Thursday, May 07, 2009

Feds to reconsider critical habitat for 2 NM fish

A federal judge has ruled the U.S. Fish and Wildlife Service can reconsider the critical habitat designation of two threatened fish species in New Mexico and Arizona after a probe found political interference likely affected scientists' findings. Senior U.S. District Judge John Conway ruled Tuesday that the agency's original habitat designation for the spikedace and loach minnow would remain in place while federal biologists determine whether the fish need more habitat. Conway said that it would be "least disruptive" to allow the existing designation to remain in effect pending a review. A coalition of counties in the two states and the New Mexico Cattle Growers' Association had sued over the original designation, saying the Fish and Wildlife Service overstepped its bounds and failed to adhere to requirements of the Endangered Species Act in setting aside the critical habitat. They argued that the original designation should be vacated while the agency reconsiders the matter. In his ruling, Conway said the original designation was likely "not expansive enough."...AP

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