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Show Thursday April 23. 1998. THE DAI! HFRAI Y Piwo. I'lah D. -- - P.im AI7 Agency rescinds 3 'critical habitat' listings said Art Morrison, regional spokesman for the Forest Service. j "The species are already listALBUQUERQUE, N.M. The U.S. Fish and Wildlife ed. The court decision does not Service has rescinded "critical affect their designation," Bauer habitat" listings for three pro- said Monday. Morrison added: "It really' tected species, including the doesn't make any difference if Mexican in owl, spotted it's listed as critical habitat or two federal to lawsuits. response not because we follow the recov; The action took effect March ery plans for those species. Once 25, according to a Fish and the recovery plan's in place, it Wildlife document obtained doesn't make any difference if this week. Besides the owl, the it's critical habitat or not." habitat delisting applies to two Larry Patton, an attorney for fish species, the spikedace and some ranchers in the Gila the loach minnow, the agency National Forest, said he's said. unsure the Fish and Wildlife But agency spokesman Tom and Forest Service interpretaBauer said the delisting would tions are correct. have no impact on the protec"Without a court challenge, tion of the species. Likewise, it we're unable to determine right won't affect U.S. Forest Service now if their alternative methactions in Arizona and New ods are in compliance with the Mexico, By RICHARD BENKE Associated Press Writer . i law," Patton said Monday in Luna, N.M. In the two federal cases cited, giving "critical" or protected sta- Edwin Mechem wrote in a March 1997 ruling. Also in 1994 in a Catron County (N.M.) case, a federal tus to the habitats of the three court noted the same failure to species was done without using follow NEPA in designating a study process the courts said habitats for the two fish. The was required by the National 10th U.S. Circuit Court of Environmental Policy Act. Appeals upheld that ruling. Bauer said his agency had Bauer said his agency basibelieved it did not have to fol- cally decided to cut its losses. low NEPA in declaring critical He said Fish and Wildlife has habitats. limited funds and is putting the The issue arose in a 1994 protection of species first case brought by the Coalition of "rather than spend that money Arizona-NeMexico Counties on an analysis of these crititcal for Stable Economic Growth habitat designations." relating to the owl. "In this case, the listing of J8 JlmTmtTLStffiet the Mexican spotted owl and & Ccttis "Cari, the subsequent designation of Sharee" critical habitat ... may cause environmental harm to the counties' CsSdwefi taker land," adjoining Senior U.S. District Judge SONY w US' mm CD STEREO 'E cm Detachable face High power 80 watts "Pre-outpu- Ei m j 3a 1 ujf ii ffi fm K ibii.iu, Mt ii gf m m, if WS Lm I sr. MK JK is iL. I . Pillar candies Serve ware Reg. $12 Light up your decor for spring with these simple yet classic 5x4 pillar candles in great scents. 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