Yellowstone Bison Considered for ESA Protection

Here’s some good news about the welfare of Yellowstone bison, our national mammal. On Friday, June 3, the US Fish and Wildlife Service (USFWS) announced that it will conduct a 12-month study to determine if Yellowstone’s bison should be placed under the protection of the Endangered Species Act.

The USFWS did not come to this point easily, willingly, or quickly. This has been a very long battle fought by determined advocates. The story of how the agency was forced to study the issue is clear, begins almost eight years ago, and speaks volumes about the efforts needed by advocates to protect wildlife. 

The story begins in November of 2014 when the USFWS received a petition from Western Watersheds Project and Buffalo Field Campaign, requesting that Yellowstone bison be listed as threatened or endangered under the ESA. In March of 2015 the agency received another petition requesting protection, this one from James Horsley, author of Yellowstone’s Wild Bison: On the Brink of Extinction.

In January of 2016 the USFWS concluded that those petitions did not provide enough scientific or commercial information to warrant ESA protection.

But thankfully the conservation groups were not ready or willing to give up. In September of 2016 the Western Watersheds Project, Buffalo Field Campaign, and Friends of Animals sued the USFWS, asserting that the agency’s previous determination to not consider protection was arbitrary and capricious.

More than a year later, in January of 2018, the United States District Court for the District of Columbia ruled that the USFWS must conduct a 90-day finding on whether protection should be considered. In March of 2018 Horsley submitted another petition requesting ESA protection. 

As ordered by the court, the USFWS again studied the issue. Finally, in September of 2019 (far longer than the court-ordered 90 days) the agency again concluded that the petitions did not provide enough scientific or commercial information to support ESA protection. 

Time to return to court. In March of 2020, Western Watersheds Project, Buffalo Field Campaign, and Friends of Animals sued, once again asserting that the agency’s conclusion was arbitrary and capricious. 

And once again, on January 12 of 2022, the court told the USFWS to conduct another 90-day finding.

And once again it took the agency far more than the required 90 days to arrive at their next conclusion on June 3, 2022. But it’s a good one. 

Based on the USFWS review of the petitions and readily available information, the agency now states—as advocates have contended since 2014—that there are at least five potential threats to the well being of Yellowstone bison that could lead to their being protected under the ESA.

These threats involve Yellowstone bison having their overall range restricted due to lack of tolerance outside the park. Their winter range is also restricted by the culling, hunting, hazing, and quarantine actions taken under the Interagency Bison Management Plan each year. Additionally Yellowstone bison are threatened by overutilization, disease, and loss of genetic diversity.

The USFWS has said it will fully evaluate these and all other potential threats based on the best scientific and commercial data available. The agency asks people to submit any new information concerning the status of, or threats to, Yellowstone bison or their habitat. The agency will eventually publish a 12-month finding and issue a proposed rule that will go out for public comment.

During this year (or more) of study, bison will unfortunately still be managed as they have been.

We’ll have to wait and see how this resolves. But in the meantime, we should thank Western Watersheds Project, Buffalo Field Campaign, Friends of Animals, and James Horsley for more than seven years of effort to protect Yellowstone’s bison.

To Learn More About the Mismanagement of Yellowstone Bison

From Save the Wild

An Inside Look at Capturing Yellowstone Bison

Transferring Yellowstone Bison to Tribal Lands

From Love the Wild

In Awe of Bison Our National Mammal

Yellowstone Winter: A Bison-eye View

To read James Horsley’s book about Yellowstone bison 

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I write and photograph to protect wildlife and preserve wild lands.

My bestselling In the Temple of Wolves; its sequel, Deep into Yellowstone; and its prequel, The Wilds of Aging are available signed. My books are also available on Amazon unsigned or as eBook or audiobook.

Photo Credit:

Bison crossing creek by Rick Lamplugh