JoseCuervo
New member
Poor, poor Dubya.... Always seeming to lose the suits... Thankfully there are Judges that help us hunters and fishermen protect our heritage to hunt and fish in the West on Public Lands.
Judge says cutthroat trout may need protection
Yellowstone cutthroat trout may need federal protection to ensure the species' survival, a federal judge has ruled.
U.S. District Judge Phillip S. Figa in Colorado said Friday that the U.S. Fish and Wildlife Service in 2001 illegally rejected a petition to designate the fish as threatened on the endangered species list.
Saying there was “substantial evidence” that a federal listing may be warranted, Figa ordered the FWS to undertake a yearlong comprehensive review of the Yellowstone cutthroat and reconsider whether to apply federal protections.
Environmental groups praised the decision not only for criticizing procedural steps taken by FWS but also for addressing “substantive” issues over the status of Yellowstone cutthroat.
“He basically affirmed every one of our arguments,” said Noah Greenwald, a scientist with the Center for Biological Diversity, one of the groups that sued over the government's rejection.
Chuck Davis, endangered species litigation coordinator at the FWS regional office in Denver, said he believes that the agency took the right steps in its 2001 decision but added that, if the ruling is not appealed, the government will comply with the judge's order.
“We're disappointed. We thought we had a very good finding,” Davis said.
Yellowstone cutthroat trout, one of 14 subspecies, once occupied vast stretches of Montana, Wyoming, Idaho and smaller patches of Utah and Nevada.
The fish has been eliminated from about 90 percent of its historic habitat and today uses about 4,700 miles of streams in Montana, Wyoming and Idaho.
The trout's stronghold lately has been Yellowstone Lake in Yellowstone National Park.
But in recent years, trout in the park have struggled against invasive lake trout, whirling disease and the effects of drought. Although park officials estimate there are still 1 million spawning-age cutthroat in the lake, they have raised concerns about the fish in the face of recent threats.
In 1998, several environmental groups filed a petition with the FWS to extend federal protections to the Yellowstone cutthroat. The groups said the trout was likely to go extinct in all or some of its habitat.
In 2001, the FWS rejected the petition, saying it didn't contain enough information and that some of the information was outdated.
Figa, nominated by President Bush and appointed last year, said the FWS was “arbitrary and capricious” in turning down the petition. Not only did the agency err in not using the right standards in making its decision, it also wrongly relied on future plans by state agencies to protect the fish, Figa said.
He also said the petition and other documents “credibly indicates that listing of the YCT as a threatened species is warranted because of loss of habitat.”
Figa ordered the FWS to take a 12-month comprehensive look at the status of Yellowstone cutthroat.
Greenwald said the ruling is an important step in the survival of Yellowstone cutthroat trout, which are a food source for more than 40 other species.
“There is no doubt that this fish plays a key role in contributing to the overall health of all the wild species in and around Yellowstone,” he said.
Davis said FWS will do what it can to comply with the judge's order but said its budget has already been approved by Congress and likely doesn't include funds to complete an intensive study of Yellowstone cutthroat.
“Right now we don't have it,” Davis said.
The other groups that filed a lawsuit against the FWS were Biodiversity Conservation Alliance, Pacific Rivers Council and Ecology Center.