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MARK TWAIN'S "CELEBRATED JUMPING FROG" FINALLY RECEIVES HABITAT PROTECTION
Environmental Groups Cheer
March 6, 2001
San Francisco, California
For Immediate Release: 3/6/01
After years of delay and under federal court order,
the U.S. Fish and Wildlife Service today issued a rule to protect
the habitat of the threatened California red-legged frog. The rule
covers over four million acres of the frog's delicate habitat
throughout California and will help ensure the recovery and eventual
delisting of the frog. The Service's action came in response to a
successful federal court lawsuit filed by several regional
conservation groups.
The California red-legged frog is the largest native frog in the
western United States, and once could be found throughout much of
California. Mark Twain launched his literary career and secured a
place in history for the red-legged frog in his short story "The
Celebrated Jumping Frog of Calaveras County." Today, the California
red-legged frog can be found only in isolated pockets along the
coast, with a few scattered survivors in the Sierra Nevada.
"Overall, we're very pleased that the FWS has taken this action on
behalf of our celebrated jumping frog," said Dr. Robert Stack,
Executive Director of the Calaveras County-based Jumping Frog
Research Institute, the lead plaintiff in the case. "However, we're
disappointed that no critical habitat was designated in Calaveras
County, the county for which this frog has become synonymous. But
even without critical habitat, we hope to move ahead with
reintroduction on publicly-owned lands, and we've received offers
from many private landowners who want to provide a home for this
literary icon." Stack noted that his organization's work in
Calaveras County would not be significantly affected by the absence
of critical habitat there.
Deanna Spooner of the Pacific Rivers Council, another plaintiff in
the lawsuit, said, "We're disappointed that the Service omitted
meaningful protection for the frog's habitat in the Sierra Nevada
range, where the frog has been virtually wiped out. Nonetheless,
protection of habitat elsewhere will benefit the red-legged frog
statewide."
"The decline of California's beloved red-legged frog mirrors the
frightening disappearance of amphibians worldwide," said Peter
Galvin of the Center for Biological Diversity. "Protecting the
fragile habitat of these species is a critical first step in
bringing these species back from the brink, so we are pleased with
this action to designate habitat for the frog."
Initially, the Service refused to protect the frog's habitat, an
action required under the federal Endangered Species Act. The
Service's failure prompted the federal court lawsuit, which was
decided in December 1999 by Judge William Alsup in San Francisco.
Judge Alsup found that the Service was in violation of the law and
set a deadline for the Service to finalize a habitat designation.
"Developers may raise a hue and cry over this rule, but the Service
used sound science in designating this habitat," said Jan
Hasselman, an attorney with Earthjustice Legal Defense Fund
representing the conservation groups. "The focus should now shift
from the courts to on-the-ground protection for the frog."
Plaintiffs in the lawsuit include the Jumping Frog Research
Institute, Pacific Rivers Council, Center for Biological Diversity,
Center for Sierra Nevada Conservation, and Responsible Consumers of
the Monterrey Peninsula. The conservation groups were represented
by Jan Hasselman and Kristen Boyles of the Earthjustice Legal
Defense Fund.
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Questions and Answers On The Fish and Wildlife Service's Habitat
Protection Rule for the California Red-Legged Frog
What is a California red-legged frog?
The California red-legged frog is the largest native frog in the
Western United States, measuring between 1.5 and 5.5 inches in
length. Adults are olive, brown, gray, or reddish black with small
black flecks and blotches on the back. The abdomen and underside of
the hind legs are colored rusty-red. Mark Twain secured his own
literary reputation as well as the frog's place in the state's
literary and cultural history with the 1865 publication of the short
story "The Celebrated Jumping Frog of Calaveras County." The
legendary jumping species inspires California's famed frog jumping
championships in Calaveras County each May.
Where can the frog be found?
