FWS to give pygmy update to court

By Ryan J. Stanton, “The court had ordered us to [email protected] been tracking owl numbers determine if the owl should be throughout the state, while various listed,” Richardson said. Jan. 26, 2005 - U.S. Fish and professors at different universities “Eventually, there will be a decision have conducted genetics studies. Wildlife Service officials have until made and the court will consider Jan. 31 to issue an update to U.S. Recent work done by a that and come up with a final ruling.” University of Arizona professor, District Court on the status of its Meanwhile, rumors have surfaced reconsideration of the cactus Robert Steidl, used DNA research that FWS could lean toward de- to define genetic distinctions as an listing the owl, a move that would endangered . between different owl populations, cause a reaction from local he said. However, officials from both the environmental groups who’ve local and national FWS offices say Plotted on a map, owl population supported efforts to protect the owl patterns resemble two fingers in the no clear decision has been made since its listing in 1997. whether to keep the pygmy owl shape of the letter V coming up the “We’re really disappointed,” said eastern side of Mexico into Texas protected under the federal Jenny Neeley, southwest Endangered Species Act. and coming up the western side into representative for Defenders of Arizona, Richardson said. Scott Richardson, a local FWS Wildlife. “What the Fish and Wildlife biologist in Tucson, said most work “Those two fingers are genetically Service is doing is ignoring all the distinct,” he said. However, on the case has been handled out information, basing their decision of the Washington office. It’s only populations in Arizona now are purely on politics.” linked to those in Mexico, he an assumption, he said, but he Considering the Bush believes the update to the court in added. administration’s “horrendous” “Genetically, in northern the next week will read, “We’re not policies on wildlife and FWS’s sure yet.” Mexico are similar to birds in inability to take into account southern Arizona,” he said. An open-ended June 25 District science, Neeley said she’s not Court ruling stated that FWS must In light of these findings, surprised the owl might be de-listed. Richardson said, it’s uncertain report to the court on the status of “If the service goes this route, its reconsideration of the Listing whether the owl will remain listed. they’re asking for conflict,” she said. “We’d have to look at everything Rule and the Critical Habitat “It’s not something they can do with Designation in regards to the pygmy and take that into consideration,” a straight face. If they do it without he said. “Certainly the genetics is owl by Jan. 31. any public review we’re certainly The order denied requests from an important piece of that. We’re going to be challenging that.” looking at the consideration of the the Defenders of Wildlife to give Richardson suspects the court will FWS a deadline for a determination, status as a whole.” set a deadline for a final disposition Neeley said the Endangered or the chance to reopen a public after the update is submitted. He comment period. Species Act calls for the best said Arizona Game and Fish has science to be taken into account. She said FWS couldn’t possibly “We’re supporting whatever the lesser long-nosed bat and the base a decision to de-list on new Defenders and the (Center for pale Townsend’s big-eared bat. science, which details a declining Biological Diversity) do,” she said. “Besides the pygmy owl, there are pygmy owl population. “We certainly will be supporting the and two other “There’s all of this science. I have efforts to make sure we counter any snakes that are worthy of a it all piled on my desk,” she said. kind of de-listing of the owl.” consideration over the time frame “For the Fish and Wildlife Service Marana Town Manager Mike we’re talking about,” Reuwsaat to refuse to look at it, and make a Reuwsaat said he was “more than said. “We’re just waiting to see like decision refusing that science, aware” that talks have surfaced everyone else.” there’s no justification for it.” regarding the owl’s de-listing. Leslie Liberti, Marana’s HCP Richardson said his local office He said he met recently with project manager, said she’s been has done no studies, but has FWS officials who told him about following the talks surrounding the contributed to others that are DNA studies that link the owl pygmy owl’s status, but right now ongoing. population in Arizona to a it’s hard to make a call. Regardless, Neeley said the best piece of population in Mexico. That might it won’t require a change to the science is the overall decline of the be cause to de-list the owl, he said, HCP. species as a whole. She said it’s but that wouldn’t drastically change “It’s obviously in very serious good to know there is a population Marana’s plans to expand the danger of becoming extinct in in Mexico, but the Endangered Tortolita Preserve, a 2,400-acre Arizona and that’s serious,” she Species Act is supposed to protect desert park near Dove Mountain, said. “But on the other hand, it’s not the status of species in the U.S. to 18,000 acres. clear whether it’s a distinct “There’re a bunch of that “There’s also discussion that if the population segment. This is one are considered very endangered in owl is de-listed, one of the where I will bow to the Fish and this country that occur elsewhere,” environmental groups will Wildlife Service and the courts.” she said. immediately petition to have it re- Carolyn Campbell, executive listed and I think that’s almost a director of the Coalition for certainty,” he said. “You’re going to Sonoran Desert Protection, said end up having the judge’s decision she doesn’t know what the National and then wait to see if it’s re-listed. Association of Homebuilders was Then we’d really have to look at thinking when it took the status of what impact it would have on our the pygmy owl to court, causing the HCP.” long-standing debate. A draft of the HCP approved by “All this does is keep it in court the town council has been under for an uncertain number of years to review by Arizona Game and Fish come,” she said. “It certainly and FWS since October. The plan doesn’t make any sense to me that got positive marks from Arizona the Fish and Wildlife Service would Game and Fish, Reuwsaat said. pursue a de-listing when this species However, FWS gave extensive is so obviously in dire straits.” feedback to the plan. Campbell, who has been The HCP identifies three male involved with both the Marana and pygmy living east of I-10. It Pima County conservation plans, includes a 25-year horizon that said she hopes the owl’s status takes into account both endangered won’t affect habitat conservation and threatened species, including the plan efforts. burrowing owl and the Tucson shovel-nosed and ground snakes,