Judge orders five-state bull-trout habitat analysis

A federal judge in Portland, Ore., has ordered the U.S. Fish and Wildlife Service to re-analyze a critical habitat designation for bull trout throughout a five-state range that includes Montana.

The critical habitat tangle for bull trout stretches back to 2001, with courts finding previous designation efforts inadequate three times. The most recent designation was tainted in scandal, with revelations that former Deputy Secretary of Interior Julie MacDonald improperly interfered with the process by excluding waters that would have been designated critical habitat.

The Service has since admitted that the designation was not based on science, and in March, a request was filed with the court to reanalyze the rule over the next two years.

U.S. District Judge Robert Jones this week denied that request, agreeing with Alliance for the Wild Rockies and Friends of the Wild Swan that it would take too long.

"I agree with plaintiffs that Defendants' proposed schedule on remand builds too much delay into a process that should have been, and absent MacDonald's interference, could have been completed successfully in a timely manner, to the benefit of bull trout populations," Jones wrote.

He ordered the Service to complete a draft critical habitat designation by Dec. 31 and a final rule before Sept. 30, 2010. He also ordered the Service to submit progress reports every 60 days, starting Aug. 31, until the designation is complete.

"The delay in securing science-based habitat protection for bull trout is untenable," said Arlene Montgomery, program director for Friends of the Wild Swan. "This is the third time the agency has been ordered to complete a critical habitat designation, hopefully they will get it right and we can work towards recovery of this imperiled fish."

Bull trout were listed as threatened under the Endangered Species Act in 1998.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com