Dr. James A. Bailey Passing

 

Jim's Obituary written by his daughter Tina. Jim's biography can be read here.

Prof. James Allen Bailey of Belgrade, MT, finally let go the mortal coil on May 30, 2023. He had just finished mowing the lawn and sat down to rest on the back porch to gaze at his “shining mountains,” fell asleep and did not wake up. He died knowing the Cubs had won that day. He was aged 89 years and 16 days.

Jim was born at home on Melrose Street in Chicago, Illinois to Ella Voss Bailey and Leo Carl Bailey. He was an Eagle Scout and was presented his badge by Rear Admiral Richard Byrd, Antarctic explorer. He earned his B.Sc in Forestry at Michigan Technological University and his M.Sc and Ph.D in Wildlife Biology at State University of New York in Syracuse.

He met his bride, Natalie Ann Jewett, in Syracuse while busing tables at the Savoy Restaurant. He told her his name was George G. George and she believed him for weeks. Jim and Nan enjoyed travelling the wide open road in several different motor homes throughout the years and particularly enjoyed the southwest. He often sang “You Are My Sunshine” to her and she always made sure he had cookies in the cookie jar.

Jim served as a researcher in the Army Chemical Corps when he was drafted in 1960. He began his long career as an instructor of Wildlife Management at the University of Montana in 1964. He then joined the faculty in Wildlife Biology at Colorado State University in Fort Collins where he remained from 1969 until 1991. Upon retiring, he took a position as Assistant Director of Conservation Services at the New Mexico Game and Fish in Santa Fe, serving from 1994 through 1991. He also consulted for several tribes and reservations seeking input on managing their big game populations. Jim and Nan moved to Belgrade in 2005 where he began to study, write about and tirelessly advocate for wild bison.

Jim was the author of several books and numerous publications and articles in the field of wildlife management, including The Principles of Wildlife Management and American Plains Bison, Rewilding an Icon. He and his many graduate students conducted extensive research and collectively contributed many publications while observing Bighorn Sheep and Rocky Mountain goat populations in Colorado. Jim’s last crusade was as coordinator of the Montana Wild Bison Restoration Coalition, seeking to reintroduce wild bison to the CM Russell Wildlife Refuge.

He was a member of the Colorado and New Mexico chapters of The Wildlife Society, The Gallatin Wildlife Association, a Life Member of the Rocky Mountain Bighorn Society, the Desert Bighorn Council and the Northern Wild Sheep and Goat Council. He was also an official member of the Die Hard Cub Fan Club since 1944 and lived to see “the day hell froze over.”

He is survived by his wife Nan, brother Richard of Novato CA, daughter Tina of Auburn CA, son Mike of Willow Creek MT, grandson Kirk of Belgrade MT, granddaughter Sara of Loomis CA, grandson Evan of Aloha OR and great granddaughter Nova Rainbow of Loomis CA. No services are planned at this time. 

Vaya con Huevos, Jim. May the coffee in heaven be dark as mud and the beer cold as mountain run-off.

Bison Coalition Petitions Department of Interior to Fulfill Public-trust Responsibilities for Preserving Wild Plains Bison

 

In an April 14 letter to Interior Secretary Deb Haaland, the Montana Wild Bison Restoration Coalition responded to Department of Interior Order 3410, the Bison Conservation Initiative of 2023. The letter noted perceived deficiencies in the Initiative and suggested a path forward that would “clearly recognize and commit to dealing with the most serious bison conservation issue south of Canada; and commit to providing equal and legally mandated access to wild public-trust bison on federal lands.”

The Coalition noted that gradual but persistent domestication is “the most serious threat to plains bison in the USA”; but is essentially neglected in Order 3410. Without defining “wild bison”, 3410 asserts there are 15,000 “wild” bison in the country, misleading the American public. The genetics of most of these 15,000 bison in “conservation herds” are being domesticated with small herds and artificial management in less-than-wild environments.

Order 3410 briefly mentions a need for consistency with unnamed federal laws. The Coalition asserts: “The people deserve a more complete review” of the legal mandates within the Park Service Organic Act and the Refuge System Improvement Act.

