available for shell-building But unless we permanently beaches in Indonesia to ban longline and gillnet organisms at the base of the feed in the jellyfish-rich food chain. fishing throughout the waters off California. The Pacific, the leatherback If current emissions species has declined in continue, in 50 years some is unlikely to survive our Photo by Michael Mengak recent decades by more appetite for swordfish. Southern Ocean plankton American pika than 90 percent, primarily

4 Center for Biological Diversity FALL 2007 ...... Suit challenges 46 for Grand Canyon condors; While the population pesticides in Bay at least 12 Arizona of Mexican gray wolves Area habitat condors have died of lead reintroduced to Arizona poisoning, and increasing and New Mexico in 1998 In May, the Center numbers must periodically was supposed to reach filed suit against the

Gary A. Bee man receive emergency more than 100 wolves— Environmental Protection treatment for lead including 18 breeding Agency for registering and Photo by poisoning to save their pairs—by December 2006, allowing use of 46 toxic Alameda whipsnake lives. In 2006, 95 percent predator control resulted pesticides in habitats for The Center is seeking of all Arizona condors in survival of only 59 11 San Francisco Bay pesticide-use restrictions had lead exposure and wolves and six breeding Area endangered species in Bay Area endangered 70 percent had elevated pairs by that date. So without determining the species’ habitat until the lead blood levels requiring far, the government has chemicals’ effects on completion of chemical- emergency treatment. shot 11 wolves, killed the species. impact assessments, which Condor experts have 20 inadvertently through The Environmental should result in permanent concluded that as long as capture, consigned 23 to Protection Act requires protections from harmful lead ammunition is used in life imprisonment, and the agency to consult pesticides. Through an condor range, recovery of trapped, moved, stressed, with the U.S. Fish and October 2006 settlement the species is unlikely. and injured others. Wildlife Service on such agreement, we have The Arizona Fish effects before registering already been successful in and Game Commission pesticides, but such obtaining such restrictions is required under the consultations have on the use of 66 toxic Endangered Species Act to consistently failed to pesticides in and adjacent prevent avoidable death, happen under the Bush to core habitats and injury, or harm to condors administration. the critical habitat of from lead poisoning, and it From 1999 to 2005,

California red-legged frogs. has the authority to do so courtesy of Arizona Game & Fish at least 61 million pounds through revising hunting of pesticides were applied Photo regulations. Non-lead in Bay Area counties. No-lead campaign Mexican gray wolf ammunition is safe and Rodenticides in the for condors comes reliable, and its enforced In 2004, the Center East Bay have poisoned to Arizona use would not restrict petitioned the U.S. Fish endangered San Joaquin This July, the Center hunting. and Wildlife Service to kit foxes, and toxic pulses and its partners requested In California, a bill enact recommendations of of pesticides documented that the Arizona Game to require non-lead a 2001 scientific review in Bay Area aquatic habitat and Fish Commission ammunition in condor of the reintroduction have been implicated in amend hunting regulations range by 2008 has already program, which urged the recent collapse of to require use of non- been passed by the state’s reforms to prevent wolves Delta-Bay fishes such as lead ammunition, since assembly and senate, and from scavenging non- the critically endangered lead bullets contaminate was awaiting governor wolf-killed horse and Delta smelt. carcasses scavenged by approval at press time. cattle carcasses—thus In addition, critically endangered becoming habituated to numerous studies have California condors. livestock—and to allow linked pesticides with Despite two years of Persistence pays in fight wolves to roam outside significant neurological, well-received voluntary for wolf program reform arbitrary boundaries. Since developmental, and lead-reduction outreach led The Center achieved two the Service ignored our reproductive damage by the Arizona Game and milestones for endangered petition, we filed suit in in amphibians like the Fish Department, condor Mexican gray wolves this December 2006. California tiger salamander. lead-poisoning incidents summer, driving forward In 2005, the Service Among other species of have risen dramatically the essential revisions to and five other agencies concern in the current past two years. the rule governing wolf imposed an arbitrary lawsuit are the tidewater Since the southwestern management and working Mexican wolf predator- goby, California clapper condor reintroduction with New Mexico governor control protocol that rail, Alameda whipsnake, program began in 1996, Bill Richardson to rein targets wolves regardless and valley elderberry lead poisoning has been in federal wolf shooting of unique genetics, longhorn beetle. the leading cause of death and trapping.

