Contacts:
Bethany Cotton, Cascadia Wildlands, (541) 434-1463
Matthew Bishop, Western Environmental Law Center
Larry Campbell, Friends of the Bitterroot
Keith Hammer, Swan View Coalition
Lindsay Larris, WildEarth Guardians
Mike Garrity, Alliance for the Wild Rockies

Today, after more than 20 years of advocacy by wildlife conservation groups, the U.S. Fish and Wildlife Service (the Service) found that wolverines warrant federal protections as a threatened species. Numbering only about 300 in the contiguous U.S., snow-dependent wolverine populations have suffered from climate change, habitat loss, trapping, and other anthropogenic pressures.

The Service prepared a mostly strong, interim Endangered Species Act 4(d) rule, which serves as a road map for the agency to aid in wolverine recovery and grants specific protections and exceptions for the species. The agency will also prepare a wolverine recovery plan and identify protected critical habitat in the future, and may prepare a plan for reintroduction into Colorado as well. Wildlife groups do have concerns about language in that rule allowing incidental wolverine “take” from trapping “conducted in a manner that uses best practices to minimize the potential for capture and mortality of wolverines.” This coalition isn’t sure this is possible for wolverines because they are scavengers and known as “trap junkies.” This coalition of groups will  thus provide feedback on this and other provisions in the interim 4(d) rule during the comment period.

Wildlife conservation groups have twice successfully challenged the Service in federal court for relying on flawed science to deny wolverines Endangered Species Act protections. The court most recently ordered the Service to make a new decision by Nov. 30, 2023, resulting in today’s threatened listing determination.

“I’m glad the Fish and Wildlife Service finally ignored the misplaced policy concerns raised by states like Idaho, Wyoming, and even Montana over the last decade, and made a listing decision based solely on the best available science,” said Matthew Bishop, attorney with the Western Environmental Law Center. “Wolverines can’t wait another year or two for the long-overdue protections they deserve. That said, we are concerned about  the allowances for trapping in wolverine habitat, and we will be taking a closer look at that. We doubt it’s possible to trap without the risk of take. Wolverines—a crucial species for many ecosystems throughout the western U.S.—deserve the fullest protections possible. Given the small population and climate change quickly shrinking the snowy habitat wolverines rely on to survive, time is of the essence.”

“The science and the law could not be more clear: Wolverines deserve Endangered Species Act protections,” said Bethany Cotton, conservation director with Cascadia Wildlands. “We are gratified that at long last, the Fish and Wildlife Service did its job by following the science and affording this iconic climate-impacted species essential safeguards.”

Attorneys from the Western Environmental Law Center represented WildEarth Guardians, Cascadia Wildlands, Alliance for the Wild Rockies, Cottonwood Environmental Law Center, Footloose Montana, Friends of the Bitterroot, Friends of the Wild Swan, George Wuerthner, Helena Hunters and Anglers Association, Native Ecosystems Council, Oregon Wild, Wildlands Network, and the Swan View Coalition on previous litigation.

The groups involved in the court victories leading to this decision will engage in the Service’s process to ensure wolverines benefit from the full protections under the law and make a strong recovery.

“The wolverine has been clawing for survival for far too long,” said Lindsay Larris, wildlife program director with WildEarth Guardians. “This decision is the first step towards the path for the wolverine to recover and reclaim their status as an icon of the Rocky Mountain West.” 

“We appreciate that the Fish and Wildlife Service finally listed wolverines as threatened, but their 4(d) rule, which allows wolverines to be trapped, is a road map for extinction, not recovery,” said Mike Garrity, executive director of the Alliance for the Wild Rockies. “A state district court in Montana ruled in our favor in 2012 that wolverine trapping was illegal because there are so few wolverines. The Fish and Wildlife Service needs to follow the law like all Americans are required to do and come up with a plan to recover wolverines.”

“In the face of climate change, along with greater recreational use of wolverine high-elevation winter habitat, the wolverine deserves immediate listing under the Endangered Species Act,” said ecologist George Wuerthner.

“This decision is huge for Helena Hunters and Anglers Association,” said board member Gary Ingman. “Wolverine are an icon of wilderness and an indicator species of secure wildlife habitat, with benefits to many other species. We have supported this effort from the beginning, recognizing the declining status of wolverine in Montana and the west, starting with our group’s petition to halt wolverine trapping in Montana in 2012. We’ve spent countless hours as volunteers conducting winter surveys of tracks, collecting hair and scat samples for DNA analysis, and coordinating with other researchers to document wolverine status. We’ve worked hard lobbying for protection of wolverine habitat in forest plans and through travel management on public lands. It’s gratifying to see the Fish and Wildlife Service acknowledge the need for additional protection for wolverine in this uncertain and rapidly changing time.”