The overwhelming focus and stated priority of Order 3410 is to develop Tribal co-stewardship of bison on federal lands. There is no discussion of how this priority will complicate Refuge management, affect public access to bison, determine management goals and practices, or possibly conflict with existing laws that emphasize biotic diversity and integrity (wildness).

South of Canada, Tribes have well over 20,000 bison in about 65 herds on reservations. Tribes have received thousands of excess federal bison since at least the 1960s, and this process will continue.

 In Contrast, the Department of Interior has about 15,000 bison in only 10 herds managed without existing co-management with a state or The Nature Conservancy. These are the only herds with clear, reliable, legal mandates to restore and maintain wildness of plains bison. Only 2 of these herds have at least 1,000 bison, the minimum number for avoiding serious genetic drift. Four herds are less than 100 bison. Additional large herds are critically needed.

 As a path forward, the Coalition petitions the Department of Interior to:

1. Recognize the threat of domestication to conservation of wild plains bison.

2. Commit the 10 above public-trust bison herds under complete Department control, as a separate genetic metapopulation with priorities for restoring wildness of bison, benefiting all Americans.

3. Restore a large public-trust wild bison herd on the Charles M. Russell National Wildlife Refuge, the largest federal refuge within the historic range of plains bison; and commit this herd into the above metapopulation.

On CMR Bison, Legislature Misinterprets Laws, Reality, and Montana Values

 

With Senate Joint Resolution 14, the Montana legislature lobbies the United States Congress and 3 federal agencies to prevent restoring public-trust, wild bison on the Charles M. Russell National Wildlife Refuge (CMR). SJ 14 passed both houses with party-line votes. It claims the State of Montana opposes any restoration of bison on the CMR. In contrast, 3 random polls have shown that about 70% of Montana voters support returning bison to the CMR.

The CMR is the largest federal refuge within the historic range of plains bison.

The legislature claims that the state has supreme jurisdiction over wildlife on federal lands and that unilateral restoration of bison would violate the U. S. Constitution. This legal mythology was extensively reviewed and denied in the Journal Environmental Law (2017) by a University of Montana law team. The Refuge System Improvement Act (1997) directs the Refuge to collaborate with the state “for timely and effective [resource] management to the extent practicable”. Getting bison on the CMR, proposed in 1937, has not been timely or effective, and given anti-bison laws from the 2021 legislature, waiting longer for state collaboration is clearly not practicable.

The legislature warns of disease transmission from bison to private livestock, whereas this has not been a problem with several herds of private bison already surrounding the CMR – a condition that is common throughout the country.

The legislature exaggerates the amount of state land within the CMR; but correctly notes that achieving state goals for these parcels is difficult, as they are isolated within the Refuge. Clearly, it would benefit the state, occasional private users of these lands, and the Refuge, if state lands within the CMR were traded for isolated federal lands outside the CMR.

A Reliable Future for Public, Wild Bison Depends on Only 10 Herds

 

 Recent NEWS items presented two different numbers for plains bison herds with reliable mandates to restore and maintain wild, public bison. March 13 NEWS referred to 13 herds; upon further study, March 27 NEWS referred to only 10 herds. Here we clarify this change.

To qualify, a herd must be managed as public-trust bison, with primary management to develop and maintain natural selection that is preponderant over artificial selection and genetic drift. Only Department of Interior herds, under the Park Service or under Fish & Wildlife Service Refuges qualify under relatively dependable legal mandates for wildness enacted by Congress.

Previous news releases from the Department of Interior claimed as many as 19 federal bison herds with 11,000 bison are managed for biotic diversity and biotic integrity – the equivalent of “wildness”. Subsequent news releases by this and other organizations have reduced this number to 16, 13, and now 10. Nine of the alleged 19 public, wild herds are:

2 herds in Alaska -- Not on native plains bison range.

1 herd on the Bison Range in Montana -- Recently ceded to the Kootenai/Salish Tribes.

2 herds in Utah -- Book Cliffs and Henry Mountains herds: spend some or much time on federal lands; but are managed and limited as state game animals and (Book Cliffs) by the northern Ute Tribe.

1 herd in Wyoming -- Jackson Hole herd: co-managed as state game; recently reduced from 1000 to 500.

