Groups send notice of intent to sue Forest Service, U.S. Fish and Wildlife Service and Renegade Rancher

A coalition of groups led by Forest Guardians, today send a 60-day notice of intent to sue under the Endangered Species Act to the Forest Service, U.S. Fish and Wildlife Service, and two Arizona ranchers. After more than two years of allowing Abelardo and Dan Martinez to illegally graze cattle on Forest Service lands, the Forest Service finally cancelled his grazing permit last August and issued a notice to impound his cattle. However, despite the cancelled permit, the Martinez cattle are still grazing on National Forest land, continuing to damage the land, feeding for free on the Pleasant Valley grazing allotment, and trespassing onto the neighboring Hickey allotments. New Mexico Wildlife Federation, the Arizona Wildlife Federation and the Public Employees for Environmental Responsibility joined Forest Guardians in the letter, which outlines how despite canceling the permit and “monitoring” the situation, the Forest Service has taken no action to actually remove the trespassing cattle or to take legal action against the ranchers. The U.S. Fish and Wildlife Service is also noticed in the letter as they were informed about the trespass cattle and resulting damage to the habitat of the federally threatened Chiricahua leopard frog, loach minnow, and spikedace, but have also failed to take any action against the owners of the livestock. Despite the order to remove their cattle from Forest Service lands, Abe and Dan Martinez have failed to remove their livestock months after being ordered to do so. On October 14, District Ranger Hayes issued a “Notice of Intent to Impound Unauthorized Livestock,” but to date the Forest Service has failed to take action on the notice. On October 18, 2004, the four conservation groups sent a letter to Ranger Hayes asking him to “present an expeditious and clear plan for remedying the severe damage that has occurred as a result of your inaction and the illegal grazing that has taken place over the last two years.” After patiently waiting six months for further action, the groups are now sending notice to push the agencies into taking action. In July, the groups may also file suit after the required 60-day waiting period....

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