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| Glynn Wilson |
| A yellow-crowned night heron feeding on the section of Village Creek that intersects the Roebuck Golf Course, just down stream from the destroyed dam. |
by Glynn Wilson
The U.S. Fish and Wildlife Service issued a Notice of Violations to the City of Birmingham Thursday for killing 11,760 watercress darters, an endangered species protected by the Endangered Species Act, and also for injuries to some 8,900 additional darters killed when a city park manager ordered a beaver dam removed on Village Creek in Roebuck Springs.
The Service is seeking a civil penalty totaling $2,975,000.
The Alabama Department of Conservation and Natural Resources also has a claim against the City for $1,062,786.21 for the death of watercress darters, plus the deaths of more than two million individuals of a protected species of snail.
The ADCNR is contemplating a lawsuit against the City to collect that claim, according to a press release.
The Service’s action stems from an incident that happened September 19, 2008, when a City maintenance crew removed a beaver dam from the Roebuck Springs pool in Hawkins Park. The crew also breached an underlying earthen dam that formed the spring pool where more than 20,000 of the small endangered fish lived.
Breaching the dam quickly drained the spring pool and stranded and killed thousands of watercress darters among a mass of drying aquatic plants.
“The massive fish kill resulted in the loss of more than half of the largest known population of this species,” said Cynthia K. Dohner, the Fish and Wildlife Service’s Southeast regional director.
Watercress darters are listed as endangered under the Endangered Species Act and are a trust resource protected by Alabama law. The only populations in the world are found in five spring pools and spring brooks in Jefferson County, Alabama, within the metropolitan area of Birmingham.
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