Groups Say They'll Sue To Get The Trout Protected

October 26, 2004

Release from: Sarah Craig
Associated Press

HELENA -- Conservation groups have given notice they intend to sue in two months to get the U.S. Fish and Wildlife Service to reconsider its decision not to list the westslope cutthroat trout as a threatened species.

The groups contend the agency's decision to include crossbred fish in determining the trout did not need protection goes against science and forfeits an opportunity to preserve genetically pure populations.

Federal officials said Tuesday they agree there are far fewer genetically pure westslope cutthroat trout than there are hybrids.

"It would probably reduce by 75 percent just the number of westslope that are out there, because there are quite a few of them that look outwardly like westslope but when you use contemporary genetics techniques, you can find some evidence of hybridization," said Lynn Kaeding, a FWS supervisory fish biologist.

But the Endangered Species Act provides no clear direction for dealing with hybrid species, Kaeding said, so the agency went with the historical basis for identifying species of fish: the form and structure of the fish. If a fish looked like a westslope cutthroat, and was found where westslope cutthroats have typically been found, then it was counted as one.

That criteria simply isn't specific enough and ignores current science, conservationists contend. Crossbreeding is the biggest threat to the survival of the species, American Wildlands spokesman Michael Regan said, and the agency's criteria sets a poor precedent for the future.

"It's not just the westslope cutthroat trout that are going to be in trouble, it's all the trout across the west," Regan said.

American Wildlands has been trying since 1997 to get the westslope cutthroat listed as threatened under the Endangered Species Act.

In 2000, the FWS published a notice that the westslope cutthroat would not be listed, in part because of its presence in roadless or wilderness areas or national parks, which provide protection to the fish.

Later that year the conservationists filed a suit in federal court arguing the agency had not properly taken into account all factors, including hybridization, in reaching its decision. In 2002, a federal judge ordered the agency to reconsider threatened listing and evaluate the threat of hybridization.

In response in 2003, Fish and Wildlife announced it would not list the species and provided scientific research regarding hybridization. Conservationists argued that the decision misinterpreted science to support not listing the fish.

Kaeding said there are solid efforts ongoing to protect remaining genetically pure populations.

Those efforts include projects that create barriers between nonnative fish and the pure westslope cutthroat in streams, or that poison nonnative fish in headwater lakes.

The argument that wildlife agencies are protecting pure populations undercuts Fish and Wildlife's claim that hybrid trout can be considered westslope cutthroat, said Abigail Dillen, attorney for Earthjustice.

"On the one hand they're telling the public not to worry, hybridization is not a problem," Dillen said. "Then suddenly they're saying well, we're protecting pure populations."

"In a situation where you still have a chance to save pure populations then maybe you don't want to list hybrids."

American Wildlands says listing under the Endangered Species Act would help provide a clear management plan.

"Piecemeal projects don't tell you where you're going," said Rob Ament, director of American Wildlands. "So it's nice to have a lot of projects going, but at the end of the day you don't know what they all add up to."