Vol 4, # 26

   Monday, April 24, 2000

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YELLOWSTONE NATIONAL PARK (YNET) -- At a time when Yellowstone National Park's financial situation includes some $700 million in backlogged maintenance, a ruling by a federal court may pave the way to helping Yellowstone become a little more self-sustaining.  The following press release is from the National Park Service:

Yellowstone National Park has announced that a federal court in Washington D.C. has approved its path finding bioprospecting "benefit-sharing" agreement with the Diversa Corporation of San Diego, California.

Ruling on April 12, 2000, that the agreement is "proper" and "does not conflict with the conservation mandate," Judge Royce C. Lamberth of the United States District Court for the District of Columbia dismissed with prejudice the legal challenge brought by the Edmonds Institute, International Center for Technology Assessment, Alliance for the Wild Rockies, and a Bozeman, Montana, citizen more than two years ago.

Yellowstone's bioprospecting "benefit-sharing" agreement with Diversa was first announced in August 1997 at ceremonies attended by Vice President Al Gore, Interior Secretary Bruce Babbitt, National Park Service Director Robert Stanton and others. The historic agreement provided that Diversa would share with Yellowstone specified economic and scientific benefits that might result from its research activities involved with microbes sampled from the park's famous geothermal features.

Although collection of biological specimens from Yellowstone for research purposes dates back to the 19^th century, the Yellowstone-Diversa agreement (known as a Cooperative Research and Development Agreement or CRADA) marked the first time that researchers agreed to share in any resulting benefits directly with the park for conservation purposes.

In a 24-page opinion, Judge Lamberth wrote that the National Park Service "properly determined that the CRADA was consistent with the governing statutes because it would produce direct concrete benefits to the Park's conservation efforts by affording greater scientific understanding of Yellowstone's wildlife, as well as monetary support for Park programs." The carefully written opinion rejected all of the plaintiffs' allegations that the agreement violated several park-related laws and regulations, noting that the plaintiffs' charges were based on a "misconception of the legal force of the CRADA" that revealed "fundamental flaws in their challenge."

The court also emphasized Congressional intent regarding cooperative scientific research agreements involving national parks. Finding that the CRADA "plainly constitutes an 'equitable, efficient benefits-sharing arrangement, '" the Court went on to declare that "the far-reaching terms of the Parks Management Act reinforce the conclusion that the Yellowstone-Diversa CRADA is proper."

John Varley, Director of Yellowstone's Center for Resources, praised the court's decision: "We couldn't agree more with Judge Lamberth's statement that the arrangement is 'a thoughtful and rational approach to research conducted on park resources.' It's good for science, good for parks, and good for the citizens of our country."

As a result of a prior order from the same court, the National Park Service is initiating a National Environmental Policy Act study to determine the environmental impacts of establishing additional research related benefit-sharing arrangements in other national parks throughout the United States.

Yellowstone's position was also supported in the court by the National Parks and Conservation Association (NPCA), which filed a supporting brief. NPCA is the largest membership organization in the United States dedicated to national park issues.

(Yellowstone Net provides you opportunity to voice your opinion regarding the various Yellowstone issues to your congresspersons and to editorial sections of magazines and newspapers by clicking here.)

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CONTRIBUTING WRITERS AND COLUMNISTS

Ralph Maughan
Kim Steinbacher
Kevin Sanders
Steve Brashear
Clint Wilkes
Tim Gourley
Hon. Bob Gammage
Ruth Colter-Frick
Lee Whittlesey
Tom Mazzarisi
Russ Finley
David Monteith
Denise Elmer
Dr. Bob Bara
Matthew McLean

BISON UPDATE
by Buffalo Nations

WEST YELLOWSTONE, Mont. -- The frantic chatter of helicopter rotors shattered the still morning last week at Horse Butte, as the Montana Department of Livestock (DOL) initiated a militaristic bison hazing operation.  Agents with shotguns fired cracker-rounds from horseback, All Terrain Vehicles (ATVs), and helicopter at more than sixty buffalo, chasing the animals five miles along the Madison river into Yellowstone National Park.

