BLM officials stress need to protect desert tortoise -
[Cached Version]
Published on: 8/5/2001
Last Visited: 8/5/2001
Administrative law Judge Harvey Sweitzer , who is conducting the hearing , received testimony Saturday from three regional officials of the U.S. Bureau of Land Management , which proposes the seasonal grazing ban to protect the endangered desert tortoise.
We cannot allow irreversible or irretrievable harm to the tortoise , said Tim Read , the BLM's Barstow area manager.The bureau's decision to impose seasonal grazing limits ( in the spring and fall ) and to set a cap on the number of cattle on public land will benefit the tortoise..
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Eight High Desert ranchers have appealed the BLM restrictions , and Sweitzer must rule on their appeal by Aug. 24 , two weeks before fall grazing restrictions are scheduled to start.
The Center for Biological Diversity , Sierra Club and Public Employees for En
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vironmental Responsibility filed a lawsuit against the BLM last year in federal court in San Francisco , alleging the bureau failed to protect the tortoise on public land.
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Sweitzer has received volumes of written and verbal testimony since the hearing opened July 24 at Barstow City Hall.
His pending ruling is expected to be based on four issues :.
Whether the BLM's April 9 environmental assessment on grazing limits and its decision to impose the restrictions are legally sufficient under the National Environmental Policy Act.
Whether the grazing limits are arbitrary and capricious or an abuse of discretion.
Whether the restrictions on grazing are consistent with Section 7 of the Endangered Species Act , which requires the BLM to consult with the U.S. Fish and Wildlife Service on decisions that could affect the tortoise.