Weal and Wolverines

Weal is an old word. It goes way back, to the days when a bunch of European tribes were squabbling over Great Britain: Roman invaders building walls to keep wild Celts and Picts from the civilized environs of their empire, Germanic and Scandinavian and Norman French invaders crashing onto the shores of an island where immigrants weren’t necessarily welcome, mixing up their genes and their languages and their culture. Whatever the disagreements of these groups as they contested over the British Isles, words akin to weal are found across large swaths of northern Europe, all related to a single concept: collective well-being. This is the word that gives us “well,” “wealth,” and “welfare,” as well as “Commonwealth,” a political entity that foregrounds the idea of shared responsibility and shared prosperity. Words with similar meanings are found throughout the world, so this is hardly an exclusively European concept; something in the human psyche acknowledges that we are, at our core, a social species responsible for our fellow creatures.

Today we understand wealth as relating to capital, material goods, and private property, but at one time wealth inhered in this shared investment in one’s community. When Puritans overthrew the corrupt monarchy of England in 1649 and decapitated Charles I – a man whose inflated self-opinion and dictatorial policies eventually became untenable to the British public – the nation’s briefly monarch-free government was referred to as a Commonwealth (This is about the time that the first use of the word “wolverine” is recorded in the English language, in customs forms related to fur imports). When those same English Puritans landed on the shores of North America in the 17th century, bringing with them all the good of their anti-monarchial ideals and all the ills of their colonial and religiously intolerant agenda, the land that they colonized eventually became the Commonwealth of Massachusetts, the birthplace of the American Revolution. And if there has always been a struggle between oligarchy and democracy in this country, if there has always been a tension between Enlightenment ideals and terrible colonial realities, the country’s values are nevertheless rooted in an understanding that we come to our community, and to its governance, in a spirit of both individualism and shared investment in the well-being of our fellow citizens.

What does this have to do with wolverines?

Wolverines, like all wildlife, are a public good. They don’t belong to any single person or interest group in the US, which means that we are collectively responsible for them. They are part of the weal of this country, part of the wealth we share. When we discuss what we know about wolverines, when we discuss management of wolverines, we’re talking about how to negotiate within a common-interest space for common-interest outcomes. This process is essential to democracy as well as to conservation of wildlife and the preservation of other environmental values that involve shared resources.

This reality rests uneasily next to a narrative that has gained increasing power over the past few decades, however: the narrative of unfettered neoliberal capitalism. The neoliberal narrative is a study in the privileging of special interests over the well-being of the collective of citizens known as society. It’s a deliberate turning of our backs on the idea that there is a reciprocal relationship between the individual and the world in which that individual lives and makes a living. Neolilberalism privatizes all profit, while socializing the risks and costs of profit-making. It consolidates capital among those who already have it, and denies the idea of the common weal by allowing those with capital to horde it without giving back and without taking responsibility for the ways in which  they impose on the public good. It puts a price tag on everything, and dismisses things that cannot be assigned monetary value. How much is a wild wolverine population worth to the public? This is hard to quantify. Easier to quantify is the value of profit made by oil industry executives and shareholders. The oil industry, in a world that extolls the neoliberal narrative, wins out over public interest. Neoliberalism is a powerfully destructive ideology, insidious and pervasive, and it is this basic set of values that will end up driving wolverines – and other climate sensitive wildlife – to extinction. Unless, of course, we have a massive society-wide awakening, immediately.

To that end, for those of you who are wolverine fans, I’d like to ask you to take a moment to reflect on your values. What are your priorities? How do these priorities potentially have an impact on society? What do you expect or feel entitled to in life, and what do you consider to be your obligations to the wider world? How do you define that wider world, and do you think are there limits to your obligations? If so, where are these limits? Likewise, if you feel like you are entitled to certain things, where are the limits on those entitlements, and do you extend the same set of entitlements to others? If so, which others?

These may seem like large and abstract questions, but I suspect that most people who are concerned with the persistence of wildlife fall within certain parameters when these questions are considered on a spectrum. There’s a lot of work out there in the social sciences on values orientation, the psychology of concern for in-groups vs. out-groups, and where environmental folks tend to fall out on these tests. For now, I’ll provide a couple of graphics and a set of questions to help you situate yourself within this conversation, because this issue of common interest vs. special interest will feature in upcoming posts and you’ll probably find yourself having gut-level reactions to some of what I write. You should know where those reactions are coming from.

Wolverine Quiz: What’s your in-group? 

First, let’s look at in-groups and out-groups. There’s a theory that people subconsciously define other people and entities as being relatively closer or relatively farther from themselves, and care about those people or entities to a degree that is dictated by that distance.

circleofconcern

Beings that are closer to the self get more care. Beings that are further get less. There are entities that are seen as being definitively outside of the scope of care; those beings are the out-group.

