Digest
of the Pygmy-Owl Forum
Facilitated
by Congressman Jim Kolbe
A public meeting,
held January 7, 1998, to discuss issues surrounding the
cactus ferruginous pygmy-owl in Pima County, Arizona

Photo from the Tucson Weekly
February 1,
1998
Prepared by
The
Udall Center for Studies in Public Policy
The University
of Arizona
Table
of Contents
This document
is also available
in pdf format.
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Reader (free).
Introduction
The
Cactus Ferruginous Pygmy-Owl
|
Family |
Strigidae (owls) |
|
Genus |
Glaucidium (pygmy owls) |
|
Species |
brasilianum (ferruginous pygmy owl) |
|
Subspecies |
cactorum (cactus ferruginous pygmy owl) |
|
[Distinct population segments of species or subspecies
are eligible for protection under the Endangered Species
Act] |
The cactus ferruginous
pygmy-owl, Glaucidium brasilianum cactorum, is small, reddish-
rusty brown, with a cream-colored, streaked breast. It is
about 6 or 7 inches tall, not much larger than a sparrow.
Unlike most owls, it has a long tail, visible below its
perch. The cactus ferruginous pygmy-owl is one of three
subspecies of ferruginous pygmy owls, and has been found
in lowland desert habitats in southern Arizona, southern
New Mexico, western Texas, and Mexico. The pygmy-owl eats
birds, insects, lizards, and small mammals, and nests in
cavities of trees or large cacti. In 1997, Arizona's distinct
population segment of the cactus ferruginous pygmy owl was
listed as an endangered species by the U.S. Fish and Wildlife
Service. This listed status gives certain federal legal
protections to the owl through the Endangered Species Act.
The protections can be extended to the owl wherever it is
found, or wherever suitable habitat exists within its range.
This includes portions of Pima County and parts of the Tucson
area.
Potential
Implications of the Pygmy-Owl Listing
The Amphitheater
Public School Board began planning for construction of a
new high school on a site in northwestern Tucson in 1994.
The proposed construction site falls within potential owl
habitat, according to the Arizona Game and Fish Department.
Some have questioned whether or not the Amphitheater School
District's plans for a new high school conflict with the
protection of the pygmy-owl required under the Endangered
Species Act. Similarly, some homebuilders and developers
are concerned about the potential impact of the pygmy-owl
endangered species listing on future building projects in
Pima County. And some private landowners and public officials
have asked what the Endangered Species Act might require
of them.
The
Forum
Congressman Jim
Kolbe called a public forum to discuss the issues surrounding
the pygmy-owl. The forum was held at St. Mark's United Methodist
Church on Wednesday, January 7, 1998, from 7:00-10:00p.m.
The purpose of the forum was to provide everyone with a
common set of facts and to relieve some of the uncertainties
that have been expressed. It was also intended to provide
an opportunity for agency officials to hear a full range
of concerns of the public and organized interest groups.
The forum was not an attempt to debate or find consensus.
The different agencies that have a role in the pygmy-owl
controversy were to clarify that role, and interested individuals
could express their opinions and concerns to those officials.
The forum consisted
of two panel presentations and a question and answer period.
The first panel featured public officials, who explained
current public policy, including the legal requirements
and procedures for administration of the Endangered Species
Act, as well as what has been discovered about the pygmy-owl
through surveying efforts and interpretation of historical
literature. The second panel consisted of representatives
of interested organizations, who explained their concerns,
positions, and actions with respect to issues raised by
the owl's endangered status. The forum was open to the public,
and various organizations were invited by Congressman Kolbe
to attend. Attendance at the forum was estimated at 400-500
people or more.
This digest summarizes
the issues and viewpoints that were presented at the forum.
It is not a word-for-word account of every remark, but a
brief review of the major topics that were addressed. Each
presenter had the opportunity to review and correct his/her
remarks and answers to questions as summarized. The Question
and Answer section presents representative concerns organized
into five categories: the endangerment of the cactus ferruginous
pygmy-owl, the Endangered Species Act and its Administration,
Amphitheater School District's plans for a new high school,
economics and development impacts, and conflict and cooperation.
Copies of written
comments that were submitted after the forum and an expanded
version of the Question and Answer period as well as the
full text from some of the panel presenters are available
at the websites of Congressman Jim Kolbe (http://www.house.gov:80/kolbe/)
and the Udall Center for Studies in Public Policy (http://udallcenter.arizona.edu/),
as well as at the public libraries in Tucson.
Panel
One--Representatives of Public Agencies
Current Public Policy: Status and Implications
Summary
of the presentations by Dan Ashe
Assistant
Director for External Affairs, U.S. Fish and Wildlife Service,
Washington, D.C., and Nancy Kaufman, Southwest Regional
Director, U.S. Fish and Wildlife Service, Albuquerque, NM.
Dan Ashe and
Nancy Kaufman represented the U.S. Fish and Wildlife Service,
which is legally responsible for conserving threatened and
endangered species. Their purpose at the forum was to help
foster a better understanding of the Endangered Species
Act, the cactus ferruginous pygmy-owl, and the U.S. Fish
and Wildlife Service's role in preserving the owl. They
were also interested in establishing a cooperative and open
dialogue with the community, providing accurate information
to the public, and listening to the different viewpoints
presented. Ashe stressed that he and the Director of the
U.S. Fish and Wildlife Service will assist the Phoenix field
office and the Albuquerque Regional Office of the Service
with their responsibility in working with the community
to protect the pygmy-owl.
Habitat
Conservation Plans

Photo
from
National Biological Survey
As he stated
that working with the different public and private interests
involved is an important part of the process of protecting
endangered species. One useful conservation tool is a Habitat
Conservation Plan (HCP). These plans are developed through
the cooperation of stakeholders, including government agencies,
interest groups, landowners, and other private individuals.
They are cooperative efforts that provide for economic development
and growth, while conserving species and their habitat.
There are currently over 200 HCPs in effect, and nearly
200 more are being developed across the country. HCPs are
created to address the needs of the species involved, as
well as the human systems that interact with them. Ashe
wanted to make it clear that if you have, or think you have,
an endangered species on your property, it is not the end
of the world. Growth, economic development, and endangered
species are not incompatible goals.
Nancy Kaufman,
as the Southwest Regional Director for the U.S. Fish and
Wildlife Service, is the person largely responsible for
implementation of the Endangered Species Act with respect
to the pygmy-owl issue. She explained the Endangered
Species Act and clarified the role of her agency. A copy
of the slides she used during her presentation are available
on the world wide web pages of Congressman Kolbe and the
Udall Center for Studies in Public Policy (see FURTHER INFORMATION
in the Appendices).
The purpose of
the Endangered Species Act, as Kaufman summarized it, is
to provide a means by which the ecosystems of endangered
and threatened species may be conserved. "Ecosystem"
essentially means the place where a species lives. The five
factors used to "list" a species (place a species
on the endangered species list) are:
- the present
or threatened destruction of habitat or range
- overutilization
- disease or
predation problems
- inadequacy
of existing regulations to protect the species
- other natural
or human-made factors
The factor that
is most important in the case of the pygmy-owl's listing
is the present or threatened destruction of habitat or range.
