Lawsuit Challenges Systemic Failure to Apply Endangered Species Act for Spotted Owls

sale would result in over 8,000 acres of logging activities using various prescriptions and methods, including in occupied “activity centers” utilized by northern spotted owls. Logging activities are projected to “take”—meaning “harass, harm, pursue, hunt, shoot, wound, kill” 12 owls. The U.S. Fish and Wildlife Service issued an incidental take statement authorizing the Forest Service to complete the project through issuing a “no jeopardy” opinion.

Given the severe decline of the species and the importance of these owls to the larger population, the conservation groups allege that the U.S. Fish and Wildlife Service violated the law by failing to find that the action may jeopardize the continued existence of the species. 

The South Fork Sacramento Project is located near Lake Siskiyou, approximately three miles west of Mount Shasta City, California.

“The “take” of these northern spotted owl is going to disrupt an entire ecosystem in our backyard. We asked the Forest Service to craft a project that would allow this forest to continue to be a stronghold for the species,” said Nick Joslin, Forest & Watershed Watch Program Manager of MSBEC. “We are seeing more and more projects move forward under a new portion of the Infrastructure and Jobs Act and the Healthy Reforestation Act  that reduce public participation while claiming a project is for ‘public safety and forest restoration’.” 

The northern spotted owl is in persistent and steepening decline. Scientists have warned that if these trends continue, the northern spotted owl may go extinct across large swaths of its historic range within the next decade. Despite the alarming conditions of the owl, the Forest Service continues to log spotted owl habitat, resulting in the taking of owls. The U.S. Fish and Wildlife Service has an obligation to intervene where a government action may “jeopardize the continued existence” of the species. But here, the Fish and Wildlife Service failed to justify that the species can withstand further harm from logging projects in light of local and range wide threats from barred owls and wildfires.

“The Fish and Wildlife Service for years has serially approved logging projects in Northern California that harm northern spotted owls—despite this area being one of the last strongholds of the species. The agency is required to ensure that projects do not impair the survival and recovery of listed species—approving harm to two reproductively successful owl pairs flies in the face of the Fish and Wildlife Service’s legal duties.”

The notice of intent was sent by the Conservation Congress, The Environmental Protection Information Center (EPIC), Klamath Forest Alliance, Mount Shasta Bioregional Ecology Center (MSBEC), and We Advocate Through Environmental Review. The conservation groups are  represented by Oliver Stiefel and Meriel Darzen of the Crag Law Center. The U.S. Fish and Wildlife Service has 60 days to correct the aggrieved actions, after which conservation groups will file suit. 

The Mount Shasta Bioregional Ecology Center is a 501c3 nonprofit dedicated to restoring the outstanding natural and cultural values of Mount Shasta and the surrounding bioregion since 1988

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