All posts by nfpa

Playing catch-up: Spring brings a crop of lawsuits

Your friendly web-slinger was away on an extended road trip, so we’re playing catch-up. Here’s a spring crop of environmental lawsuits, all filed within days of each other. . .

Environmentalists file federal suit over logging on Montana state forests – A 50-year permit for logging and development on Montana state forests faces a federal lawsuit from environmentalists who say the state won’t do enough to protect threatened grizzly bears or bull trout. The Friends of the Wild Swan, Montana Environmental Information Center and Natural Resources Defense Council sued the U.S. Fish and Wildlife Service in Missoula’s U.S. District Court on Monday. Continue reading . . .

Montana Fish, Wildlife and Parks sued over trapping in lynx habitat – Three conservation groups filed a federal court lawsuit Thursday against Montana Fish, Wildlife and Parks commissioners and Director Jeff Hagener for allowing trapping and snaring in Canada lynx habitat. The Friends of the Wild Swan, the WildEarth Guardians and the Alliance for the Wild Rockies say FWP reported at least nine incidents since 2000 of lynx being caught in traps set for other species; and say four of those animals died. They alleged that this violates the federal Endangered Species Act, which lists lynx as a threatened species and warranted for protection, and want the trapping prohibited in lynx habitat. Continue reading . . .

Group keeps up challenge to logging roads – A conservation group said Wednesday it will keep pushing federal authorities to more closely regulate muddy logging roads, despite a U.S. Supreme Court ruling on Wednesday that sided with the timber industry on the issue. Continue reading . . .

Playing catch-up: Wolves, fish and water quality

Your friendly web-slinger was away on an extended road trip, so we’re playing catch-up. Here’s the first clutch of articles about significant events over the past couple of weeks . . .

Elk River poisoned by coal mining – Dr. Ric Hauer of the Flathead Lake Biological Station of the University of Montana issued a March 2, 2013 study comparing water quality in the Elk and neighbouring Flathead River Basins. Commissioned by Glacier National Park, the study found nitrogen levels at 1,000 times the background rate, sulphate levels at 40-50 times the background rate and selenium levels at 7-10 times background rate (p.2). The researchers tested above and below mines and used the pristine water quality of the nearby Flathead River to determine background levels and ascertain what aquatic life would normally be present in the Elk River were it not so polluted. Continue reading . . .

FWP: Montana’s wolf population drops 4 percent – At least 625 wolves inhabited Montana at the end of 2012, a 4 percent population drop compared to a 15 percent increase the year before, according to state wildlife managers. The minimum wolf count is the number of wolves actually verified by FWP wolf specialists. The latest population estimate came while Montana Fish, Wildlife and Parks comples the federally required annual wolf conservation and management report. The report is expected to be available online by April 12. Continue reading . . .

Agency to target fish in five creeks – Montana Fish, Wildlife and Parks will continue efforts to suppress rainbow trout and hybrid trout populations in the upper Flathead River system. Region One Supervisor Jim Satterfield signed a finding of no significant impact for the work Monday. That basically approves plans to continue removing hybrids and rainbows from the mouths and channels of Abbot, Sekokini, Rabe, Ivy and Third creeks in the main stem Flathead and North Flathead rivers. Continue reading . . .

Bears are stirring; don’t invite them to dinner

Bears are coming out of hibernation, so it’s time for the usual annual reminder about removing bear attractants. Bears will eat darn near anything, especially right now, so anything from old apples on the ground to pet food to poorly secured garbage can attract a large, furry, unwanted visitor. In particular, if you are already getting visits from mid-level scroungers like racoons, skunks and coyotes, you could be setting yourself up for a bear problem.

The Flathead Beacon posted a good write-up on the subject. Also, Montana’s “Bear Aware” site has lots of good information on living with bears.

Energy companies and environmentalists agree on fracking standards

The voluntary fracking standards just established for the Northeast will likely have a “halo effect” on fracking elsewhere in the country. In fact, this may very well have been a factor in Anschutz Exploration’s recent decision to halt exploratory drilling on the Blackfeet Indian Reservation just east of the Continental Divide . . .

Some of the nation’s biggest oil and gas companies have made peace with environmentalists, agreeing to a voluntary set of tough new standards for fracking in the Northeast that could lead to a major expansion of drilling.

The program announced Wednesday [March 20] will work a lot like Underwriters Laboratories, which puts its familiar UL seal of approval on electrical appliances that meet its standards.

In this case, drilling and pipeline companies will be encouraged to submit to an independent review of their operations. If they are found to be abiding by a list of stringent measures to protect the air and water from pollution, they will receive the blessing of the new Pittsburgh-based Center for Sustainable Shale Development, created by environmentalists and the energy industry.