The entities
eligible for listing include species, subspecies, and distinct
population segments of vertebrates (the term "vertebrates"
includes any type of animal with a spine or backbone). The
pygmy-owl in Arizona was listed as one of four distinct
population segments of the cactus ferruginous pygmy-owl.
The issues that the U.S. Fish and Wildlife Service used
to determine whether Arizona's distinct population segment
of the cactus ferruginous pygmy-owl deserved listing include
discreteness, significance, and status of the population
segment.
| Discreteness |
Significance |
Status |
| Population
segment is discrete if:
- It is
markedly separated from other populations of the
taxon*, by physical, physiological, or ecological
or behavioral factors; or
- It is
delimited by international governmental boundaries,
with governments having significantly different
controls of exploitation, management of habitat,
conservation status, or regulatory mechanisms
*A taxon
refers to a group of organisms sharing common characteristics |
Discrete
population segment may also be significant if:
- It persists
in an ecological setting unusual or unique for the
taxon
- Loss
of the discrete population segment would result
in a significant gap in the range of the taxon
- It represents
the only surviving natural occurrence of a taxon
that may be more abundant elsewhere as an introduced
population outside its historic range; or
- it is
markedly different from other populations of the
species in its genetic characteristics
|
If
a population segment is discrete and significant (i.e.
it is a distinct population segment) its evaluation
for endangered or threatened status is based on the
assessment of the following factors: 1) the present
or threatened destruction, modification, or curtailment
of habitat or range; 2) over-utilization for commercial,
recreational, scientific, or educational purposes;
3) disease or predation; 4) the inadequacy of existing
regulatory mechanisms; or 5) other natural or manmade
factors affecting its existence.
From: 61
FR 4725, February 7, 1996 |
The Endangered
Species Act has a number of parts. Section 7 of the Act,
for example, requires federal agencies to ensure that their
actions do not cause harm to a listed species. "Harm"
means an act that actually kills or injures wildlife which
may include significant habitat modification or degradation
that impairs essential behavioral patterns. "Take,"
under Section 3, means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, collect, or attempt to engage
in any of these activities. Harm and take, then, include
activities beyond killing the species.
Section 10 of
the Act deals with individual citizens (as opposed to federal
agencies), and their incidental taking of endangered or
threatened species. It is this section that allows for the
development of Habitat Conservation Plans and may allow
a permit for the incidental taking of a species on private
land.
Recovery
Plans
The Endangered
Species Act requires that a Recovery Plan be completed for
the pygmy-owl. The Recovery Plan is completed by a team
of scientists, stakeholders, and others that have information
that would be useful in conserving the species. In the Plan,
the U.S. Fish and Wildlife Service will examine each of
the factors used in listing the pygmy-owl and try to somehow
remedy each factor. The purpose of the Recovery Plan is
to help recover species so they can be removed from the
endangered species list.
Summary
of presentation by Bruce Taubert
Assistant
Director of Wildlife Management, Arizona Game and Fish Department
Taubert presented
information on the pygmy-owl and its habitat, and clarified
the role of the Arizona Game and Fish Department (AGFD)
in enforcing the Endangered Species Act.
The
Pygmy-Owl Status in Arizona
Because of frequent
mention of the owl in historical literature, Taubert explained,
sightings of the owl were more common at the turn of the
century then they are now. The extent of the pygmy-owl's
range in Arizona appears to be shrinking. The cactus ferruginous
pygmy-owl was included on the Threatened Native Wildlife
of Arizona list in 1982 and 1988. It was listed in AGFD's
draft Wildlife of Special Concern in Arizona, October 14,
1996. Arizona Revised Statutes, Title 17, provides for the
protection of endangered and threatened species within the
state, and under Section 6 of the federal Endangered Species
Act, AGFD cooperates with the U.S. Fish and Wildlife Service
in the conservation of federally listed species as well.
Pygmy-Owl
Habitat
Because limited
information is available, AGFD is not certain which habitat
is optimal for this species. The pygmy-owl seems to be a
habitat generalist, using both riparian and a variety of
Sonoran desert scrub habitats. The extent of its habitat,
however, is unknown: the Bureau of Land Management estimates
that there are approximately 1.5 million acres of potential
habitat on its lands. In the immediate area around Tucson,
55,000 acres of potential habitat have been identified,
but less than 10% of that land has been surveyed to date.
Summary
of Surveying Efforts
Taubert explained
AGFD's surveying efforts and summarized the number of pygmy-owls
found since surveys began in 1993. The Department has focused
its efforts in historic owl locations and suitable habitat.
The Department's budget for surveys is limited and shrinking,
according to Taubert, and this focusing of survey efforts
is the method calculated to be most successful at discovering
owls. The chart below summarizes the chronology of survey
efforts by AGFD.
Future plans
for study include: (1) habitat sampling at 30 locations
in Arizona where cactus ferruginous pygmy-owls have been
located since 1993, to help define suitable pygmy-owl habitat;
(2) revising the survey technique in cooperation with the
U.S. Fish and Wildlife Service; (3) radio telemetry, which
will provide a better understanding of range, distribution,
and habitat preferences; (4) expanding the survey area to
include state lands and Bureau of Land Management property
north and west of Tucson; and, (5) beginning to investigate
the potential for conserving habitat through conservation
easements or cooperative agreements.
| Year |
Arizona
Game and Fish Department Action |
|
1981 |
Pygmy-owl
first identified as an issue |
|
1993 |
First
surveys; 62.4 square miles; 1 owl found |
|
1994 |
70 sq.
miles; 3 owls found, 2 of them in Tucson |
|
1995 |
40 sq.miles;
9 owls found, including nesting pair |
|
1996 |
22 sq.
miles; 12 owls found, including nesting pair |
|
1997 |
limited
surveys; 6 owls found, plus 4 young fledged from a
nest |
Habitat
Conservation Easements
The Department
is interested in working with private landowners who are
willing to conserve the pygmy-owl habitat found on their
property. A conservation easement is a legally binding agreement
between AGFD and the property owner, where the landowner
sells a specific set of rights associated with the property
to the Department. Transferring the rights to AGFD leads
to a mutually beneficial relationship, where pygmy-owl habitat
is conserved and the property owner maintains ownership
and receives benefits, like tax breaks or cash. The Department
has not yet completed any conservation easements, but it
is presently discussing the option with several landowners
in northwest Tucson.
Summary
of presentation by Jim Mazzocco
Planning Official,
Pima County Development Services Department
The Planning
Department of Pima County Development Services Department
(PCDSD) deals with long-range land use planning, rezonings,
development review of projects, permitting, building codes,
and zoning enforcements. The role of PCDSD in the pygmy-owl
issue is to assist and be responsive to the federal and
state agencies responsible for protecting the pygmy-owl.
Pima County has no wildlife office of its own, so the Arizona
Game and Fish Department offers wildlife expertise to Pima
County.