The majority of the bison were cows, many of which were pregnant, who traditionally migrate to Horse Butte in the spring.  The butte's south facing slopes provide excellent forage, and are a preferred calving ground for Yellowstone buffalo.   In the past few weeks, dozens of buffalo have moved out of the park to Horse Butte.   A series of DOL hazing operations has kept the bison almost perpetually on the move, as it is common for buffalo to return to the butte within 24 hours of being hazed away.

Last week's haze, the first of the season to employ the DOL's helicopter, was by far and away the most intensive and disruptive operation of the year, traumatizing not only bison but virtually all species in the wildlife abundant area between Yellowstone National Park and Horse Butte.

Buffalo Field Campaign (BFC) activists videotaped as the DOL violated the Horse Butte bald eagle closure on horseback and with their helicopter.  The Special Use Permit, under which the DOL is permitted by the Forest Service to conduct its hazing operations on the Gallatin National Forest, specifically states that from February 1 - August 15: "Helicopter activities will NOT be permitted in the Horse Butte area."

This was not the first time that BFC activists documented the DOL violating the bald eagle closure on Horse Butte.  In 1998, a previous helicopter hazing violating the closure twice, and also endangering people in the vicinity during the operation.  The repeated violation of the bald eagle closure with foreknowledge of the terms and conditions of their Special Use Permit demonstrates the State of Montana's disregard for public resources on Forest Service lands and the terms and conditions of their permit.

At one point during the operation, a group of buffalo fled from mounted DOL agents by swimming across the Madison.  The agents in the helicopter reacted, hovering above the river and firing cracker rounds into the water. The frightened buffalo quickly changed directions, swimming back across the river, pursued all the while by the helicopter.  Moments later a pair of sandhill cranes nearly became entangled in the chopper's rotors as they took to the air and struggled to flee the chaos of the operation.

The DOL justifies such heavy-handed tactics on the argument that bison pose a threat of transmitting brucellosis to cattle, yet there aren't any cattle in the area until June 15.  Even if there were cattle in the area now, there has never been a documented case of brucellosis transmission from wild bison to livestock.  Hazing operations, especially those like yesterday's, are extremely detrimental to bison, inducing unnecessary stress which can cause them to miscarry.

Our National Week of Action for the buffalo is now underway.  We are expecting an influx of volunteers who will allow us to be especially  vigilant in our work to protect the buffalo on the ground they choose to stand on.  We have a series of workshops, events, and actions planned.  There has been worldwide outcry against the slaughter of Yellowstone bison.  BFC has received support from many different countries and has had volunteers from Ireland, England, Holland, S. Africa, Australia, Israel, and Sweden.  As the world's first National Park, Yellowstone has been an inspiration for other countries to establish National Parks and is listed as a world heritage site by the United Nations.

This week, citizens will present more than 50,000 signatures from the   National Buffalo petition.  The signatures will be delivered to the US Forest Service at the Hebgen Lake Ranger District who will pass them on to Mike  Dombeck, the Forest Service Chief.  If you haven't yet signed the  petition, or would like to print a copy and collect signatures, it is  available online at http://www.wildrockies.org/buffpet/   As  signatures are collected, they will be forwarded to Mr. Dombeck, Mr.   Babbitt and President Clinton.  A hardy thanks to all of you who have   already spread the word and helped to collect petition signatures.

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YELLOWSTONE NATIONAL PARK, Wyo. --  Yellowstone National Park is now open for the 2000 season.  This past weekend, the West entrance and the north route to Old Faithful was opened to automobile traffic.  During the course of the next month, many of Yellowstone's other roads will also be opening.

The coming weeks are a special time in Yellowstone, as many of the Park's mammal's will be giving birth to their newborn.  Visitors in the month of May will have an excellent opportunity to see newborn bison and elk in particular.

