[BCNnet] Great News on Caspian Terns

[Donald Dann]

BCNnet folks - This may have been posted but with the listserve shutdown,
I'm re-posting to make sure.  I received the following from the American
Bird Conservancy.
>
> Donald
>
> Donald R. Dann
> Highland Park/Lake County
> donniebird@yahoo.com
>
>
> >-----Original Message-----
> >From:	Gerald Winegrad [mailto:gwwabc@erols.com]
> >Sent:	Thursday, August 09, 2001 4:28 PM
> >To:	Donald Dann
> >Subject:	Big Victory for Caspian Terns!
> >
> >On Wednesday afternoon, August 8, Federal Judge Rothstein  issued an
> >18-page order in Seattle that was a complete and total victory for
> us
> in
> >the Caspian Tern litigation.  The Order requires the Army Corps of
> >Engineers to complete a comprehensive Environmental Impact Statement
> >(EIS) before any more government funds or efforts are spent on
> hazing
> or
> >destroying Caspian Tern or Cormorant habitat in the Columbia River.
> In
> >her order, Judge Rothstein also found that the U.S. Fish and
> Wildlife
> >Service erred in granting a permit under the MBTA for taking
> (killing)
> >birds without an EIS.  American Bird Conservancy, Seattle Audubon,
> >Defenders of Wildlife, and National Audubon Society sued in May 2000
>
> to
> >require the COE and FWS to complete a comprehensive EIS before
> >continuing to extirpate Terns from breeding islands in the Columbia
> >River estuary on the OR/WA border.  The Federal Judge ruled
> initially
> in
> >2000 in conservationists favor but the Corps and other agencies
> still
> >refused to conduct the scientific assessment required under NEPA in
> an
>
> EIS
> >and proceeded with their Tern policies.
> >We won on every claim and on every ground we asserted.  There were
> over
> >2000 pages of certified administrative record in the case.  Our
> motion
> >to strike 4 extra-record declarations was granted. Defendants'
> motion
> to
> >dismiss for mootness was denied.  The COE has to do an EIS because
> of
> >the uncertainty of the effects of the action, the cumulative
> effects,
> >and the "public controversy."  Furthermore, the EA the Corps has
> >contrived  was ruled insufficient (as ABC noted in its comments on
> the
> >EA) and FWS should have done an EIS on the MBTA permit too.  A
> footnote
> >explains that the reasoning applies to cormorants as well as to
> terns,
>
> a
> >real surprise as our suit was centered on Caspian Terns. Our motion
> for
> >permanent injunction was granted.  The operative language is
> "Defendants
> >are ORDERED to refrain from further action regarding Caspian tern
> and
> >cormorant habitat in the Columbia River estuary and to refrain from
> >harassing the Caspian terns and cormorants until defendants prepare
> an
> >EIS."  Finally, Judge Rothstein  ruled that  we are entitled to
> recover
> >our costs and our pro bono lawyer, Richard Smith of Seattle, will be
> >able to gain legal fees for representing us so well under the EAJA.
>
> ABC
> >had paid 1/3 of direct costs (transcripts, copying, mailing, faxes,
> but zero
> >for lawyer's fees).  Now we will get our costs returned (under a
> $1,000).
> >We and other groups such as the Pacific Seabird group, National
> Audubon,
> >Seattle Audubon, and Defenders of Wildlife had repeatedly commented
> >formally and in meetings over the last 3 years with federal and
> state
> >officials that such an EIS was required.  These pleas were ignored
> and
> >we sued.  We still contend there is no sound science to link Terns
> to
> >salmon declines or to impeding salmon recovery of listed species.
> We
> >continue to emphasize the need to concentrate on the FOUR H'S  that
> have
> >led to salmon declines and impede recovery: Hydro, Habitat,
> Hatcheries, and
> >Harvest.
> >Despite the presence of the largest Caspian Tern colony in the
> world,
> >many of them extirpated by natural and human induced changes to
> other
> >habitat, Chinook salmon returns to the Columbia have been the
> highest
> in
> >over 20 years.  The entire Rice Island Tern colony has been
> displaced
> to
> >East Sand Island due to habitat destruction and hazing. Birds were
> also shot
> >in the name of research.
> >The Tern colony hosts 30% of the total North American population of
> Caspian
> >Terns and 75% of the west coast population.  The Court's decision is
> a
> >victory for sound science as an EIS will examine the impact on the
> Terns of
> >moving these birds around as well as whether the Terns are having
> any
> real
> >impact on adult salmon returns.
> >Another Tern breeding site at the abandoned ASARCO superfund site
> was
> >destroyed in 2001 as part of its clean-up.  The Corps, NMFS, and
> state
> >fishery agencies have not re-established or created habitat outside
> the
> >estuary which is required under their own plan, except temporaily on
> a
> >barge. With the surprising aproval of the FWS, this successful
> >experiment to establish a Tern colony on a sand covered barge in
> >Commencement Bay was abruptly halted when Washington Fish and Game
> >destroyed the colony by taking all 933 eggs under a general FWS
> >scientific collecting permit.  The study was to determine if Terns
> would
> >breed and fledge young on the barge and to ascertain their diet.
> This
>
> year,
> >Caspian Tern numbers peaked at 16,000 adults on East Sand Island.
> The
>
> Terns
> >diet was 22% less salmonids than last year.
> >This case is important not only for the Caspian Tern and Cormorant
> >Pacific NW population, but for piscivorous birds all over the U.S.
> These
> >birds are being blamed for fishery declines and efforts are
> >underway, legal and illegal, to control populations. A nationwide
> EIS
> is
> >nearing completion on Double-crested Cormrant management and there
> is
> heavy
> >pressure on the FWS to permit populationm control of these species.
>
> We now
> >must watch for Congressional riders designed to over tern the
> Judge's
> >ruling.  A conference call among plaintiffs will be held next week
> to
> >discuss further actions under the ruling.
> >A joint press release is being coordinated with Defenders and ABC
> and
> all
> >the Plaintiffs.
> >This is the first and only litigation ABC has pursued.  I am
> convinced
>
> that
> >if we had not sued, the COE under pressure from NMFS and state
> fisheries
> >agencies, would have already or would be planning to haze and
> destroy
> >habitat to move most of the Terns out of the Columbia.
> >Thanks to all who supported our efforts. Stay tuned for more of AS
> THE
>
> WORLD
> >TERNS.
> >
> >
> >
> >
> >
> >_________________________________________________________
>
> >
> >
>
>
>
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>
>
>



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