[Congressional Record Volume 164, Number 166 (Friday, October 5, 2018)]
[Senate]
[Pages S6628-S6629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ENDANGERED SPECIES ACT

  Mr. BARRASSO. Mr. President, today I wish to submit for the Record a 
column written by Mr. Dennis Sun, a Wyoming journalist and rancher, 
entitled ``The Act is Broken.'' The article was published in the 
Wyoming Livestock Roundup on August 29, 2018.
  Since its passage in 1973, the Endangered Species Act has contributed 
to the recovery of iconic species like the bald eagle. It has been an 
important conservation tool, but it is in need of an update.
  Wyoming has invested more than $50 million for the recovery of the 
grizzly bear alone. Twice in the last decade, the U.S. Fish and 
Wildlife Service has found that the grizzly bear met all recovery 
targets and no longer should be protected as ``threatened'' under the 
Endangered Species Act. Courts have twice overturned the delisting 
decisions and, in so doing, undermined the expert opinion of wildlife 
biologists who set, approved, and met recovery goals.
  Mr. Sun's article highlights the case of the grizzly bear as a prime 
example for why my efforts to give states more opportunities to engage 
in conservation under the act have merit. The successful recovery of 
the grizzly bear took decades, but I am hopeful we will be able to 
improve the act and improve conservation much faster.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

            [From Wyoming Livestock Roundup, Aug. 29, 2018]

                           The Act is Broken

                       (By Dennis Sun, Publisher)

       On Sept. 24, U.S. District Court Judge Dana Christensen 
     issued his decision that stopped the delisting of the Greater 
     Yellowstone Ecosystem grizzly bear.
       This ruling was not unexpected, as Judge Christensen had 
     already ruled twice to postpone the planned grizzly bear 
     hunting seasons.
       The case was brought by some wildlife advocates and a 
     couple of tribes. They argued the bears face continued 
     threats from climate change and loss of habitat. The case was 
     based on more procedural action that they felt was not 
     included the delisting study. During this trial, the 
     questions Judge Christensen asked gave lawyers for Wyoming 
     and the Mountain States Legal Foundation the notion he was 
     going to rule against the state, and he did. An appeal to the 
     Ninth Circuit Court in San Francisco, Calif. is most likely 
     not going to happen, as that court doesn't rule in favor of 
     the western states often. The Ninth Circuit tends to be 
     pretty liberal in its views.
       The grizzly bear is now under the jurisdiction of the U.S. 
     Fish and Wildlife Service (FWS).
       Gov. Matt Mead said, ``I am disappointed with this 
     decision. Grizzly bear recovery should be viewed as a 
     conservation success story. Due to Wyoming's investment of 
     approximately $50 million for recovery and management, 
     grizzly bears have exceeded every scientifically established 
     recovery criteria in the Greater Yellowstone Ecosystem since 
     2003. Numbers have risen from as few as 136 bears when they 
     were listed in 1975, to more than 700 today.''
       Gov. Mead also noted, ``Biologists correctly determined 
     grizzly bears no longer needed Endangered Species Act (ESA) 
     protections. The decision to return grizzly bears to the list 
     of threatened and endangered species is further evidence the 
     ESA is not working as its drafters intended. Congress should 
     modernize the ESA so we can celebrate successes and focus our 
     efforts on species in need.''
       Government biologists contended that Yellowstone's 
     grizzlies were thriving, having adapted to changes in their 
     diet and are among the best managed bears in the world. If 
     the judge's ruling would have different, FWS would have also 
     lifted federal protection for around 1,000 grizzly bears in 
     the Glacier National Park and the Bob Marshall Wilderness 
     Area of Montana, but the ruling stopped that, as well.
       Just like dealing with the wolf issues, this ruling will 
     take some time to get straightened out. Hopefully President 
     Trump, our Congress, Sen. Barrasso and other states will get 
     an improved and revised ESA bill passed--that is what it will 
     take to delist bears. More states are having issues with 
     endangered species. In Washington, ranchers see wolf 
     predation on livestock, so we should have more sympathy to 
     get ESA corrected.
       There is a big push today that says many of the risks faced 
     by many species today result from habitat modifications 
     caused by

[[Page S6629]]

     climate change. Well, if the habitat is changing, usually the 
     species will adapt also. Studies show that is happening. If 
     the grizzly bears are short of white bark pine nuts, that 
     doesn't mean they can compensate by eating livestock or 
     attacking people. Let's be reasonable about this.

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