U.S. Fish and Wildlife Service unlawfully denied a petition to list a population segment of Yellowstone bison under the Endangered Species Act.
Image from
Buffalo Field Campaign
U.S. Fish and Wildlife Service unlawfully denied a petition to list a
population segment of Yellowstone bison under the Endangered Species Act,
Friends of Animals, along with the Western Watersheds Project and Buffalo
Field Campaign, said in a complaint filed in federal court Monday.
The groups claim that FWS applied the wrong evidentiary standard, and
disregarded evidence of factors that imperil the unique and distinct
subpopulations of bison roaming the northern and central ranges of the
Yellowstone ecosystem. FWS’s finding also ignored U.S. District Court Judge
Christopher R. Cooper’s previous order that petitioners’ evidence must be
credited and the government cannot “simply pick and choose between
contradictory scientific studies.”
The groups are asking the court to reverse FWS’s unlawful finding and order
a species status review for Yellowstone’s imperiled bison herds.
In 2018, Judge Cooper ruled that FWS had illegally denied ESA protections
for a segment of the Yellowstone bison population. The ruling had overturned
FWS’s negative 90-day finding that concluded there was not substantial
information supporting the need to protect the bison under ESA.
“The fact that this was FWS’s second attempt at reviewing and assessing the
overwhelming evidence that supports listing the Distinct Population Segment
of Yellowstone bison as endangered or threatened makes its current
violations of the ESA particular egregious,’’ FoA Wildlife Law Program Legal
Director Mike Harris said.
The wild bison of the Yellowstone ecosystem are the world’s most
important bison population in existence. They are the last continuously
wild, migratory bison to exist on their native range since prehistoric
times. Fewer than 4,000 exist today due to a government plan, the
Interagency Bison Management Plan, which is heavily influenced by Montana
livestock interests. Since late-February 2020, more than 800 of these bison
—nearly 18% — have been eliminated through slaughter, quarantine, and
hunting. Bison, who are the country’s national mammal, are a sacred,
keystone species. Federal protection under ESA will ensure a future for this
iconic mammal and will help them realize their evolutionary potential.
“It’s long past time for the service to make a reasonable and justifiable
determination about whether these bison deserve protections under the ESA,”
said Western Watersheds Policy Director Josh Osher.
“While the service
continues to produce politically motivated responses that are not in
compliance with the court’s clear direction, bison are being killed at an
alarming rate that could jeopardize their future health and existence.”
FWS has 30 days to answer the wild buffalo advocates’ complaint in court.
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