“Listing wolverine has been as elusive as the animal,” said Larry Campbell of Friends of the Bitterroot. “Thanks to the stamina and focus of citizen conservationists over many years it appears to be finally materializing before it’s too late.”

“A wolverine was recently found dead and skinned on a closed Forest Service road on the Beaverhead-Deerlodge National Forest and I found a dead wolverine on a closed Forest Service road on the Flathead National Forest in 2021,” said Keith Hammer, Chair of the Swan View Coalition. “Wolverine need these Endangered Species Act protections to get more effective road closures and habitat security from the Forest Service and other land management agencies.”

STUNNING photos for media use (PLEASE CREDIT PHOTOGRAPHER KALON BAUGHAN):
Wolverine in the High Country
Wolverine behind tree
Wolverine on hill
Wolverine in Montana
Wolverine – The Survivor

Quote from judge’s order in 2016 decision:
“[T]he Service’s decision against listing the wolverine as threatened under the ESA is arbitrary and capricious. No greater level of certainty is needed to see the writing on the wall for this snow-dependent species standing squarely in the path of global climate change. It has taken us twenty years to get to this point. It is the [Court’s] view that if there is one thing required of the Service under the ESA, it is to take action at the earliest possible, defensible point in time to protect against the loss of biodiversity within our reach as a nation. For the wolverine, that time is now.” Opinion at page 83.

Background:
Wolverines number only about 300 individuals in the contiguous U.S. and are dependent on areas that retain persistent snow into the spring months. Every wolverine den ever detected in the lower 48 States was in snow. Wolverines are built for cold, snowy environments. They wear a double-fur coat and have large snowshoe-like paws with the crampon claws that allow them to travel easily over snow and mountainous terrain. One study found 98% of all wolverine den sites in places with persistent late spring snowpack.

Imperiled by climate change, habitat loss, small population size and trapping, wolverines were first petitioned for Endangered Species Act protections in 2000. The Service found the petition did not contain adequate information to justify a listing. A federal court overturned that decision in 2006. The Service then issued a negative 12-month finding in 2008, which many of the groups on this statement challenged in court, resulting in a settlement that led to a new finding that wolverines should be protected under the Endangered Species Act, but that other priorities precluded the listing at that time. A landmark settlement which resolved the backlog of imperiled species awaiting protections then guaranteed a new finding for wolverines. In February 2013, the Service proposed listing the wolverine as threatened under the Endangered Species Act. In August 2014, however, the Service reversed course and issued a decision not to list the species, contradicting its own expert scientists’ recommendations. In April, 2016 the court overturned the Service’s decision not to list, reinstating wolverines’ status as a candidate species and requiring a new final rule. That court correctly noted that the Endangered Species Act directs the Service to make listing decisions based on the best available science, not the best possible science. In October 2020, the Service again decided not to list. A federal court rejected that decision in 2022, requiring the service to make a new determination by Nov. 30, 2023.

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The post Press Release: Wolverines listed as “threatened” under Endangered Species Act after 20-year conservation effort first appeared on Cascadia Wildlands.

Contacts:
Bethany Cotton, Cascadia Wildlands, (541) 434-1463
Matthew Bishop, Western Environmental Law Center
Mike Garrity, Alliance for the Wild Rockies
Sarah McMillan, WildEarth Guardians

Today, a federal judge invalidated a Trump administration decision denying protections to imperiled wolverines under the Endangered Species Act (ESA) (original complaint here). This is the second time a court has rejected a U.S. Fish and Wildlife Service decision to deny protections for wolverines, which number only about 300 in the contiguous U.S. Today’s court order immediately reinstates wolverines’ “candidate” status as a species proposed for listing.

“We are hoping this time is the charm and the Fish and Wildlife Service will follow the courts’ directives to rely on the best available climate science to make the right call to protect wolverines in the lower 48 states,” said Matthew Bishop, an attorney with the Western Environmental Law Center. “With climate change quickly shrinking the snowy habitat wolverines rely on to survive, there is no time for politics and further delays.”

The groups in today’s court victory defeated the Service in court in 2016, forcing the agency back to the drawing board with a directive to apply the best science. Four years later, the Service returned with the same decision to deny wolverine protective status, despite no new scientific support for such a determination.

