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A lawsuit regarding the flycatcher has been brought against the Fish and Wildlife Service and the Bureau of , Reclamation by a group which is a party to the multi-species planning, the Southwestern Center for Biodiversity. Essentially, they want the water levels of Lake Mead lowered and better managed, beyond that provided in the plan, to better expose deltas at the mouth of the reservoir so that the flycatcher can have improved nesting and rearing habitats. Last year the court ruled to allow the defendants to operate according to the plan. The ruling was appealed and was heard by the 9th US Circuit Court in February 1998, but a ruling has not yet been received. It is very difficult to know what will occur. It is likely that other lawsuits on behalf of other species will be brought forward before the conservation plan will be finalized and put into , action. A question was raised relative to the response of some parties of the agreement to issues several environmental groups have with the agreement. Sjoberg and Meisler believed that all entities have been in support with the overall agreement. Most of the arguments seem to be occurring with how and where activities can take place, particularly with regard to Mexico. Virtually all the environmental organizations support taking actions beyond the bounds defined in the plan, while other parties, especially the power companies, are not interested in looking outside the boundary, especially South of the border. However, no one appears to be going to walk away from the table because of these issues. CREWr Participation in the Zebra Mussel Control Program Linda Drees, Fish and Wildlife Service, provided this information with Messers Janish and Sjoberg who helped report on staff participation in response to Council assignment. Since introduction in about 1988, the Zebra Mussel has spread from the Great Lakes throughout most of the Eastern United States. The species occurs in great numbers and clogs pipes, and coats shorelines and water delivery devices. Effects on native wildlife are little known although what is known is not good. Evidence from state border checking stations proves they are now moving through the Western States to the West Coast. The primary vector is considered to be via boats carried by land traffic. 2 1