Groups Claim Politics Prevented Endangered Species Act Listing For Wolverines

December 14, 2020
A lawsuit was filed Monday in a bid to gain Endangered Species Act protection for wolverines/USFWS, Audrey Magoun
A lawsuit was filed Monday in a bid to gain Endangered Species Act protection for wolverines/USFWS, Audrey Magoun

A lawsuit was filed Monday to force the U.S. Fish and Wildlife Service to protect wolverines with a listing under the Endangered Species Act, a move the agency rejected in October based on its conclusion that the fierce carnivores were doing fine, population-wise.

“This is yet another chapter in this administration’s war on science,” said Matthew Bishop, an attorney with the Western Environmental Law Center. “Public records reveal the Service decided not to protect wolverine from day one and then worked backwards to figure out how to make the decision stick. It’s really unfortunate.”

Bringing the lawsuit were the Center for Biological Diversity, Conservation Northwest, Defenders of Wildlife, Friends of the Clearwater, Idaho Conservation League, Jackson Hole Conservation Alliance, Klamath-Siskiyou Wildlands Center, Greater Yellowstone Coalition, Sierra Club and Rocky Mountain Wild.

Part of the Fish and Wildlife Service's decision in October was based on a 2018 "Species Status Assessment," which noted that "wolverine appears resilient within its contiguous United States range." The assessment pegged the wolverine population in the country at 318, with potential habitat to support 644 individuals. Canada, meanwhile, claims thousands of wolverines, according to the assessment.

But those challenging the agency's decision maintain that there are fewer than 300 wolverines left in the contiguous United States, and they say that listing wolverines as threatened or endangered would trigger new, badly needed conservation efforts.

“For more than 25 years, the government has stonewalled federal protection for wolverine,” Dave Werntz, science and conservation director at Conservation Northwest said Monday. “It is time to stop playing games, follow the science, and work together to counter threats to wolverine survival.”

“For years scientists have been sounding the alarm on how wolverines are severely affected by climate change,” added Andrea Zaccardi, a senior attorney at the Center for Biological Diversity. “The future of the wolverine in the lower 48 now stands on a knife edge thanks to the Fish and Wildlife Service refusing to do its job. We hope this lawsuit finally puts the species on the road to recovery.”

Wolverines, the largest land-dwelling members of the weasel family, once roamed across the northern tier of the United States and as far south as New Mexico in the Rockies and Southern California in the Sierra Nevada range. After more than a century of trapping and habitat loss, wolverines in the lower 48 today exist only as small, fragmented populations in Idaho, Montana, Washington, Wyoming and northeast Oregon.

In the wolverine’s last strongholds, the species is at direct risk from climate change. Wolverines depend on areas with deep snow through late spring. Pregnant females dig their dens into this snowpack to birth and raise their young. Snowpack is already in decline in the Western mountains, a trend that is predicted to worsen with a warming climate.

Wolverine populations are also at risk from traps, human disturbance, habitat fragmentation and extremely low population numbers resulting in low genetic diversity.

Wolverines have been spotted in Denali National ParkYosemite National ParkYellowstone National Park, Mount Rainier National ParkGrand Teton National ParkGlacier National Park, and North Cascades National Park, among others. It's difficult to say just how many wolverines are wandering around the parks. Their extensive travels, sneaky scavenger-like maneuvering, and solo dwelling make it difficult for researchers to closely monitor their patterns.

The 2018 assessment Fish and Wildlife based its decision on presented a rosy picture of wolverine populations, stating that "wolverines occupy areas in the west-northwestern United States, and have recently dispersed into historically occupied areas, including California, Utah, Colorado, and Oregon; verified reproducing wolverine populations are found in Idaho, Washington (Northern Cascades), Montana, and northwest Wyoming. One individual wolverine (female) was also documented from 2004 until its death in 2010 in Michigan."

In April 2016, U.S. District Judge Dana Christensen held that the wildlife agency erred when it decided in 2014 to reverse course and not bestow the designation. In his ruling, the judge cited the agency's decision not to fully considering climate-change impacts and genetic isolation when it decided wolverines did not need ESA protection.  Judge Christensen agreed with conservation groups and individuals that "the Service ignored the best available science by demanding better science" when it came to climate change and the impact warmer winters would have on the species.

“This is something we were really hoping to avoid after the court’s 2016 decision,” WELC's Bishop said of the court filing. “I was cautiously optimistic the Service would get it right this time and we’d be focusing our time and energy on developing a conservation strategy, recovery plan, critical habitat, and possibly reintroduction efforts for wolverine. Instead, we’re back in court challenging an agency that continues to put politics over science.”

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