“The science and the law could not be more clear: Wolverine are deserving of the protections of the Endangered Species Act,” said Bethany Cotton, conservation director with Cascadia Wildlands. “It’s long past time for the Fish and Wildlife Service to do its job and afford this iconic climate-impacted species with the best safeguards available.”

Wolverine rely on snow year-round. With their large paws, wolverine can travel easily over snow, and often rely on deep snow for hunting and for denning and rearing of young. Snow is also a “freezer” that permits the wolverine to store and scavenge food. One study found 98% of all wolverine den sites in places with persistent late spring snowpack.

“I hope the Biden administration will now quit defending the Trump administration decision that wolverines do not deserve to be protected from extinction now that a federal district court has now ruled that it was illegal,” said Mike Garrity, executive director of the Alliance for the Wild Rockies. “We need to work toward keeping wolverines from going extinct instead of continuing to drive them to extinction.”

“Wolverines are trapped on the merry-go-round of extinction and the U.S. Fish and Wildlife Service needs to put them on the path toward recovery by protecting them under the Endangered Species Act.” said Sarah McMillan, WildEarth Guardians’ senior advisor based in Missoula, Montana. “It’s profoundly disappointing that as the extinction crisis escalates, the Biden administration has chosen to defend the Trump administration, rather than this climate-imperiled species.”

“The wolverine is dependent on snow for its survival is the canary in the coal mine with regards to climate change,” said ecologist George Wuerthner. “If the wolverine can no longer survive in the lower 48 states, it indicates that we are not doing enough to halt and reverse global warming.”

The victorious organizations include WildEarth Guardians, Friends Of The Bitterroot, Friends Of The Wild Swan, Swan View Coalition, Oregon Wild, Cascadia Wildlands, Alliance For The Wild Rockies, Cottonwood Environmental Law Center, George Wuerthner, Footloose Montana, Native Ecosystems Council, Wildlands Network, Helena Hunters and Anglers Association. They were represented by attorneys with the Western Environmental Law Center.

Background:
Wolverines number just 250-300 individuals in the contiguous U.S. and are dependent on high elevation habitat with deep winter snows. Imperiled by climate change, habitat loss, small population size and trapping, wolverines were first petitioned for Endangered Species Act protections in 2000. The Service found the petition did not contain adequate information to justify a listing. A federal court overturned that decision in 2006. The Service then issued a negative 12-month finding in 2008, which was challenged in court resulting in a settlement that led to a new finding that wolverines should be protected under the ESA, but that other priorities precluded the listing at that time. A landmark settlement, which resolved the backlog of imperiled species awaiting protections, then guaranteed a new finding for wolverines. In February 2013, the Service proposed listing the wolverine as “threatened” under the ESA. In August 2014, however, the Service reversed course and issued a decision not to list the species, contradicting its own expert scientists’ recommendations. In April, 2016 the court overturned the Service’s decision not to list, reinstating wolverines’ status as a candidate species and requiring a new final rule. In October 2020, the Service again decided not to list. The groups in today’s victory filed their challenge in December 2020.

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The post Press Release: Court again forces feds to reconsider wolverine protections, this time using science first appeared on Cascadia Wildlands.

Contacts:
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@old.cascwild.org
Tierra Curry, Center for Biological Diversity, (928) 522-3681, tcurry@biologicaldiversity.org

Coastal Trapping Ban Sought to Protect Oregon’s Vanishing Humboldt Martens

New Study Finds Traps Could Wipe Out Imperiled Otter Relative

PORTLAND, Ore.— Five conservation groups filed a rulemaking petition today asking the Oregon Department of Fish and Wildlife to ban trapping of Humboldt martens in Oregon’s coastal forests. The petition follows a new study that found that trapping could easily wipe out the species in the state.

Humboldt martens are under review for federal Endangered Species Act protection, but they can still be trapped for their fur in Oregon even though fewer than 100 survive here in the Siuslaw and Siskiyou national forests. California banned the trapping of these secretive, mid-sized forest carnivores in 1946.

“Humboldt martens have been driven to the brink of extinction by logging and development of their old-growth forest habitat and historical over-trapping,” said Nick Cady, legal director at Cascadia Wildlands. “Banning trapping is a critical first step to prevent the imminent eradication of the species from the state.”

A newly published scientific study concluded that Humboldt martens are so rare in Oregon that trapping just two to three individuals could result in wiping out the population on the central coast. In addition to trapping, Humboldt martens are threatened by vehicle collisions on Highway 101 and ongoing logging of mature forest habitat.

