MORGAN HILL
– Despite the California Fish and Game Commission declining last
week to name the western burrowing owl as an official threatened or
endangered species, City of Morgan Hill policies on leaving the
bird undisturbed will remain unchanged.
MORGAN HILL – Despite the California Fish and Game Commission declining last week to name the western burrowing owl as an official threatened or endangered species, City of Morgan Hill policies on leaving the bird undisturbed will remain unchanged.
The Center for Biological Diversity, Santa Clara County Audubon Society and Defenders of Wildlife filed a petition for status change in April 2003 because the bird’s (Athene cunicularia hypugaea) numbers have been diminishing over the past two decades. The state action was in response to the filing.
Morgan Hill was sued in March by the Santa Clara Valley Audubon Society for failing to protect its local burrowing owl population but has since passed protection measures acceptable to the SCVAS and to landowners.
City Manager Ed Tewes said the commission’s action won’t make a difference to newly established Morgan Hill policy.
“It doesn’t change anything,” Tewes said.
City Attorney Helene Leichter explained where the policy came from.
“When we did the (environmental) review for the Redevelopment Agency, we identified an impact on burrowing owls,” Leichter said. “The fact that they haven’t been made an endangered species doesn’t affect that.”
Lichter said the City Council likes the mitigation plan and considers it a “win-win” situation, not likely to change.
Kim Delfino of Defenders of Wildlife, said the environmental group is looking at all options including resubmitting the petition. Though there is no appeal process available, a lawsuit is possible.
“Litigation is the most likely, but not at all certain at this point,” Delfino said.
The owls are disappearing in half their natural range and have largely disappeared from 22 percent of their California habitat. Had the Commission accepted the petition, the owl would have been designated as a “candidate” species while a year-long status review was conducted by DFG. Candidate species receive the same protection under the CESA as endangered or threatened species.
“The Commission’s decision not to accept the burrowing owl petition was outrageous, and lacked any credible biological or legal basis,” said Jeff Miller, spokesman for the Center for Biological Diversity. “Despite overwhelming evidence the species is now eliminated or in decline throughout more than two-thirds of its range in California, the Department bowed to political pressure from the building industry and agricultural interests.”
“The Commission dodged the major issue, and that is what constitutes a significant portion of the owl’s range in California,” said Craig Breon, executive director of the SCVAS.
While they were once common on the valley floor, approximately 100 breeding pairs remain today in the South Bay, Breon said.
