http://news.yahoo.com/montana-court-says-bison-transfer-124345462.html
I'll let those more in touch with topic chime in.
I'll let those more in touch with topic chime in.
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Montana court says bison transfer legal
Montana court says transfer of Yellowstone bison legal, reviving conservation effort
By Matthew Brown, Associated Press | Associated Press – 1 hr 49 mins ago.
BILLINGS, Mont. (AP) -- The relocation of Yellowstone National Park bison to tribal lands in Montana can resume, under a Wednesday ruling from the state's Supreme Court that revives a stalled conservation initiative for the animals.
Bison, also known as buffalo, once numbered in the tens of millions across North America, before overhunting drove them to near-extinction. Government-sponsored efforts in Montana have the potential to return the burly animals to parts of their historic range, but had been on hold since last year.
That's when a lower court sided with ranchers and property rights advocates, who sued to block further transfers of the animals after Montana wildlife officials moved more than 60 bison to the Fort Peck Indian Reservation.
Critics said the move was illegal under state law. They argued wild bison damage fences, eat hay meant for cattle, and potentially could spread animal diseases to livestock.
In March of 2012, state district Judge John McKeon sided with plaintiffs and issued an order blocking future transfers of Yellowstone bison. The move effectively halted the restoration program.
In Wednesday's ruling, state high court justices came down on the side of the state, which had argued that the law in question did not apply to tribal lands.
Chief Justice Mike McGrath wrote in a 16-page opinion that the relocation program was a "reasoned and viable" alternative to past practices involving Yellowstone bison. Those have included the wholesale slaughter of thousands of bison in the name of disease control when the animals crossed into Montana during their winter migrations.
A representative of the plaintiffs said the ruling guts the Montana Legislature's attempt last session to allow public input into the bison relocation process. Chuck Denowh with United Property Owners of Montana said the group is not strictly opposed to relocating bison but wants to inject transparency into the process.
Last year's relocation, during the administration of former Gov. Brian Schweitzer, came with little prior notice.
An attorney for conservation groups that intervened on behalf of the state said the ruling most immediately allows for the transfer of several dozen bison to the Fort Belknap Reservation.
The animals once played a central role in American Indian life, providing meat for food, and pelts for clothing and shelter. They also feature prominently in many Native American religious ceremonies.
Robert Magnan, Fish and Game director for the Fort Peck Assiniboine and Sioux Tribes, said he hoped Wednesday's ruling will allow the tribe to increase the size of its small bison herd to several hundred animals. The best prospect for that is to get some of the park's animals now being held on the state's behalf at a private ranch owned by media mogul and philanthropist Ted Turner near Bozeman.
The bison spent several years in quarantine just outside the park, to make sure they were free of brucellosis. The disease can cause infected cattle to abort their young.
"It's a good, positive way of moving buffalo, not only to tribal lands, but there are other places in Montana that would be ideal," he said.
For the tribes, bison meat provides a healthier source of protein than beef, Magnan added. That could help reduce high rates of obesity and diabetes on reservations, he said.
Montana Fish, Wildlife and Parks spokesman Ron Aasheim said future bison transfers to tribal lands will occur only if the receiving reservation has signed a legal agreement with the state. The document would cover issues including fencing, disease testing and established protocols in the event animals escape.
Fort Belknap Fish and Wildlife Director Mark Azure said negotiations with the state over such an agreement will resume this week.
Additional relocations to non-tribal lands would not take place until the agency completes a pending long-range bison management strategy. That statewide plan is due by the end of 2015, Aasheim said.
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I read that ruling yesterday. Very interesting, given the craziness that ensued and the political crap that was thrown at hunters as a result of what we now know was a legal action. Article pasted below.
To: Interagency Bison Management Plan Leadership (via email)
The recent killings of three bull bison in the “no tolerance zone” by Interagency Bison Management Plan partner Montana Department of Livestock, is an unjustifiable action under IBMP mandate and adaptive management agreement. The IBMP seeks to: “A. Maintain a wild, free ranging bison population; B. Reduce the risk of brucellosis transmission from bison to cattle; C. Manage bison that leave Yellowstone National Park and enter the State of Montana; D. Maintain Montana’s brucellosis-free status for domestic livestock.”
These slaughtered bison were wildlife which posed no risk of disease transmission and fulfilled the IBMP objectives as outlined. The tacit approval of a “No Tolerance Zone”, which justified the killings, is in conflict with these objectives.
The inclusion of the DOL and the Animal and Plant Health Inspection Service (APHIS) was appropriate, as partners, for the formation of the IBMP. Time has brought knowledge, circumstance and science which now dictates that these agencies move to an IBMP advisory role, rather than an operational partnership. The partnership, which allows them to essentially draw a line beyond which they have no tolerance for the animals IBMP are sworn to maintain as wild and free ranging, should be dissolved.
The Gallatin Wildlife Association has suggested a “Primary Conservation Area” which would designate critically important habitat for bison, especially on public lands. Beyond this area, need for intervention would be based on land owner tolerance and science-based management policy. The IBMP partners should develop this concept.
I also urge the Partners through an agenda item to consider designating DOL and APHIS as advisory agencies and to disenfranchise them from an active management role with the IBMP.
Sincerely,
Don Bachman