The U.S. District Court in Montana directed the U.S. Fish and Wildlife Service to reassess the protection status of the Arctic grayling within a year. This decision, made by Judge Dana Christensen, came in response to a lawsuit filed by environmental advocacy groups challenging the agency’s previous findings.
The court found that the Fish and Wildlife Service had over-relied on an expiring voluntary conservation program and inadequately assessed the stability of the Arctic grayling population in the Ruby River. Judge Christensen’s ruling highlighted these shortcomings and required the agency to return with a revised determination on whether Montana’s Arctic grayling should be listed as an endangered species.
The debate over protecting Montana’s Arctic grayling has been ongoing since the Fish and Wildlife Service’s initial review in 1982 suggested the fish might warrant listing under the Endangered Species Act. Arctic grayling, a freshwater salmonid distinguished by its large, iridescent dorsal fin, historically thrived throughout the Upper Missouri River watershed. Today, their range is significantly reduced, with populations primarily in the Big Hole River, Centennial Valley, Madison River, Ruby River, and several high-elevation mountain reservoirs and lakes. Legal battles over the grayling’s status have persisted for decades. A 1991 petition to list the fish initiated a series of disputes, culminating in a 2018 Ninth Circuit order for the Fish and Wildlife Service to re-evaluate the listing based on comprehensive scientific data. In 2020, the service again concluded that protections were not warranted, leading to the latest lawsuit by the Center for Biological Diversity, Western Watersheds Project, and Butte resident Pat Munday.
Judge Christensen sided with the conservation groups, criticizing the service’s 2020 finding for its arbitrary conclusion that the Ruby River population was stable and could ensure species redundancy. He also noted the service’s overreliance on the Candidate Conservation Agreement with Assurance (CCAA), a voluntary program initiated in 2006 to enhance streamflow, protect riparian habitats, reduce entrainment threats, and remove barriers to Arctic grayling migration. Although the agreement had shown some success, it is set to expire in 2026, a factor the service failed to account for adequately.
The judge dismissed other arguments from the environmental groups, such as those related to the impacts of climate change and high stream temperatures. However, the ruling mandates the Fish and Wildlife Service to present a new finding on the Arctic grayling’s status within a year, providing another opportunity to potentially secure endangered species protection for the fish.
SOURCE: COURTHOUSE NEWS SERVICE
