
In
previous Coalition News items, going back at least 9 months, we have
noted that restoration of public-trust, wild bison on the Charles M.
Russell National Wildlife Refuge has been mandated, supported and
confirmed by Congress in the Wildlife Refuge Improvement Act (1997),
by the Department of Interior’s 2008 Bison Conservation Initiative
(recommitted in 2012), and by goals of the Refuge Conservation Plan
(2012). Here, we add the Fish & Wildlife Service Manual (2008) as
a source for these clear commitments.
The
FWS Manual summarizes policy, and guides employees in the management
of resources under Service supervision. Appropriate sections are
based largely upon mandates of Congress in the Refuge Improvement
Act. The Act mandates maintaining and restoring, where appropriate,
the biological integrity and diversity of the federal Refuge System.
The
Manual defines biological diversity as the variety of life and its
processes, including genetic differences and the ecosystems in which
they occur. It defines biological integrity as the composition,
structure and functioning, at genetic, organism and community levels,
comparable with historic conditions, including the natural biological
processes that shape genomes, organisms and communities.
These
mandates cannot be fulfilled on the CMR Refuge without restoring a
large population of bison, as a keystone species managed for wildness
and influencing habitats for other plants and animals over a large
and diverse landscape. Despite persisting opposition to bison
restoration in Montana, the Service has never claimed that such
restoration is “not appropriate”.
The
Manual states “biological diversity and integrity are critical
components of wildlife conservation” and “We
will restore lost or severely degraded elements of integrity and
diversity
at
the refuge scale.” Despite these mandates and repeated commitments,
the Service has been waiting many decades for the state of Montana to
reintroduce public bison on the CMR Refuge.
That
said, the Manual states that the Service will coordinate with the
state wildlife agency in a timely and effective manner and will
ensure that federal management plans are, to the extent practicable,
consistent with state laws. Clearly, Refuge coordination with Montana
on restoring bison to the CMR has not produced timely or effective
results. Moreover, any such restoration of bison cannot be consistent
with recent state laws and therefore could not be practicable.
It
is time for the Fish & Wildlife Service to proceed, without
Montana’s blessing, with restoration of bison on the CMR Refuge --
obeying Congressional mandates and fulfilling the Service’s stated
commitments. No doubt, the current Montana administration would
appeal to the courts. But past courts have established a federal
prerogative over management of resources on designated federal lands
(Nie et. al 1917), and the Refuge Improvement Act should supersede
state laws.
For
many years, federal natural resource agencies have ceded most of
their management authority and obligations for wildlife population
management on federal lands to the states, even to the extent of
ignoring Congressional mandates. Restoring bison to the CMR Refuge is
a clear and extreme case and deserves bold action that would result
in a landmark court decision. The legal door to bison on the CMR is
open; only a closed political door prevents federal action to fulfill
federal mandates and, so far, empty written commitments of the Fish &
Wildlife Service.
Nie,
M., C. Barns, J. Haber, J. Joly, K. Pitt and S. Zellmer. 2017. Fish
and wildlife management of federal lands: Debunking state supremacy.
Environmental Law 47 (4): 1-126.