On October 29, 2002, a federal judge stopped the U.S. Fish and
Wildlife Service (USFWS) and the Oregon Department of Fish and
Wildlife (ODFW) from proceeding with a controversial "study"
that would have involved killing 50 percent or more of the
cougars in two regions of the state. The purpose of the study
was to examine the effects of cougar predation and food
availability on elk and mule deer populations.
Nine groups, including The HSUS and the Oregon chapter of
the Sierra Club, filed the lawsuit against the USFWS in federal
district court. The plaintiffs argued that since the USFWS had
agreed to pay 75 percent of the approximately $5.1 million
pricetag, the study was then a federal project subject to
federal rules requiring a detailed environmental assessment.
U.S. Magistrate Dennis Hubel agreed.
Hubel ruled that "there is the possibility of significant
cumulative effects of the cougar harvest, there are substantial
concerns regarding the impacts of the study, and the study has
uncertain environmental impacts."
The judge was particularly concerned that ODFW does not have
good data regarding the size of the cougar population, and thus
was unable to sufficiently address the potential impact of
killing half of the cougars radio collared in the experimental
areas.
As a result of the ruling, ODFW may not kill any cougars as
part of this study until a full environmental impact study
(EIS) is completed. It is unclear whether ODFW will proceed
with the costly and lengthy process of completing an EIS.
Alternatively, ODFW may conduct the study without killing
cougars. In fact, scientists reviewing the study suggested that
its results would be more meaningful without the cougar-killing
component.
Plaintiffs in the lawsuit expressed concerns that this
research project was just one more attempt by Oregon
legislators (whose non-binding "budget note" called on state
wildlife officials to "study" the effects of cougar populations
on elk and mule deer herds) to target cougars, ostensibly to
benefit hunters by increasing elk and deer populations. These
attempts thwart the will of Oregonians, who have twice voted to
protect cougars from hunting with hounds, one in 1994 and again
in 1996.
Other plaintiffs in the lawsuit were the Siskiyou Regional
Education Project, the Klamath-Siskiyou Wildlands Center, the
Animal Protection Institute, the Fund for Animals, the Mountain
Lion Foundation, Umpqua Watersheds, Cascadia Wildlands Project,
and Al Thieme, an Oregon elk hunter and a conservationist.