Permits
and Notification
Mazzocco summarized
PCDSD's current policy toward anyone seeking permits. He
said that the issue is evolving quickly, and to illustrate
this point showed two maps. The first was a 16-square-mile
area in the northwestern Tucson area. The second map showed
a larger area, including much of eastern Pima County. This
map represents regional pygmy-owl habitat, and at the time
of the forum, PCDSD was going to begin issuing the same
notifications to most of those within this larger area seeking
a permit. The potential habitat would include areas below
4,000 feet in elevation, with saguaros, palo verde, and
mesquite vegetation.
If someone requests
a building or grading permit within a potential habitat
area, PCDSD gives them a piece of paper notifying them that
they are in potential pygmy-owl habitat. The notice informs
the person that it is a violation of federal law to harm
the species, and that a copy of the permit will be forwarded
to the U.S. Fish and Wildlife Service and the Arizona Game
and Fish Department. It further states that issuance of
the permit does not mean that the person is complying with
federal or state regulations.
Mazzocco wanted
to make several points clear. First, permits are not being
denied to anyone. It is the responsibility of the applicants
to follow regulations set forth by the U.S. Fish and Wildlife
Service and the Arizona Game and Fish Department. PCDSD
will continue to provide notice to all of those issued a
permit within the regional pygmy-owl habitat area. Also,
PCDSD will provide monthly summaries of permits issued in
the habitat area to the U.S. Fish and Wildlife Service and
the Arizona Game and Fish Department.
Rezonings
As a condition
of rezoning, applicants are required to do an owl survey.
The surveys are included with the application and will be
reviewed by the Pima County Board of Supervisors. As of
the time of the forum, PCDSD was going to begin requiring
owl surveys on all rezonings 3.3 acres or greater that fall
within the regional (larger) habitat area. One policy change
PCDSD is considering is to modify the zoning code to encourage
habitat restoration and preservation, perhaps by requiring
set aside areas.
PCDSD has preliminary
plans to request that the Arizona Game and Fish Department
survey for pygmy-owls on County property and recommend protection
strategies where owls are found. They would also like to
cooperate with other public officials in the creation of
a regional conservation plan for protection of the pygmy-owl.
This plan would require an identification of legal constraints
on a habitat protection strategy, and it would require public
officials and the public to review and create innovative
ways of protecting habitat.
Panel
Two--Representatives of Interest Groups
Multiple Perspectives: Issues and Concerns
Summary
of presentation by Kieran Suckling
Executive
Director of the Southwest Center for Biological Diversity
Suckling likened
the development problems in Tucson to the story of the Titanic,
where the captain of the ship knew that the safe and wise
thing to do was to go slow and look ahead. But that didn't
happen because of pressure from "bigwigs." Likewise,
Suckling asserted that Tucson's leaders know that the area
is headed for disaster with development, but they are pressured
to move ahead by the large developers.
The
Problem of Poorly Planned Growth and Development
Suckling suggested
that our quality of life is being affected by the push for
more and more development without a plan for how to do it
while preserving open space at the same time. He asserted
that planning in Tucson presently consists of developers
going in and asking for rezonings. Consequently, the city
is looking more and more like L.A. He pointed to the drying
up of the Santa Cruz River and subsequent loss of trees
on its banks, and the loss of the Pusch Ridge population
of the Bighorn as warning signs, just as the pygmy-owl warns
us of the need to slow down and ask what the wisest way
to go forward is.
Suckling noted
that the Southwest Center for Biological Diversity is not
anti-growth, and its agenda is not to stop all growth in
Tucson. Rather, it wants leaders to devise a plan that all
can agree on, rather than being held hostage by the latest
development idea. The pygmy-owl can and does live near people,
and it won't require a ban on building. But it does require
open space, just as humans do. He cited the instance of
72 percent of residents in the Tortolita area--in the middle
of the 16-square-mile area shown by Mazzocco's map--voting
to incorporate in order to slow growth and protect a rural
lifestyle. Suckling stated that the desire by humans to
lead a good life is what will also protect the pygmy-owl.
The
Amphi Issue
Suckling wanted
to clarify that Amphitheater School District's problems
did not occur because "some darned animal" moved
in and stopped development. The pygmy-owl was proposed as
an endangered species (which is the first step to getting
listed) before Amphitheater School District (Amphi) bought
its land. He asserted that Amphi knew that the Southwest
Center had proposed it as an endangered species and that
Arizona Game and Fish had warned Amphi that pygmy-owls had
been in that area. Suckling contended that the School Board
should have slowed down its plans and determined whether
the owl actually was on its land, so its plans would not
get disrupted later on. The School Board's plans did get
disrupted, because the owl did get listed as an endangered
species.
Suckling expressed
disappointment that, at Amphi's request, the Army Corps
of Engineers had, on the day of the forum [January 7, 1998],
broke off the consultation process with the U.S. Fish and
Wildlife Service in which the Corps was consulting with
the Service to devise an acceptable way to build a school.
Had the Corps continued the process, according to Suckling,
a biological opinion would have clarified whether or not
the Amphi school could be built as planned. And if not,
it would have had to provide an alternative that would not
harm the owl. Suckling expressed concern that without the
Army involved anymore, all the responsibility for protecting
the owl is on Amphi's shoulders. By law, Amphi cannot harm,
take, or kill an owl on that property.
The Southwest
Center hopes that the pygmy-owl will, in general, wake us
up to planning for the future. And, Suckling noted, that
includes Amphi doing its part to plan in such a way that
the owl is protected.
Summary
of presentation by Alan Lurie
Executive
Vice President of the Southern Arizona Home Builders Association
(SAHBA)
Lurie stated
that the homebuilding industry is not against the Endangered
Species Act (ESA), but wants legislation designed to protect
endangered species to be effective, equitable, and efficient.
He noted that SAHBA believes that the ESA is being ill-used
to control growth. While the problem posed by the pygmy-owl
needs to be addressed, it demonstrates the necessity of
ESA reform.
The
Pygmy-owl Illustrates the Need for Reform of the Endangered
Species Act
Lurie listed
three concerns with the listing of the pygmy-owl:
1) whether the
owl should have been listed as endangered to begin with,
given that the owl is abundant in Mexico and the Tucson
area represents the northwest fringe of the owl's range;
2) that the U.S.
Fish and Wildlife Service sidestepped the legal requirement
for an economic analysis by listing "de facto"
critical habitat for the owl, instead of listing critical
habitat; and
3) that private
property will be taken without just compensation, a right
guaranteed to the public under the 5th Amendment of the
United States Constitution.
The Endangered
Species Act bans absolutely many activities and severely
restricts use of privately owned land.
Costs
of Protecting the Pygmy-owl and Other Endangered Species
Lurie asserted
that property owners are being forced to bear the burden
of protecting the entire subspecies of the owl. To illustrate
the problems for property owners, he cited the case of an
elderly couple who received letters from the U.S. Fish and
Wildlife Service [sent to all landowners in the affected
area] telling them to stop clearing vegetation because the
pygmy-owl was known to inhabit the general vicinity of their
property. The letter listed penalties for violation of the
ESA, including fines and jail time. Lurie said that the
woman told him that soon after that letter came, she received
a call asking if she had received the letter and why she
had not returned a confirmation of her receipt of that letter.
