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Group Sues Over Beach Mouse Habitat

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Published: December 23, 2007

Updated: 12/22/2007 10:34 pm

PERDIDO KEY - Property owners on this small barrier island filed a federal lawsuit Tuesday seeking to invalidate the designation of 6,200 acres as protected beach mouse habitat.

Perdido Key Property Rights Inc. and homeowners Paul and Gayle Fisher claim the Interior Department and the U.S. Fish and Wildlife Service were overzealous in restricting development of the land to protect the endangered Perdido Key beach mouse.

The lawsuit asks the court to consider the economic damage done to property owners who have been unable to rebuild after Hurricane Ivan struck the area in 2004. The federal agencies failed to consider the economic impact of designating the region as critical habitat, the lawsuit states.

"Since the mouse was listed in 1985, state and local governments have taken extraordinary steps to protect the mouse," the lawsuit says. "As part of the recovery plan, mice from Gulf State Park were used to re-establish mice at Gulf Islands national Seashore. ... Dune walkovers, predator trapping and killing, and habitat renourishment have been successful conservation efforts."

Tom MacKenzie, spokesman for the U.S. Fish and Wildlife Service, said the special permitting processes for building in a protected species area was required in Perdido Key long before the critical habitat designation was made this year.

"Numerous landowners proceeded with construction" after Hurricane Ivan, he said.

MacKenzie said the setbacks, dunes and other barriers necessary for the mice to thrive are also key to protecting coastal properties in hurricanes.

The Associated Press

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