Interagency Grizzly Bear Committee recommends delisting grizzlies from Endangered Species List

At their annual winter meeting in Missoula this week, the Interagency Grizzly Bear Committee (IGBC) met to hear reports from the various ecosystem subcommittees responsible for grizzly bear recovery and management in the six recovery areas in the contiguous United States and adjacent Canadian Provinces. After over 32 years of cooperative efforts the overall news was promising about the progress being made, especially in regards to the Northern Continental Divide and Yellowstone Ecosystems.

A presentation was made to the IGBC by Frank van Manen, leader of the Interagency Grizzly Bear Study Team (IGBST), regarding a grizzly bear food synthesis report that the team a year ago had been directed by IGBC to pursue. The purpose of the report was to address the sole remaining issue that placed the Yellowstone grizzly bear back on the Endangered Species List in 2009, after it had been originally delisted in 2007 after meeting all the required population and habitat recovery requirements. The food synthesis report is a comprehensive peer-reviewed examination of the wide range of foods available to grizzlies in the Yellowstone Ecosystem. A copy of the report is available at the IGBST website.

After the presentation, a motion to accept the findings of the study was made by IGBC member Jim Unsworth, Deputy Director for the Idaho Department of Fish & Game, “I move that the IGBC accept the IGBST (Study Team) Synthesis Report and endorse it as an adequate evaluation of food habits and the relative importance of White Bark Pine in the diet of Greater Yellowstone Ecosystem Grizzly Bears. I further move, that the IGBC recommend the United States Fish & Wildlife Service proceed with development of a new proposed rule to delist the Yellowstone Grizzly Bear Population.” The motion was supported unanimously by all the other members of the committee.

Acceptance of the report officially does nothing to trigger the delisting of grizzlies in the Yellowstone Ecosystem, but its overwhelming acceptance by the IGBC is a signal to the United States Fish & Wildlife Service (USFWS) that they can now move forward with internal review of the status of the Yellowstone Ecosystem grizzly bear population. The USFWS will review the report and will decide in the next month or so whether to move forward with a new proposed rule to delist the Yellowstone grizzly population. If this proposed rule is developed it will be published for public comment approximately mid-2014.

In addition to discussion of the Yellowstone Ecosystem, the IGBC received detailed reports on the progress being made towards moving to propose the Northern Continental Divide Ecosystem for delisting and work towards beginning a required Environmental Impact Statement (EIS) needed as part of the Recovery Plan for the North Cascades Ecosystem.



Jeff
Hiking in Glacier National Park

9th Circuit Rules that Greater Yellowstone Grizzlies to remain on Endangered Species List

In a ruling handed down yesterday, the 9th U.S. Circuit Court of Appeals said that grizzly bears in the Greater Yellowstone ecosystem should remain a threatened species under the Endangered Species Act. Circuit Judge Richard Tallman stated that federal wildlife biologists were wrong when they concluded that the decline of whitebark pine trees was not detrimental to the bears' future.

In an opinion filed yesterday, Judge Tallman states:

The Service's delisting decision, the subject of this appeal, raises a host of scientific, political, and philosophical questions regarding the complex relationship between grizzlies and people in the Yellowstone region. We emphasize at the outset that those are not the questions that we grapple with here. We, as judges, do not purport to resolve scientific uncertainties or ascertain policy preferences. We address only those issues we are expressly called upon to decide pertaining to the legality of the Service's delisting decision: first, whether the Service rationally supported its conclusion that a projected decline in whitebark pine, a key food source for the bears, does not threaten the Yellowstone grizzly population; and second, whether the Service rationally supported its conclusion that adequate regulatory mechanisms are in place to maintain a recovered Yellowstone grizzly population without the ESA's staunch protections.

As to the first issue, we affirm the district court's ruling that the Service failed to articulate a rational connection between the data in the record and its determination that whitebark pine declines were not a threat to the Yellowstone grizzly, given the lack of data indicating grizzly population stability in the face of such declines, and the substantial data indicating a direct correlation between whitebark pine seed availability and grizzly survival and reproduction. As to the second issue, we reverse the district court and hold that the Service's determination regarding the adequacy of existing regulatory mechanisms was reasonable.

You can read his full opinion here.



Jeff
Hiking in Glacier.com