According to Lurie, she told him that she was packing her
home up and getting ready to go to jail. He said the couple
had lived on that property for nearly 26 years and had paid
$350,000 in property taxes. When asked what the property
was worth now, the woman told Lurie she could not get anybody
to buy it.
Lurie noted that
since SAHBA could not get the U.S. Fish and Wildlife Service
to tell where the de facto critical habitat existed, it
asked the Service where critical habitat did NOT exist.
SAHBA filed a Freedom of Information Act request in September,
asking where it was acceptable to build. The Service provided
only incomplete information.
In researching
other areas of the country in which the homebuilding industry
had undergone the same type of scrutiny from the ESA, Lurie
was advised by the National Homebuilders Association to
call Austin, Texas. He was told that it was the property
owners who had been hit the hardest by the listing of two
birds in their area. According to Lurie:
- The people
who were already building homes in the affected area,
after much consultation, were allowed to continue building
their homes at an additional cost of $1,500 per home.
- Those who
had not yet started to build were required to buy enough
land to achieve a 3:1 property-to-house ratio. The cost
of additional parcels of land, at $5,000 per parcel, added
$15,000 to the cost of building.
- The people
participating in this arrangement had to set up an endowment
to ensure the perpetual care of the area.
- The developers
that had been working in the affected area were bankrupted.
Finally, Lurie
indicated that SAHBA would like to see the U.S. Fish and
Wildlife Service make good, scientifically-based listing
decisions with the help of private landowners, including
builders and developers.
Summary
of the presentation by Craig Miller
Southwest
Representative of the Defenders of Wildlife
Miller posed
the question: Do we, as a community, care enough about other
species, their habitats, and our own welfare to modify our
behavior slightly to allow other life forms to survive?
In
defense of the Endangered Species Act (ESA)
Miller attributed
the current lack of vision in managing growth and protection
of open space and wildlife to the idea that money and power
can impair judgement. And fortunately, public lawmakers
have put regulatory mechanisms in place that attempt to
prevent human activities from resulting in ecological crises.
The ESA requires us to consider how our actions affect our
environment.
Miller stated
that the endangered pygmy-owl represents another signal
that we have decimated our riparian habitat. He noted that
we are all inextricably linked to the natural world, and
the ESA is one of the last defenses against its destruction.
The ESA's primary purpose is to conserve the ecosystems
upon which threatened and endangered species depend for
food and livelihood, but perhaps its most compelling justification
is that it protects human welfare itself. Interacting in
their habitats/ecosystems, the diversity of wildlife and
plants
- provides food,
medicine, shelter
- manufactures
the air we breathe
- cleanses our
water
- fertilizes
our soil
- cycles nutrients
- decomposes
waste
- controls floods,
insects, and pests
- provides important
psychological benefits, ranging from stress relief, to
satisfaction from fulfilling our ethical duty to safeguard
creation
A
Moral Obligation to the Future
Miller suggested
to the forum that, beyond the value to ourselves of services
provided by flora and fauna within ecosystems, we have a
moral obligation to pass our natural estate on to our descendants
in no worse condition than we received it. According to
Miller:
- Biologists
estimate that in the past 150 years human activities have
increased the global extinction rate by hundreds, if not
thousands, of times, producing the greatest extinction
event since the decline of dinosaurs.
- Arizona is
among the worst states in the country at protecting its
biodiversity. In Arizona, 58 species are listed as endangered,
29 are listed as threatened, and roughly 20 have either
been extirpated or already lost to extinction. Of its
native 35 fish species, 19 are federally listed as endangered
or threatened.
Why
Environmental Groups Have Sued Over the Pygmy-Owl Issue
The ESA requires
concerned citizens to not only give notice of potential
violations of the Act, but also to express an intent to
sue, when the original purpose of the notice provision was
to avoid lawsuits entirely. Miller noted that forcing environmental
groups to threaten suit at the outset of getting involved
in ESA conflict, such as the pygmy-owl case, is not at all
conducive to cooperative resolution.
Miller said that
nobody in the environmental community is opposed to the
Amphi School District building a new high school. Students'
needs and the preservation of species are both important
and worthy causes; a school will and should be built. But
he reported that when the Amphi School Board received a
letter from Defenders of Wildlife, the Southwest Center,
and other local organizations informing them that clearing
the vegetation on their site would be a violation of the
ESA, the school board immediately ran to the press. Later,
the school board submitted a letter to the U.S. Fish and
Wildlife Service expressing their intent to sue the agency
if they were not allowed to build at the site, regardless
of the impacts on the owl. From there, according to Miller,
the issue grew.
Miller asked
for a demonstration of responsible leadership by selecting
a suitable location and beginning construction of the school
immediately. The current site, including the adjacent 14
acres on the east side, is not acceptable. Conservationists
are now attempting to both conserve the owl and locate alternative
sites for the high school, which may cost Amphi less. At
the same time, he asserted, the school board is continuing
to invest money in a bad decision--they paid too much for
the property and the biological costs are unacceptable.
If the school board can recover most of their losses, then
we should go forward with a less environmentally sensitive
and cheaper site.
Miller concluded
his remarks by noting that the only crisis here is the imminent
extinction of Arizona's pygmy-owl. There is no economic
crisis or crisis for developers. The economy is growing.
Human population is skyrocketing, and a short pause to develop
a community based recovery strategy and regional land use
plan will only help everyone.
Summary
of the presentation by Gary Woodard
Vice President
of the Amphitheater School Board
Woodard noted
that he was skeptical to hear that there are cheaper, better
sites to build a school on, given that the Amphi School
Board's research showed that all sites available for sale
were more expensive, tended to have more washes, were below
4,000 feet, were over 3 acres in size, and had vegetation
on them sufficient to make them potential owl habitat.
Woodard agreed
that there is a lack of leadership in the controversy. He
suggested that people do not know how to handle the situation
and are passing the buck down to lower levels of government.
These, in turn, hand out yellow pieces of paper to landowners,
saying, "Call the feds." It is not working.
History
of Efforts to Solve Overcrowding Problems in the District
Woodard stated
that the school board would not mind if development were
to slow down and ease up, but it is trying to build a school
for kids who are already here. Amphi's first high school
was built decades ago. CDO opened in the 1960s. The district
started looking for a third high-school site in the late
1970s when it was clear that there was going to be a lot
of development on the northwest side. Some tentative deals
were worked out with developers, but in the late 1980s,
many developers either went bankrupt or wound up in jail,
and suddenly there was not a viable high school site.
By 1993, overcrowding
existed at a growing number of Amphi schools, at all levels,
in part due to the growth on the northwest side and in part
because of the Baby Boom echo moving through the school.
At the time, the most critical crowding was at the elementary
level. The board could see that problem would eventually
affect the middle schools and then the high schools by the
late 1990s. So, in 1993, it systematically searched for
school sites on the northwest side where all this growth
was occurring.