8 Center for Biological Diversity FALL 2007 Center for Biological Diversity FALL 2007 5 Program News...... dependent pups, or any loss of once-extensive and forked tree tops, In a May victory, in other factor. The Center led mature and old-growth witches’ brooms and large, response to a separate suit efforts to ply officials with forests in the Tillamook, wide branches. Thus, they by the Center and allies, citizen-written and scientific as well as loss or decline are excellent indicators of a federal judge imposed remonstrations against this of many old-forest old forest habitats depended a preliminary injunction protocol, and also publicized associated species. upon by hundreds of against two massive resort abuses—including the To assess the full range species. projects that would have government’s shooting of of species at risk from recent surveys failed to destroyed 40 acres of beach a genetically irreplaceable logging, urbanization, locate dusky tree voles in mouse habitat on Baldwin wolf. In July 2007, Governor pollution, and other causes places where they were once County’s Fort Morgan Richardson called for in the Tillamook and North common, suggesting the peninsula, including rare, immediately suspending the Coast, we reviewed dozens species is in critical need higher-elevation habitat protocol, and as a result, of studies along with of protection. the species needs in order the New Mexico Department state, federal and private to survive hurricanes. The of Game and Fish is working databases concerning the same projects were halted towards its suspension. status of, and threats to, in 2002 by the Mobile This August, the Center’s species in these areas. federal court, based on lawsuit finally induced our review found that the Service’s failure to the Service to publish a 34 percent of the region’s analyze impacts to the schedule for changing species are critically beach mouse. the overarching rule for imperiled, 37 percent are By spreading sea oats Mexican wolf management. imperiled, and 29 percent as they scurry, Alabama We are now organizing for are vulnerable. We also beach mice play an attendance at November identified eight species important role in

and December public now gone from the region: courtesy Dept. and of of Game Washington Fish maintaining sand dunes scoping meetings in Arizona the grizzly bear, California that form the first line of Photo and New Mexico to ensure condor, Columbian white- Pacific fisher defense against storm the long-term recovery of tailed deer, gray wolf, surge. But Fort Morgan the Mexican wolf. Pacific fisher, sea otter, Peninsula and parts of sandbar darkling beetle, Court nixes resorts in nearby Gulf State Park Report release and vole and small spikebrush. To beach mouse habitat, for now contain the rodent’s petition launch effort for stem further losses and second time last, shrinking habitat. help remaining plants and In February, the U.S. Conservationists argue Oregon species animals once again thrive, Fish and Wildlife Service that the beach mouse’s In June, the Center the Center’s report includes responded to a 2003 lawsuit decline indicates impending jointly released a report 10 recommendations from the Center and Sierra ecological disaster on identifying all species for protecting and restoring Club by expanding critical one of the Alabama of concern in northwest habitat, including habitat protections for the coast’s last remaining Oregon’s Tillamook adding a number of the three-inch Alabama beach undeveloped beaches. Rainforest and North Coast, region’s species to the mouse to include 1,211 and in coalition, filed a federal threatened and Gulf Shore acres. petition to protect the endangered lists. While the new area dusky tree vole under the The dusky tree vole, a includes only about 200 Endangered Species Act. subspecies of red tree vole acres more than those The Tillamook Rainforest found only in Tillamook designated when the mouse and North Coast contain forests, is the first for was added to the federal a diversity of habitats, which the Center and other endangered species list in including rainforests, marine groups have petitioned for 1985, it is a meaningful environments, estuaries, Endangered Species Act improvement because it coastal headlands, and protection. Tree voles live excludes regions where rivers and streams. A nearly their entire lives in habitat conservation plans combination of sweeping trees and are dependent on already exist. Unfortunately, fires in the 1930s and forest structures associated it also excludes large areas clearcut logging have with older, unmanaged slated for development resulted in the near-total forests, including broken detrimental to the mouse.

