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July 2007
Eight decisions made by a disgraced
Bush administration official under the Endangered Species Act could be
reversed after questions were raised about the integrity of the science
used and whether the decisions were made illegally, the U.S. Fish and
Wildlife Service said today.
The decisions in question were overseen by former Deputy Assistant
Secretary for Fish and Wildlife and Parks Julie MacDonald, who resigned
April 30 under a cloud of scandal.
Her resignation followed a Department of the Interior Inspector General's
report in March finding that MacDonald violated federal ethics rules by
leaking sensitive government documents to industry lobbyists, browbeating
U.S. Fish and Wildlife scientists, and illegally overturning scientific
recommendations to squelch protections for endangered species.
Deputy Secretary of the Interior Lynn Scarlett promised a Congressional
committee on May 9 that she would review endangered species actions that
MacDonald may have inappropriately influenced.
Scarlett asked U.S. Fish and Wildlife Service Director Dale Hall to review
MacDonald's decisions to determine if any of them should be revised.
Hall says he looked at "hundreds of actions" and identified eight
decisions that require further review. "Many other decisions influenced by
MacDonald involved application of law and policy that were within her
authority to make as deputy assistant secretary," he said.
"The integrity of the Endangered Species Act and the decisions made under
its authority depend on the rigorous and impartial analysis of scientific
evidence, as well as consistent application of the legal standards of the
Act and our regulations,” said Hall.
"When I became director I made scientific integrity my highest priority,
and these reviews underscore our commitment to species conservation, he
said.
The Service has already begun reviewing three decisions. The original date
of publication is included in brackets.
White-tailed prairie dog, 90-day petition finding (November 9, 2004)
Preble's meadow jumping mouse, 12 month petition finding/proposed
delisting (January 28, 2005)
12 species of Hawaiian picture-wing flies, proposed critical habitat
(August 15, 2006)
Five decisions require additional review, Hall decided.
Preble's meadow jumping mouse, final critical habitat (June 23, 2003)
Arroyo toad, final critical habitat (April 13, 2005)
Southwestern willow flycatcher, final critical habitat (October 19,
2005)
California red-legged frog, final critical habitat (April 13, 2006)
Canada lynx, final critical habitat (November 9, 2006)
Although MacDonald worked on other Endangered Species Act decisions, Hall
determined that her involvement in the outcome of those decisions did not
affect the species' status.
Some conservationists were cautiously optimistic that the reviews would
lead to better species protection.
"We applaud the agency's decision to take a look at species with whom
Julie MacDonald interfered, and we hope that it signals the beginning of
real reform at the Fish and Wildlife Service,” said Dr. Nicole Rosmarino
of Forest Guardians.
But some conservationists say the scope of the review of too narrow.
"Although we are glad these species will receive consideration for
additional protection, the list of decisions to be reconsidered is
outrageously incomplete and appears to be a token effort designed for
damage control and cover up, rather than an attempt to address the
problem," said the Center for Biological Diversity, CBD.
"Fish and Wildlife's reconsideration of eight decisions tainted by former
assistant secretary Julie MacDonald is a day late and a dollar short,”
said CBD conservation biologist Noah Greenwald.
"Despite no scientific training, MacDonald interfered in dozens of
scientific decisions concerning endangered species - only a full and
transparent accounting of all the decisions tainted by MacDonald's
malignant influence can undue the damage she has done," Greenwald said.
Greenwald says the list fails to include decisions to not list the Mexican
garter snake, to potentially delist the marbled murrelet, and to sharply
reduce critical habitat for the bull trout, even though regional directors
of the Fish and Wildlife Service specifically requested that these
decisions be reconsidered because of MacDonald's influence.
The list also fails to include reconsideration of critical habitat for a
fish called the Sacramento splittail, even though a story by the "Contra
Costa Times" newspaper revealed that MacDonald may have illegally limited
designation of its habitat to avoid an 80 acre farm she owns in Dixon,
California.
MacDonald's financial disclosure statement shows that she earns as much as
$1 million per year from her ownership of the Dixon farm.
MacDonald is known to have been involved in reversing numerous other
decisions by agency scientists to protect species, including the Gunnison
sage grouse, Montana fluvial arctic grayling, and the Southwestern bald
eagle, said Greenwald. "These decisions should also be reconsidered," he
said.
The Center for Biological Diversity and the Maricopa Audubon Society filed
a lawsuit in January challenging the Bush administration's suppression of
scientific reports concluding that the Southwestern bald eagle, also
called the Arizona bald eagle, should remain on the endangered species
list.
The suit seeks an injunction barring the U.S. Fish and Wildlife Service
from delisting the eagle and requiring it to incorporate the scientific
reports in its management plans.
Hall said, "We have acted to correct problems. Should our reviews indicate
that additional corrective actions are necessary, we will take appropriate
action as quickly as we can."
For more information on the decisions to be reviewed, please visit the
Service's Endangered Species Program website at:
http://www.fws.gov/endangered/
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