At one time, the frog was widespread throughout the state of
California west of the Sierra Nevada to the coast. Frogs lived in
the Sierra up to about four and a half thousand feet, and could be
found from Shasta County in the North all the way to northwestern
Baja California in Mexico. Today, however, they are extinct in over
70% of this former range, and their numbers in remaining areas have
plummeted. The frog has been completely eliminated from the central
valley and southern California. Reasonably healthy populations can
only be found in a few isolated areas along the Coast, and a few
frogs hang on in the Sierra. Red-legged frogs require cool aquatic
and riparian habitats with healthy native vegetation, such as ponds
and slow moving streams with abundant overhanging plants and
cattails. Ironically, red-legged frogs have not been seen in
Calaveras County, home of the jumping frog championships, in several
decades.
Is the frog protected under the law?
Yes. In 1996, after years of delay and multiple lawsuits to force
the government to protect the frog, the United States Fish and
Wildlife Service listed the frog as "threatened" under the
Endangered Species Act. Under the Act, once a species is listed,
the federal government must ensure that it does not take any action
that might jeopardize the species. Also, under the Endangered
Species Act, it is illegal for any person to harm a frog without a
permit from the Fish and Wildlife Service.
What is "critical habitat"?
Under the Endangered Species Act, when a species is listed as
threatened or endangered, the Fish and Wildlife Service must
designate and protect particular areas of land that the species
needs to survive and recover. The statute refers to these areas as
"critical habitat." In the red-legged frog's case, the Service
listed the species as threatened but refused to designate its
critical habitat. The recent action by the Fish and Wildlife Service
came as a result of a court order.
Why is the frog in so much trouble?
A number of factors have combined to reduce the frogs' numbers so
drastically over the past century. Urbanization and sprawl,
roadbuilding and off-road vehicle use, water diversions and dam
construction, agricultural development and grazing, and mining and
logging practices have been the primary factors resulting in the
destruction of the frog's delicate aquatic and riparian habitat.
The frog has also been harmed by the introduction of exotic predator
species such as bullfrogs and various fish species. Other factors
such as the use of pesticides, acid rain, and changing atmospheric
conditions are also thought to have had some effect on many
amphibian species, although these processes are not well understood.
Timeline Of Events Leading Up To Critical Habitat Designation for
the Red-Legged Frog
January 1992: Responding to evidence of the plummeting numbers of
California red-legged frogs and the continuing destruction of the
frog's delicate habitat, a group of scientists formally petitioned
the U.S. Fish and Wildlife Service to list the frog under the
federal Endangered Species Act ("ESA").
February 1994: The Service failed to take action on the scientists'
petition within one year as required by law, prompting a lawsuit
from conservationists to force the Service to take action. After
the Service failed to comply with a settlement agreement in that
litigation, a second lawsuit was filed. Finally, in February 1994,
the Service issued a proposal to list the frog as "endangered" under
the ESA.
May 1996: The Service failed to finalize the proposed listing within
one year, as required by law, prompting yet another lawsuit to force
the Service to act. Pursuant to a court order, the Service issued a
final listing rule in May 1996. The rule changed the listing from
"endangered" to "threatened" and failed to include the required
"critical habitat" protection.
March 1999: Conservation groups file suit against the Service for
failing to designate critical habitat for the frog. Throughout the
litigation, the Service steadfastly denied any wrongdoing and
refused to remedy its clearly illegal action.
December 1999: A federal judge in San Francisco found that the
Service acted illegally by refusing to designate critical habitat
for the frog, and ordered the Service to issue a final plan by
December 2000. An extension to March 1, 2001, was later granted.
September 2001: The Service issued a proposed habitat designation,
seeking public comment. The proposal includes over five million
acres of habitat necessary to protect and recover the frog, the
largest amount of habitat designated in California history.
However, the proposal omits protection of important areas in the
Sierra Nevada that biologists consider important for the frog.
March 6, 2001: The Service issues a public statement that it has
finalized the final critical habitat designation for the red-legged
frog. The final rule omits Calaveras County and Yuba Country from
the proposal, as well as federal military installations. Even so,
the designation covers 4.1 million acres of frog habitat throughout
the state.
Contacts:
Robert Stack, Jumping Frog Research Institute: (209) 728-2353
Jan Hasselman, Earthjustice Legal Defense Fund: (206) 343-7340 x.29
Deanna Spooner, Pacific Rivers Council: (541) 496-0493
Peter Galvin, Center for Biological Diversity: (510) 841-0812
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