6 Center for Biological Diversity FALL 2007 D.C. UPDATE: PROTECTING NATURE INSIDE THE BELTWAY Center to Administration: Don’t be a Dodo apping off a busy summer in Center initially broke the media story about On Capitol Hill, we continue to press Washington, D.C., the Center personally MacDonald’s shenanigans in late 2006, committee leaders to fully investigate the Cawarded Bush’s Interior Secretary, following up this August with the biggest Bush administration’s illegal behavior in former Idaho Senator Dirk Kempthorne, with “notice of intent to sue” letter in the history administering environmental laws. Supplied the first annual Rubber Dodo Award for his of the Endangered Species Act. This letter with information generated by Center department’s abject failure to list a single identified 55 species and 8.7 million acres of staff, House Natural Resource Committee species under the Endangered Species Act for wildlife habitat that have been compromised Chairman Nick Rahall, D-W.Va., confronted over 15 months. This intransigence wears on not only by MacDonald’s conspiratorial the administration about political interference despite the approximately 275 “candidate” lawlessness, but also by other high-ranking in the Klamath River and other ecosystems species that agency biologists have dubbed officials at Interior, as well as by Bush where Republican financial contributors worthy of listing, and breaks the non-listing appointees at the Office of Management and receive special political favors. The Center record established by Ronald Reagan’s Budget, the Department of Commerce, and also sent a letter to Senate leaders regarding infamous Interior Secretary James Watt in even the White House. hundreds of millions of dollars funneled to the ’80s. U.S. timber interests as part of the Canadian our hope is that this trophy award—with Softwood Lumber Trade Agreement, which the loveable, gawky, but very extinct bird was meant to stop the liquidation of Canadian atop—will resonate with the American forests by creating transboundary conservation public, spotlighting those members of our networks—but which instead became another own species who better deserve the moniker industry give-away by Bush’s trade office. At of “dodo.” (The original dodo bird, Raphus issue are species such as the grizzly bear, cucullatus, was driven to extinction by lynx, and bull trout. human killings on the island of Mauritius in Perhaps the biggest dodo move by the the 17th century.) administration is its continued foot-dragging Currently, the Center has an active on global warming, which will soon eclipse lawsuit in federal district court challenging all other forms of habitat destruction. With the efficacy of the existing program to deal reports from the U.S. Geological Service with candidate species—those species that climate change is melting polar ice at that the government’s scientists find merit alarming rates, the House Science Committee protection under the Endangered Species is investigating Interior Department Act, but which the administration claims it suppression of scientific evidence linking cannot list as threatened or endangered due greenhouse gas emissions with precipitous to higher priorities. That claim rings hollow, polar bear declines. The Center’s campaign given the Interior Department’s zero-listing Among the many legal violations cited for the polar bear, including our 2005 lawsuit streak since Kempthorne took the helm; it’s by the notice of intent is the administration’s with NRDC and Greenpeace, has created the anyone’s guess what “higher priority” actions consistent disregard of the environmental, political leverage to force a final decision the agency has taken during his tenure. economic, and social benefits of conserving on the bears’ listing as a threatened or We are also working with the Senate “critical habitat” for endangered species endangered species under the Endangered Appropriations Committee, including Interior as required by the Act. Time and again, Species Act in early 2008. In addition, our Subcommittee Chairwoman Dianne Feinstein, the administration has arbitrarily inflated legal actions have brought about a binding D-Calif., to remedy chronic underfunding and supposed economic costs of protecting habitat commitment by the National Marine Fisheries waste in the agency’s Endangered Species Act while ignoring expert evidence of the many Service to designate critical habitat for listing and critical habitat programs, and to benefits: clean water, productive soil, lower elkhorn and staghorn corals off the coast of pressure the administration to act positively transportation costs, sprawl prevention, eco- Florida and in the Caribbean; both species are when Congress takes action on the Interior tourism, recreation opportunities, and global heavily impacted by global warming. spending bill this autumn. We also helped warming amelioration. The administration has As the administration unconscionably Rep. Ed Markey, D-Mass., on the bill HR also illegally tried to substitute incomplete or dawdles on international greenhouse gas 3459, titled “Transparent Reporting under unenforceable “habitat conservation plans” negotiations, the Center has joined other the ESA Listing Act,” introduced in the House permitting new development in place of the groups in a campaign for Senate ratification of Representatives just before the August more science-based, legally binding protection of the Convention on Biological Diversity, congressional recess. of designated critical habitat. which would also help combat global Besides Kempthorne, another Interior As a result of our historic notice of intent, warming. The Convention passed a 17-3 vote Department official deserving of dodo-dom is the Interior Solicitor’s office has contacted in the Senate Foreign Relations Committee Julie MacDonald, who was forced to resign in Center lawyers in an attempt to avoid further over a decade ago before being blocked by late spring as a result of an Interior Inspector public embarrassment over the administration’s former dodo Senator Jesse Helms, R-N.C. General report linking her to numerous illegal abysmal record in court. Nonetheless, we Thus far, Bush has emulated Helms’ behavior agency decisions under the Endangered continue to plan the litigation needed to on this and related international accords. Species Act and other natural resource ensure that the agency takes concrete laws, including potential criminal violation conservation action for the plants and animals Update by William J. Snape, III, Center Senior of financial conflict-of-interest rules. The it has willfully neglected to protect. Counsel, Washington, D.C.

