WildEarth Guardians

Wednesday, September 13, 2006
Groups File Suit Over Endangered Falcon Protections

''Nonessential experimental'' designation removes many Endangered Species Act protections
Contact: Santa Fe New Mexican

Santa Fe, NM (AP) - A coalition of environmental groups has filed a lawsuit against the U.S. Fish and Wildlife Service, saying the agency's decision this summer to designate the northern aplomado falcon as an experimental population strips the bird of needed protections.

The Fish and Wildlife Service decided in July to reintroduce the falcon to its historical home in Chihuahuan desert grasslands of New Mexico and Arizona.

The falcon, identified by a white stripe above the eye and a brown vest, was listed as endangered in 1986. It has been seen sporadically over the years in New Mexico and Arizona, but has only successfully nested once since the 1950s.

As part of the reintroduction rule, the agency classified the birds as a nonessential experimental population. That means any birds in the two states will no longer be considered endangered but they will continue to have some protections. For example, it's still illegal to shoot or harass the birds or to take their eggs.

The environmental groups contend in a federal lawsuit filed Monday that reintroduced animals designed as experimental and nonessential be outside the current range of the species. Because there has been an increase in falcon sightings in New Mexico, they argue the reintroduction rule is illegal.

Nicole Rosmarino, conservation director for WildEarth Guardians, said Tuesday the rule's removal of protections comes at a time when there's more evidence that wild falcons exist in New Mexico than at any point since the falcon was first listed as endangered.

"We've been warning the service for over four years that this removal of key protections unlawfully strips away the safety net for falcons in the wild," she said.

A message was left Tuesday evening seeking comment from Fish and Wildlife officials in Albuquerque.

The agency introduced 11 captive-bred falcons in New Mexico in August, saying the effort would help move the species closer to restoration throughout its historic range in the Southwest.

While the groups aren't opposed to reintroducing the falcon, they are pushing for full Endangered Species Act protections.

The lawsuit was filed by the WildEarth Guardians, Chihuahuan Desert Conservation Alliance, Public Employees for Environmental Responsibility, New Mexico Audubon Council, Sierra Club and the Southwest Environmental Center.

Copyright 2006 Santa Fe New Mexican - Reprinted with permission