Attorney General's News Release

Augist 22, 2000

Fish & Wildlife failure to follow law is jeopardizing state's interest in regulation of Missouri River flows, Nixon says

Jefferson City, Mo. — Attorney General Jay Nixon today filed a lawsuit against the U.S. Fish & Wildlife Service, saying the agency is harming the state's interest in the management of the Missouri River by failing to designate critical habitat for two animals listed as endangered species.

The lawsuit, filed in federal district court in Jefferson City, specifically points to the Service's failure to designate critical habitat for the pallid sturgeon, a fish listed as endangered in 1990, and the interior least tern, a bird listed as endangered in 1985. Critical habitat designation is required by federal law at the time of the listing of a species and describes the specific habitat the species needs to survive.

Nixon corresponded with the federal agency earlier this year seeking habitat information; the agency responded that the habitat designation for the two species is not a funding priority.

Nixon said Fish and Wildlife has consulted with the Army Corps of Engineers in closed meetings and has made recommendations to the Corps that would entirely rearrange the river flow for the supposed benefit of the two species.

"If we are to going to work to increase the chances for these animals, the federal government must follow the law and designate critical habitat areas," Nixon said. "Fish and Wildlife won't conduct the mandatory habitat survey to inform the public where these two species live and how to best save them. At the same time, they are using these two species as a pretext to secretly put pressure on the Corps to alter the flow of the river, which will have a dramatic impact on the river in Missouri in terms of flood control and other considerations."

The Corps of Engineers will be making decisions this fall regarding its Master Manual, which is used to manage releases from several large upstream reservoirs that control river flows in Missouri. Nixon said the Corps' decisions will be based in part on the consultations with Fish and Wildlife.

"In essence, Fish and Wildlife has said 'We're going to use the river to save these species, but we're not going to tell you where they live or how we're going to do it,'" Nixon said. "Secrecy and shell games by the federal government do not benefit anyone. They need to designate the critical habitat for these animals so informed input can be made by all the parties having an interest in management of the river."

Nixon is asking the federal court to order the Fish and Wildlife Service to follow federal law by initiating and completing the critical habitat designation process.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818