A federal government plan to designate thousands acres in
northern San Benito County as critical habitat for the threatened
red-legged frog species could alter the way many local residents,
developers and agencies manage their land.
A federal government plan to designate thousands acres in northern San Benito County as critical habitat for the threatened red-legged frog species could alter the way many local residents, developers and agencies manage their land.
And concerned locals have less than four weeks, until July 14, to tell the U.S. Fish and Wildlife Service how they feel about it. The agency this week extended the proposal’s public comment period because there’s still strong public interest in the matter.
The plan includes designating 4.1 million acres as critical habitat in 28 California counties, including most of northern San Benito and parts of Santa Clara and Pinnacles National Monument.
Locally, the plan would include the watersheds near the Diablo Range, Pajaro River, Salinas River and Pinnacles National Monument.
“Clearly, it means that any activity conducted there has to give thought to the presence of red-legged frogs,” said John Gregg, head of the San Benito County Water District, which oversees the federally owned San Justo Reservoir, part of which includes the frog habitat.
The newest proposal announced in April resembles one the federal agency lost a court battle over in 2001.
Three years ago several development-friendly associations – such as the Home Builders Association of Northern California – sued and won. The federal service didn’t adequately show the economic impacts of the habitat designation, the two sides recognized in a court agreement.
If the Fish and Wildlife Service succeeds this time, the designation would restrict all local building projects within the critical habitat that need a federal permit – such as those near wetlands – or any other project that uses federal funding.
The red-legged frog has been listed as threatened under the Endangered Species Act since 1996. The listing signals a high likelihood the species will be endangered in the near future.
The species’ population declined starting in the late 1800s for a couple of reasons: Ecological effects from mining damaged habitats, and because the frogs were harvested for food at a rate of 80,000 a year, according to the USFWS.
Pinnacles National Monument certainly wouldn’t mind the extra hurdles caused by the designation, said wildlife biologist Jim Petterson. Of the park’s 24,000 total acreage, about 2,000 acres encompass proposed critical habitat,
Restoration projects falling within the park’s Gloria Lake watershed would have to maintain features of red-legged frog habitat, such as deep pools, he said.
“Generally the park service is usually one of the entities that is pushing for critical habitat designation,” Petterson said.
The federally-owned San Justo Reservoir – unlike Pinnacles – is not natural habitat of red-legged frogs, Gregg said. By a fluke, a construction project at the reservoir years ago created an environment that has since attracted the frogs as full-time residents, he said.
San Justo Reservoir supplies water to many agricultural properties in the northern area of the Hollister Valley, the entire San Juan Valley and other pockets such as lands adjacent to Fairview Road, Gregg said.
Many of the water district’s other operations fall within proposed critical habitat as well, Gregg said, such as pipe crossings near the Pajaro River and its tributaries in San Benito.
Gregg believes the federal government’s proposal shows a lack of balance between environmental and economic considerations, he said.
“Overall, the district could be characterized as being environmentally responsible and sensitive,” Gregg said. “At the same time we question the manner in which decisions are made with respect to recovery areas and recovery activities.”
Even though the federal agency agreed in 2001 to conduct an economic impact report with any new proposal brought forth, it hasn’t produced one yet, said Tom Roth, a San Francisco attorney for the development associations that sued Fish and Wildlife for a lacking economic analysis in 2001.
He no longer represents the group of associations, but he thinks the same plaintiffs recently filed a court motion to enforce the consent decree requiring an economic report, he said. The lawyer and spokesperson for the Home Builders Association of Northern California didn’t return calls Thursday.
Primarily, critical habitat affects developers, he said, because the additional red tape raises administrative costs – along with builders’ levels of uncertainty.
“It makes the development process immensely more complicated,” Roth said.
Paul Hain, a Tres Pinos farmer who owns land in the proposed critical habitat designation, also said the designation lacks economic considerations.
He believes the designation could “interfere drastically” with many methods of mechanized agriculture, such as his walnut harvesting along the Tres Pinos Creek.
But a Fish and Wildlife official said the designation would only affect private landowners’ activities if the frogs are actually present there.
“If it’s within critical habitat but (frogs aren’t) present, then it would not affect them,” said Lois Grunwald, director of the service’s Ventura office that oversees San Benito.
Hain, though, said he occasionally sees the rare frogs dwelling on his land.
“We have seen them. They’re out and about,” Hain said.
Mail comments on the proposal to Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2800 Cottage Way, Suite W. 2605, Sacramento, CA 95825 or e-mail to:fw1crlf@r1 fws.gov.
Kollin Kosmicki can be reached at 637-5566, ext. 331 or at
kk*******@fr***********.com
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