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Critical habitat lawsuit filed
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Tony Frates
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Sep 27, 2004 11:01 PDT
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Center for Biological Diversity . Utah Native Plant Society
NEWS RELEASE - for immediate release September 27, 2004
BIOLOGISTS GO TO COURT FOR MOJAVE RARE PLANT HABITAT
Contact: Tony Frates, Rare Plant Coordinator, UNPS 801.277.9240
Daniel R. Patterson, Ecologist, Center 520.623.5252 x306
WASHINGTON DC - The Center for Biological Diversity (Center) and Utah
Native Plant Society (UNPS) filed a lawsuit today against the Bush Fish &
Wildlife Service (FWS) challenging their failure to designate critical
habitat and to implement a recovery plan for two endangered Mojave Desert
plants, the Holmgren milkvetch and the Shivwits milkvetch, as required by
the Endangered Species Act (ESA). FWS did not respond to a May notice of
intent to sue.
Initially discovered in 1941 but not rediscovered again until 1979, the
rare Holmgren milkvetch (Astragalus holmgreniorum, named in honor of Drs.
Noel and Patricia Holmgren and also known as Paradox milkvetch), and the
Shivwits milkvetch (Astragalus ampullarioides, also known as Shem
milkvetch, in reference to a site where the species was first found in
1976) were both listed as endangered species by FWS on 9/28/01, under an
agreement with the Center. Both species occur only in Washington County
near sprawling St. George, Utah (except for a small area just over the
state line in Mohave County AZ historically occupied by the Holmgren
milkvetch, but the plant may now be extirpated there).
There are only three known populations of Holmgren milkvetch. The primary
population lives within a limited area south of St. George along the Utah-
Arizona border. This population is seriously threatened by a proposed
interchange that would connect I-15 to the proposed Southern Corridor
highway, as well as urban sprawl planned by the state of Utah, and other
habitat loss that would follow the highway.
The Shivwits milkvetch lives on only five known sites. Most habitat at
one site that formerly harbored several hundred plants was nearly
destroyed by a recent golf course development. Both species are also
threatened by non-native invasive plant species, off-road vehicles,
mining, and livestock grazing.
Habitat destruction is the primary threat to both of these endemic
species. "These species are truly in peril", said Dr. Renee Van Buren, a
Botanist with Utah Valley State College who specializes in endangered
species. "Critical habitat protection is essential to prevent their
extinction, and promote recovery."
A primary purpose of the ESA is to provide a mechanism so that ".the
ecosystems upon which endangered species and threatened species depend may
be conserved." These species are severely restricted geographically, just
as if they were living on islands. Typically rare plant species have
adapted to specific soil types and microenvironments outside of which they
cannot survive. This includes a complex association with other species,
including ground nesting, solitary native bees (rare plants usually do not
self-pollinate). Therefore, it is essential to protect the habitat in
which these plants thrive in order to ensure the continued existence of
these species.
FWS' own data proves that endangered plants & animals with critical
habitat are less likely to be declining, and twice as likely to be
recovering, than those without. Yet, FWS has designated critical habitat
for only 37% of endangered wildlife in Utah.
While not the case for most of Utah's 24 federally listed plant species,
FWS found that designating critical habitat for the Holmgren milkvetch and
the Shivwits milkvetch would be prudent and beneficial to the species.
Yet 3 years after listing, FWS still has not designated critical habitat
or finished recovery plans for the two species as required by U.S. law.
Private landowners are not affected by the federal listing of plant
species, nor the designation of critical habitat.
"Critical habitat works - it's the most important action to recover
endangered species," said Daniel R. Patterson, Ecologist with the Center.
"As wildlife habitat in the Mojave Desert is lost, so is the human quality
of life."
Utah has over 2700 species of native plants and it is estimated that over
10% of these are globally rare and potentially vulnerable. The extent to
which a species is considered rare involves a variety of factors including
the number of populations and remaining individual plants, and the area
over which it occurs.
Plaintiffs are represented by attorney Robin Cooley of the Center's
Environmental Law Clinical Partnership at the University of Denver College
of Law.
More on the conservation and recovery benefits of critical habitat:
http://www.biologicaldiversity.org/swcbd/programs/policy/ch/sub1.html
Holmgren milkvetch, a Mojave Desert member of the Pea Family, has
attractive white-tipped purple flowers.
Holmgren milkvetch plants only live for 2-3 years and need specialized
habitat.
Shivwits milkvetch, also a member of the Pea Family, has nice yellow
flowers.
Shivwits milkvetch has a longer lifespan, but can only live on the purple
clay soils of the Chinle formation.
Photos by Tony Frates, UNPS
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