By early 1994,
choices were narrowed, and in April 1994, the board purchased
two sites near each other. At that time, according to Woodard,
the pygmy-owl had been identified as a "species of
special concern." A report on the owl came out in 1994
with a map showing the areas that experts at that time believed
were prime potential habitats for the owl. The two school
sites were not identified as being in those areas. Woodard
asserted that the board had no way to know the bird would
be listed as an endangered species and the school sites
would be considered potential owl habitat. The district
planned to break ground last October and to have the high
school opened by August 1999.
According to
Woodard, by spring 1997, all the plans and blueprints were
done, and all the permits in hand except one. The site had
a significant wash running through it and the Army Corps
of Engineers said this constituted modifying a navigable
waterway, requiring a 404 permit. Just as the district was
about to get the permit, the owl was listed as an endangered
species. The U.S. Fish and Wildlife Service told the board
that no critical habitat had been defined at that point.
The district then learned that in the past couple years,
one or possibly two pygmy-owls had been seen north and west
of the site, within about a quarter of a mile of the site.
Game and Fish had promised the owners of the private land
that they would keep that fact a secret, and they kept their
promise.
What
Amphi has Offered to Do
Woodard said
that the board was then informed that if the owls were still
nearby, they might be coming on to the site. At the request
of the board, Game and Fish did six surveys and did not
find the owls on the property or on the adjacent land where
they last were sighted in early 1996. The board then began
a process with the U.S. Fish and Wildlife Service to try
to come up with ways to accommodate and mitigate. He said
that the board offered:
- to buy more
land
- to move the
buildings further away from where the owls had been
- to stay out
of the wash
- to emphasize
the owls and other endangered species in the curriculum
of the school
- to put barriers
around play fields and parking lots
- to cut down
noise and light
- to give up
a play field and rearrange sport fields
- to give up
a community swimming pool
- to redirect
traffic flow, including foot traffic
Woodard suggested
that there were questions as to whether the pygmy-owls would
ever be back because at this time, five great horned owls
were living on the site.
Even though the
U.S. Fish and Wildlife Service agreed that the board had
done everything it could do, according to Woodard this apparently
was not enough. Fish and Wildlife suggested that the board
donate over 200 acres of land or come up with some money
so land could be purchased. The board is constitutionally
forbidden from doing that. Fish and Wildlife then tried
to get the state and local governments to come up with concessions.
Amphi has no control over that, and these processes are
slow and uncertain.
Woodard concluded
that the district needs to build a new high school because
of serious overcrowding. The board is investigating redesign
of the school with two goals in mind:
1) Get out of
the washes, preserving them in their native condition so
a 404 permit is not needed; and
2) Minimize the
environmental impact that school will have on any and all
species, provide a needed high school, protect the environment,
and move on.
Summary
of the presentation by Bill Shaw
Professor
and Chair of the University of Arizona Wildlife and Fisheries
Science
Shaw presented
his perspectives on what we do and do not know, and ways
we can take action dictated by common sense. According to
Shaw, we do not know how many pygmy-owls remain in Arizona,
but we know that the bird is extremely rare in this region.
If the total numbers are anywhere near that estimated by
experts, the entire population is extremely vulnerable,
Shaw warned. The implications for this population are profoundly
different if it is part of a larger population centered
in northern Mexico than if it is truly a discrete population
limited to southern Arizona. Common sense suggests that
we continue to invest major efforts in surveying, both in
Arizona and northern Mexico.
Preservation
of the Population and Habitat Requirements
Shaw admitted
that we do not know whether science can lead us to a strategy
that will succeed in preserving this population. The owl
is located on the edge of its historic distribution, where
we would expect some population instability, and is situated
in an environment where there have already been massive
human-induced changes in the habitats. He suggested that
we need better information about life history and distribution
of the bird in order to make intelligent choices about what
to do.
Shaw stated that
we do not know how restrictive the habitat requirements
of the pygmy-owl are. Pygmy-owls in general select a denser
vegetation associated with riparian or thorn scrub cactus
communities. Shaw suggested that common sense would dictate
that a conservation plan for this bird in Tucson be built
around a strategy for preserving an interconnected system
of undisturbed riparian vegetative communities, as well
as substantial areas of the ironwood forest in the northwest
part of Tucson where the bird is known to exist. This same
strategy has been advocated for preserving the unique Sonoran
character of this community and for providing habitats for
wildlife indigenous to this area.
Impacts
of the School Construction/Development in General on the
Bird
Shaw said that
we do not know that construction of any single development
will have a meaningful impact on the survival of a population
whose numbers are already so low that its long term viability
is questionable. But more than 90 percent of the riparian
habitat in Arizona has been lost in the past century, and
the ironwood forests found in the northwest portion of Tucson
are being fragmented at an accelerating rate. These two
vegetative communities are the best and only known habitats
for these owls in Tucson.
Repeating his
call for common sense, Shaw suggested that we look beyond
the pygmy-owl controversy and adopt a comprehensive land
use strategy to preserve and interconnect a system of habitats
within our urban matrix. This approach not only addresses
conservation goals, but also creates a healthier economic
environment where developers and landowners have a level
playing field and can know what uses are likely to be consistent
with the community's vision. This approach would also benefit
homeowners by enabling them to select their living environment
with some confidence that nearby zoning and land use policies
would not be revised at the whim of short-term political
expediency.
Is
There a Farsighted, Collaborative Solution to the Pygmy-Owl
Controversy?
We don't know,
according to Shaw. The biological challenges are daunting,
the politics are charged, and the debate is clouded by equally
impassioned and important issues of population growth and
property rights.
But this is not
a debate over whether biodiversity is important. Americans
and Tucsonans remain committed to the goals of the ESA,
Shaw pointed out. A recent national survey showed that over
80% of Americans support the ESA as it is written or support
strengthening it. Americans in general, and Tucsonans in
particular, are committed to the goals of preserving biodiversity
and incorporating wildlife conservation into the planning
and design of their communities. At issue is the implementation
of this goal in the face of limited knowledge and complex
trade-offs.
We do know, Shaw
emphasized, that the confrontational, litigious, piecemeal
approach to land use planning that has characterized this
community for so long, is no substitute for comprehensive,
long-term land use planning. Good planning will also help
maintain the quality of this environment which fuels the
economic growth that attracts people and new residents to
this community, especially if we adopt a far-sighted, long-range
planning strategy to preserve the quality of this environment.
Summary
of Question and Answer Period
Questions, answers,
and comments voiced at the public forum have been compiled
and summarized by topic below. A more complete, question-by-question
version of the Q and A period is available at the Udall
Center and at Congressman Kolbe's office, on the Worldwide
Web pages of both, and in the appendices provided with this
digest at the public libraries in Tucson. In the summary
below, emphasis has been given to clarification of facts,
in keeping with the stated purpose of the forum. The major
categories reflect the distribution of questions and concerns
raised during the Q and A period.