6 Center for Biological Diversity FALL 2007 Center for Biological Diversity FALL 2007 7 Jaguar continued from page 3

through poison set for coyotes. The U.S. Bureau of Biological Survey killed its first jaguar in December 1918 in the Santa Rita Mountains south of Tucson, Ariz. Its successor agency, the U.S. Fish and Wildlife Service, killed the last confirmed female jaguar in the United States in 1963 at 9,100 feet elevation in the Apache National Forest of Arizona (where the same agency has since reintroduced—and persecuted— Mexican wolves).

A 200-pound “Oversight” with Rosettes Having played a significant role in exterminating the jaguar in the United States through its traps, poisons, and hunting hounds, in 1972 the Fish and Wildlife Service listed the jaguar as an endangered species throughout its range outside of the United States, under the authority of the Endangered Species Conservation Act of 1969. Maps by Curtis Bradley However, the agency continued many abuses of the agency’s discretion was not listed as an endangered species to issue “hardship permits” to safari that came to light in congressional in the United States when the list of companies that had contracted with hearings and led to passage of the modern foreign endangered species authorized hunters previous to the listing—thus Endangered Species Act in 1973. under the 1969 law was used as a allowing the continued importation of In 1979, the Fish and Wildlife template to create the list authorized in jaguar pelts into the United States from Service stated in the Federal Register the 1973 act. The agency pledged to populations to the south. This was one of that through an “oversight,” the jaguar “take action as quickly as possible” to list the jaguar domestically—but it failed to follow through. In the meantime, in 1986, a jaguar that had been living for at least a year in the Chiricahua Mountains of southern Arizona was run down by two packs of hounds for three days, until brought to bay on a rock outpost and shot by a rancher. The killing wasn’t even a violation of the Endangered Species Act, since to receive protection a species has to be on the official list. In 1992, biologist Dr. Anthony Povilitis submitted a petition to the Fish and Wildlife Service to add the jaguar to the federal list of endangered species, but it was ignored. In 1996, the Center for Biological Diversity sued the Service in federal court to require it to consider the petition on its merits. The suit was successful and led to the jaguar officially becoming an endangered species in the United States on July 22, 1997.

