Gentle Carousel’s Magic, the Little Hero Horse
June 9, 2023
The Convention on Animal Protection for Public Health, Well-Being, and the Environment
June 14, 2023
By Mallory Lizana, Animal Law L.L.M. Candidate 2024, Lewis & Clark Law
Lamar Valley
Nestled in the northeastern corner of Yellowstone National Park lies Lamar Valley, its vast lands gracefully traced by the Lamar River, earning it the moniker “America’s Serengeti.”[i] A multitude of animals call Lamar Valley home, but there is one group that visitors flock by the millions to see every year—Yellowstone’s bison.[ii] These bison have lived on the land since the prehistoric era, setting them apart from other wild herds in the United States.[iii] With numbers in the thousands, Yellowstone’s herd is the largest bison population on public land in the entire nation.[iv] The multitude of visitors and the presence of thousands of bison occasionally results in close encounters with unpredictable consequences, as evidenced by an event in Lamar Valley on May 20, 2023.[v]
On that evening, the herd was crossing the Lamar River, near the area where the river meets Soda Butte Creek.[vi] A newborn bison calf inadvertently became separated from its mother during this crossing and began struggling on its own in the water.[vii] In an attempt to save the calf’s life, a park visitor approached the calf and managed to guide it to the river bank and up onto an adjacent roadway.[viii] Despite concerted efforts by park rangers to reunite the calf with its herd after the incident, the calf was continually rejected by its mother.[ix] Unfortunately, the calf soon developed an inclination to trail after park visitors and their vehicles, presenting a “hazardous situation” as assessed by park authorities.[x] As a result, the calf was euthanized, leading many visitors to question whether the right course of action was taken.[xi]
Environmental Preservation or Wildlife Rescue?
The National Park Service (NPS) has always focused on preserving natural environments, rather than rescuing wildlife.[xii] While recognizing the value of wildlife rehabilitation, the NPS emphasizes the integral role of death in the natural cycle, highlighting Yellowstone as a haven for countless creatures thriving in their own habitats and conditions.[xiii] Nevertheless, there are specific circumstances in which the NPS will intervene “in natural or biological processes.”[xiv] These circumstances include complying with Congressional directives, responding to emergencies where lives are at risk, implementing protective measures according to park plans, and restoring disrupted ecosystems caused by human activities.[xv] In the case of the bison calf, Yellowstone argued that three of these factors justified NPS intervention.[xvi] Through their Facebook page, Yellowstone issued the following a news release about the incident:
Federal and state regulations prohibit the transport of bison out of Yellowstone unless those bison are going to meat processing or scientific research facilities. We now have a quarantine facility so bison can go through the months-long testing protocols for brucellosis and, if negative, be used to start conservation herds elsewhere. However, the use of quarantine for a newborn calf that’s abandoned and unable to care for itself is not a good candidate for quarantine.[xvii]
Following the Facebook post, numerous comments expressed deep concern regarding the threat of brucellosis and its potential impact on Yellowstone’s bison population.[xviii] Brucellosis, a bacterial infection, leads to spontaneous abortion in pregnant cattle, elk, and bison.[xix] Unfortunately, there is no vaccine that offers complete protection against this disease, which spreads through contact with infected birth tissues.[xx] Brucellosis incidence among Yellowstone’s bison herd currently ranges from ten to fifteen percent, but even this relatively modest percentage underscores the potential for a significant impact on the overall population if left unmanaged.[xxi]
Interagency Bison Management Plan
The state and federal regulations cited in Yellowstone’s news release refer to the Interagency Bison Management Plan (IBMP).[xxii] This plan, established as a result of a court-mediated settlement in 2000, brings together a coalition of eight entities consisting of state agencies, federal agencies, and Tribal Nations.[xxiii] The plan originated when Montana ranchers began to fear the potential transmission of brucellosis from bison to their cattle if the bison were allowed to migrate beyond federal land.[xxiv] Notably, there has never been a documented case of brucellosis transfer between these species.[xxv] Nevertheless, despite the absence of any known transmission, the IBMP was established.[xxvi]
The IBMP has four primary objectives to guide decisionmakers: (1) uphold the existence of a thriving population of wild, free-ranging bison; (2) mitigate the risk of brucellosis transmission from bison to cattle; (3) effectively manage situations when bison migrate from Yellowstone into Montana; and (4) preserve Montana’s brucellosis-free status with regard to domestic livestock.[xxvii] While these goals may appear straightforward and achievable, the IBMP has faced significant criticism for the perceived “senseless slaughter” of numerous bison since its implementation.[xxviii]
Whenever bison approach or cross the boundary between Yellowstone and bordering lands, they are either killed or captured for slaughter.[xxix] Consequently, due to the IBMP, the bison calf involved in the Lamar Valley incident could not be transported outside of Yellowstone to a rescue facility, where it could have received appropriate care and attention. This incident, along with the slaughters preceding it, have sparked an ongoing battle to reform the regulations governing Yellowstone’s bison, as many argue the IBMP has become outdated.[xxx] In response to these concerns, a new plan is currently in the preliminary stages of development, signaling the potential for forthcoming revisions.[xxxi]
Lessons Learned
Visitors to any natural areas, whether Yellowstone or our own national and state parks in Florida, should be cognizant of the possibility of encountering wildlife. For instance, when encountering a bison, it is recommended that a minimum distance of twenty-five yards be maintained.[xxxii] In Everglades National Park in south Florida, a safe distance of at least fifteen feet is advised when encountering alligators or crocodiles.[xxxiii] By maintaining a respectful distance from wildlife and appreciating them from afar, incidents similar to the one involving the Lamar Valley calf can be prevented.
