Decision on Listing Gnatcatcher Delayed : Ecology: Interior secretary misses deadline to continue analyzing data on songbird at center of controversy between developers and environmentalists.

Interior Secretary Bruce Babbitt missed Wednesday’s deadline for deciding whether to grant federal protection to the California gnatcatcher because he is still analyzing some key points with his biologists and attorneys.

The delay in the long-awaited announcement about whether to declare the bird an endangered or threatened species could last just a few days or weeks, according to officials at Interior’s Washington headquarters. But Babbitt’s staff declined Wednesday to reveal details of his review, and even U.S. Fish and Wildlife Service officials involved in the decision said they are being kept in the dark.

“The secretary just wants to take a hard look at the issues,” said Babbitt spokesman Jay Ziegler. “He feels the responsibility, given this is really the first significant decision on endangered species issues in his tenure and it’s one that has the potential to serve as a model for other communities and other species across the country.”

The 4 1/2-inch gray songbird lives in sage and other shrubs that grow in the canyons and coastal hills of Orange, San Diego, San Bernardino and Riverside counties and the Palos Verdes Peninsula. About 3,000 mating pairs exist.

The national wildlife agency’s Southern California office has been analyzing for 2 1/2 years whether to grant a request by environmentalists to declare the bird an endangered species. Because at least 250,000 acres of the nation’s most prized real estate is at stake, California developers have launched vehement opposition, making it one of the most hotly contested decisions the federal agency has had to make about a species.

The main issue that Babbitt reportedly is reviewing is what role to assign to an unusual alliance created by Gov. Pete Wilson, which is voluntarily planning preserves for gnatcatchers and about 75 other rare species that share the brushy land. The 1 1/2-year-old state project has brought together Southern California environmentalists, developers, biologists and local government officials to try to reach agreements on what land to protect.

Generally, when a species is listed as threatened or endangered, development of its habitat is delayed while national wildlife officials analyze each building project individually.

Babbitt’s staff has recommended listing the gnatcatcher as a threatened species, but with some special rules so the state’s voluntary effort won’t be quashed, according to sources within the wildlife agency. Under such conditions, landowners could be exempt from federal review of their building projects if they participate in the state’s program and set aside large tracts of land.

Because the Interior Department has never before granted special conditions for developers, Babbitt wants to be cautious, some Interior officials say. He reportedly wants to make certain that it would stand up to legal challenges and that he would not be losing control of the gnatcatcher’s fate by delegating some federal responsibility for protection to state and local governments.

Babbitt has said he would like to see Southern California’s voluntary program succeed and become a national model. He told Congress that such attempts at protecting entire ecosystems for multiple species can avoid the delays in development that occur when species after species is listed as endangered.

California environmentalists have warned Babbitt’s staff that he is being overly optimistic about the Wilson Administration’s effort, since no agreements have been reached and no lands preserved. They don’t want the federal government to hand over too much of its authority.

On the other hand, California builders and developers have been exerting the opposite pressure on Babbitt. The state’s voluntary program, they say, is enough to ensure the gnatcatcher’s survival, especially since development has slowed and cities and counties are now being more protective of the bird.

Also, Wilson has sent some top emissaries to Washington in recent weeks to urge Babbitt to find a way to keep their voluntary planning effort intact even if the bird is listed.

Laer Pearce, representing a coalition of Southern California builders, said that the builders find Babbitt’s caution encouraging, and that they hope it means he has major problems with his staff’s recommendation to list the bird.

Wednesday’s deadline was set under the Endangered Species Act. But when the agency misses a deadline, nothing happens unless environmentalists file suit and obtain a court order to force action.

Attorneys with the Natural Resources Defense Council, which is seeking federal protection for the bird, said they are willing to wait a few days or even a couple of weeks, but if the process drags on too long, they will sue the Interior Department.

“The delay sounds like it is going to be brief, and it’s because (Babbitt) wants to learn more about what is actually happening in Southern California. We fully expect that the bird will be listed and listed soon. But the decision is already long overdue,” said Joel Reynolds, a senior attorney with the Natural Resources Defense Council.

Every day of delay, the environmentalists said, means more of the bird’s habitat is destroyed, making it harder to plan preserves. About 3,700 acres of sage scrub has been developed since the national wildlife agency proposed to list the bird as endangered 1 1/2 years ago, said Fred Roberts, a botanist with the council.