CAPITOL FLYER

Friday, September 7, 2007

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Capitol Flyer is intended to keep you abreast of the latest developments in Washington affecting the National Wildlife Refuge System.

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Table of Contents:

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Little Pend Oreille NWR Plan to Eliminate Cattle Grazing Upheld

A decision to terminate cattle grazing at the Little Pend Oreille National Wildlife Refuge (NWR) in the northeast corner of Washington was upheld in federal court August 20th, by Judge Edward Shea. The judgment was in response to a lawsuit brought by Stevens County, the Stevens County Cattleman's association, the Farm Bureau and the three cattle ranchers who held grazing permits (Stevens County v. U.S. Department of Interior). The ranchers had been asked six years ago to find alternative-grazing lands when it was determined cattle grazing was causing severe damage to the refuge, specifically in sensitive riparian areas. The Friends of Little Pend Oreille intervened in the lawsuit, in support of the FWS.

In 2000, as part of a Congressionally-mandated planning process that calls upon each refuge to create a plan on how to best to manage the refuge and guide decision-making, the U.S. Fish & Wildlife Service (FWS) determined that cattle grazing was causing severe damage to the refuge. Called a Comprehensive Conservation Plan, or CCP, each refuge nationwide must complete such a plan by 2012 as outlined in the 1997 Refuge Improvement Act.

The groups that sued the FWS claimed that when the Service issued the decision to terminate the grazing program, they violated several federal laws including the Refuge Improvement Act and the National Environmental Policy Act. The Little Pend Oreille NWR's CCP was one of the first in the nation, and this decision sends a clear signal that the FWS is doing exactly what Congress told them to do, and may result in practices being terminated that have occurred on refuges for decades.

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Luxury Homes in Whooping Crane Critical Habitat?

A Texas developer has proposed building a 700-acre luxury housing sub-division next to the Aransas NWR on the state's central Gulf Coast, and a portion of the development would impact critical whooping crane habitat. The population of whooping cranes that inhabits the Aransas NWR is the ONLY wild flock in existence. They spend their summers at the Wood Buffalo National Park in Canada and in the fall, migrate 2400 miles south to the Aransas NWR.

Whooping cranes are critically endangered; approximately 300 are left in the wild and are protected by the Endangered Species Act. Whoopers, as they are commonly referred to, numbered as high as 1400 in the mid-19th century but due to hunting and habitat loss they declined rapidly to their all time low of 16 in 1941. Currently, there are approximately 500 whoopers left, with about 200 in experimental programs where they are taught migration paths by following ultra-light aircraft from the Necedah NWR in Wisconsin to their wintering grounds at the Chassahowitzka NWR in Florida.

The proposal by Seadrift Ranch Partners, Ltd. would build two marinas, several canals and channels, as well as luxury homes. Such intensive development and disturbance could have serious ramifications for the whoopers that depend on the refuge to roost in the evening and the adjacent lands to feed and find fresh water during the daytime. In addition, the development could have harmful effects on numerous other bird species that are protected under the federal Migratory Bird Treaty Act of 1918 and other subsequent agreements. These agreements, signed by the U.S., Canada, Mexico, Russia and Japan protect more than 800 species that travel between the countries.

Seadrift has asked for a permit from the Army Corps of Engineers (Corps) to proceed, but a development of this magnitude must have rigorous review. Thus far, a developer-hired consultant has conducted the only data collection on the impacts to wildlife. The National Wildlife Refuge Association (NWRA), along with several conservation partners -- including concerned advocates like you -- urged the Corps in a formal comment period ending September 1st to reject the developer's permit until the FWS is able to conduct comprehensive studies on the impacts to cranes and other migratory birds. The Corps is currently reviewing the comments and should make a decision this fall. Stay tuned to future issues of the Capitol Flyer for more information.

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Ship owner pleads guilty to 2004 soybean spill at Alaska Maritime NWR

On August 22nd, the owner of the Selendang Ayu, a freighter that spilled 66,000 tons of soybeans and 340,000 gallons of fuel within the Alaska maritime NWR on December 8, 2004, pleaded guilty to violating the Refuse Act and the Migratory Treaty Act.

The spill, highlighted in the 2005 NWRA publication Beyond the Boundaries (http://www.refugenet.org/new-pdf-files/BeyondtheBoundaries.pdf) which outlined threats refuges face from outside pressures, was the worst oil spill affecting U.S. waters since the 1989 Exxon Valdez. Tragically, six crew members died and the impacts on wildlife were widespread. Clean up took over a year and a half with a cost of more than $100 million.

The plea agreement called for the shipping company to pay $10 million in fines in addition to paying for the cleanup. $1 million of the fine will go to the Alaska Maritime NWR.

Refuges face threats from beyond their boundaries - no matter how remote they are - and the National Wildlife Refuge Association has embarked on a campaign designed to create buffers and corridors around refuges, strengthening the biological integrity of not only refuges, but surrounding lands and waters. To find out how you can help protect your national wildlife refuge from threats beyond its boundaries, contact NWRA at nwra@refugenet.org

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Appropriations Update for the National Wildlife Refuge System - Fiscal Year 2008

The NWRA and partners in the Cooperative Alliance for Refuge Enhancement (CARE) are working to ensure the Refuge System receives an increase in funding for its Operations and Maintenance accounts for next year. Flat budgets and cuts have forced refuges to lay off staff and curtail many vital activities. Currently, as reported in past issues of Capitol Flyer, the House has passed a funding allocation of $451 million, which would fund the system at the amount allocated in FY04, adjusted for inflation. The Senate's allocation, passed by the full Appropriations Committee and awaiting a floor vote, falls well below this at $414 million.

With the federal government's fiscal year ending on September 30th, time is running out for Congress to complete work on the Interior Appropriations bill, as well as other spending bills. To ensure the government is not shut down, Congress is expected to pass a Continuing Resolution, or "CR." This will continue to fund government programs at FY07 levels and allow Congress more time to work through the appropriations process. Hill insiders expect that several appropriations bills could be rolled into a much larger bill, or "omnibus," later in the fall. NWRA and its conservation partners in CARE will work to ensure the funding levels for FY08 are as close to the House passed bill as possible.

To help, send an instant message to your U.S. Senators by visiting the NWRA homepage (www.refugenet.org) and clicking on the Action Alert.

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Take Action!

You can make your voice heard by utilizing the Refuge Action Network (RAN), a free, fast and easy way to respond to important national wildlife refuge alerts. Using the RAN system, you can send an e-mail or fax (even if you don't own a fax machine) to your elected officials with a click or two of your mouse. Just visit refugenet.e-actionmax.com to get started.

Please visit the NWRA Web site, at www.refugenet.org, and click on "Take Action" for more information.

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Capitol Flyer, a monthly e-newsletter from the NWRA, is prepared by Desiree Sorenson-Groves, NWRA's Vice-President of Government Affairs. For additional information, please contact dgroves@refugenet.org.