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http://www.bakersfield.com/state_wire/stor...p-3530326c.html

Federal appeals court says no protection for Northern Goshawk

By DAVID KRAVETS, AP Legal Affairs Writer

Monday July 21, 2003, 02:55:09 PM

SAN FRANCISCO (AP) - Thwarting environmentalists, a federal appeals court here Monday upheld the U.S. Fish and Wildlife Service's view that the Northern Goshawk don't need federal protection throughout the West.

The 3-0 decision by the 9th U.S. Circuit Court of Appeals came after 13 years of extensive litigation, in which environmentalists wanted the government to list the large raptor, usually found in the western United States, as endangered or threatened.

A contrary ruling could have impacted logging throughout the West. The American Forest & Paper Association filed briefs in the case, urging the court to side with the Fish and Wildlife Service's decision in 1998 not to grant goshawk protection under the Endangered Species Act. "Clearly, that was a concern of ours," said Michael Klein, a spokesman for the Forest & Paper Association, which represents 150 wood, pulp and paper companies, along with forest landowners. "But, where we were coming from, was this was essentially a frivolous lawsuit brought by activists who didn't know what they were talking about."

The decision upholds U.S. District Judge Helen Frye of Oregon, who in 2001 ruled that Fish and Wildlife Service officials did not "arbitrarily and capriciously" reject a petition by several environmental groups to have the goshawk listed.

Appeals Judge Donald P. Lay wrote the raptor has indeed declined since "European settlement of the western states." But Lay concluded the government undertook sufficient studies to determine "that the goshawk population is relatively stable at the broadest scale."

The Northern Goshawk is a bird of prey. It sports a black crown and cheeks and has a broad, white stripe over the eye. A male goshawk's wingspan typically reaches 39 inches. Female wingspans measure to 45 inches.

The U.S. Forest Service considers goshawks a sensitive species, a cautionary and pre-emptive threshold before a species reaches the threatened or endangered list.

Matt Kenna, an attorney for the Center for Biological Diversity, which sought the listing, said a ruling favoring goshawk "would have meant a reduction of logging."

"We think that was one of the reasons for the decision," he said. The center was considering its legal options, he said.

Blain Rethmeier, a Fish and Wildlife Service spokesman, said the government was "pleased with the decision."

In 1998, seven years after the lawsuit was filed, the Clinton administration concluded that data did not indicate the goshawk was in danger of extinction or likely to become so in the foreseeable future.

Generally, goshawk live in mature and old growth forests in all western states. Environmentalists asserted that it numbers have plummeted.

They say it has vanished from Southern California and the coastal mountains of Central California and has been virtually eradicated from the coast mountain ranges of Northern California, Oregon and Washington.

The center said the raptor has declined in Montana, Idaho, Arizona and New Mexico. Its viability is threatened in Nevada, Utah and Wyoming.

The case is Center for Biological Diversity v. Badgley, 01-35829.

---

Editors: David Kravets has been covering state and federal courts for a decade.

[Non-text portions of this message have been removed]
JET
[quote]The Northern Goshawk is a bird of prey. It sports a black crown and cheeks and has a broad, white stripe over the eye. A male goshawk's wingspan typically reaches 39 inches. Female wingspans measure to 45 inches.
[/quote]

The meat is gamey and tastes like rattlesnake. :devil:
Bluesky
my impression is that off-roaders don't care about their impacts to nature. They would rather let a species die off than restrict the impacts of their fun. Is that right?
JET
Does anyone have a good recipe for these?
downhillin1
I am so glad tha TROLLS are not a protected species! It would be even better if they were EXTINCT!!!
downhillin1
By the way, Jet. Try slow cooking them in a crock pot full of vegies and maybe some cream of mushroom soup. YUMMY!!!!!
JET
[quote]By the way, Jet. Try slow cooking them in a crock pot full of vegies and maybe some cream of mushroom soup. YUMMY!!!!![/quote]

Sounds good, I will try it out. I should probably shred the meat and serve it as a sort of stew. My set of desert tortoise shell bowls will be perfect for serving.

Thanks for the tip. smile.gif
downhillin1
[quote][quote]By the way, Jet. Try slow cooking them in a crock pot full of vegies and maybe some cream of mushroom soup. YUMMY!!!!![/quote]

Sounds good, I will try it out. I should probably shred the meat and serve it as a sort of stew. My set of desert tortoise shell bowls will be perfect for serving.

Thanks for the tip. smile.gif[/quote]

Are those the LIMITED edition California Desert Tortoise series dishes???? :dis: :grenade: :black:
JET
[quote][quote][quote]By the way, Jet. Try slow cooking them in a crock pot full of vegies and maybe some cream of mushroom soup. YUMMY!!!!![/quote]

Sounds good, I will try it out. I should probably shred the meat and serve it as a sort of stew. My set of desert tortoise shell bowls will be perfect for serving.

Thanks for the tip. smile.gif[/quote]

Are those the LIMITED edition California Desert Tortoise series dishes???? :dis: :grenade: :black:[/quote]

Thems be it. biggrin.gif
glamis5150
Very similar in taste to your California Condor
JET
I am guessing a dry white wine to go along with this?
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