8 Center for Biological Diversity FALL 2007 Conservation Team a Half-hearted Gesture In an unsuccessful attempt to preempt and prevent the imminent listing of the jaguar, federal, state, and local government agencies in Arizona and New Mexico created a Jaguar Conservation Team and promised to “coordinate protection of jaguar habitat” and to “maintain and promote existing and other suitable jaguar habitats.” After the listing, the Center participated on the team’s habitat subcommittee, blocked attempts to confine official jaguar habitat to politically convenient areas, and mapped areas in New Mexico and Arizona that qualified as potential jaguar habitat according to the subcommittee’s P hoto courtesy of Northern Jaguar Project A jaguar photographed by motion-trigger camera on the Northern Jaguar Reserve scientist-backed criteria (see map, in northern Mexico, about 125 miles south of the U.S.-Mexico border. Motion- facing page). Yet in over 10 years, the triggered cameras north of the border have documented jaguars in Arizona in team’s coordination has not resulted in recent years. The proposed border wall threatens to dash all hopes that jaguars will the protection of a single acre of jaguar continue to migrate from Mexico back to their former U.S. territory. habitat. Now, a new draft of the team’s operating charter omits the inconvenient Conservation Team has neither opposed permitting potentially destructive pledge to protect habitat. nor spoken out against the wall, and activities in protected areas. Recovery The Fish and Wildlife Service refuses the Fish and Wildlife Service has given plans are the road maps to a U-turn to convene a recovery team to develop a it an official blessing in the form of a from the brink of extinction and to the recovery plan and refuses to designate “no-jeopardy” biological opinion— high ground of recovery where a species critical habitat, both required by the a green-light determination, as the is likely to thrive and persist as part of Endangered Species Act. The jaguar is name suggests, that the wall will not its ecosystem. An honest recovery plan the first listed species that the Service harm jaguars. would help persuade decision-makers not has explicitly decided never to recover, On June 10, 2007, the American to build the border wall. contrary to the law. The Service has Society of Mammalogists passed a Jaguars are all but invisible, cryptic even issued a permit to its sister agency, resolution calling for critical habitat and camouflaged in a few southwestern USDA Wildlife Services, authorizing the designation, development of a jaguar mountain ranges. Even many who inadvertent injury or killing of jaguars recovery plan, and allowing jaguars celebrate jaguars’ presence north of through predator control. to cross the border unimpeded. The the international border forget their mammalogists’ resolution noted that evolutionary genesis in much broader Border Wall Means Barrier to Recovery “habitats for jaguars in the United landscapes throughout North America. Now comes a wall on the U.S.- States, including Arizona and New Labeled an official “oversight” from Mexico border, exempted by Congress Mexico, are vital to the long-term 1973 to 1997, today their absence from compliance with all environmental resilience and survival of the species, from public lands and open spaces is laws, with construction starting on a especially in response to ongoing considered the norm. The Center aims seven-mile stretch not far from the area climate change.” to help keep these big spotted cats in Arizona where a jaguar is known to On Aug. 2, 2007, the Center hidden and safe, but no longer have roamed regularly for at least 10 filed suit against the Fish and Wildlife anonymous and rare. years (based on photos that identify the Service to require designation of critical Michael J. Robinson, unique pattern of his rosettes). As the habitat and development of a jaguar Conservation Advocate for the Center wall extends further, jaguar migration into recovery plan. Critical habitat comprises for Biological Diversity, is author the United States from the northernmost the areas required for recovery of an of Predatory Bureaucracy: The remaining jaguar breeding population in endangered species; federal agencies Extermination of Wolves and the Mexico—130 miles south of the border— are forbidden from adversely modifying Transformation of the West (University will increasingly be cut off. The Jaguar critical habitat, either directly or through Press of Colorado, 2005).