“The state needs to follow the new science and stop the trapping of these cute and ferocious animals,” said Tierra Curry, a senior scientist at the Center for Biological Diversity. “It would be tragic if Humboldt martens were lost for future generations of Oregonians.”

Relatives of minks and otters, Humboldt martens are found only in old-growth forest and dense coastal shrub in southern and central coastal Oregon and northern California. The cat-like animals were thought to be extinct until they were rediscovered on the Six Rivers National Forest in 1996.

Today they survive only in three small isolated populations of fewer than 100 individuals each — one in northern California, one straddling the border and one in the Oregon Dunes National Recreation Area.

There are two subspecies of Pacific martens in Oregon. Humboldt martens on the coast are critically imperiled, but interior martens from the Cascades and eastern mountain ranges are not imperiled. The petition seeks a ban on trapping west of Interstate 5.

Today’s petition was filed by Cascadia Wildlands, the Center for Biological Diversity, Environmental Protection Information Center, Klamath-Siskiyou Wildlands Center and Oregon Wild. The department has 90 days to initiate rulemaking or deny the petition.

Martens are typically 2 feet long and have large, triangular ears and a long tail. They eat small mammals, berries and birds and are eaten by larger mammals and raptors.

Cascadia Wildlands educates, agitates, and inspires a movement to protect and restore Cascadia’s wild ecosystems. We envision vast old-growth forests, rivers full of wild salmon, wolves howling in the backcountry, and vibrant communities sustained by the unique landscapes of the Cascadia bioregion.

The post Press Release: Trapping Ban Sought to Protect Imperiled Humboldt Marten first appeared on Cascadia Wildlands.

Judge Rules Feds Improperly Refused to Protect Wolverines

Orders Reconsideration of Safeguards for Species Imperiled by Climate Change

Additional quotes from the decision:

..

“Why did the Service make the decision [to not list the wolverine]?…Based on the record, the Court suspects that a possible answer to this question can be found in the immense political pressure that was brought to bear on this issue, particularly by a handful of western states.” Opinion at page 56.

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“This strikes the Court as the essence of arbitrary and capricious decision making.” Opinion at page 61 (discussing climate change claim).

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“[A]s Plaintiffs’ counsel rightly pointed out … the Service’s stance here borders on the absurd – if evidence shows that wolverines need snow for denning purposes, and the best available science projects a loss of snow as a result of climate where and when wolverines den, then what sense does it make to deny that climate change is a threat to the wolverine simply because research has yet to prove exactly why wolverines need snow for denning?” Opinion at page 67 (discussing climate change claim).

..

“If ever there was a species for which conservation depends on foregoing absolute certainty, it is the wolverine.” Opinion at page 68 (discussing why we don’t need absolute certainty for why wolverine need deep persistent snow).

Background:

Wolverine number just 250-300 individuals in the contiguous U.S. and are dependent on high elevation habitat with deep winter snows. Imperiled by climate change, habitat loss and trapping, wolverine were first petitioned for ESA protections in 2000. The Service found the petition did not contain adequate information to justify a listing. A federal court overturned that decision in 2006. The Service then issued a negative 12-month finding in 2008, which was challenged in court resulting in a settlement that led to a new finding that wolverine should be protected under the ESA, but that other priorities precluded the listing at that time. A landmark settlement with WildEarth Guardians, which resolves the backlog of imperiled species awaiting protections, then guaranteed a new finding for wolverine. In February 2013, the Service proposed listing the wolverine as “threatened” under the ESA. In August 2014, however, the Service reversed course and issued a decision not to list the species, contradicting its own expert scientists’ recommendations. Today’s ruling is in response to the organizations’ legal challenge to that decision.

The post Fed’s Failure to Protect Wolverines Ruled Illegal first appeared on Cascadia Wildlands.

The suit was filed on October 20, 2014, and the coalition is represented by the Western Environmental Law Center.  This case carries important ramifications for other species  impacted by climate change as federal regulators have generally relied upon out-of-date or ineffective climate change  models.  Wolverines have been found in Washington, Oregon, and California.

To see more background on the wolverine and this lawsuit, click here.

A copy of the complaint can be found here.

The post Cascadia Sues Over Lack of Federal Protections for the Wolverine first appeared on Cascadia Wildlands.

The post Wolverine killed by Idaho Trapper first appeared on Cascadia Wildlands.

Conservationists File Legal Challenge to Protect Popular Recreation Areas and Imperiled Wildlife Habitat in Umpqua National Forest

The post Press Release: Logging Plan Threatens Proposed Crater Lake Wilderness first appeared on Cascadia Wildlands.