1 herd in Arizona -- Has habitat in Grand Canyon National Park: co-managed as state game to limit numbers and consequent damage to Park’s prehistoric relics.

2 herds in Colorado and Kansas -- co-managed with The Nature Conservancy; have some federal habitat, but most habitat is TNC.

Likely, Department of Interior has collaborative agreements to exchange animals between these 9 herds and Interior herds to limit loss of alleles to genetic drift. However, excluding 2 herds in Alaska, the management priorities for these herds include production as game or for sale, limiting competition with private livestock, or other priorities that detract from managing for wildness.

Thus, the future of wild plains bison genomes, south of Canada, depends upon the remaining 10 herds, with approximate herd sizes totaling 7,880 bison and only 2 herds with at least 1000 bison to forestall weakening of natural selection by genetic drift. These herds are:

Yellowstone National Park: 4800 bison, not welcome in surrounding states.

Badlands NP: 1000 bison (new management plan coming).

Wichita Mountains National Wildlife Refuge: 650 bison.

Theodore Roosevelt NP: 525 bison (south herd: 350; north herd: 175).

Wind Cave NP: 400 bison.

Fort Niobrara NWR: 350 bison (includes separate “Sully” herd of 60).

Neal Smith NWR: 70 bison.

Rocky Mountain Arsenal NWR: 55 bison.

Whitehorse Hill Nat. Game Preserve: 20 bison.

Chickasaw Nat. Recreation Area: 10 bison.

These 10 herds are critical to preserving examples of genetically wild bison within the public trust. In the long run, they will be inadequate. Herds less than 100 must be enlarged. Additional large herds on large, diverse landscapes are needed.

Three large or growing private herds¹ may contribute some to saving “wild” alleles; but their management today includes some artificial selection, and limited natural selection, and they are not public-trust herds. There is no evidence that any Tribal herds have management priorities to retain wildness of bison. One impressive Tribal attempt was abandoned in 2004².

¹TNC Tallgrass Preserve in OK; TNC Medano Ranch in CO; American Prairie in MT.

²Braun, F. F. 2008. Buffalo, Inc. University of Oklahoma Press, Norman, OK. p. 235.

Wildlife Management Institute Lauds Interior Bison Initiative: Disregards Domestication Threat

 

 A recent news release from the Wildlife Management Institute describes Interior Secretary Haaland’s Order 3410, “Restoring American Bison and the Prairie Grasslands”. (See release on WMI website: wildlifemanagement.institute.) WMI was careful to avoid any limitations or important uncertainties in the Order, or the associated Interior news release. WMI reiterates wordings provided by Interior, with little comment. Important information, buried in an appendix to 3410, was neglected.

Unfortunately, avoiding the uncomfortable issues in public discourse has facilitated persisting domestication of public-trust wild bison for decades.

This is the third Interior Bison Initiative since 2008. It is described as “establishing” a Bison Conservation Working Group; whereas a Working Group has also existed for 14 years. On balance, previous Initiatives and Work Groups have been able to make little on-the-ground progress in restoring wild, public bison on large landscapes. It is easy to be skeptical about another initiative. But hope remains.

WMI mentions Interior’s goals of “wild and healthy” bison, and a “viable” bison species; but does not define these terms. (We define “wild” as a herd influenced by a preponderance of natural selection – equal to Interior’s mandates for biotic diversity and integrity. “Healthy” has different meanings for individuals vs. for herds. With thousands of extant bison, the species is already “viable”.) The word “domestication” is not used, even though the foremost threat to a future with wild plains bison in the USA is domestication of the species.

Success of the Initiative is described as “depending upon” collaboration with states and Tribes. If this is 100% true, Interior is signaling retreat from its obligations to unilaterally manage National Park and Refuge resources, if collaborators supporting federal mandates for wildness are unavailable. History may be repeated.

WMI does not mention the overriding emphasis in 3410, upon Tribal needs and plans for Tribal co-management of public bison on public lands. A significant place for public-trust, wild bison in the Initiative is not assured.

WMI notes that Interior manages or co-manages 16 plains bison herds south of Canada. Only 10 of the 16 are under exclusive management of Interior in Parks and Refuges. In the other 6 herds, efforts to restore wildness according to federal mandates, can be much diluted by existing co-management. And only 2 of the 10 exclusively Interior herds are large enough to forestall random genetics that will weaken natural selection for wildness.

