State Comes to the Rescue of Mohave Ground Squirrel

Granting a temporary reprieve to the Mohave ground squirrel, the state’s administrative law office has overturned the Fish and Game Commission’s controversial decision to remove the animal from the state’s endangered species list.

John Smith, the agency’s director, said the wildlife board failed to adequately address public comments on the proposal before voting in May to end state protection of the squirrel. He said the squirrel will remain listed as endangered until the commission corrects the deficiencies.

The cinnamon-colored mammal, which lives in the Mojave Desert, was the first species in California history to be removed from the list of rare animals and plants protected under the state Endangered Species Act.

The state Fish and Game Commission decided to delist the squirrel at the request of the Kern County Board of Supervisors, which said protection of the animal’s habitat was halting hundreds of development projects.

Smith said the commissioners provided “only a very cursory” summary of the public comments, when the law requires that they be addressed in detail, outlining in each case how the issues raised were resolved. The reprieve by the administrative law office came after a routine analysis that is performed on all new state rules and laws.

“A lot of people would consider it a technicality, but it is a very important part of the public process,” Smith said. “There has to be a meaningful opportunity for the public to get involved in rule-making.”

Once the wildlife board completes a proper written review, the law could go into effect almost immediately. Smith said the administrative law office will tell the wildlife board where it erred next week, and then the commission has 120 days to respond.

Although the reprieve is probably temporary, environmentalists on Monday nevertheless were relieved. Several groups filed suit against the Fish and Game Commission in August, claiming that the board removed the squirrel’s protection for economic and political reasons but that the law requires such decisions to be based only on scientific data.

“We’ve gained a few more months of time for the Mohave ground squirrels,” said Mark Palmer, executive director of the Mountain Lion Foundation, one of the groups that sued. “Any gain of time is valuable.”