The
Endangerment of the Cactus Ferruginous Pygmy-owl
A number of people
questioned or commented on the actual endangerment of the
pygmy-owl--the questions and comments below represent a
summary of these:
Questions: With
every survey, more owls are found. There are between four
and five owls in a 20-square-mile area. If this is an average
area, and owl habitat is 1.5 million acres, then there must
be thousands of owls, and the numbers are increasing, not
decreasing. So, why is it seen as threatened? How does knowledge
of endangered species develop over time? How many of these
owls are found in Mexico and Texas? Isn't the northwest
Tucson area on the fringe of the natural habitat anyway?
Answers:
Suckling: The
Arizona Game and Fish Department has been surveying all
over southern Arizona since 1993, and only a handful of
owls have been found. Currently, we only know of 12 owls
in Arizona. Of these, nine are in northwest Tucson, and
several sightings were around the Amphi school district.
Taubert: Historical
literature shows much more mention of the pygmy-owl, indicating
much greater numbers of owls 100 years ago. As far as current
information is concerned, we don't have enough money to
survey 1.5 million acres, and so survey efforts have been
concentrated in areas where sightings have occurred. This
skews the data, making it look like there should be lots
of owls. But these surveyed sites can't be seen as typical
or average--they are simply sites where owls have been found.
We find more owls because we are looking in known sighting
areas. These results cannot be generalized to 1.5 million
acres.
Surveying requires
money. If the owl is a priority, money is given for surveying
and research, and lots of information becomes available.
We expect that there will be much more information available
in the next two years.
No other federally-listed
endangered wildlife species are located in this area.
Kaufman: The
population of pygmy-owls in Texas, on last survey, is 500-600
birds. The Mexican population is not definitively known;
we are not in charge of surveying there.
Related Comments:
- A resident
of the 16-square-mile area felt that the endangerment
of the pygmy-owls signals a threat to human health and
well-being in the future. He noted that the planet has
evolved with a system of checks and balances through its
diversity of plant and animal life. If humans continue
to upset the balance, the ultimate loser will not be a
few owls, but the very survival of mankind. He asserted
that even if we survive our constant meddling with nature,
it will be a living standard much different from what
we presently enjoy.
- Another resident
of the 16-square-mile area noted in regard to the fringe
nature of the pygmy-owl habitat in this area, that some
biologists say fringe members of a species are the most
important to protect, more than core members, because
that is where adaptation and diversity occurs.
* * *
The
Endangered Species Act and its Administration
A number of people
commented and asked questions regarding the consequences
of the Endangered Species Act legislation, its authoritative
basis, and how well it is being administered. The questions
and comments have been summarized below:
Question: The
Endangered Species Act hasn't been reauthorized since 1994.
Why is it still impacting us?
Answer:
Congressman Kolbe:
Congress reauthorizes it via appropriation every year, and
this is typical for legislation. A similar example is the
State Department. It hasn't been "reauthorized"
since 1980, but it is funded by Congress every year, and
so continues to be in existence.
Question: What
about the taking of equity from people who can't defend
themselves and can't predict issues arising such as what
has occurred with the pygmy-owl. Can't they be compensated?
Answer:
Congressman Kolbe:
Some bills have been introduced in Congress that would provide
compensation, but compensation plans are complicated and
expensive. These proposals have not been very successful.
Question: Why
did it take so long and so many lawsuits for the owl to
be listed? Couldn't Amphi have avoided its problems if the
owl had been listed in a timely fashion?
Answers:
Suckling: Fish
and Wildlife is supposed to act on petitions for listing
of a species as endangered within two years. We petitioned
in 1992, and so we should have had a decision in 1994. It
was finally listed in 1997, five years and three lawsuits
later. There have been systematic problems with getting
listings in a timely fashion from Fish and Wildlife.
Ashe: Fish and
Wildlife gets sued by all sides with interests. Some feel
we go too far; others, not far enough. The problem is that
we are spread very thinly, with just under 8,000 people
nationwide to manage 93 million acres of the National Wildlife
Refuge system and migratory birds, and to implement the
Endangered Species Act. We prioritize, and people sometimes
think our priorities should be different.
Question: Will
there be a Recovery Plan for the owl?
Answer:
Kaufman: Yes.
I will select a recovery team to write a recovery plan.
The selection process has begun; money will be allocated
for carrying out the Recovery Plan once the team has let
me know what will be required to recover the owl. We are
proceeding with this process as quickly as possible.
Related Comments:
- A resident
of Oro Valley thought that we should be more realistic--there
is no definite habitat established for the owl, and the
figure of 1.5 million acres of what could be the habitat
leads to a no-win policy.
- An environmental
scientist thought that the Fish and Wildlife Service is
being very political by being too vague and not giving
straight answers, instead of taking the decisive actions
it is required to take by the Endangered Species Act.
* * *
Amphitheater
School District's Plans for a New High School
There were a
number of questions and comments about the school board's
plans and decisions, whether the building of the school
at the selected site would endanger the owl, and how the
need for additional classroom space would be met given the
controversy. These are compiled and summarized below.
Question: Would
the building of the high school on the current site significantly
harm the owl? Are there other sites on which the high school
could be built that would be less impacting?
Answers:
Shaw: No single
development project of this scale, alone, would be the last
straw that causes the loss of the owl. It is the collective
development decisions that result in the loss of a species.
Miller: It is
not just the development of the high school itself, it is
the cumulative impacts it would bring, including the building
and widening of roads, increased transportation in the area,
and so on. This area represents one of the best examples
of desert scrub with excellent mature ironwood species.
Why locate the high school this far west, when the needs
are greater for a location in the north and farther east?
Suckling: Our
certified pygmy-owl biologist found 14 sites for sale within
Amphi District which have no, or minimal, owl habitat.
Question: Why
did the Amphi School board break off the 404 permit application
process? Does this mean that it will just go ahead and build?
[Editor's note: the 404 process is a component of the Clean
Water Act governing dredge and fill activities in waterways
and wetlands. It applied to the initial building plans for
the new high school, which incorporated a wash into the
building site].
Answer:
Woodard: We broke
it off one month ago, when we changed our plans for siting
the school on the property we have. We plan to purchase
additional acres so that the school can be sited differently,
not affecting the wash and, thus, not involving the Army
Corps of Engineers. In fact, current plans go beyond what
had been contemplated for protecting the owl. Breaking off
the 404 permit application process does not mean that we
have avoided considering potential impacts to owl habitat.
We still have permits to secure, and we are still subject
to a lawsuit if we take an owl, which we do not intend to
do. We won't build if it means taking an owl. But no owl
has been seen there in two years.
Question: What
scientific advice is the Amphi School Board getting?
Answer:
Woodard: The
district has hired Mary Darling, a biologist certified by
the federal government to study the pygmy-owl. She is one
of only a few people in the country certified to study pygmy-owls.
We are also talking with Arizona Game and Fish.
Related Comments:
- Some parents
in the district expressed concern that their children
are bearing the brunt of the controversy, and overcrowding
is seriously impacting kids.
* * *
Economics/Development
Impacts
There was one
question and a number of comments about how the owl's endangerment
affects homeowners, builders and developers, and other more
general economic impacts.
