Rare Pacific Fisher Denied Protection
Groups File Legal Notice for Old Growth Denizen

"...Proposed changes to both the [Northwest Forest Plan] and [Sierra Nevada Forest Plan] are in progress, which could weaken habitat measures that benefit the fisher. Even with these plans in place, timber harvest, fuels reduction treatments, and road construction may continue to result in the loss of habitat and habitat connectivity in areas, resulting in a negative impact on fisher distribution, abundance and recovery/recolonization potential."
~ U.S. Fish and Wildlife Service, April 2004

A relative of the mink, otter, and marten, the Pacific fisher inhabits old-growth forests and once ranged from British Columbia through northern California and the Sierra Nevada. This elusive mammal was devastated by logging and fur trapping, and only two native populations remain today--one around the western California/Oregon border, and one in the southern Sierra Nevada mountains. Although the threat of extinction for these small populations has never been greater, the Bush Administration has decided to leave the fisher vulnerable and unprotected, and the case for this ancient forest denizen is soon headed back to federal court.

The U.S. Fish and Wildlife Service (FWS) recently confirmed that the Pacific fisher "may be at significant risk of extinction" and that protection under the Endangered Species Act is "warranted." Yet despite this finding, the agency refused to extend protection to the fisher, abruptly stating that it is "precluded" by other agency priorities. On August 3, EPIC and other groups formally notified the FWS that we intend to challenge this decision in federal court, charging that it is contrary to the facts before the agency and the laws it must uphold.

The FWS's findings came in response to a scientific petition that was authored by the Center for Biological Diversity on behalf of EPIC and other conservation organizations in December 2000. It took a lengthy court battle simply to force the FWS to finally issue the required findings on our petition. Unfortunately, this has been the standard operating procedure of the current administration.

For the first time in the history of the Endangered Species Act, the Bush Administration has not listed a single species as threatened or endangered without being forced to do so through petitions and/or litigation. This administration, by a wide margin, also holds the worst overall record for the number of imperiled species it has listed while in office. Under Bush Jr., the FWS has listed a total of only 31 species--fewer than either the Bush Sr. or Reagan Administration averaged each year.

By law, a "warranted but precluded" determination (like the one the FWS made for the fisher) is only allowed if the agency is making "expeditious progress" towards listing other species. Given the facts, the FWS certainly cannot hide behind this defense. EPIC is confident that this flimsy excuse to withhold protection from the Pacific fisher will not withstand our legal challenge, and we are determined to see that this elusive mammal--and its ancient forest habitat--survives to see that day.

EPIC, CBD, and other groups working on this issue are represented by Greg Loarie of Earthjustice Legal Defense.


"...[R]egulations lack specific and enforceable conservation measures for these forests, and for most unlisted wildlife species, including the fisher."
~ U.S. Fish and Wildlife Service, April 2004


This article can be found online at www.wildcalifornia.org/publications/article-74