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The Montana federal government's decision to reinstate legal protections for grizzlies living in and around Yellowstone National Park and to block planned huntings in Wyoming and Idaho.
The judge ruled that US Fish and Wildlife Service officials were "arbitrary and capricious" in their 2017 decision to remove bear protections under the Endangered Species Act.
The decision represents a major victory for animal rights groups who have argued in court that the approximately 700 bears living in the Yellowstone area should be protected from hunting because they are so few. Advocates have argued that bears are both a key part of the local ecosystem and a major tourist attraction.
"The court's decision is in tune with the feelings of countless Americans who believe in the protection of grizzlies and we are still committed to ensuring that this famous population is spared from cruel and excessive trophy hunting." Wyoming and Idaho, "said Kitty Block, acting president and CEO of the Humane Society of the United States.
District Chief Justice Dana L. Christensen said the removal of protections increases the risk of disappearing. The United States is home to several geographically separate grizzly bear populations, and Christensen said the decision to remove larger Yellowstone bears from the list makes it more likely that the species would become consanguineous and die for lack of genetic diversity.
"By refusing to analyze the legal and functional impact of radiation on other populations of continental grizzly bears, the service has absolutely not considered a matter of utmost importance" , wrote Christensen in his ruling Monday night. "In addition, the service analysis of the threats facing the Greater Yellowstone Grizzly Bear Segment was arbitrary and capricious."
This is the second time in a decade that federal officials have tried and failed to eliminate bear protections, a priority for many Western lawmakers who believe that hunters should kill a small number of bears for reduce conflicts with.
Wyoming officials had planned to drop 22 hunters this fall, although Christensen temporarily suspended the hunt while he decided on the case, along with a bear hunt in Idaho. Wyoming wildlife officials did not immediately respond to a request for comment on his decision, which blocks the hunt. Defenders of the hunt were considering their options Monday night.
Christensen's decision came 10 days after the grizzly mother and her cub had killed a hunting guide northeast of Jackson, Wyoming, who had demonstrated the need to reduce the number of grizzlies in the area. The two bears involved in the attack were later killed by state wildlife officials.
The number of grizzlies living in the Greater Yellowstone area fell to 136 in 1975, and bears were among the first species protected under the Endangered Species Act.
When Lewis and Clark explored the West in the early 1800s, federal authorities estimated that 50,000 to 100,000 grizzlies lived between the Pacific Ocean and the Great Plains. Today, there are only about 1,700 grizzlies in all 48 lower states, according to federal officials, mainly in Wyoming, Montana and Idaho. The grizzly bear population of Alaska is considered a separate group.
"The Northern Cheyenne Nation views the grizzly bear as a parent entitled to our respect and protection from harm," said Lawrence Killsback, president of the Northern Cheyenne Nation, one of the groups that initiated the lawsuit. "We have the responsibility to speak for bears, who can not speak for themselves."
In his decision, Christensen acknowledged the bright emotions on both sides, but said it was not up to him to decide whether hunting was appropriate or whether grizzlies were a danger to humans and livestock. His role, he said, was to decide whether Trump administration officials were properly complying with the law.
"These issues are not before the courts," said Christensen about the ethics of hunting and the potential danger that bears pose to people. "The review of this court, constrained by the Constitution and laws promulgated by Congress, is limited to answering a question by yes or no."
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