February 25, 2003
Contact: Karen Kraus, Environmental Defense Center, 805 963-1622
Kassie Siegel, Center for Biological Diversity, 909 659-6053

GROUPS SEEK CRITICAL HABITAT DESIGNATION FOR TIGER SALAMANDER

Designation Would Enhance Species' Recovery

CALIFORNIA - In order to speed up recovery efforts, the Environmental Defense Center (EDC) and Center for Biological Diversity (CBD) filed a lawsuit today against the U.S. Fish and Wildlife Service (FWS) challenging the Bush Administration's failure to designate critical habitat for the endangered Santa Barbara County California Tiger Salamander. Despite evidence that designating critical habitat would greatly enhance recovery efforts, the FWS has failed to take action, in violation of the Endangered Species Act (ESA).

On January 19, 2000, FWS published both an emergency rule and a proposed rule to list the Salamander as endangered. The final rule listing the Salamander as endangered was published on September 21, 2000. Concurrent with making a final determination that a species is endangered, the ESA requires that habitat that is considered essential, or critical, to the survival and recovery of the species be designated. At the time of the listing FWS identified direct loss of habitat, as well as the widespread conversion of land to agricultural and residential uses, which has led to the fragmentation and isolation of the remaining subpopulations, as the primary cause of the decline of the salamander. However, the FWS invoked a limited, one-year extension to the deadline to designate critical habitat for this species. The FWS then failed to meet the final deadline.

Despite acknowledging the benefits of designating critical habitat for the salamander, the FWS continues to postpone taking action to designate this species' critical habitat. In response, on October 15, 2002, EDC and CBD alerted the FWS of their intent to file a lawsuit for their failure to comply with the ESA, providing the agency with at least sixty days written notice of the violation.

"The ultimate purpose of listing a species as endangered is to get the species to the point where it no longer needs to be protected under the Endangered Species Act," said Environmental Defense Center Attorney Karen Kraus. "Designating critical habitat is a fundamental step towards achieving that goal for the Santa Barbara County California tiger salamander because it will clearly spell out the habitat areas that are essential to ensuring the recovery of the species. Critical habitat designation is often misperceived as a prohibition against private development. In fact, designation does not limit development on private lands unless that development requires federal approval."

"The Bush Administration has not designated critical habitat for a single species on its own initiative," said Monica Bond, a biologist with the Center for Biological Diversity. "Every single critical habitat designation has been the result of a court order. This lawsuit is vitally necessary to achieve the full protection for the Santa Barbara County California tiger salamander that Congress intended. Research has shown that species for which critical habitat has been designated are recovering faster than those for which critical habitat has not been designated."

The process of designating critical habitat would include an opportunity for all interested parties to raise their concerns about the impacts, including economic impacts, of that decision. Critical habitat designation does not establish a land preserve, but it does require federal agencies to consult with FWS before undertaking or authorizing activities that may impact the habitat. In addition, the designation highlights special management considerations that may be necessary and helps alert local governments and the public to the value of the habitat for species conservation. Critical habitat designation provides definitive information to landowners and agencies, and increases communication and public input. Designation of critical habitat also facilitates private parties' and state and local agencies' land use decisions by specifically identifying the habitat areas of greatest concern.

The California Tiger Salamander (Ambystoma californiense) is a large, terrestrial salamander with a broad, rounded snout and small eyes with black irises. This species once inhabited a variety of habitats throughout California. The Santa Barbara County population of the California tiger salamander inhabits vernal pools and seasonal ponds with associated coastal scrub, grassland, and oak savannah plant communities.

The Environmental Defense Center is the only environmental, public interest law firm on California's Central Coast working with citizen groups on such environmental issues as protecting water quality, preserving precious open spaces, saving species from extinction and guarding public health. EDC provides legal, educational and advocacy support to grassroots efforts. For more information, please contact Karen Kraus at (805) 963-1622 or visit http://www.edcnet.org.

The Center for Biological Diversity is a nonprofit environmental organization dedicated to the protection of native species and their habitats in the Western Hemisphere through science, education, policy, and environmental law. Using the citizen petition provision of the Endangered Species Act, listing petition and litigation efforts by the Center have led to federal protection of 119 threatened and endangered species and the conservation of more than 37 million acres of terrestrial habitats and nearly 4,500 miles of streams and aquatic habitats. For more information, please contact Kassie Siegel at (909) 659-6053 or visit http://www.sw-center.org/swcbd/index.html.

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