Deal protects grizzly habitat near Whitefish

As many as seven grizzly bear security zones encompassing 22,000 acres of state land north of Whitefish is the result of a settlement agreement between state officials and a handful of conservation groups.

The agreement was approved Oct. 9 by U.S. District Court Judge Donald Malloy. It resolves a lawsuit against the Department of Natural Resources filed in 2013 by conservation groups Friends of the Wild Swan, Montana Environmental Information Center, and Natural Resources Defense Council.

“This agreement ensures protection for the last, best grizzly bear habitat remaining on state lands in Montana,” said Earthjustice attorney Timothy Preso, who represented the groups in negotiating the agreement.

The agreement area includes grizzly bear security zones on 90,500 acres of the Stillwater and Coal Creek state forests.

The agreement prohibits all motorized use in those zones from April 1 to Nov. 15, when grizzly bears are typically most active. Motorized use will be allowed during denning season between Nov. 16 and March 31.

The agreement also bans permanent road construction in the security zones, and any temporary roads must be reclaimed to prevent vehicle use, including off-road vehicles.

Commercial forest activity will be allowed during denning season below 6,300 feet. The agreement says the DNRC will minimize the duration of air-to-ground harvesting near the security zones during non-denning seasons.

“Even if the area’s grizzlies are someday removed from the protections of the Endangered Species Act, these protective measures will endure because they will be incorporated into the conservation strategy for long-term grizzly management,” said Arlene Montgomery of Friends of the Wild Swan.

Kyla Maki of the Montana Environmental Information Center said the agreement provides connectivity and maintains a habitat link for bears that move out from Glacier National Park.

Matt Skoglund of the Natural Resources Defense Council added that the security zones include avalanche chutes where grizzly bears forage for food.

“Multiple generations of grizzlies will benefit from being able to utilize these habitat areas without disturbance,” he said.

DNRC officials in a statement said the agreement brings “much-needed certainty to future DNRC forest management plans, and puts workers back on the ground to resume six timber projects shut down a year ago by litigation.”

“We’re glad to be back in business, protecting natural resources and putting revenue into the trust,” said DNRC Director John Tubbs. “This agreement works for everyone.”

The DNRC notes that an injunction on timber sales in the Coal Creek and Stillwater forests, ordered in 2014, stopped two full sales and four partial sales.

Tubbs said those purchasers have been notified of the new agreement and told they can resume harvest activities. Planning also has resumed on the Stryker Basin timber project, DNRC notes.

“All sides worked hard on this settlement, which comes at a very good time for the wood products industry,” said Tubbs.