http://www.fresnobee.com/state_wire/story/...p-7425486c.html
Delay on protecting endangered frog is illegal, suit says
By DON THOMPSON, Associated Press Writer
(Published Tuesday, April 1, 2003, 5:30 PM)
SACRAMENTO (AP) - The government's moratorium on new listings under the federal Endangered Species Act is illegally endangering a rare California amphibian, environmental groups claim in a lawsuit filed Tuesday.
The U.S. Fish and Wildlife Service imposed the moratorium in November 2000, citing a backlog of lawsuits over previous listings, and announced it would act only in response to court orders.
So environmental groups sued and won, forcing a decision on the Sierra Nevada population of the mountain yellow-legged frog. But the service decided in January that even though the frog merits protection, the service's employees and budget already are devoted to responding to other endangered species lawsuits.
"We agree the species is in trouble," said service spokeswoman Patricia Foulk. "But as of now, this is one more species that is, frankly, a victim of the litigation battles.
"One group sues us to take an action, another group sues us to back out of an action," Foulk said. "We're just chasing our tails around a tree. It's just tragic, really. I think conservation is the big loser."
In the meantime, she said, the service is working with the California Department of Fish and Game and the U.S. Forest Service to try to protect the frogs' remaining habitat, which may be 10 percent of its original range in the highest Sierra lakes, ponds, and streams.
The Center for Biological Diversity and the Pacific Rivers Council sued again Tuesday in federal court, this time to force the service to remove the species from what they called a "regulatory purgatory."
The decision leaves the frogs with no protection, nor is there a limit for the service to act. The average time a species has remained in that status before being added to the endangered species list is 17 years, the environmental groups said.
"They're basically saying the frog's nearing extinction, but we're not going to do anything about it," said Greg Loarie, who filed the suit for the environmental law firm Earthjustice.
The service reached a similar conclusion in December on the Yosemite toad, which has lost more than half its population in some areas, and the environmental groups are planning a similar lawsuit on that amphibian.
The yellow-legged frog was once the Sierra's most abundant species.
But the environmental groups - and the service itself - cite alarming declines in just the last few decades, which they blame on pesticides, air pollution, climate changes, disease, livestock grazing near streams and the stocking of nonnative fish like trout.
Population surveys in the John Muir Wilderness and Kings Canyon National Park showed a decline of more than 40 percent in just the last five to seven years. A population grouping of more than 2,000 frogs in 1996 had, by 1999, been reduced to just two frogs.
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