RE Sixtyday notice of intent to sue over violations of英文资料.pdfVIP

September 16, 1998 Nancy Kaufman, Region 2 Director U.S. Fish and Wildlife Service P.O. Box 1306 Albuquerque, NM 87103 Bruce Babbitt Secretary of the Interior U.S. Department of the Interior Main Interior Building 1849 C Streets N.W. Washington, D.C. 20240 RE: Sixty-day notice of intent to sue over violations of Sections 4 of the Endangered Species Act and the Administrative Procedures Act, regarding a negative 90-day finding on the Rio Grande cutthroat trout. This letter serves as a 60-day notice from the Southwest Center for Biological Diversity, Southwest Trout, Biodiversity Legal Foundation, Carson Forest Watch and other interested parties of intent to sue Secretary Babbitt over violations of Section 4 of the Endangered Species Act (“ESA”), by failing to use the best available scientific data in making a negative 90-day determination for the Rio Grande cutthroat trout (Oncorhynchus clarki virginalis). See 16 U.S.C. §§ 1533(b)(1)(A) 1533(b)(3)(A). This letter is provided pursuant to the 60-day notice requirement of the citizen suit provision of the ESA, to the extent such notice is deemed necessary by a court. See 16 U.S.C. § 1540(g). On September 14, 1998, the USFWS, representing the Secretary, issued a “not warranted” finding on a petition to list the Rio Grande cutthroat trout (Oncorhynchus clarki virginalis) as an endangered species submitted February 17, 1998 by the Southwest Center for Biological Diversity, Southwest Trout, Biodiversity Legal Foundation, Carson Forest Watch, Ancient Forest Rescue, Rex Johnson and Kieran Suckling (Federal Register, September 14, 1998, V. 63, # 177). This finding violates the ESA’s mandatory requirement to only consider the best