Federal lawsuit filed fights for birds.

Four leading national and state animal protection and conservation organizations and several bird enthusiasts filed a lawsuit in February in U.S. District Court for the Southern District of New York, challenging the federal government's plan to control the population of double-crested cormorants--a migratory bird species protected by federal law and international treaty. This is in reaction to the October 2003 ruling by the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture (USDA) that allowed more flexibility in the control of double-crested cormorants in 24 states where they allegedly caused damage to aquaculture and public resources such as fisheries, vegetation and other birds. The sanction gives permission to any individuals seeking to control double-crested cormorants in their area without a federal permit and without needing to show any specific, localized harm caused by the birds.

The organizations filing the suit--The Fund for Animals, The Humane Society of the United States, Defenders of Wildlife and the Animal Rights Foundation of Florida--point to studies indicating that the amount of fish eaten by cormorants represents only a small fraction of fish productivity, and suggesting that fish-eating birds like cormorants tend to eat diseased or dying fish because they are easier to catch, and therefore play a beneficial role at fish farms by decreasing the potential spread of disease. The FWS itself has flatly conceded that "commercially and recreationally valuable fish do not generally make up a large proportion of [cormorants'] diet.'

"The scientific evidence clearly indicates that double-crested cormorants are, by and large, not responsible for declining sport fish populations," said Bette Stallman, wildlife scientist at the Humane Society. "Those declines are due to factors such as habitat degradation and over-fishing."

The groups fear that the killing of cormorants could also harm other migratory birds who are easily mistaken for double-crested cormorants, such as anhingas and neotropic cormorants, as well as disturb the nests and habitat of endangered and threatened species such as the piping plover, least tern, bald eagle and wood stork. The government's decision also sets a precedent for the management of other naturally fish-eating birds such as egrets, herons and pelicans.

According to an October 2003 FWS press release, "Double-crested cormorants are colonial waterbirds whose numbers have increased substantially in the past 30 years. They can cause localized, but sometimes significant, negative impacts on resources.

For more information about the ruling, log on to FWS's Web site, www.fws.gov. For more information on the lawsuit, log on to www.hsus.org.