The lawsuit alleges that the migratory birds were killed at the Yellowstone River Fish Hatchery

BILLINGS. Members of the Yellowstone Valley Audubon Society are sounding the alarm about several large migratory bird species, including ospreys, that have all but disappeared near a state fish hatchery after it repeatedly obtained permits to kill the birds, which state officials say interfered with non-native pisciculture.

The Yellowstone Valley Audubon Society is suing the U.S. Fish and Wildlife Service for issuing permits without properly considering the impact of the kill on the species, and claims the department violated its own rules by repeatedly using the permits over a 10-year period. when federal law treats permits as a temporary solution to give agencies more time to develop a long-term plan.

The osprey and other birds such as two-crested cormorants and great blue herons disappeared from a stretch of land along the Yellowstone River after the federal Fish and Wildlife Service gave the Montana Fish, Wildlife and Parks a kill permit, the society said. birds without submitting any other documents, such as an environmental assessment, that would force the agency to consider other alternatives.

Miles City Fish Hatchery raises non-native bass, non-native bluegill and trout for sport fishing. It is approximately 220 acres in size and includes 49 outdoor ponds ranging from half an acre to five acres in size, according to Daily Montanan.

The lawsuit says that between 2018 and 2020, FWP officers shot and killed eight ospreys, 105 Canada geese, 26 great blue herons and 16 two-crested cormorants.

“According to the Yellowstone Valley Audubon Society, as a result of these removals, the number of chicks from known osprey nests within a 20-mile radius declined dramatically, and no osprey chicks were hatched in 2018, 2019 and 2020,” the lawsuit states. said

Attorneys for the group, represented by Earthjustice, said the federal government abandoned its own rules and failed to carefully consider other non-lethal alternatives to killing migratory birds.

The Yellowstone Valley Audubon Society also has an Osprey Nest Monitoring Project and has been involved in tracking the birds since 2009.

“YVAS members have been active in advocacy and communications efforts with Montana Fish, Wildlife and Parks and the Fish and Wildlife Service to stop the killing of migratory birds at the Miles City Fish Hatchery,” the lawsuit states.

The society’s lawyers argue that the looting permits issued are short-term decisions, “approved for one year only”.

“They cannot be the primary means of controlling the extermination of birds and must be used in conjunction with non-lethal measures,” the lawsuit states.

The Department of the Interior, which oversees the Fish and Wildlife Service, has a policy of not commenting on pending litigation.

Montana FWP told the group it has tried other non-lethal tactics to scare the birds away from the fish ponds, including a propane cannon, cracker shells, dogs and ATVs to chase the birds, but to no avail.

“The latest study, published in 2023, confirmed the impact observed by osprey nest monitors: the osprey nesting population around the fish hatchery declined after 3 years of lethal control,” the lawsuit says, citing research by Marco Restani, a bird specialist at Northwest Energy .

FWS-sanctioned killing has become the most common cause of osprey death in Montana, even surpassing electrocution from power lines.

“Shooting mortality appeared to be additive and the hatchery functioned as an ecological trap for nesting and foraging osprey,” the report said.

The Audubon Society also reported that before the killing was allowed, the osprey population was growing along the Yellowstone River. The osprey is one of the few birds that needs to feed exclusively on live fish. Osprey nests along the river doubled, but when hatchery staff began killing the birds, the population dwindled.

The lawsuit says the federal agency never considered other non-lethal means, which violates federal law that requires the agency to consider other alternatives.

The lawyers are asking U.S. District Court Judge Timothy J. Kavanagh to declare the actions in violation of federal law, revoke the permit issued in 2024 and stop the hatchery from killing the birds until it complies with the federal National Environmental Policy. act.

“The Northern Rockies are meant to be a refuge for migratory birds, not a killing field,” said Emily Qiu, an Earthjustice attorney representing the Audubon Society. “The Fish and Wildlife Service’s long-term reliance on lethal action has devastated migratory birds, including the osprey, runs counter to the Service’s mission and exacerbates the biodiversity crisis.”