WASHINGTON — Criticized by a whistle-blower, the Fish
and Wildlife Service conceded Monday that it bungled some of the science
used in protecting Florida's endangered panthers.
The agency
acknowledged three violations of a 2000 law that is intended to ensure the
quality of data the government uses. Those involved issuing documents
based on faulty assumptions about the habitat of one of the world's rarest
animals, agency officials said.
Steve Williams, the agency's
outgoing director, reached the conclusions as one of his last actions,
based on a review by three senior Interior Department officials.
Dan Ashe, the service's top science adviser and a member of the
review panel, said the agency relied too much on data collected only in
late morning hours to establish the panthers' home range. Panthers are
most active at dawn and dusk. The agency said it now would protect more
variety of habitat, but not more acreage.
"I think the service was
slow in responding to the changing science," Ashe said. "Those documents
did not represent a complete and accurate picture of Florida panther
habitat needs." He said the agency will withdraw and reissue several
documents on the panthers.
About five years ago, before the
complaint was filed, the agency began rethinking its assumptions about
panther habitat by convening a study group, said Sam Hamilton, a regional
Fish and Wildlife director in Atlanta. He said it's now believed the
panther uses "a mosaic of habitats" rather than just primarily forests.
Because of that, said Jay Slack, who supervises Fish and
Wildlife's South Florida ecological services office in Vero Beach, the
agency will expand protections for more habitat such as prairie, wetlands,
pasture and rows of crops where other animals feed.
"It's not just
acreage, it's quality," Slack said.
Officials stopped short of
saying they had vindicated Andrew Eller, a Fish and Wildlife biologist
fired in November who worked in Slack's office. Eller filed a
whistle-blower complaint that the agency used faulty science to approve
development in panther habitats.
"The word 'vindicate' is one of
those words people use when they're trying to make a point," said Ashe,
who called the agency's response an "objective and independent review" of
Eller's complaints.
Eller and Public Employees for Environmental
Responsibility, an advocacy group, jointly challenged Fish and Wildlife in
a petition last May under the Data Quality Act.
Jeff Ruch, PEER's
director, said his group was "gratified, but constrained in that
gratification, in that they're persisting in firing the biologist who they
now admit was right."
Ruch said he was concerned that corrections
to the data may not be made in time to stop 30 "mega-projects," but
Hamilton called that "a gross exaggeration or stretch of the facts"
because he said those decisions would be made "using best science."
Agency officials earlier had responded to Eller by saying he was
consistently late in completing his work and engaged in unprofessional
exchanges with the public. Eller described his office in Vero Beach as
understaffed and his firing as politically motivated because he wanted to
protect panthers from roads, houses and other developers' projects.
The government created the 26,000-acre Florida Panther National
Wildlife Refuge in 1989. That and other measures have helped the panthers'
population to roughly quadruple over the last 25 years, but still there
are only about 80 to 90 adults and a few dozen kittens, Fish and Wildlife
officials estimate.
The breeding population is considered to be
below 50, the minimum required to sustain the population. Almost half of
the panthers' habitat is on private property spread across several
southwestern Florida counties.
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On the Net:
Fish and Wildlife Service: http://endangered.fws.gov/i/A05.html
Florida Panther Net: http://www.panther.state.fl.us
Public Employees for Environmental Responsibility: http://www.peer.org
National
Wildlife Federation: http://www.nwf.org