For public-trust, wild bison, the success of the Interior Bison Initiative will depend upon greater public understanding of the domestication vs. wildness issue and public support to fulfill the wildness mandates of federal Parks and Refuges. WMI can help to address this critical problem that has plagued restoration of wild bison for decades.

In that regard, we applaud WMI’s mention of a potential restoration of wild bison on the Charles M. Russell National Wildlife Refuge. It is the largest federal refuge within the historic range of plains bison. Significant restoration of public, wild bison likely cannot be achieved in the USA without a large herd on the CMR Refuge. We urge WMI to join us in aggressively promoting restoration of bison, under the 1997 Wildlife Refuge Act, on the CMR Refuge.

Interior has allocated $25 million to support the Bison Initiative. A two-track program, for Tribal and public bison, will be needed to use the funding fairly. The Biden administration has little time left. Any delay will jeopardize the program.

Interior Department Prioritizes Tribal Bison: Commitment to Maintain Wild Bison Uncertain

Coalition Promotes Two Equal Tracks for Interior Department Bison 

A March 4 Department of Interior News Release, based on Secretary Haaland’s Order 3410, describes a new federal commitment to restore “wild and healthy” populations of bison on American grasslands. It states that Native American led opportunities to establish new large herds owned or managed by Tribes will be centrally prioritized. A “shared stewardship plan” is described in 3410. As presented, shared stewardship implies co-management and some degree of co-control of public bison with Tribes. Unfortunately, “wild and healthy” are not defined, and neither the news release nor 3410 recognize laws mandating Interior to restore truly wild public-trust bison in National Parks and Refuges, and these documents do not acknowledge almost certain conflicts between these obligations and Tribal goals.

As background, a misrepresentation of 19^th century bison history occurs in the news release and in 3410. The complicated eradication and near extinction of bison is presented emphasizing a “U. S. policy” intended to “harm and control” Tribes that depended upon bison. This oversimplification of history is common in today’s media. In reality, bison were near-eradicated for several reasons including commercial harvests as well as to “control” Tribes. Both Euro-Americans and Native Americans participated, though not always equally or for the same purposes. A selective, biased presentation of 19^th century history should not be used to justify exceptional access to public bison for Tribes today. A more complete and authentic history would recognize our common humanity and be less divisive in today’s world. We cannot heal what we do not reveal.

Today, plains bison exist in private commercial herds, in Tribal herds, and in “conservations herds” owned by government agencies, The Nature Conservancy or by American Prairie. Only 13 herds are fully controlled by the Department of Interior. For plains bison in the USA, the most important conservation issue is the long-practiced and continuing domestication of bison with loss of wild genetics. Restoration and maintenance of wildness in bison requires a large herd to forestall effects of genetic drift, minimizing artificial selection practices, and maximizing natural selective forces, to the extent practicable. (See elsewhere on this website under the toolbar “Why Wildness”.) Most bison herds are small and subject to some, usually a lot of, artificial selection. Domestication is most pronounced in commercial herds containing the vast majority of plains bison. For bison in the USA, only 13 federal herds within National Parks and Wildlife Refuges have a reliable mandate, in the law, to restore and maintain wildness. These herds are critical to the future wildness of our plains bison.

The Department of Interior has dual obligations for bison management – centered in its Bureau of Indian Affairs, the National Park Service and the Fish & Wildlife Service. Tribal goals vary among tribes and have varied with time, as indicated by the limited but consistent information available for current Tribally-owned herds. Tribal goals appropriately emphasize Tribal nutrition and economic development, with management for abundant production. This emphasizes artificial selection that is not compatible with National Park and Federal Refuge mandates for wildness.

Today, 63 Tribes own over 20,000 bison (Intertribal Buffalo Council website). Almost all these herds are small such that genetic drift augments preponderant artificial selection. This compares to only 13 federal herds with about 10,000 bison. Only 2 of these federal herds have at least 1000 bison, possibly sufficient to forestall effects of genetic drift in weakening natural selection.