Many of the new standards appear to be stricter than state and federal regulations.

Continue reading . . .

Erin Sexton honored for efforts to protect the Flathead Valley watershed

The Hungry Horse news posted some nice, additional coverage on Erin Sexton and her well-deserved award for her work over the last decade to protect the transboundary Flathead Valley . . .

Erin Sexton, long recognized for her work in protecting rivers in Montana, likes to point out that the Flathead River is literally in her backyard.

“I can see the Middle Fork from my home in Hungry Horse,” she points out.

The research scientist at the University of Montana’s Flathead Lake Biological Station recently was awarded the 2012 Conservation Achievement Award by the Montana Chapter of the American Fisheries Society. Organized in 1870, AFS is the oldest professional society in North America dealing with natural resources.

Continue reading . . .

Delay in lynx recovery plan draws lawsuit

A group of environmental organizations want the feds to pick up the pace a bit on Lynx-related matters . . .

Thirteen years after the government listed Canada lynx as a threatened species, wildlife advocates on Thursday asked a federal judge to force the U.S. Fish and Wildlife Service to finish its long-awaited recovery plan for the snow-loving wild cats.

Four groups represented by the Western Environmental Law Center allege the long delay on the part of the U.S. Fish and Wildlife Service violates federal law.

In a lawsuit filed in U.S. District Court in Montana, they asked the court to set a date for the government to adopt a “road map” that would detail what’s needed for lynx to recover.

Continue reading . . .

Report recommends park in Canadian Flathead, other protections

The Wildlife Conservation Society Canada just issued a report making several recommendations to protect the Southern Canadian Rockies, including the Flathead Valley. Besides a new provincial park and a set of wildlife management areas, the report also encourages wilderness designations on the U.S. side of the border . . .

A new report from the Wildlife Conservation Society Canada (WCS Canada) creates a conservation strategy that will promote wildlife resiliency in the Southern Canadian Rockies to the future impacts of climate change and road use. The report’s “safe passages and safe havens” were informed in part by an assessment of six iconic species — bull trout, westslope cutthroat trout, grizzly bears, wolverines, mountain goats and bighorn sheep — five of which were ranked as highly vulnerable to projected changes.

Nestled between Glacier National Park in Montana and Banff National Park in Canada, the Southern Canadian Rockies (SCR) has been overshadowed by these towering icons of mountain splendour. Yet this southern section contains spectacular landscapes, supports one of the most diverse communities of carnivores and hoofed mammals in North America, and is a stronghold for the six vulnerable species that have been vanquished in much of their former range further south…

Weaver recommends a portfolio of conservation lands including a ‘Southern Canadian Rockies Wildlife Management Area’ (WMA) that would conserve 66% of key habitats on 54% of its land base. The WMA designation would emphasize fish and wildlife values while allowing other responsible land uses. The trans-border Flathead River basin adjacent to Waterton Lakes-Glacier National International Peace Parks also merits very strong conservation consideration, says Weaver, due to its remarkable biological diversity. He endorses a new National or Provincial Park on the B.C. side and Wilderness areas on the Montana side.

Continue reading . . .

Additional reading:

Full “Safe Haven…” report, courtesy Dr. John Weaver

Extract from report listing North Fork recommendations

Pro-paving letter misquotes water quality study

It seems we can’t let a month go by without saying something about the road.

Anyway, if you are going to use science to support your position, it’s best to ensure you’re using it properly or you run the risk of annoying an actual scientist. A recent letter to the editor in the Hungry Horse News promoting paving the North Fork Road drew the ire of Jack Potter for editorial misuse of an out-of-context quote. Jack, Glacier Park’s former chief of science and resource management, sent the following response . . .

Dear Editor,

A disturbing trend is the misuse of scientific information through misquoting, taking something out of context, or altering text on the internet and/or in the press.  In his letter to the editor, Ray Brown of a “pave the North Fork Road” group in the annual spring offensive, says to support his contention that road dust is polluting the North Fork, thus paving is necessary:

“In addition, according to the 2007-2008 U.S. Geological Survey of water quality in the North Fork of the Flathead River, co-author E. William Schweiger, Ph.D. ecologist, Rocky Mountain Network, National Park Service, wrote in part that nearly all of the major western tributaries of the North Fork have previously been listed on Montana’s 303d list of impaired streams for cold-water fisheries owing to sediment-loading associated with erosion of unpaved roads.”

Ray goes on to say:

“This last finding in interesting in that our own Glacier National Park superintendent, who should have had access to the survey, either never got the memo or disregarded it out of hand. Perhaps the best way for the Park to address an issue like water and air quality along their western boundary is to pretend there is no problem to begin with.”

