MONTANA REJECTS WILD BISON

 

 

In recent weeks, Montana – its legislature and governor – ignored majority public opinion and rejected any state participation in a bison restoration project within the state. Two bills signed by Governor Gianforte essentially make the rejection permanent, so long as they remain state law. Doubling down on the legislative position, Gianforte produced a pandering agreement with United Property Owners of Montana, scrapping 12 years of Fish, Wildlife & Parks, and public, efforts to produce an environment impact statement that merely concluded that bison restoration in Montana is still possible. Gianforte voided the impact statement and its Record of Decision and committed Montana not to restart an effort toward bison restoration for 10 years. More, it appears that his administration has removed the bison management page from the Fish, Wildlife & Parks website.

HB 318 redefined “wild bison” in a manner that disqualifies all possible bison for use in a transplant necessary to reestablish a bison herd. HB 302 requires approval of the local county commission for any such transplant, an action that is improbable in the foreseeable future.

Essentially, two challenging options remain for restoring wild bison on the Charles M. Russell National Wildlife Refuge. Both require the federal government and its Fish & Wildlife Service (FWS) to recognize the century-long obstinacy of Montana toward bison restoration and therefore to exercise federal supremacy in fulfilling federal statutory obligations on the Refuge. Gianforte has already suggested that such a move would violate states’ rights. But the courts have been clear in such cases. Federal law preempts state law when state cooperation and coordination has not been forthcoming, preventing federal lands and resources from being managed in the national interest. That said, federal agencies have used this authority sparingly.

Should the FWS decide to restore wild bison on the Refuge, two options are apparent. It may accept a Native American proposal for Tribal-trust bison, under Tribal management, on the Refuge. (See this option in the 29 April News.) Or, FWS may opt to restore public-trust bison, under FWS management, with equal consultations, coordination and benefits for all publics, including the Tribes.

In recent years, actions and inactions of major conservation organizations have indicated preferences for Tribal-trust bison on the federal Refuge. However, it seems they have not publicly addressed and analyzed the options for their members, nor polled them, on this issue. The Montana Wild Bison Restoration Coalition believes the majority of Montanans, and of all Americans, prefers public-trust, wild bison on the CMR Refuge. Important, precedent-setting decisions, hopefully with broad public awareness and discussion, are ahead.

 

Fish & Wildlife Service Considers Restoring Bison on CMR Refuge

 William Hornaday proposed a wildlife reserve where bison could
be restored along the Missouri River in 1910

 

In a recent release, the Associated Press cites an Interior Department statement that the U. S. Fish & Wildlife Service plans to launch a “multiple-year” process to “engage Tribes and stakeholders” to consider restoring bison on the Charles M. Russell National Wildlife Refuge. The process, likely an environmental impact statement or an environmental analysis tiered to the current CMR Refuge plan/EIS, is expected to begin in July.

Almost immediately after the AP announcement, Montana Governor Gianforte was quoted as saying the plan “raises questions about federal intrusion into state wildlife issues.” Currently, there are no public-trust, wild bison year-round in Montana, where restoration of bison has been opposed for many decades. Recently, the 2021 Montana legislature passed two bills that would render bison restoration in the state impossible. One of these, already signed by Gianforte, provides any county commission with power to veto any bison transplant within a county, even on a federal refuge. Moreover, the Gianforte administration has attempted to commit Montana to not consider bison restoration for at least 10 years.

Under the National Refuge System Administration and Improvement Acts, the FWS is required to ensure the biological integrity and diversity of refuge resources to benefit all Americans. Restoration of species is encouraged “where appropriate”. In this, the FWS must “coordinate, interact and cooperate with state wildlife agencies. But, when state obstinacy and actions conflict with federal statutory obligations, courts have recognized a preeminent federal role.

In response to state opposition to bison restoration, Montana Native American Tribes have suggested placing Tribal bison on the CMR Refuge, under Tribal management to benefit Native Americans.

Although the details are yet unclear, the FWS intention to proceed toward restoring bison as a keystone species on the CMR Refuge is encouraging. However, the Montana Wild Bison Coalition opposes using Tribal bison and management as a solution to state opposition against bison on the CMR. FWS and Secretary of Interior Haaland have an obligation to restore diversity and integrity of biological resources on the Refuge for all American citizens - the many, not the few.