4 Center for Biological Diversity FALL 2007 Center for Biological Diversity FALL 2007 9 In Remembrance ...... In 1995, the Woottens founded T&E, Tom Wootten Inc. (The name plays on both Tom’s and Eleanor’s initials and “threatened and om Wootten died Aug. 7, 2007, endangered” species.) “Tom and Eleanor while on a morning walk near wanted to facilitate science’s application his home in Gila, N.M. A strong T to land management, and put their advocate for conservation and one of financial support into a foundation to the first and most loyal supporters of help students, particularly, tackle projects the Center for Biological Diversity, Tom that could help,” says friend Laura will be missed by all who knew his Huenneke. “Scores of graduate students kind nature and his unrelenting work to have completed the kinds of projects that protect rare plants, native ecosystems, Tom and Eleanor wanted to facilitate, and science-based management of and fed that information back to the land public lands. management agency, thanks to T&E.” Center founder and Policy Director “T&E took a form dictated somewhat Kierán Suckling spoke at Tom’s service. by microbiologists,” says Eleanor. “Tom “Just weeks ago, at a reception after realized that biology departments were a Center board meeting, I found Tom leaning more toward microbiology and and my young daughter Nola deep in farther from field studies that are needed conversation,” Kierán remembered. for environmental issues to provide “What was he explaining? How cattle concrete proof of what is happening on destroy ecosystems!” the ground. Tom asked NMSU’s biology Tom knew firsthand about grazing— department if small grants would be useful he grew up on a ranch in Clayton, to students. There was a little interest!” N.M. He attended New Mexico State retired professor Richard Spellenberg University (NMSU), where he met and remembers not only how much the married Eleanor. After army service, he department’s graduate students and rose quickly in the investment division faculty appreciated the invaluable support of First National Bank of Kansas City. In from Tom and Eleanor, but also how much 1975, he returned with his wife to their Tom appreciated seeing that support at beloved Southwest to study horticulture work. “Tom went with us on field trips at NMSU, starting a native plant nursery barbs about the list of New Mexico once or twice—once into Mexico—and years ahead of its time. He also studied endangered plants. The next time we was incredibly enthusiastic about learning the bagpipes. met, Tom bought me a beer and we talked how we study plant diversity and the Tom was actively involved with local about botany and conservation. . . . identification of the plants themselves.” Audubon Society and Native Plant Society “[E]ver since then, I could count Tom’s devotion to nature was efforts and served on the boards of New Tom as a dear friend who supported celebrated in 2000, when he and Eleanor Mexico Nature Conservancy and New almost everything I did—along with a received the National Audubon Society’s Mexico Wilderness Alliance. Colleague gentle nudge to do a little more,” says Charlie Callison Award—the organization’s Bob Tafanelli recounts how Tom’s Sivinski. “Tom's support was the best. highest honor bestowed on members or “hundreds, maybe thousands” of letters He was eloquent about his convictions, staff—for their efforts on behalf of birds as well as phone calls and personal office very knowledgeable of the facts, and he and other wildlife. visits over 20 years made him a familiar invited everyone to share his convictions In addition to Eleanor, his wife of face within conservation and agency to be better people and stewards of the 46 years, Tom is survived by their four circles: “He was on a first-name basis land. His approach was hard to ignore.” children and nine grandchildren, and by with many people in the local, [state Audubon volunteer Tom Jervis also siblings Bill Wootten and Janice Bond. and] district offices of the Forest Service, remembers him fondly: “Tom was always “I think his greatest legacy is simply Bureau of Land Management, and Fish excited about recognizing those unsung the kind of person he was and how he and Wildlife Service as he paid them heroes in the land-management agencies treated people,” says friend Julie Prior- many a visit.” who—against many odds—did the right Magee. “Sometimes it’s not what you do, “[W]hen I was a green and arrogant thing for the biodiversity.” Jervis credits but the way that you do it.” bureaucrat and did not know him very Tom for the New Mexico Audubon To learn more about the projects of well,” recalls Bob Sivinski, New Mexico Council’s creation of the Aldo Leopold T&E, Inc., visit www.tandeinc.com. Forest Division’s land conservation Award recognizing consistent conservation manager, “Tom and I publicly traded work over time.

