ISDRA Duners and Congressman Filner constituents,

As you may know, the Pierson's Milkvetch (PMV) weed is currently listed on the Endangered and Threatened Species List. We have filed a petition with the U.S. Fish and Wildlife Service (FWS) to de-list the species and are looking for Congressional support in this effort. Congressman Bob Filner represents the 51st congressional district that encompasses the ISDRA (Imperial County and southern San Diego County, see MAP ).

We are asking that constituents of Congressman Filner contact his office and request his support in the delisting of the PMV. We ask that after submitting your request for support by Congressman Filner that you follow up with a telephone call to his office to re-emphasize the importance of this delisting effort. Below is an example of a request that may be sent to Congressman Filner:


Congressman Filner,

As a voter in your Congressional District, I request your support in the effort to remove the Pierson's Milkvetch (PMV) from the Endangered and Threatened Species List by forwarding a letter to the U.S. Fish and Wildlife Service (FWS) stating your support for the Petition that has been filed for the de-listing of the PMV. I understand you have you have been provided a draft letter for your consideration. I encourage you to support the de-listing as the FWS is currently reviewing a de-listing Petition. The de-listing of the PMV is clearly warranted based on recent monitoring studies conducted by the Bureau of Land Management. Thank you for your prompt attention to this request.

<Your Name>
<Your Mailing Address>
<Your Phone Number>




Congressman Filner may be contacted by constituents of the 51st district
at: http://www.house.gov/writerep/

Those outside of Filner's Congressional District may send a fax to:
Community Offices:
333 F Street,
Chula Vista, CA 91910
Phone: (619) 422-5963
Fax: (619) 422-7290

Suite A 1101 Airport Road, Suite D
Imperial, CA 92251
Phone: (760) 355-8800
Fax: (760) 355-8802

Washington, DC Office:
2428 Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-8045
Fax: (202) 225-9073

If you do not reside in the 51st Congressional District and wish to support this effort please make the appropriate changes to the request above.

We need Congressman Filner's support in delisting the PMV and appreciate your support in this effort.

A quick but serious question here Hozay.

Since the administration (President) is in charge of the agency (USFWS) here, what does this letter writing campaign hope to accomplish?

I'm not sure what you mean

The letter writing is requesting Rep. Filner to submit a letter (which he already has in DRAFT) to the USFWS in support of the delisting petition. We hope to get Congressman Filner's support first, then we can request the same of other members of Congress.

Congressional support of the delisting petition will only help our chances of it becoming a reality.

This could be an interesting test of Filner's "friendship."

He is not a friend of off-road rights. Yes, he has written a couple letters seeking funding for Glamis... certainly nothing that would alarm his constituents since that same funding can used to "protect" the dunes from what they claim is a lawless and careless bunch of land users.

But this... this is something entirely different. This would put him directly at odds with his community.

Very interesting.

Anyone taking bets?

Would love to see the letter before asking him to support it... since it is out there already in draft form, how about posting it here so we know exactly what "we're" asking him to do before we commit?

VickiW

In DRAFT form:

QUOTE

The Honorable H. Dale Hall

Director

U.S. Fish and Wildlife Service

1849 C Street, NW

Washington, DC 20240



Subject: Petition to Remove Peirson’s Milk-Vetch

(Astragalus Magdalenae var. peirsonii) from the

Endangered Species List



Dear Director Hall:



The Peirson’s Milk-Vetch (PMV) is a Federally Listed Threatened Species on the Endangered Species list since 1998.



As a result of a lawsuit in March 2000, the Bureau of Land Management (BLM) agreed to close nearly 50,000 acres of land within the Imperial Sand Dunes Recreation Area (ISDRA) in Southern California to vehicle use. This had a devastating impact on the recreational users of the ISDRA. Nearly two million people each year visit the dunes, most to engage in motor vehicle activities on the dunes. Not only did the closure severely impact their ability to engage in these uses, the small businesses in Imperial County that serve the recreational users at ISDRA were commensurately impacted as well. As a result of this, certain user groups challenged the closure in October 2001.