However, visitors should be cautious when driving through the Park, as snowy roads will remain a concern throughout the spring.  In addition, some of the Park's trails will remain under snow for some weeks to come, and all visitor services will not be fully operational until the month of June.

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We are embarking on the 128th summer season of Yellowstone National Park.  When the park started, people were concerned about recovery from a Civil War, the Western expansion of the nation, and the impending growth from the industrial revolution.  Now, we are a nation of people concerned about gas prices, school shootings, and the the moral character of our leaders.  But just as people did 128 years ago, we find ourselves drawn away from the turmoil of daily life to the splendor of Yellowstone National Park.

Yet, while we get away from our daily trials and tribulations, Yellowstone has always had its share of trials, tribulations, notable events that help it grow and change.   Throughout Yellowstone's 128 years, these factors have changed just like the daily lives of Americans have changed.

In the beginning, Yellowstone was impenetrable. The only ones who ventured in were fur trappers who came out and told spectacular and unbelievable stories about the wonders within.  They told of hot fountains, massive canyons, and glass mountains.  Most just laughed at this and dismissed them as tall tales.

But, some did listen, and explorers started to enter the region.  Their effect on the area was immediate and permanent as they started to lend names to the things that they saw, names that are still used today.  A group of explorers, the Washburn expedition, sitting in the shadow of a bluff at Madison Junction, is credited with coming up with the most important idea in America's history of wilderness preservation: the National Park Service.

The park was established as America's first National Park on March 1st, 1872, by Ulysses S. Grant.  Soon after it was filled with tourists wanting to see America's newly discovered wonder.  This led to a big problem: how to preserve the park with all of these people around.  Soon, the park was run by the military who were stationed at Fort Yellowstone in Mammoth Hot Springs.  Their presence ensured that the wonders we enjoy today were not destroyed.

Life went on like this for awhile and eventually the military was no longer needed.   The Park Service was established fully and the park was to be run by rangers.   So, while the threat from  people was no longer such a dire problem, nature still had its own plans for the park.

On August 17th, 1959, a very powerful earthquake centered near Lake Hebgen in Montana left the Yellowstone region devastated in some cases, changed in others.  Roads were shut down because of landslides.  An entirely new lake formed just outside of the park in Montana, and hot springs and geysers started to be have in new and interesting ways.  Some of these changes in thermal activity are still seen today.

Nearly 30 years later, 1988, came the event that many people today visualize when they think of Yellowstone.  For almost the entire summer that year, the world was focused on the largest forest fire in the known history of Yellowstone. The fire threatened buildings and destroyed thousands of square acres of scenic forest.  No one was killed fighting the fire (one death occurred from a falling tree afterward) but the effects on the forest are such that they will not disappear in our lifetimes.  This was a part of the cycle of a forest's life, but the natural  and man-caused fires led many to believe that Yellowstone was destroyed forever.

The 1990s were a hotbed of activity in Yellowstone.  The government couldn't settle on a budget so the park was closed for awhile.  Wolves were re-introduced to the park in 1995 to reclaim their rightful place in the region's ecosystem.  The Department of Livestock in Montana and various Bison Groups battled (and continue to battle) over the fact that cattle ranchers want to avoid letting Bison with the disease Brucellosis (a disease that caused cow fetuses to abort) into the state of Montana. They fear what the presence of the disease will do to them financially and what it will do to the cows physically should they contract the disease.  The battle continues right now as you read this.  Finally, the most recent story was the plan to build a nuclear incinerator very close to Yellowstone.  Those plans were scrapped, much to the joy of Yellowstone and nature fanatics everywhere!

These are but a glimpse of the many events in the history of Yellowstone, but this is not a book, it is an article!  Thus, even while we have occasionally (or perhaps oftentimes for some of us) gone to Yellowstone to escape our daily lives, Yellowstone has always had a daily life of its own.  How will all of this effect the park?  Only time will tell.  What will Yellowstone National Park be like in another 128 years?   We can only imagine.

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