Opinion Editorial, November 21, 2001
CONTACT:
Jonathan Proctor, Grassland Associate (406)587-3389
Common-sense Prairie Dog Shooting Ban is Legal, Necessary
On behalf of the Montana Shooting Sports Association, the Mountain States Legal Foundation recently filed a lawsuit over a shooting ban meant to protect habitat for the endangered black-footed ferret. This lawsuit not only goes against common sense, but also is a sad waste of taxpayers’ money.
The shooting ban in question protects about 1,000 acres of prairie dogs within a 20,000-acre parcel of public land in south Phillips County, overseen by the Bureau of Land Management (BLM). The "discharge of firearms" restriction affects only about 15 of over 200 prairie dog towns in Phillips County on BLM land.
These prairie dog towns were closed to protect endangered black-footed ferrets that were just reintroduced to this area in early November. Ferrets live in prairie dog burrows and dine almost exclusively on prairie dogs.
Gary Marbut, president of the shooting group, says the closure is a "knee jerk reaction" by the BLM, and says the agency has no legal authority to do what it did. He claims that the BLM imposed the restrictions without involving the public, that the restrictions are in violation of the Endangered Species Act, that shooting prairie dogs does not reduce their numbers, and that the ban would prevent someone from firing a gun in self-defense in the closed area.
Mr. Marbut is incorrect on all counts.
The BLM has clear legal authority to implement a shooting closure, and only did so in this case after extensive public involvement and pressure. Beginning in the late 1980s and continuing until the final decision in 1999, the public commented on several plans. They include: the 1992 Resource Management Plan, the 1992 black-footed ferret reintroduction plan, and the 1998 Environmental Assessment to enhance prairie dog numbers.
The BLM took public comment specifically on the issue of using a shooting closure both as a method to increase prairie dog populations and for ferret recovery. At the ferret reintroduction earlier this month, BLM officials acknowledged that it took 15 years from the time the agency started talking about ferret recovery and prairie dog management to when the ferrets were re-introduced.
The decision to implement the "discharge of firearms" closure does not conflict with the Endangered Species Act, and it leaves us scratching our heads to figure out that "logic." The black-footed ferret reintroduction plan specifically allows for future prairie dog shooting closures.
Shooting can and does impact prairie dog numbers, according to studies that have been conducted. Impacts range from slowing expansion to significantly reducing numbers, depending on the amount of shooting and environmental conditions.
Finally, the self-defense argument presented by the Montana Shooting Sports Association is another head-scratcher. Following their logic, we should also eliminate all discharge of firearm restrictions around BLM and Forest Service offices, campgrounds and urban areas because we "can't defend ourselves." The BLM can and does implement shooting closures all the time, for various reasons including public safety.
Legal hunting of animals such as deer and antelope is still allowed in this area to anyone holding a permit to hunt these game species. But Mr. Marbut and his group apparently want the right to shoot at every last prairie dog, even though the black-tailed prairie dog itself is warranted for protection under the Endangered Species Act.
Predator Conservation Alliance has worked for years to help protect important prairie dog towns and restore black-footed ferrets and other wildlife that depend on prairie dogs for survival. It seems to us that the Montana Shooting Sports Association wants to destroy the last few places where prairie dogs and these other wildlife species exist.
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