Judge Orders Review Of Bull Trout Listing Fish And Wildlife Ordered To Reconsider Decision Not To List Fish As Endangered

Thu., Nov. 14, 1996

Bob Baum Associated Press

In a sharply worded ruling, a federal judge ordered the U.S. Fish and Wildlife Service Wednesday to reconsider its refusal to list the bull trout as a threatened or endangered species.

U.S. District Judge Robert Jones said the federal agency failed to provide an adequate explanation of why it denied an application for emergency protection of the fish in 1994.

“It’s a really positive ruling,” said Jack Tuholske, the attorney for the two Montana-based environmental groups that sued the federal agency. “It’s the first step toward restoring the aquatic ecosystems of the Northwest.”

The Fish and Wildlife Service found that the bull trout is imperiled throughout its wide range, which includes Montana, Washington, Idaho, Oregon and Nevada. However, the agency said it was precluded from listing the fish because there were other species in greater danger and because ongoing efforts to improve habitat would boost the trout’s numbers.

“That was our finding at the time,” Fish and Wildlife Service spokesman David Klinger said. “We have a ranking system where we review the threats of species and the severity of threats and, from the parameters of our budget and staff, we have to make choices on what species we should concentrate our efforts on.”

Federal attorneys are studying the 32-page ruling to determine whether to appeal. The government has 60 days to make such an appeal.

Federal protection of the fish could have broad implications on timber harvesting, cattle grazing and other forest activities across much of the West. The bull trout is a freshwater fish that has deteriorated in numbers because its ability to migrate and maintain a healthy genetic makeup has been harmed by changes in the environment, biologists say.

“We hope that this ruling sends a resounding message to the Fish and Wildlife Service and the Clinton administration: stop making excuses and start making progress,” said Steve Kelly, a spokesman for Friends of the Wild Swan, one of the plaintiffs.

Friends of the Wild Swan and Alliance for the Wild Rockies filed a petition in 1992 asking the Fish and Wildlife Service to list the bull trout as endangered.

In 1994, the federal agency issued its “warranted but precluded” ruling. It ruled that the bull trout was only in “moderate” danger. A year later, it increased the fish’s priority for listing but did not change its conclusion.

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