Question: What
constitutes an acceptable survey for a property owner to
perform in order to be permitted to use the land they own?
Answer:
Taubert: The
current survey standards include an on-site inspection,
calling with an audiotape and hopefully getting a response.
Currently, only certified pygmy-owl surveyors are allowed
to call for these owls for project clearance purposes. These
surveys are done at certain times of the year, and for a
one year period. If, in that time, no owls are found on
the property, the property may be cleared. Survey Protocols
may be obtained from the U.S. Fish and Wildlife Service
or Arizona Game and Fish Department.
Related Comments:
- A developer
voiced support for the Endangered Species Act (ESA), noting
that it was passed 32 years ago by an overwhelming majority
of both parties and signed into law by President Nixon.
He noted that although there are horror stories with any
regulation or law because nothing is perfect, the ESA
is not that hard to work with. He asserted that we need
to cooperate to preserve the natural beauty that people
want in Arizona, even if it costs a few more dollars.
- A resident
of the 16-square-mile area said that development has not
been handled responsibly--the valley is disappearing to
developments placing between five and seven houses per
acre, and it's ugly.
- An audience
member reported that he had not seen a real estate sign
on the property of the elderly couple cited by Lurie to
illustrate the problems for homeowners in dealing with
the pygmy-owl issue, and that this couple had actually
gotten permission from Fish and Wildlife to remove hundreds
of trees worth thousands of dollars on their property.
Lurie responded that he had only passed along what the
woman had told him.
- A researcher
at The University of Arizona contradicted claims by Ashe
that protection of endangered species and economic growth
are not incompatible. Citing his own doctoral dissertation
research, the researcher noted that virtually all 1100
endangered species are threatened by human economic activity,
and it is a function of both population size and per capita
consumption. There is a definite conflict between species
conservation and economic growth because growth is based
on consumption of natural capital--forests, water, fossil
fuels, etc. He felt that the only hope is to move towards
a steady state economy, not an economy based on growth.
And such a change would require strong and daring political
leadership.
* * *
Conflict
and Cooperation
There were a
number of comments and questions that addressed the conflicts
between interests and how the issue might proceed toward
some resolution. Comments and questions are summarized below.
Question: [directed
to Suckling] Are you willing to help to reorganize, look
at plans, and find a way to compromise and build the school
on this site, rather than all this fear-of-development rhetoric
we've been hearing tonight?
Answer:
Suckling Yes.
We're willing to work with the school district and anybody
who can help us find a solution to this problem that will
work. We took the step of hiring a pygmy-owl biologist--someone
certified to go out an survey for the species--to identify
a number of other potential sites for sale within the school
district, to see if other sites are better for the pygmy-owl.
The biologist found 14 sites for sale that are better for
the pygmy-owl--where there's no or minimal habitat. So,
if we look more and do research, there are solutions out
there for this. [Editor's note: a copy of the report is
available at the Southwest Center for Biological Diversity].
Question: [directed
to Kaufman] Are you willing to make a decision that will
fulfill your legal obligation to enforce the Endangered
Species Act with respect to the owl?
Answer:
Kaufman: There
is not one decision, but a host of decisions to be made
with respect to the pygmy-owl, requiring input from a host
of persons. There is an intelligent way to approach development,
and we're willing to work with everyone to allow development
and protect the owl.
Question: There
have been powerful arguments made here tonight for a collaborative,
region-wide comprehensive planning process. What could Fish
and Wildlife officials do to help us put this together?
Answer:
Ashe: We can
help take the next step by convening a workshop, maybe with
the help of the Udall Center, to take the next step in the
discussion. Almost every speaker has talked about a regional
approach to planning and development; there's a consensus
emerging. We've had some successes with regional approaches
through habitat conservation plans. We'd be willing to come
to Tucson to bring our expertise from around the country.
Comments:
- A resident
of Oro Valley suggested that the idea that "we need
a plan we can all agree on" is impossible. There
will never be 100% agreement on anything.
***
Concluding
Remarks
Congressman Kolbe
invited panelists to respond to the following questions
and/or give other final remarks to the forum.
1. What have
you heard tonight that represented a new insight for you
or that was a new fact of which you had not previously been
aware?
2. Can you suggest
some specific recommendation(s) for how to proceed with
a process that will lead to satisfactory resolution of the
issues raised tonight?
Shaw:
It is gratifying
to see so much interest in the proceedings tonight. It's
been a healthy dialogue if it only succeeds in moving the
process to development of a recovery program that will lead
to getting the pygmy-owl off the endangered species list,
and in getting a new look at and new energy for comprehensive
regional planning.
Woodard:
My interest is
narrower than others. As a member of the Amphi School Board,
I have to provide more classrooms. We have severe overcrowding
now, and it is worsening. The issue will be settled eventually,
but children will be damaged in the meantime. In study after
study, large, overcrowded high schools have been shown to
have negative impacts on high school students. We desperately
need leadership here. Representative Kolbe can call meetings
and provide a forum, but he's not part of the administration
and can't do what Fish and Wildlife is supposed to do. Our
biggest frustration has been to figure out what Fish and
Wildlife is telling us. The offices in D.C., Albuquerque,
and Phoenix say different things. You can even talk to different
people in the same office and you don't hear the same thing.
We need to get the responsibilities of Fish and Wildlife,
Arizona Game and Fish, and the county clear. Who does what?
A lot of perceived conflict at the table is really from
frustration over not knowing what the rules are and where
we're going, and why we can't get moving now.
Miller:
I'm a father
and the husband of a teacher in the Amphi district, and
it's in my best interest to solve the problem of overcrowded
schools, because I have to deal with the frustration every
night. I believe we can solve this constructively, but the
high school should not be developed at this location. I've
offered the resources of Defenders of Wildlife--with its
over 300,000 members--to help resolve the issue, whether
that be in creating an alternative site. It's been declined
repeatedly. Others have made similar offers at public forums,
and they have been declined as well. It's despicable that
Amphi tries to use the owl to cover for a long series of
bad decisions. Pursuit of this site is unacceptable.
Lurie:
I thought this
was an information dissemination meeting. It was a great
idea, because there is still a lot of misunderstanding in
the community. This was a nice start. But, a lot of people
don't understand the important elements of this. I don't
think that the bird should have been listed. I have a question
for Fish and Wildlife, which I don't expect them to answer
now. It goes to the difference between a habitat conservation
plan (HCP) and a species recovery plan, which is more severe
and more expensive than an HCP. If I can't get the bird
off the endangered species list, is a Recovery Plan the
intent? Or, a series of HCPs?
Suckling:
The difference
between a Recovery Plan and an HCP is significant, and an
important question. However, Fish and Wildlife will do a
Recovery Plan; they have to do a Recovery Plan. The question
is, how specific will it be? Will it be vague, or specific
enough to give some real guidance?
A caution about
HCPs: 16 conservation organizations in Tucson sent a letter
to Fish and Wildlife asking them not to do habitat conservation
plans, because HCPs are not designed to recover a species.
