Yellowstone grizzly prospects improve as relisting ruling is upheld

Yesterday, U.S. District Judge Donald Molloy wisely denied the Department of Justice's efforts to reverse his September 21st decision that restored endangered species protections to the Yellowstone grizzly bear population. The Yellowstone grizzly is still at risk: global warming poses a massive new threat to the bear's survival by facilitating an attack on an essential food source. Warming at high elevations has sparked a massive pine beetle outbreak that has resulted in the death of more than half of the ecosystem's whitebark pine forests. These forests are also threatened by a non-native pathogen, white pine blister rust, which is infecting an increasing number of whitebark pine.

The seeds of whitebark pine are critical to the health of the Yellowstone grizzly bear population. Although Yellowstone grizzlies eat everything from ants to buffalo, it is this tiny, fatty seed of the whitebark pine, conveniently cached by the red squirrel, that drives female reproductive success. And, perhaps just as important, by keeping bears foraging in remote, high places, whitebark pine forests help prevent human-bear conflicts and excessive mortalities.

Whitebark pine has been collapsing in the Greater Yellowstone Ecosystem — and, indeed, throughout its entire range — over the last 7 to 10 years. Its functional extinction in Greater Yellowstone is expected in 5 to 7 years, according to some experts. But by removing federal protections for the Yellowstone grizzly bears, the U.S. Fish and Wildlife Service (FWS) turned its back on the problem — and mountains of excellent science — claiming that bears will find alternative foods. FWS, however, did not show one shred of evidence that those alternative foods would be sufficient substitutes for the high-quality, fatty whitebark pine seed that is so important to grizzlies before they hibernate.

Judge Molloy found that the best available science on whitebark pine contradicted FWS's conclusion that whitebark pine doesn't matter. In yesterday's court order, Judge Molloy wrote, "As discussed in the Court's Order, the studies [in the court record] contradict [FWS's] position that decreases in whitebark pine do not pose a threat to the survival of the Yellowstone DPS [distinct population segment]. Every study suggests the opposite: whitebark pine availability has an impact on grizzly bear fecundity and mortality, and declines in whitebark pine are tied to declines in the population numbers. It is this disconnect between the science and [FWS's] conclusions that the Court relied on in granting summary judgment to Plaintiff... Defendants have not established that the Court's decision regarding whitebark pines was clearly erroneous or that the Court made a factual mistake in reviewing the agency's decision regarding whitebark pines. Therefore, the Court will not alter or amend the judgment with respect to whitebark pine."

Judge Molloy also found that the established regulatory systems were not adequate to protect the grizzly bear population after delisting. The excessive number of dead bears in recent years is testimony to the need for federal protections. In 4 of the last 5 years, mortality thresholds have been violated. And several weeks before grizzlies will finally go to sleep for the winter, we are just a single male bear away from once again violating allowable mortality thresholds.

At the interagency grizzly bear meeting in Jackson, Wyoming, a few weeks ago, a number of managers expressed denial and anger at Judge Molloy's ruling, although there was no discussion about the substance of the ruling or the Judge's reasoning. In the 1970s, Dr. Elizabeth Kubler-Ross developed a framework to summarize how people deal differently with shocking news, such as death. She called these the "five stages of grief." The stages start with Denial, proceed to Anger, then Bargaining, then Depression and finally Acceptance. Managers stuck at the denial and anger stages must quickly move toward acceptance and constructive action, while there is still time to ensure a healthy future for the Yellowstone grizzly bears.

Listening to and incorporating the many good suggestions made at the recent Jackson meeting would be a good start. For example, Teton County attorney Steve Weichman suggested that state legislation requiring all permittees on public lands (hunters, anglers, outfitters, etc.) to carry bear spray in grizzly country be enacted. This is smart policy, since bear spray has been proven to be far more effective than firearms in ending human-bear conflicts, and less deadly for all parties. Montana BLM district manager Tim Bozorth suggested that the grizzly bear committee submit comments to the Agricultural Research Service, recommending that the practice of grazing by the last remaining bands of sheep (owned by federal taxpayers) within the grizzly bear recovery zone be reevaluated and alternatives explored to avoid grizzly/livestock conflicts in a key corridor between Yellowstone and other grizzly ecosystems. (Unfortunately, Bozorth's suggestion was rejected when a majority of the committee deferred to the wishes of a single member, a county commissioner with an ideological, anti-bear ax to grind -- the incident reflects the dysfunctionality of the current grizzly management system).

NRDC Wildlife Advocate Matt Skoglund suggested that additional information be collected from big-game hunters regarding encounters with bears, which would lead to a more thorough understanding of bear/hunter interactions (what works? what doesn't?) and help reduce bear-hunter conflicts. (Today, hunters are the number 1 cause of grizzly bear mortalities.) Poet Lyn Dalebout called for more reflection and appreciation of the spiritual connection we have with bears when making decisions about their future; bear management is not just about the science or the law, but our personal relationships with these animals.

But taking action on such suggestions requires a complete reconstitution of the public process around grizzly bear management. We must find a different way forward to promote civil discourse and the common interest to save one of the most treasured icons of the Greater Yellowstone: its magnificent grizzly bears.

 

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