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OFFICIAL ADMITS CRITICAL HABITAT DESIGNATIONS FOR SALMON AND STEELHEAD ARE BASELESS
The National Association of Home Builders (NAHB) ^ | November 16, 2001

Posted on 11/21/2001 8:44:13 AM PST by enraged

Contact: Duane Desiderio, NAHB Director of Legal Services & Litigation 202-266-8146 OR Beth Bauer, OBIA Executive Vice-President 503-378-9066, EXT. 3 FOR IMMEDIATE RELEASE

NMFS OFFICIAL ADMITS CRITICAL HABITAT DESIGNATIONS FOR SALMON AND STEELHEAD ARE BASELESS

NMFS official remarks "We just designate everything as critical, without an analysis of how much habitat a [species] needs"

Salem, OR. (November 16, 2001) - The National Association of Home Builders (NAHB) has uncovered a document in which a high-ranking National Marine Fisheries Service (NMFS) official admits that NMFS' critical habitat designations for west coast salmonids are baseless.

The Endangered Species Act limits critical habitat designations to only those areas that are "essential to the conservation of the species," and it requires NMFS to weigh the economic impacts of critical habitat protection before it is designated.

In an intra-agency memorandum, Donna Darm, who was NMFS acting Regional Administrator for the Northwest until October 1, said: "When we make critical habitat designations we just designate everything as critical, without an analysis of how much habitat an ESU needs . . . ." Darm added that no analysis of habitat need was performed "because we lack information."

NMFS has designated "everything" as critical habitat in over 150 watersheds blanketing California, Idaho, Oregon, and Washington. The designations have enormous regulatory impacts on the use of land and water because the Endangered Species Act prohibits any federal project, permit, or federally funded action from "adversely modifying" critical habitat. Federal critical habitat is also a key trigger for many state and local land use restrictions.

The regulatory demands of critical habitat are applied through a process called "consultation" under Section 7 of the Endangered Species Act. The document uncovered by NAHB includes comments by Ms. Darm on NMFS' development of a habitat approach to consultation. She summarized NMFS' habitat approach, now used in all consultations, as follows: "We just say we need it all."

In a reference to the recent Alsea Valley Alliance court ruling invalidating NMFS' listing of Oregon coastal coho salmon as a threatened species, NAHB spokesman Duane Desiderio called Darm's statements "an example of NMFS' careless approach to ESA enforcement that has called all of its species listing decisions into question." Desiderio added, "critical habitat designations will be the next bricks to fall out of NMFS' regulatory wall."

In court papers filed in September with a federal district court in California, NMFS conceded that it failed to consider the economic impacts of critical habitat designations for salmon and steelhead, but argued that designations should remain in effect while NMFS conducts a review limited to economic issues.

The plaintiffs in the California lawsuit, and the NAHB, which has filed a similar lawsuit in Washington, D.C., maintain that NMFS' failure to consider economics, alone, is reason to invalidate its critical habitat designations. However, the documents recently uncovered by NAHB confirm that NMFS' critical habitat designations also lack any scientific foundation.

The NAHB leads a coalition of eight trade associations, including the Oregon Building Industry Association, and eight counties from four states who are challenging NMFS' critical habitat designations in a federal lawsuit filed in Washington, D.C. The Oregon Building Industry Association filed comments during the open comment period on critical habitat designation in 1998 and is one of the original plaintiffs in the litigation. The lawsuit also challenges NMFS' designation of "essential fish habitat" for Pacific salmon on similar grounds. NMFS consults with federal agencies on essential fish habitat effects pursuant to the Magnuson-Stevens Fishery Conservation Management Act.

Documents and court papers referred to in this release are available on the internet at www.obia.net


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: enviralists; green
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To: invoman
Ping
41 posted on 11/21/2001 5:30:52 PM PST by _Jim
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To: _Jim; AuntB
Thanks.

Curious coincidence that this chunk of dirt would happen to surface only after the arrogant and foolish Ms. Darm had left the agency. Perhaps they've seen the (delisting) writing on the wall, and they're casting about for a scapegoat.

42 posted on 11/21/2001 6:30:00 PM PST by MadameAxe
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To: MadameAxe; nunya bidness; forester; SierraWasp; Eustace
Do you wonder if the DOI or the Science Review people (I'm brain dead tonight.....all those kitchen smells....ummmm....I digress)even know about this...they at least should know that WE know about it. It's time for some faxing and emailing.

Have a wonderful Thanksgiving, I love you all!! You too, _Jim.

God Bless America!

43 posted on 11/21/2001 7:08:41 PM PST by AuntB
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To: AuntB
Of COURSE the so-called 'science' behind the Habitat designations are baseless.....

One look at Klamath Lake....will speak volumes at the utter stupidity of denying the farmers the water.

But the real issue is control....and as long as the 'sheeple' buy the fake 'science'...the government will keep trying to sell it.

redrock

44 posted on 11/21/2001 7:59:48 PM PST by redrock
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To: AuntB
Enraged bump!

Happy Thanksgiving AuntB!

45 posted on 11/21/2001 8:00:56 PM PST by Aquamarine
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To: enraged
BUMP!
46 posted on 11/21/2001 8:06:51 PM PST by lucyblue
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To: Carry_Okie; 68-69TonkinGulfYatchClub; Snow Bunny; Bump in the night; blackie; muggs; hubel458...
FYI

....and HAPPY THANKSGIVING TO ALL OF YOU!!!

God Bless America!!!

47 posted on 11/21/2001 10:31:23 PM PST by AuntB
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To: AuntB
here is a link from NAHB to a press release http://www.nahb.com/news/salmonruling.htm
48 posted on 11/22/2001 12:42:03 AM PST by marsh2
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To: AuntB
Happy Thanksgiving to you!
49 posted on 11/22/2001 6:17:06 AM PST by Grampa Dave
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To: AuntB
Happy Thanksgiving !!

Stop enviro-nazis terrorism, now !!

50 posted on 11/22/2001 11:50:41 AM PST by blackie
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To: AuntB; harpo11; G-Rated; JustAmy
A BIG BUMP AND PING!!!

Happy Thanksgiving Day to all!!!

God Bless America!!!!!

51 posted on 11/22/2001 11:59:24 AM PST by shotabug
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To: shotabug
Bump!! Hope your Thanksgiving was wonderful! I'm still stuffed!
52 posted on 11/23/2001 6:56:12 AM PST by AuntB
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To: jimkress
Hey Jim, ya you the guy waving his arms over there, I'm calling you like I see it.........ARE YOU SOME KIND OF GREENIE??? If not, quit acting like one. You should look before you leap here. Frankly, I'm tickled pink that maybe we can start taking down some of these enviro-wacko, Klintoon appointed goof balls out of their gov't jobs and letting the real Americans go back to work!!!
53 posted on 11/23/2001 4:25:40 PM PST by Issaquahking
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To: shotabug
Goat lovers bump.
54 posted on 11/25/2001 5:06:45 AM PST by MarMema
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To: MarMema
A Thanksgiving Blessing bump back to you, MarMema.
55 posted on 11/25/2001 10:00:14 AM PST by shotabug
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To: jimkress
You have mail.

:o)

56 posted on 11/25/2001 12:55:09 PM PST by G-Rated
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To: Issaquahking
No problem with the content of the message.

However, I am sick and tired of posters who refuse to properly reference the articles they post. If they refuse to use actual titles of the articles and refuse to provide links that actually go directly to the articles they post, they deserve to get nailed.

57 posted on 11/25/2001 1:43:56 PM PST by jimkress
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