Timber firms threaten lawsuit over spotted owl

Associated Press

SEATTLE — A coalition of timber companies is threatening to sue the federal government if it doesn’t review the protected status of the northern spotted owl, whose classification under the Endangered Species Act halted logging on millions of acres of public land.

In a petition filed with Interior Secretary Gale Norton, the American Forest Resource Council accused the agency of failing to comply with the act’s requirement to review the status of threatened species every five years, the Seattle Post-Intelligencer reported Friday.

It also argues that new evidence shows the birds are not in as much trouble as thought when they earned protection under the law in the early 1990s.

The petition is similar to one the group filed in January over the marbled murrelet.

"The information we have about both these species is a lot different from when they were listed," said Chris West, vice president of the Forest Resource Council. "We just want a reassessment of: Are they at risk, and if they are at risk, what is the culprit?"

Joan Jewett, a spokeswoman for the U.S. Fish and Wildlife Service, said both species have been studied thoroughly and both still need help.

Norton must respond to the petitions within 60 days of receiving them. If she does not, or if the timber group is not satisfied with her response, it would be legally empowered to file suit against the government.

The timber group’s attempt to change the birds’ status might not be a long shot. Earlier this week, a judge in Los Angeles gave the Bush administration permission to allow developers to build on thousands of acres considered critical to an imperiled shrimp and a small bird in a four-county area of Southern California.

The owl petition relies partly on studies headed by Alan Franklin, a wildlife biologist at Colorado State University. It also cites evidence that the owls are not exclusively dependent on old-growth forests.

In six of 15 areas studied, including Washington’s Olympic Peninsula, spotted owl populations appeared to be dwindling. Three other populations appeared stable, while data on the remainder were too ambiguous to determine a trend.

"Everybody wants it cut and dried — it’s either declining or not," Franklin said. "Sorry, but it’s not that clear-cut."

In rejecting an earlier petition to remove the owl’s protection, the Fish and Wildlife Service noted about a year ago that one study Franklin headed measured the owl’s decline between 1985 and 1998 at an average of 3.9 percent a year. That was an improvement over the 4.5 percent annual decline measured earlier.

"Reproductive rates and … survival rates can be relatively stable, but still be lower than necessary to support a stable population," the Fish and Wildlife Service wrote. "The result is a declining population."

Copyright ©2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

Outside of the updated section of Lake Stevens High School on Thursday, Feb. 27, 2020 in Lake Stevens, Wa. (Olivia Vanni / The Herald)
Lake Stevens, Arlington school measures on Feb. 11 ballot

A bond in Lake Stevens and a levy in Arlington would be used to build new schools.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Lake Stevens Sewer District wastewater treatment plant. (Lake Stevens Sewer District)
Lake Stevens sewer district trial delayed until April

The dispute began in 2021 and centers around when the city can take over the district.

A salmon carcass lays across willow branches in Edgecomb Creek on Thursday, Jan. 30, 2025 in Arlington, Washington. (Olivia Vanni / The Herald)
Tribes: State fish passage projects knock down barriers for local efforts

Court-ordered projects have sparked collaboration for salmon habitat restoration

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.