WildEarth Guardians

Monday, May 7, 2007
Bush official's meddling could backfire, benefit prairie dog protection

''Per Julie, please make the pd (prairie dog) finding negative''
Contact: James W. Brosnan Albuquerque Tribune

Washington - Gunnison's prairie dog, which is common in New Mexico, could win a second chance at legal protection because of meddling by a Bush administration official with the endangered-species list.

The meddling could strengthen the arguments of WildEarth Guardians and other groups that are asking a federal judge to order the U.S. Fish and Wildlife Service to take a second look at protecting the prairie dog.

The outcome of the case could affect development and ranching practices throughout the state, as well as force Albuquerque International Sunport officials to obtain approval from Fish and Wildlife the next time they want to use poison to eradicate the animals - as was done with a colony near a runway this spring.

The environmental groups got involved after recent revelations that a political appointee at the Department of Interior told Fish and Wildlife scientists not to consider the animal for endangered-species protection during an initial review last year.

The political appointee, Julie MacDonald, deputy assistant secretary for fish, wildlife and parks, resigned April 30, citing personal reasons. But her actions are expected to come under critical scrutiny at a hearing of the House Natural Resources Committee on Wednesday.

Documents obtained by wildlife protection groups show that MacDonald or other high-ranking officials intervened in several endangered-species decisions, including the Mexican garter snake, white-tailed prairie dog, round-tail chub and Gunnison sage-grouse.

MacDonald also interfered with Fish and Wildlife's decision on how much to protect the Southwestern willow flycatcher, according to a recent report by the inspector general for the Department of Interior. The flycatcher ranges in New Mexico as well as other Western states.

MacDonald told the agency to list the bird's nesting range as 1.8 miles instead of 2.1 miles, the report said. Fish and Wildlife Director Dale Hall told investigators that he battled over the issue with McDonald, whose husband owned a ranch in California that was affected by the decision.

In the case of Gunnison's prairie dog, documents obtained by WildEarth Guardians show MacDonald instructed Fish and Wildlife officials to make sure a scientific review panel rejected a petition by environmental groups. The petition would have sparked a process that could lead to the species being listed as endangered.

"Per Julie, please make the pd (prairie dog) finding negative," read a January, 2006, e-mail obtained by WildEarth Guardians that was sent by an official to the head of the review panel.

The panel chief, South Dakota Field Office Supervisor Pete Gober, submitted the "revised" finding "as requested by Julie," according to another e-mail.

A draft of the agency's initial finding stated: "We find that the petition presents substantial scientific and commercial data indicating that listing the Gunnison's prairie dog may be warranted." In the final decision, "presents" was changed to "does not present."

"One of the claims we're making (in court) is that there was political inference with that decision," said Nicole Rosmarino, conservation director for WildEarth Guardians.

A spokesman for the Fish and Wildlife Service said the agency has no plans to review all the endangered-species decisions in which MacDonald was involved. But Nicholas Throckmorton told The Tribune that because of the WildEarth Guardians' lawsuit on the prairie dog, "We are revisiting that decision and a determination will be made in the future."

Gunnison's is one of five prairie dog species in the West and 45 percent of its habitat is in New Mexico, with colonies also in Arizona, Colorado and Utah. The animal is 12 to 15 inches in length and is distinguished from the black-tailed prairie dog, which also ranges in New Mexico, by its shorter and lighter-colored tail.

Wildlife biologists estimate its colonies occupied more than 24 million acres in the Four Corners states 90 years ago, but widespread poisoning wiped out 95 percent of them by 1961. Now it's estimated they range over 200,000 to 335,600 acres. The colonies also have been damaged by a tick-borne plague.

Prairie dogs are considered a "keystone" species because so many other animals depend on them either as food or a place to live by taking over the burrows they dig.

But prairie dogs can also hinder development and commerce. Airport officials in both Santa Fe and Albuquerque have poisoned colonies in recent years.

Albuquerque Mayor Martin Chavez has a policy of trapping and relocating prairie dogs that get in the way, but Federal Aviation Administration officials told Sunport officials they had to either get rid of the colony entirely or face a fine of $100,000.

"If we don't have FAA certification, we can't operate," said airport Director Nick Bakas. But, he added, the airport is "animal-friendly" and will continue to trap and re-locate where possible.

Rosmarino said listing Gunnison's prairie dogs would not necessarily keep airport officials from using poison. But they would at least have to obtain a permit from the Fish and Wildlife Service, she said.

"More broadly, it would require that the threat of poisoning be regulated," she said. "Right now, it is unregulated. There is no limit on the amount of prairie dogs that can be poisoned. And the same applies to shooting to a lesser degree."

Copyright 2007 Albuquerque Tribune - Reprinted with permission