Conservation groups have filed notice they will sue Wyoming over a law allowing the state to stage grizzly hunts/NPS
Two days after word broke that Wyoming Governor Mark Gordon had signed into law legislation calling for a grizzly bear hunt in the state, conservation groups filed notice to sue the state.
“This is an egregious attempt to ignore federal law protecting Yellowstone’s iconic grizzly bears,” said Bonnie Rice, senior representative with Sierra Club’s Our Wild America campaign, two days after Traveler reported the bill signing. “We will not idly stand by while Wyoming moves to illegally take authority for managing grizzly bears and subject them to trophy hunts.”
Grizzly bears in Wyoming are listed as threatened under the Endangered Species Act. In September a federal judge struck down an attempt by the U.S. Fish and Wildlife Service to remove federal protection for grizzlies in the greater Yellowstone ecosystem, thwarting Wyoming’s plan to hold a fall hunting season.
Last September grizzly bears that roam the Greater Yellowstone Ecosystem regained protection from hunters under the Endangered Species Act due to a judge's ruling that the U.S. Fish and Wildlife Service did not adequately consider how delisting the bears would impact the species as a whole when it moved to delist the species from the act. That ruling brought a halt to planned grizzly bear hunts in Wyoming and Idaho.
But during the current legislative session politicians in Wyoming passed a bill to authorize the Game and Fish Commission to schedule a hunt if it "would be beneficial for managing Wyoming's wildlife and protecting Wyoming workers and other citizens and tourists of the state..." Last Friday the measure was signed into law by Gov. Gordon.
The legislation also said the commission might "relocate to the state of California all grizzly bears trapped for relocation or that would otherwise be euthanized."
“Wyoming seems to be stuck in a 19th century mindset in which the response to every situation is to kill off native predators,” said Erik Molvar, a wildlife biologist and executive director at Western Watersheds Project. “It’s a good thing we have federal laws like the Endangered Species Act to limit the harm from states like Wyoming that seem bent on marking certain wildlife for eradication.”
At the Center for Biological Diversity, Noah Greenwald, the organization's endangered species director, said the move by Wyoming's politicians shows "that the state is far from ready to manage grizzlies.”
The notice of intent to sue says the Wyoming law violates the Endangered Species Act and the Supremacy Clause of the U.S. Constitution, which requires that federal law must supersede state law
“This state law directly and unlawfully conflicts with the clear mandate of the federal Endangered Species Act that grizzly bears not be shot by trophy hunters seeking their heads and hides for bragging rights,” said Nicholas Arrivo, a staff attorney with the Humane Society of the United States."
Comments
What is wrong with the governor of Wyoming? He has a beautiful state and between ranchers and hunters who seem to be very backward looking and spiteful, he is determined to show everywhere else in America how to run a state into the ground.
Alison James
Sandy Hook, CT
Alison have you ever been to Wyoming? Ever taken your family camping and had grizzlies come into camp because they are scared of nothing? My guess is no. How about you stay in CT and let us locals manage how we seem best.
And how will hunting a select few affect that? The problem with bears asaulting campers is the campers themselves who leave food behind or accessable and in general being irresponsible creating the situation where the bear is attracted to that area.
"The state of Wyoming has enacted a law that directs the Wyoming Game and Fish Department to schedule a hunt for grizzly bears despite the fact that the Endangered Species Act absolutely forbids the killing of a listed species," Western Watersheds Executive Director Erik Molvar told the Jackson Hole Daily. "Clearly, the Wyoming Legislature once again doesn't understand its role under the U.S. Constitution."
I have visited Yellow Stone and sadly did not get to see ANY bears. We tried to see one. People are the problem. Educate yourselves to what is safe and do it. I believe if we are smart then bears and humans can live in peace. Camping in bear areas is a problem waiting to happen. Cooking food that smells good smells good to animals too. Humans use some common sense and respect the right that animals need areas to live without our invasion.
Visitor, exactly what provision of the Constitution prevents the Wyoming legislature from regulating grizzly hunts outside of Federal territory?
Uh - Supremacy Clause?
I'm pretty sure that means that federal efforts to keep a certain population of grizzly bears as a threatened species means that the federal judge's ruling can't be overriden by state law - citing the Preemption Doctrine. The ruling applies to the entire Greater Yellowstone Ecosystem which includes federal and nonfederal land.
Besides that - hunting isn't allowed on NPS land. The primary legal hunting areas are Bridger-Teton National Forest, Gallatin National Forest, and Shoshone National Forest.
I sure it doesn't. The Federal government only has the powers enumerated in the Constitution. There is nothing in the enumerated powers that gives the Federal government the power to regulate animals on non-federal land.