In fact taken in context Dr. Schweiger and his coauthors say:

“Clear-cut timber harvesting activity was relatively widespread in the western tributaries of the North Fork Basin in Montana from 1960 to 2000 (Gildea and others, 2004). Currently (2011), nonintensive timber harvesting occurs throughout the Flathead National Forest on the western side of the North Fork Basin (Paul Donnellon, Operations – Timber Management Flathead National Forest, written commun., 2011). Additionally, population growth and related construction activities on private land in the western portion of the basin are of concern. Construction of access roads associated with residential development, and subsequent erosion of road material, can be a substantial source of suspended sediment to streams (Ahtiainen and Huttunen, 1999; Gildea and others, 2004). Waste material from forest harvesting and sewage effluent from residential developments can cause an increase in the concentrations of nutrients in receiving streams, resulting in a reduction in biodiversity and loss of species habitat (Harr and Fredriksen, 1988; Zampella, 1994; Carpenter and others, 1998; Hauer and others, 2007). Suspended sediment in spawning areas can cause a reduction in fish embryo survivorship (Confederated Salish and Kootenai Tribes and Montana Fish, Wildlife and Parks, 2004).

Nearly all of the major western tributaries of the North Fork have been previously listed on Montana’s 303(d) list as impaired for cold-water fisheries owing to sediment loading associated with erosion of unpaved roads. Adoption of “Best Management Practices” for timber harvesting and forestry roads in the North Fork Basin, as well as reclamation of clear-cut areas, has greatly reduced the associated effects on water quality (Hauer and others, 2007). As a result, many of the western tributaries have been removed from Montana’s 303(d) list (Gildea and others, 2004). Existing and potential future residential development in the North Fork valley also is of concern. The western portion of the North Fork Basin in Montana has become increasingly popular as a vacation destination, and construction of vacation homes on private land in the North Fork valley has increased by about tenfold over the past 20 years (Hauer and others, 2007). These developments could affect the water quality and aquatic biology of the North Fork.”

The study doesn’t even come close to supporting Ray’s position, nor his fatuous statement about the park Superintendent.

If you  are interested in increasing your property values, maybe developing some of those hundreds of lots, or if you are a transplanted suburbanite living in Polebridge and want a smoother, faster commute, or you have a construction company in the North Fork as Ray Brown does, it would be better to be honest about paving.  Slow down, drive less.  With the uncertainty regarding the federal (dominion) coal blocks in the North Fork that were left out of the BC/Montana energy development moratorium, paving and subsequent development would be a great message to Canada, in addition to a long-term, irreversible, negative impact.  The National Park Service is correct in opposing paving.

Full citation of the above article:

From p. 2; Mills, T.J., Schweiger, E.W., Mast, M.A., Clow, D.W., 2012, Hydrologic, water-quality, and biological characteristics of the North Fork Flathead River, Montana, water years 2007–2008: U.S. Geological Survey Scientific Investigations Report 2011–5221, 67 p.

Jack Potter
Columbia Falls, MT

Note: Jack Potter’s letter appeared on the Hungry Horse News web site almost immediately.

More aggressive aquatic invasive species program taking shape

Montana is getting ready to be much more aggressive in its fight against aquatic invasive species . . .

A revamped and more aggressive approach to prevent aquatic invasive species from proliferating in Montana has quietly been taking shape in Helena, but it soon will get a higher profile in the Legislature.

A draft bill has been the focus of a joint subcommittee on natural resources that would firmly establish Montana Fish, Wildlife and Parks as the lead agency in a boat inspection program and provide additional funding to carry out the overall mission of combating invasive species such as zebra and quagga mussels as well as Eurasian watermilfoil. These species have wreaked expensive havoc in other states, most recently invading waters in the Southwest.

Mark Aagenes, conservation director for Montana Trout Unlimited, said the new approach came about as the result of meetings with a wide variety of conservation groups and state agencies. That led to proposals to Gov. Steve Bullock’s office and then to the subcommitee’s draft bill, Aagenes said.

Continue reading . . .

Chadwick interview: ‘Keeping the Wolverine Wild’

Last month, the inimitable Doug Chadwick gave an interview on Wolverines to Jessica Knoblauch, content producer at Earthjustice. As always with Doug Chadwick, it was interesting stuff. The conversation is available as a podcast or in transcript. Here’s the lead-in and link to the interview . . .

Doug Chadwick is a wildlife biologist and journalist for National Geographic. As a volunteer for the Glacier National Park Wolverine Project, Doug helped researchers track wolverines, fierce members of the weasel family who regularly face down grizzly bears and eat entire bones for dinner. Despite their ferocity, both climate change and trapping threaten the wolverines’ existence.

Continue to “Keeping the Wolverine Wild” . . .