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Groups renew push for endangered status for desert eagles
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Groups renew push for endangered status for desert eagles

  • Environmental groups claim that bald eagles in the Sonoran Desert, like the juvenile bird shown here, are a distinct subspecies and should be protected as an endangered speces, even though the birds were removed from that list several years ago.
    Kyle McCarty/Arizona Game and Fish DepartmentEnvironmental groups claim that bald eagles in the Sonoran Desert, like the juvenile bird shown here, are a distinct subspecies and should be protected as an endangered speces, even though the birds were removed from that list several years ago.
  • The Saguaro Breeding Area in Maricopa County is one of dozens of areas in Arizona where bald eagles go to nest each year.
    Kyle McCarty/Arizona Game and Fish DepartmentThe Saguaro Breeding Area in Maricopa County is one of dozens of areas in Arizona where bald eagles go to nest each year.
  • The locations of known bald eagle breeding areas in Arizona in 2010
    Arzona Game and Fish DepartmentThe locations of known bald eagle breeding areas in Arizona in 2010

WASHINGTON – For the third time in six years, two environmental groups are suing the U.S. Fish and Wildlife Service to get endangered species protection for the Sonoran Desert population of the bald eagle.

The Center for Biological Diversity and the Maricopa Audubon Society said this week that they had filed a notice of intent to sue over the status of the desert eagles, which they claim is a distinct subspecies of the larger bald eagle population.

“It’s a genetically isolated population that doesn’t interbreed with other bald eagles in the U.S.,” said Maricopa Audubon Society Conservation Chairman Bob Witzeman, speaking of the Sonoran birds. ”The color, size and weight is distinct from other bald eagle populations of the nation.”

But the Fish and Wildlife Service said this week – as it has since 2006 – that the bald eagles living in the Sonoran Desert are no different from bald eagles that live in Florida, Texas or any other area the species is known to inhabit. The species was taken off the endangered species list nationally in 2007.

“Even though we acknowledge that the desert Southwest was uniquely hot and dry, if you look at some of the other areas where you find bald eagles, you’ll find them in a lot of different environments,” said Steve Spangle, the field supervisor for the service’s Arizona Ecological Services Office.

He said the constant litigation over the issue has been a drain on resources.

“The litigation takes so much energy and resources and that detracts from doing our jobs,” he said.

Spangle said protection under the Endangered Species Act should be used sparingly, and noted that bald eagles have continued to increase since the birds were removed from the endangered list.

“The endangered species list is considered by many to be similar to the intensive care unit in the hospital,” Spangle said. “A patient goes in in dire straits and when they’ve recovered, they leave. The case of the bald eagle is something to celebrate.”

But others say the service is reversing a 30-year policy of protecting eagles.

Robin Silver, cofounder of the Center for Biological Diversity, pointed to a 2006 conference call in which Fish and Wildlife Service officials said they were told to find an analysis that would keep the desert eagles from qualifying as a distinct segment.

“It’d be like you go to the doctor, and you tell the doctor you don’t want cancer, and yet you’ve got this giant tumor on your face,” Silver said. “You tell your doctor to ignore the tumor and he says, OK, and gives you a clean bill of health.”

Witzeman said that bald eagles that live in the Sonoran Desert have evolved to adapt to the arid Arizona climate, making them a distinct subspecies of the bald eagle.

But while Witzeman said the population has been dwindling, the government said the numbers have increased.

In 2004, when the two groups first tried to get the desert eagles listed as endangered, the service recorded 38 areas in the Sonoran Desert with breeding pairs, 37 of which laid eggs. In 2010, the service recorded 46 breeding pairs in the area, 42 of which laid eggs that year.

While Spangle complained about the strain of repeated litigation,

Witzeman said that it’s “unthinkable” to not do everything possible to protect the eagle.

“To preserve the national emblem in the state of Arizona … is something all Americans should be proud to have uniquely existing here,” Witzeman said.

Bird wars

A timeline of the endangered status of bald eagles and the fight to put Sonoran Desert eagles back on the endangered list:

  • March 1967: The bald eagle is listed as “endangered.”
  • July 1995: Status is improved from endangered to “threatened.”
  • July 1999: The U.S. Fish and Wildlife Service proposes removing bald eagles from the endangered species list.
  • October 2004: The Center for Biological Diversity and Maricopa Audubon Society petition to have the desert-nesting bald eagle classified as a “distinct population segment,” allowing it to remain on the endangered list.
  • March 2006: The two groups file suit when the service does not answer the petition; both sides agree to reopen the petition.
  • August 2006: The service says the desert bald eagle will not be listed as a distinct population because the petition did not present “substantial scientific or commercial information” supporting it.
  • January 2007: The groups seek an injunction challenging the finding on the desert birds.
  • August 2007: All bald eagles are removed from the endangered species list.
  • March 2008: Judge says the service’s refusal to consider the desert eagles for the endangered species list is “arbitrary and capricious.”
  • February 2010: Service says desert eagles cannot be considered for the endangered species list because Sonoran Desert population is too small to be significant to the entire bald eagle population.
  • October 2010: The two groups file a second lawsuit against the service’s actions.
  • November 2011: Court rules February 2010 finding is “procedurally flawed” and orders another review.
  • May 2012: The service resubmits its finding on the petition and again determines the eagle will not be placed on the endangered or threatened list.
  • June 2012: The two groups announce plans to file a third lawsuit over the desert eagle issue.

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