As the boundaries between humans and wildlife converge, respect and care for the natural world we cherish and enjoy should be a guiding societal principal. Although many regulations governing these spheres have been updated to reflect the modern era, some still lag behind. Advocacy for the modernization of wildlife protection laws and the preservation of essential wildlife habitats must be pursued for the benefit of future generations
[i] Elisabeth Kwak-Hefferan, Watch Wildlife in Lamar Valley and Hayden Valley, Yellowstone National Park Trips (May 6, 2022), https://www.yellowstonepark.com/things-to-do/wildlife/lamar-hayden-valley/.
[ii] Statista Research Department, Number of Recreational Visitors to Yellowstone National Park in the United States from 2008 to 2022, Statista (April 12, 2023), https://www.statista.com/statistics/254231/number-of-visitors-to-the-yellowstone-national-park-in-the-us/.
[iii] Douglas W. Blanton, et al., The Population—Attributes, Behavior, Distribution, Resource Use, and Trends, Yellowstone Bison: Conserving an American Icon in Modern Society 21 (2015), https://www.nps.gov/yell/learn/nature/upload/Yellowstone_Bison_ForWeb.pdf.
[iv] Id.
[v] News Release, U.S. Dep’t of Justice Dist. Of Wyo., Yellowstone National Park law enforcement officers investigate incident of a man intentionally disturbing a bison calf; incident results in death of calf (May 23, 2023), Nat’l Park Serv., https://www.nps.gov/yell/learn/news/23016.htm
[vi] Id.
[vii] Id.
[viii] Id.
[ix] Id.
[x] Id.
[xi] Id.
[xii] Why Yellowstone Doesn’t Rescue Wildlife, Nat’l Park Serv. (2023), https://www.nps.gov/yell/learn/nature/whyyellowstonedoesnotrescuewildlife.htm.
[xiii] Id.
[xiv] Id.
[xv] Id.
[xvi] News Release, Yellowstone Nat’l Park, (May 24, 2023), https://www.facebook.com/YellowstoneNPS/photos/a.480329805315712/6994755070539787/?paipv=0&eav=AfZLTWhkm1RE4s8Yp4pzpRGRqTc_M71iAcjBsJ6WbAenQu94mpcl2bTB0b8nyBXGHK4&_rdr.
[xvii] Id.
[xviii] Id.
[xix] Brucellosis, Nat’l Park Serv. (Feb. 18, 2022), https://www.nps.gov/yell/learn/nature/brucellosis.htm#:~:text=Brucellosis%20is%20a%20nonnative%2C%20bacterial,it%20to%20local%20wildlife%20populations.
[xx] Id.
[xxi] Id.
[xxii] News Release, supra note 16.
[xxiii] Bison Management, Nat’l Park Serv. (Feb. 8, 2023), https://www.nps.gov/yell/learn/management/bison-management.htm.
[xxiv] What is the Interagency Bison Management Plan (IBMP)?, Buffalo Field Campaign, https://www.buffalofieldcampaign.org/what-is-the-interagency-bison-management-plan-ibmp.
[xxv] Id.
[xxvi] Id.
[xxvii] Welcome to the Interagency Bison Management Plan Web Site, Interagency Bison Mgmt. Plan, http://www.ibmp.info/index.php.
[xxviii] Interagency Bison Management Plan: What is it, and How Did It Come About?, Buffalo Field Campaign, https://www.buffalofieldcampaign.org/images/what-we-do/legislative-montana/IBMP-Background.pdf.
[xxix] What is the Interagency Bison Management Plan (IBMP), supra note 24.
[xxx] Id.
[xxxi] Id.
[xxxii] The Citizens Group on Bison Education, Understanding Bison as Wildlife, Interagency Bison Mgmt. Plan, http://www.ibmp.info/Library/BisonEducation/BisonBrochure2.pdf.
[xxxiii] Safely Enjoy America’s Everglades, Nat’l Park Serv., https://www.nps.gov/ever/planyourvisit/safety.htm#:~:text=Keep%20a%20safe%20and%20respectable,hunting%20from%20dusk%20to%20dawn.