COALITION FILES SUIT TO STOP SHINER DESIGNATION

A coalition of ag groups including the Texas Cattle Feeders Association (TCFA) yesterday filed a lawsuit in Federal District Court in Albuquerque , N.M. that challenges the U.S. Fish and Wildlife Service's designation of critical habitat for the Arkansas River shiner. 

            "We believe the Fish and Wildlife Service has violated the Endangered Species Act by failing to conduct a proper economic analysis of their designation of critical habitat for the shiner," said Ross Wilson, TCFA vice president.  "The Service is saying basically that there will be no economic impact from designating critical habitat.  We believe the opposite is true." 

            About 98% of the total critical habitat area is held in private ownership and habitat designation could restrict land use and groundwater pumping in the listed areas.  "We have maintained all along and continue to maintain that designating critical habitat isn't necessary," Wilson said.  "We have also repeatedly said that the government failed to follow its own definition for critical habitat and has failed to use adequate scientific and economic evidence." 

The Arkansas River shiner is a small minnow found in portions of the Canadian and South Canadian Rivers in New Mexico , Texas and Oklahoma , the Arkansas River in Kansas , and the Cimarron River in Kansas and Oklahoma . 

The U.S. Fish and Wildlife Service listed the shiner as threatened in November 1998.  At that time, the Service determined that critical habitat designation would not provide any additional benefit.  The Service later declared the critical habitat designation due to a court-ordered settlement with the Center for Biological Diversity, an environmental group.

Critical habitat is defined as specific geographic areas that are essential for the conservation and recovery of a threatened or endangered species and that may require special management considerations. 

 Included as defendants in the lawsuit are Gale Norton, U.S. Secretary of the Interior, and Steve Williams, director of the U.S. Fish and Wildlife Service.  Lawyers for the coalition are Michael Klein and Craig Douglas of Smith, Robertson, Elliott & Glen, L.L.P. of Austin .

The coalition consists of Texas Cattle Feeders Association, New Mexico Cattle Growers Association, Texas & Southwestern Cattle Raisers Association, Oklahoma Cattlemen's Association, Kansas Livestock Association, Oklahoma Farm Bureau, Kansas Farm Bureau, Canadian River Municipal Water Authority, High Plains Underground Water Conservation District #1, Environmental Federation of Oklahoma, ProAg of Oklahoma, Settlers Ditch Co., Oklahoma Farmers Union, Hitch Enterprises, Panhandle Groundwater Conservation District, North Plains Underground Water Conservation District, and Oklahoma Panhandle Irrigation and Agriculture Association. 

The coalition efforts are being coordinated through the Oklahoma Agricultural Legal Foundation at (405) 523-2501. 

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