| HELENA
(AP)- State and federal officials said Friday
they will try again to work out a disagreement that
has threatened to stall work on a joint plan for managing
diseased Yellowstone National Park bison. Representatives
from Montana and three federal agencies agreed to a
request by U.S. District Judge Charles C. Lovell to
have a mediator get involved in a renewed attempt to
resolve the dispute.
If the two sides cannot find common ground, the federal
government will continue work on its own plan for handling
bison inside the park and the state will have to develop
a policy for controlling the animals when they cross
the Yellowstone boundary. Sherry Scheel Matteucci, U.S.
attorney for Montana, was optimistic that some resolution
will come in informal talks planned before the April
24 deadline for mediation to start. She will join in
those talks personally, she said. "We came into this
process with a feeling that further discussions might
not be fruitful," she said. "We left with agreement
to work it out."
Gov.
Marc Racicot was similarly upbeat and said the nudge
given by Lovell to engage in mediation was what the
state had hoped for in asking him to get involved. "We
look forward to the mediation and believe a solution
based on the law and sound science can and will be found,"
he said. Lovell said he will appoint a U.S. magistrate
to act as mediator and his order indicated the talks
will be done in secret. Friday's hearing was prompted
by a December decision by the National Park Service,
Forest Service, and the Animal and Plant Health Inspection
Service to pull out of a project with the state to write
a long-term bison management plan.
The
federal agencies said the two governments had reached
an impasse over whether bison should be allowed to remain
outside the park as they wander in search of winter
forage. The state had asked Lovell to prohibit the federal
agencies from writing a management plan on their own.
The
issue centers on brucellosis which infects a portion
of the Yellowstone bison herd. The disease causes cows
to abort their calves and can cause undulant fever in
humans. The state said permitting brucellosis-infected
bison to remain in Montana when they leave the park
could prompt other states, concerned about transmission
of brucellosis to livestock, to require expensive testing
of Montana cattle before export.
The
federal government, arguing the proposed plan would
keep bison and cattle far apart, promised it would pressure
states not to take action against Montana. But the controversy
goes beyond concerns about diseases. Shooting was the
primary method used to control the migrating bison for
several years, a practice that caused a national outcry
after 1,100 were killed in the winter of 1996-97. Hazing
has been used more in the past two mild winters.
The courts got involved when Montana sued the federal
government in 1995 over what Montana officials considered
federal apathy about the bison problem. In arguing for
Lovell to force the governments to resume working together,
John Bloomquist, attorney for the state, said the best
way to ensure a free-ranging bison herd and protect
the state from the threat of brucellosis is to craft
a joint long-term plan.
If
the federal government proceeds on its own, Montana
will be left with having to devise its own plan for
handling bison outside the park and that likely will
result in more of the animals being killed, he said.
Martin
LaLonde, U.S. Justice Department lawyer, said the court
had no authority to force the two sides to find compromise.
Settlement of the 1995 lawsuit gave each side the ability
to withdraw from the joint planning process at any time,
he noted. Lovell urged the governments to consider mediation
instead of a bureaucratic breakup after four years of
work. "It would be a worthwhile expenditure of time,
don't you think?" he said. He said many civil cases
involve years of bickering between parties, but are
easily settled when a mediator steps in.
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