10 Center for Biological Diversity FALL 2007 Endangered earth Endangered Earth is the quarterly newsletter of the ...... Center for Biological Diversity, a 501(c)3 nonprofit organization dedicated to protecting endangered species Clara Valley chapter of the California and wild places through science, advocacy, education Natalie Ames Hopkins Native Plant Society, became its second and environmental law. president, and served as a director of the Contributions are tax-deductible. ongtime Center for Biological state organization for three years. She Bo a r d o f Di r e c t o r s Diversity supporter Natalie Hopkins also served as curator of the herbarium Dr. Robin Silver, Board Chair died April 15, 2007, following a Marcey Olajos, Vice Chair L until her retirement in 2000. brief illness. Kierán Suckling, Secretary Upon her husband’s death, Nat Dan Coleman, Treasurer moved to Pacific Grove, Calif., Peter Galvin where she hiked, birded, and Katherine A. Meyer Todd Schulke traveled with friends—including a 2006 return trip, with family Ex e c u t i v e Di r e c t o r in tow, to the Galapagos Islands. Michael Finkelstein As a docent at Point Lobos State Ed i t o r Reserve, she helped re-establish Julie Miller, its herbarium and native Publications Director plants collection. Nat’s estate includes a As s i s t a n t Ed i t o r generous donation to the Center’s Anna Mirocha Native Plant Conservation Co n t r i b u t o r s Campaign, to be used for Brendan Cummings, Kevin Dahl, Keri Dixon, the continuation of its strong Noah Greenwald, Anna Mirocha, Michael advocacy for native plant species. Robinson, Kassie Siegel, Bill Snape Natalie in the Galapagos Islands with her son, Tom, and Her love and concern for native De s i g n friends, 2006. plants, so much a part of her life, aire design company continues because of her Nat, as she preferred to be called, To become a member or give a gift thoughtful planning. was born May 10, 1919, in Wellesley, membership, contact Keri Dixon at kdixon@ biologicaldiversity.org or 520.623.5252 ext. Mass. She graduated from Oberlin 312, or send a check or credit card number and College, and soon after married Mark If you would like to leave expiration date to CBD, Membership, P.O. Box 710, Tucson, AZ, 85702-0710. Forrest Hopkins. Following Mark’s service a legacy for conservation by in Europe in World War II, the two settled Or visit the “join us” page on our secure in San Jose, Calif. There, Mark entered making a gift to the Center for server: www.biologicaldiversity.org the insurance business while Nat devoted Biological Diversity, please On occasion, we trade our mailing list with organizations herself to raising their two children— that share our mission. If you would prefer that your Marcia and Thomas—and to volunteer call Kevin Dahl on our name not be exchanged, please contact us. social work with at-risk youth. membership staff at During family vacations in California's Center for Biological Diversity coastal mountains, on its wild seashores, 520.396.1126. Because life is good. and in the Sierra Nevada, Nat developed a deep love for nature and a special fascination for plant life. Her thirst for knowledge about the natural world led her beyond numerous college extension Matching Challenge Grant Deadline Dec. 31— courses to a bachelor’s degree in botany Help Us Take Back the Act! and a master’s in biology at San José State University. The Canadian Journal The lame ducks in the Bush administration are doing all they can to butcher of Botany published her master's thesis, the Endangered Species Act before they leave power. A weaker Act will open a pioneering study of mycorrihizae in the door for increased oil and gas drilling, mining, and more development in a plantain native to central California’s sensitive habitat. We can’t let that happen. Please help the Center for Biological Santa Cruz Mountains. Diversity Take Back the Act. It’s so important, you’ll be hearing from us by mail, Nat volunteered at the university’s e-mail or phone with an invitation to lend your support. But you don’t need to Sharsmith Herbarium, where she led wait for the letter or call. To make a gift by phone, call our membership team in efforts to digitally catalog its 15,000 Tucson toll-free at 1.866.357.3349. Make your gift by December 31, and it will plant-specimen sheets for Internet public be matched dollar-for-dollar! access. She helped start the Santa Photo by Robin Silver

2 Center for Biological Diversity FALL 2007 www.BiologicalDiversity.org Fall 2007 11 Nonprofit Org US POSTAGE PAID TUCSON AZ Permit No 1308

Unsafe Harbor continued from front page groups, who all argued that the plan was The administration could not have oil and signing a death warrant for approved with inadequate environmental come up with a more efficient extinction the planet. review and that it placed polar bears and plan for the species. But the day the If polar bears and other imperiled bowhead whales at unnecessary risk. five-year offshore oil plan went into Arctic species—as well as our own Fortunately, the Ninth Circuit effect, the Center filed suit to overturn species—are to have a future, we agreed, and in response to a court it. This case, along with the Center’s must immediately cease approving challenge filed by Earthjustice on behalf challenge to Shell’s exploration plan new fossil fuel projects and begin the of the Center and its allies, issued an and a case filed in February against difficult but necessary task of shifting injunction stopping Shell until the court regulations that give the oil industry a to a carbon-free economy. The polar can carry out a more thorough review. blank check to harass polar bears, is one bear—and the world—cannot wait. Further arguments are scheduled for of three cases currently underway in our December, with resolution of the case campaign to directly protect polar bear •••••••••••••••••••••• expected in early 2008. habitat in Alaska from oil development. Cover article by Brendan Cummings, While the victory over Shell provides Given the Bush administration’s never- Oceans Program Director important short-term protections for the say-no relationship with the oil industry, polar bear, the species and its habitat it is certain that these cases will not be are far from secure. In June, the Bush the last we are forced to bring. administration approved a five-year plan Crucial as they are, lawsuits for offshore oil and gas development alone will not save the polar bear. In that would open up almost the entirety September 2007, Arctic sea ice reached of polar bear habitat in the Beaufort a new record minimum and government and Chukchi seas to oil and gas leasing. scientists predicted polar bears will Fossil fuels burned from oil and gas be extinct in Alaska by 2050. Yet our development approved under this plan government continues to approve new would produce 6 billion tons of carbon oil leases in Alaska and elsewhere, dioxide emissions. furthering our national addiction to printed on recycled paper 12 www.BiologicalDiversity.org FALL 2007