Despite the above disparity and the overwhelming threat of domestication to plains bison, Haaland’s news release and 3410 emphasize support for more Tribal bison, including “shared stewardship” and “prioritizing Tribal led opportunities” to enhance bison on federal lands. Mandates of the Department of Interior emphasizing natural selection that is not compatible with major Tribal goals requiring artificial management are relegated largely to an appendix of 3410. The stark inadequacy of Interior’s few, mostly small, bison herds to avoid further domestication is not mentioned.

The Charles M. Russell National Wildlife Refuge lies in the center of this disparity. It is the largest federal refuge within the historic range of plains bison. It has no bison, despite decades of efforts to promote restoration. It is the most obvious federal opportunity to establish a “large, wide-ranging bison herd subject to the forces of natural selection, where their role as ecosystem engineers shapes healthy and diverse ecological communities (Section 3,f; appendix to 4310). The Refuge Improvement Act (1997) provides a clear mandate for this important goal. Tribal co-management may be illegal and would threaten the necessity to minimize artificial management for bison production on the CMR.

The Bison Coalition has supported a two-track approach to achieving the goals of Haaland’s bison initiative. (See NEWS, August 11 and 21, 2021, this website.) We should support Tribal bison for Tribal needs on Tribal lands; but the critical status of federal bison, with but 2 large herds to save wild bison genomes, and Congressional mandates for the Park Service and for Federal Refuges, dictate a separate management track focused on bison wildness.

(Possible introduction of wild bison on BLM or Forest Service lands, likely under state management, is not addressed here. It will be politically difficult; but could occur based on Tribal political support. The subject of Tribal co-management of such bison on federal multiple-use lands is beyond the scope of these comments. Any devil would be in the details to be negotiated.)

Montana Senate Opposes Bison for the CMRussell Refuge

 

 By a vote of 34-16, the Montana Senate has passed Joint Resolution 14, opposing bison introduction at the Charles M. Russell National Wildlife Refuge. The resolution has been transmitted to the House of Representatives. (see more at leg.mt.gov)

The Resolution notes that the Federal Fish & Wildlife Service has identified the CMR Refuge as a potential location to restore public trust bison. (FWS has contacted potential stakeholders re this possibility. However, this Resolution was written before Department of Interior Secretary Haaland released Order 3410 with general details of a new DOI Initiative for bison restoration. Order 3410 does not mention any Refuge by name.)

The Resolution states that Montana has supremacy for wildlife management, even on federal lands including Refuges; and suggests that unilateral bison introduction by FWS would violate the U. S. Constitution. However, a review of this issue (Nie et al. 2017) debunks this states-rights position.

The Resolution asserts that bison restoration on the Refuge would jeopardize critical grazing land. There is very little, and infrequent livestock grazing on the Refuge. Very much of the surrounding grazing land is federal, Bureau of Land Management land, leased for a pittance. Studies have shown that bison grazing can enhance native grasslands whereas livestock grazing tends to damage the soil and flora, especially in riparian areas.

Also claimed is that bison would increase disease transmission between livestock and wildlife. We note that private commercial bison herds are abundant, with only rare transmission of disease to livestock, and more transmission from livestock to several wildlife species.

The Resolution fears for livelihoods of ranch families who may have to bear costs of unspecified “damages” caused by bison. It also mentions a potential loss of state revenue from small parcels of state land within the Refuge. We believe these issues would be minimal and can be handled in a fair manner, once FWS would prepare an impact statement for bison restoration.

The Resolution fails to note that the 2021 Montana legislature has already made bison restoration by the state impossible. Thus, FWS must act on its own to fulfill its legal mandates dating back to the 1997 Refuge Improvement Act of the federal Congress.

Thus, the Resolution proclaims the state of Montana opposes introduction of any bison on the CMR Refuge. However, three Montana polls have shown about 70% approval of bison for the CMR. The Resolution recognizes the state has a vested interest in the economic health of agriculture through disease control and promoting the much subsidized industry. No comparable interest in Montana’s biodiversity or the biotic integrity of Montana’s ecosystems, nor any ethical obligation to support any national goals are recognized.

Approval of SJ 14 by the Montana House of Representatives is expected.

Nie et al. 2017. Fish and wildlife Management on federal lands: Debunking state supremacy. Environmental Law 47:797-932.