FOR IMMEDIATE RELEASE: Monday, May 12, 1997
CONTACT:
Mike Markarian, (301) 585-2591, MikeM@fund.org
Eric Glitzenstein, (202) 588-5206, EGlitz@aol.com
WASHINGTON, D.C. -- The Fund for Animals has reached a landmark settlement agreement with the federal government over the U.S. Fish and Wildlife Service's "Grizzly Bear Recovery Plan."
U.S. District Court Judge Paul L. Friedman had ruled in September 1995 that the Fish and Wildlife Service violated the Endangered Species Act and "acted in a manner that is arbitrary and capricious" by "issuing a Recovery Plan that fails to establish objective, measurable criteria which, when met, would result in a determination, in accordance with the provisions of the Endangered Species Act, that the grizzly bear be removed from the threatened species list." Avoiding an appeal, the parties have now settled the lawsuit because the Fish and Wildlife Service has committed to develop "objective, measurable, habitat-based recovery criteria for grizzly bears in the Greater Yellowstone Ecosystem" and other areas where grizzly bears exist, and has agreed to "make the draft criteria available to the public for review and comment."
The settlement will prevent efforts to "delist" the grizzly bears prematurely and expose them to sport hunting and other destructive activities. The Biodiversity Legal Foundation, Swan View Coalition, and a number of other organizations were co-plaintiffs in The Fund's lawsuit. In addition, the National Audubon Society had filed a similar lawsuit, which was also settled.
"This is the first time a species recovery plan has been successfully challenged in court," says Eric Glitzenstein, attorney for The Fund. "Our victory sets precedent that the Fish and Wildlife Service is required by law to base its recovery plans on scientific data and objective evidence of real recovery -- not on the desires of those who wish to hasten delisting for their own purposes."
Grizzly bears have been listed as threatened in the lower 48 states since 1975, and currently occupy less than 2 percent of their original range. The Fund led the charge to list the grizzly bear in 1975, and won a court order halting grizzly bear hunting in Montana in 1991. The only state which currently allows grizzly bear hunting is Alaska. Adds Michael Markarian, campaign director for The Fund, "Montana and Wyoming have already signaled their interest in resuming trophy hunting of grizzly bears, and delisting would have spelled disaster for these creatures."
For a copy of the 9-page settlement agreement, please contact The Fund for Animals at (301) 585-2591 or MikeM@fund.org.