Laramie, WY-Conservation groups and the U.S. Fish and Wildlife Service both reached agreement today that the Black Hills population of American dipper should be reviewed for protection under the Endangered Species Act.

The agreement settles a lawsuit filed in August of 2004 over the Fish and Wildlife Service's failure to respond to a citizen petition requesting the Black Hills population of American dipper be protected under the Endangered Species Act. By law, the Service is required to review such petitions and make a finding whether protection may be warranted within 90-days. According to the court agreement, the Service must now issue its 90-day finding on or before January 20, 2006, almost three years after the petition was submitted.

"The American dipper is on the brink of extinction in the Black Hills and desperately needs the safety net of the Endangered Species Act," said Jeremy Nichols with Biodiversity Conservation Alliance. "While we're pleased to have reached an agreement with the Fish and Wildlife Service, it's unfortunate that they've so far turned a blind eye to the most imperiled bird in the Black Hills."

The dipper population in the Black Hills has declined significantly over the years and is listed as Threatened by the state of South Dakota. Water pollution and stream habitat degradation are the major causes of the dipper's decline. The dipper is extremely sensitive to stream pollution and is an important indicator of water quality. Known causes of pollution include mining, overgrazing of livestock, logging, roads and road building, and septic systems-all of which ultimately harm the dipper. In 2004, the South Dakota Department of Game, Fish and Parks reported a dead dipper with a deformed beak was found along Whitewood Creek Analyses found the dipper had toxic levels of selenium in its liver and kidneys. The Game, Fish and Parks' report is online at http://www.sdgfp.info/Wildlife/Diversity/dipper/2004news.htm.

A recent scientific study completed by University of Wyoming students also documented a direct link between the health of dipper populations and water quality. Published in the journal Freshwater Biology in 2004, the study found the presence of dippers in northwest Wyoming indicated an "unpolluted stream" and that variations in water quality affected the presence of dippers.

"Healthy populations of the American dipper mean healthy streams," explained Erin Robertson, staff biologist with the Center for Native Ecosystems. "The decline of the dipper speaks directly to how mining, overgrazing, logging, and suburban development have taken a devastating toll on water quality in the Black Hills."

If the Fish and Wildlife Service determines that protection under the Endangered Species Act may be warranted for the American dipper in the Black Hills, the agency will then undertake a thorough review of the bird's status. According to today's agreement, this review must be completed by November 20, 2006. As part of this review, Service will determine whether or not to officially protect the dipper under the Endangered Species Act.

The Black Hills of South Dakota is the easternmost mountain range where this bird lives. The dipper population in the Black Hills is unique in that it is isolated from populations in other mountain ranges by 200 miles of grasslands. Endangered Species Act protection for the dipper would mean that its habitat would be protected and restored, which would improve water quality and watershed health in the Black Hills.

More information on the American dipper in the Black Hills can be found at Biodiversity Conservation Alliance's website.