In April, the U.S. Fish and Wildlife Service surprised many by deciding the fluvial (river-dwelling) population of arctic grayling in the Big Hole River wasn't genetically different enough from the more common lake-dwelling variety to be considered unique under the federal Endangered Species Act.
The decision was a major change of direction.
In 2004, the agency elevated the grayling's status to “high-priority candidate” for listing as its numbers continued to drop.
Then, this year, agency officials reversed direction and denied the listing.
Now comes a lawsuit filed by the Center for Biological Diversity, Federation of Fly Fishers, Western Watersheds Project, Pat Munday and George Wuerthner, seeking to overturn the agency's latest decision.
“The Montana fluvial arctic grayling is on the brink of extinction in the United States,” said Noah Greenwald, conservation biologist with the Center for Biological Diversity. “In decisions over the grayling and dozens of other wildlife species, the Bush administration has repeatedly disregarded survival of the nation's wildlife.”
The groups contend the decision to change direction on the Montana grayling was political and pushed through under the influence of the former Assistant Secretary of Fish, Wildlife and Parks. Julie MacDonald resigned under pressure last April following a Department of Interior inspector general investigation that found she'd bullied agency scientists to change their conclusions and improperly released internal documents to industry lobbyists and attorneys.
The Center for Biological Diversity has since filed six different lawsuits involving species that had been denied ESA protection, including the Mexican garter snake, Mississippi gopher frog and the arctic grayling.
“In denying the grayling protection, the Bush administration has once again ignored science and the law,” said Munday, director of the Grayling Restoration Alliance, based in Butte. “Unfortunately, this could spell disaster for the last river-dwelling population of grayling in the continental U.S.”
The fluvial arctic grayling was once found throughout the upper Missouri River drainage above Great Falls. Its range has been reduced to a single self-sustaining population in the upper Big Hole River.
“The grayling is a unique part of the natural heritage of Montana,” said Leah Elwell, conservation coordinator for the Federation of Fly Fishers. “Loss of the grayling would be a terrible tragedy for anglers, Montanans and the nation.”
State and federal biologists have been working with landowners in the Big Hole Basin for several years to implement conservation agreements to protect riparian habitat in an effort to help restore grayling populations.
More than $1 million has been spent so far on projects on private lands to restore fish habitat, build riparian fencing, install stock water wells and remove feedlots from the floodplain, said Montana Fish, Wildlife and Parks biologist Jim Magee.
“This fall, we had 17 different projects in the Big Hole,” Magee said. “Some of them were pretty big habitat restoration projects.”
So far, 31 Big Hole landowners have voluntarily agreed to participate in the federal conservation program on their properties, in return for some protection should the arctic grayling eventually be listed.
Nearly all the arctic grayling's range is on private land.
Because of that, Magee said it's vital to have the cooperation of private landowners. So far, more than 150,000 acres of private lands have conservation agreements.
“If we don't have private landowner cooperation, it would be extremely difficult to get this work accomplished,” Magee said.
The U.S. Fish and Wildlife Service's decision in April hasn't deterred landowners, he said. Since then, four have enrolled in the conservation program.
“Including one last Friday,” Magee said. “We're still getting more interest from other landowners.”
U.S. Fish and Wildlife biologist Doug Peterson said he continues to facilitate the federal conservation agreements in the Big Hole.
“That remains a priority for myself and the Montana field office,” Peterson said.
While the Center for Biological Diversity supports the efforts of individual landowners, Greenwald said “the fact remains that voluntary efforts have been going on for over a decade and the grayling population continues to drop and the river has nearly dried up every year for the last seven years.”
At the very least, Greenwald said there needs to be measuring devices at diversions to ensure that enough water is left in the river for grayling.
Reporter Perry Backus can be reached at 1-800-366-7186 or at pbackus@missoulian.com.
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