BOISE, Idaho—A federal judge has ordered the U.S. Fish and Wildlife Service to determine if a fish found only in Idaho’s Big Lost River deserves protection under the Endangered Species Act.
The ruling by U.S. District Judge Edward Lodge requires the agency to launch a full status review and report within one year on whether the Big Lost River mountain whitefish deserves federal protection.
For now, Tuesday’s decision resolves a lawsuit filed by the Hailey-based conservation group Western Watersheds Project. Some fish biologists say the species has lived in the isolated watershed for thousands of years and developed traits and characteristics different from more prolific mountain whitefish species found elsewhere in Idaho, Montana, Utah and other western states.
Two years ago, the group filed a petition asking the agency and former Interior Secretary Dirk Kempthorne to grant the fish endangered or threatened status. When the agency failed to issue a timely response, Western Watersheds sued, alleging the government violated federal law and administrative rules.
Three weeks later, the agency rejected the request, and suggested the group failed to make a solid, scientific case to protect the fish and its habitat.
Although Lodge didn’t second-guess the agency’s decision, he criticized officials for using scientific data considered off limits under federal rules.
“The court finds the use of the extraneous material was prejudicial to the petitioner,” Lodge wrote. “The only solution now is to proceed with the ESA process.”
The Western Watersheds Project declared the ruling a victory for a fish the group contends has been reduced to 15 percent of its historic population and 20 percent of its historic habitat. The Big Lost River—which flows from the Pioneer Mountains south through the town of Mackey, where it is dammed—is one of a handful of isolated Idaho stream basins, completely cut off from other rivers by mountains and historic lava flows. As the river flows past Arco, it eventually sinks and disappears into the Snake River Plain.
“This legal victory is another step toward long-overdue protection for this very special native fish,” said Jon Marvel, executive director of the watersheds project.
Andrew Ames, a Justice Department spokesman, said government attorneys are still reviewing the judge’s order.
“No determination has been made as to the government’s next step in this matter,” Ames said Thursday.
The state, anglers and conservationists have worked for several years to restore the fish and improve its habitat. Once prolific, officials say the Big Lost mountain whitefish has declined rapidly, and a 2005 survey of adult fish estimated the total population at 2,745 fish.
In October, fish passages were added to diversion dams to reconnect trout and whitefish populations along several stretches of the river, which goes dry in some lower reaches in late summer due to irrigation.
But Western Watersheds is pushing for more significant protection of the species and river. Marvel said adding the fish to the endangered species list would have profound effects on livestock grazing and the use of river water for agricultural purposes.
“Whitefish are dying because of the shutdown of water below the dam,” Marvel said. “We expect this ruling to lead to the listing of the fish … and the result will be long overdue changes, especially for livestock grazing in the Big Lost watershed.”