Understanding the importance of the Endangered Species Act in protecting legitimately threatened and endangered species, and the Fish and Wildlife Service's history in correcting situations in which species were mistakenly placed on the Endangered Species List, the user groups decided that the best strategy would be to undertake a comprehensive survey of the ISDRA to catalogue the prevalence of PMV and its associated "seed bank". On the merits of data collected by qualified experts, the De-listing Petition argued that the original decision to list the PMV in 1998 was in error and that recent empirical data concludes that the plant is abundant, thriving and not seriously threatened by user groups, including off-road highway use or other human activities and no longer requires the protections afforded by the Endangered Species Act.



As such, under the Endangered Species Act and its implementing regulations, interested entities, interest groups and persons may petition the Department of Interior (DOI) to have plants and animals removed from the list of threatened and endangered species. 16 U.S.C. § 1533(b)(3)(A). Moreover, an individual’s right to challenge a final rule by a Federal Agency, such as a threatened species listing by the DOI, is protected and guaranteed under the Administrative Procedures Act. 5 U.S.C. § 553(e).



We believe DOI has the responsibility to process a Petition to remove a species from the threatened and endangered list in the same way it processes a petition to add a species to that list.



In June of 2007, the Sacramento Regional office forwarded a De-listing Petition to Washington, DC regarding the PMV.



My colleagues and I eagerly await the expedient review and findings on merit of this Petition. Imperial County and the over 160,000 residents who reside there are long overdue equitable economic consideration, as are the vast numbers of Californians who seek wholesome family enjoyment in the Imperial Sand Dunes Recreation Area.



On behalf of my District and my colleagues who collectively represent nearly ___ million people in California, I want to thank you for your consideration of our comments. I have asked ___________ of my office to monitor the status of this Petition closely along with the DOI’s Congressional Liaison office.



Sincerely,







Member of Congress





cc: The Honorable Dirk Kempthorne

Secretary of the Interior

Additioonally, here is a letter that Rep. Duncan Hunter has already sent: Click to view attachment

I didn't know that letters from anyone (including Congress) had any real weight on the decision USFWS makes.

It is my understanding the decision has to be based upon scientific criteria. The rational for public comment is to direct the agency to where they may have missed something.

I don't believe the Agency can use as rational (for its decision) anything that might be arbitrary or capricious under the APA.

Don't get me wrong here Hozay, its great to see that the Congressman might sign some letter of support for delisting, but I can't understand how his letter and what it contains carry's any real weight that the agency can use for foundation for its decision.

But if you and/or ASA believe that having him sign such a letter is important, then by all means - those so inclined might want to contact him.

Oh, I think I now understand that what you are attempting to accomplish is to get Congressional support in an attempt to get a decision rendered.

I don't take issue with this approach.

Thanks Hozay! So Filner's not being asked to actually support the petition or call for a delisting but rather, the letter is asking for help in getting the Fish & Wildlife to respond to the petition, right?

Vicki

That is correct

Hozay, on an editorial note the paragraph that begins "In June of 2007, the Sacramento Regional office" needs a little cleaning up... the first question my attorney asked was "Sacramento Regional office of what?

The letter seems disjointed... the paragraph that begins "As such" speaks in generalities about remedies within the Endangered Species Act and yet it follows a paragraph that speaks very particularly about the PMV.

And then it jumps from explaining that a petition was filed in June of 2007 (only 4 months ago) to eagerly awaiting the findings on merit and then we reach the end with no specific relief requested (like maybe "Please exert pressure to get this thing reviewed" or better yet "Please exert pressure to delist this PMV via the June 2007 petition).

The letter lines out the procedures and then states that the procedures are not being followed and then states that people are waiting for the procedures to be followed, but does not ask for help in getting the procedures to be followed, just hoping the reader takes the hint.

Very passive-aggressive.

VickiW

I appreciate your comments and will forward them on, after reading it again I gotta agree

Thanks Hozay. You may want to do a little re-write of your "sample" letter in the first post so that people aren't misrepresenting anything to Filner and no one is confused as to what they're asking or what he's giving.

Asking him to support the delisting of an endangered species is quite different than asking him to get help making the FWS respond to the petition and at this point that sample email/fax/letter jumbles it all up.

VickiW