HCPs were an amendment to the endangered species act to
allow development and to minimize damage. Instead, we need
to recover the pygmy-owl. The Recovery Plan should be a
vehicle for a land-management plan. We suggest that the
county, the cities, and towns all be involved in the Recovery
Plan, so it's not just the federal government imposing something
on us from outside. Instead, being part of the process,
local governments can feel ownership of the plan.
Mazzocco:
County government
will:
1. Continue to
give information to the public about where the habitat is.
We cannot enforce this, but we can let people know and people
can see if they have any responsibility regarding the endangered
species.
2. Continue to
cooperate with federal and state governments to create habitat
preservation opportunities, in use of bond money for our
open space acquisition in the Tortolita area to maximize
habitat protection.
3. Continue to
review our regulations.
I'm sure the
symbolism has struck a lot of people. We have the owl, which
is one of our ancient symbols of wisdom; we have the words
"endangered species"; and our land consumption
policies--all juxtaposed together. We need to balance our
community, economic, and environmental interests. How will
we educate our children, be responsible stewards of the
environment, and have sane development for a population
growth that is coming, whether you want it to or not. The
question I leave us all with here is this: Are we up to
the challenge?
Taubert:
We can't solve
the problem without more biological information. We need
surveys and life history information. Arizona Game and Fish
can assist with this issue. Call us if you think you have
an owl. We'll get someone out there to survey. If there
is one on your property, we can help you get through the
system, and we can make life easier. Habitat conservation
programs are very important to get parties together and
can help us come to consensus. Ramsey Canyon leopard frog
plan is working nicely. We are planning for the jaguar and
a multi-species conservation plan along the lower Colorado
River. This is the future. We need to be pro-active. There
is a bill now in Congress called "Teaming With Wildlife,"
and it would bring us $8 million to work on non-listed species.
Please look at this bill as a source of money for future
work.
Ashe:
Time and again,
we find implementation of the Endangered Species Act coming
up against core American values. It is not inconsistent
with those values, but it comes up against them--a school,
a highway, a timber harvest, dredging, public recreation
at beaches...
We need to step
back, cooperate, gather information on species, and look
at the picture with a wider-angle lens. We can usually find
solutions that work for the community and for the species.
It is not easy and it doesn't happen overnight. And we have
to manage in the meantime, because life goes on. We can
achieve a wider view with tools like HCPs. If we don't take
action, our flexibility narrows over time. Landowners, communities,
school districts at the end of the line, get the hardest
deal because there's little flexibility when dealing with
small numbers of the species, and very fragmented habitat.
We need to look
at the issue through a wider angle lens. We need better
information. Arizona Game and Fish has the best historical
information; we need better surveys. We need to get better
information to landowners and be able to give advice to
people. What does/does not constitute take? We're trying
to tell them.
I heard a lot
of consensus about the need for a regional approach. There
is a difference between a Recovery Plan and an HCP. The
Recovery Plan is a broad-based guidance document, not a
regulation tool. It tells us the steps to reverse a process
of endangerment over the long term. It's a long-term proposal
that goes back through the listing factors that told us
to list the species as endangered in the first place and
how to reverse those processes so that they no longer exist
and the species can be removed from the list. Hopefully,
this will happen for the grizzly in Yellowstone.
A habitat conservation
plan is different. The community needs to decide if it's
the right tool. I heard frustration that we need more from
Fish and Wildlife. The HCP process begins with a proposal
from developers, residents, or other locals. We don't propose
them. However, we'll help. We'll come to Tucson if local
people want to develop one. We've done this 200 times last
year.
Like Bill Shaw,
we don't know if there are far sighted solutions for the
pygmy-owl, but we can and should try. Our record shows that
if we work together, we can get there from here.
***
Appendices
For
Further Information
| Congressman
Jim Kolbe
1661 N. Swan Road, Suite 112
Tucson, AZ 85712
(520) 881-3588
http://www.house.gov:80/kolbe/
Kirk
Emerson or Rick Yarde
Udall Center for Studies in Public Policy
The University of Arizona
803/811 E. First Street
Tucson, AZ 85719
(520) 621-7189
http://udallcenter.arizona.edu/
Dan
Ashe
Deputy Director
U.S. Fish and Wildlife Service
Department of the Interior
1849 C Street, NW, Room 3256
Washington, DC 20240
(202) 208-6541
http://www.fws.gov/
Bruce
Taubert
Assistant Director of Wildlife Management
Arizona Game and Fish Department
2221 W. Greenway Road
Phoenix, AZ 85023
(602) 789-3301
http://www.gf.state.az.us/
Jim
Mazzocco
Planning Official for Pima County
210 N. Stone
Tucson, AZ 85701
(520) 740-6800
Nancy
Kaufman
Regional Director
U.S. Fish and Wildlife Service, Region Two
P.O. Box 1306
Albuquerque, New Mexico 87103
(505) 248-6282
http://ifw2irm2.irm1.r2.fws.gov/ |
Kieran
Suckling
Executive Director
Southwest Center for Biological Diversity
5453 E. 9th Street
Tucson, AZ 85705
(520) 624-7893
http://www.sw-center.org/
Alan
Lurie
Executive Vice President
Southern Arizona Home Builders Association
2840 N. Country Club Road
Tucson, AZ 85716
(520) 795-5114
Craig
Miller
Southwest Representative
Defenders of Wildlife
6020 S. Camino de la Tierra
Tucson, AZ 85746
(520) 578-3223
http://www.defenders.org/index.html
Gary
Woodard
Vice President
Amphitheater School Board
791 W. Wetmore Road
Tucson, AZ 85705
(520) 792-9591
http://www.amphi.com/
William
W. Shaw, PhD
Professor and Chair
Wildlife and Fisheries Sciences
The University of Arizona
P.O. Box 210049
Tucson, AZ 85721
(520) 621-7265
http://www.srnr.arizona.edu/
WFSC/wfscb.html/ |
Submitted
Comments
- Submitted
Comments (pdf, 2 MB). Requires Adobe
Acrobat (free).
(This portion of the Digest is available in Adobe PDF
format for easier viewing and printing.)
The following
people submitted the attached comments to Congressman Kolbe's
office after the forum.
Mrs. Diana O.
Bender
Nancy A. Belt, Land Development Consultant
Becki Clayborn
Coalition of Conservationists
Steve M. Dolan
Patty Estes
Richard E. Genser
Mark Heitlinger, Landscope, Inc.
Andrew R. Holdsworth
Peter Ianchiou
Ronald C. Johnson
Kristin Koons
Alan Lathrem
Kevin B. McHugh, Co-chair, Desert Watch
Bill Meyer
Paula Nasiatka, Acting Superintendent, Saguaro National
Park
No Name Provided
Hillary Oppman
Joe M. Parsons, President, Parsons Ranches and Southwest
Cattle Association
Gary A. Perry
Barbara Rose
Allan Sanchez, Hydrologist
Warren D. Thompson
Mr. & Mrs. Ted Widger, Sr., Owners, Arbor Tree &
Cactus Nurserymen
Nancy Zierenberg
|| Udall
Center ||
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