In a very restricted or self-centered worldview, the in-group and out-group might look something like this:

circleofconcern_conservative

In a very generous worldview, everything might be part of the in-group:

circleofconcern_generous

Note that these graphics should actually contain another dimension, which is time – for example, I consider living and non-living future generations, up to a certain point, as part of my ‘in-group,’ but I don’t really think about non-living past generations as part of my responsibility since – unless we really take it to a science fiction level – my actions can’t affect them. These are very basic graphics and very general explanations, but you probably get the idea.

Most people will fall somewhere in between the restricted and generous versions of the in-group/out-group dynamics above. Where do you fall? Who or what is in your in-group? If wolverines are in your in-group, why? (If they aren’t, what brings you to this blog?)

That question of why certain entities are included or excluded from our circle of concern leads us back to values. And that will be the topic of an upcoming post.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Two Things

The bear came into our camp at dusk.

In the gathering dark, we weren’t sure, at first, whether it was a shrub, suddenly materialized on the ridge a scant fifty feet away, or whether it was the source of the crashing and snapping branches we’d been hearing for the past fifteen minutes.

“Amanda,” I said, and pointed my chin in its direction.

My sister looked over from where she was standing near the tent.

“Was that there before?”

“Is that – ?”

We both knew it wasn’t a shrub, and in the heartbeat before it started moving towards us, Amanda was crouching, kicking off her camp sandals.

“Should I put on my hiking boots?” she asked, tense, already tugging them onto her blistered feet.

“Put them on,” I said. The bear was coming at a quick lope. I reached down for my day pack, slung it over my shoulder, and slid the safety off my bear spray. Amanda leapt to her feet, shoelaces not yet tied, and grabbed for her day pack.

In the half-light, with the animal face-on, I couldn’t tell what kind of bear it was, which was a problem. If you run into a black bear, you’re supposed to act big and aggressive, shout, throw rocks, try to scare it off. If you run into a grizzly, you want to be quiet and calm and back away, assuring the animal you mean no harm. We’d been yelling and making noise and singing off-key show tunes since we first heard the crashing in the woods, just after we returned to our tent from dinner at our kitchen site over another low ridge. If this bear had been any kind of normal bear, black or brown, it should have headed away from us.

In those first few confused seconds, as my heart turned to ice in my chest, that was the thought that gripped me: Why is it coming towards us? That’s not supposed to happen. We’d done everything right, performed all the proper rituals of bear avoidance – we’d been loud, we’d kept the food far from camp in secure containers, we’d cooked at a third location far from the tent and the food storage site. We’d even sung songs from The Sound of Music, an activity guaranteed to send anything with ears scurrying. But here we were, a bear of unknown species approaching at speed. The wind had been high all day, and if I used the bear spray in the position we were in, it was going to blow back into our faces, potentially blinding us and leaving the bear unharmed – essentially turning us into spicy, incapacitated snacks. I didn’t want to risk chucking rocks at it in case it turned out to be a grizzly. Our best option was to leave; it would probably stop at the tent to investigate while we made our way to safe location.

I waved a hand at my sister, who was fumbling with her bear spray, and said, “Up the ridge. Don’t run.” Even in the dimming light, I could see the panic rising in her face. We moved east, downhill from our camp, across a tiny stream, and then back up towards the low ridge that concealed our kitchen site. We headed south along the ridge, away from the food containers and the kitchen, and up into the pines.

In the trees, we turned to look back. If the bear ransacked the tent, so be it.

But the bear was not ransacking the tent. The bear hadn’t stopped. The bear was still coming for us.

Living and working in wolverine country means living and working in bear country. In the US Rockies, wolverines – and their researchers – share the landscape with both black bears and grizzlies. To traverse wolverine country in the summer, certain precautions are essential. You carry bear spray. You make noise. You keep a clean camp. You store your food and toiletries in bear-proof containers or hang them from a tree. You do this for your own safety, but also for the safety of the bears. A bear who learns to associate humans with food is going to continue to pester people, and it’s only a matter of time before the bear hurts a human. In the greater Yellowstone region, once a bear threatens people for food, the bear will likely be shot. Grizzlies are granted some leeway, black bears less. But a food-conditioned bear of any sort is almost certainly a dead bear walking. Keeping food away from bears is a way of expressing a wish for their continued existence on the landscape.

For wolverine work, the presence of bears requires that baited camera and live-trapping stations are taken down before bears come out of hibernation in the spring. Wolverine work is primarily winter work, in part because no one in their right mind wants to risk accidentally nabbing a grizzly cub in a baited log box trap, or hiking in to a camera station when a bear might be snapping selfies with the deer haunch hanging from the wire. Summer wolverine work is limited to the kind of surveys that my sister and I were doing – visiting sites of potential importance to wolverines, without any expectation of seeing the animals or sign.

Amanda and I were deep in the northwestern Tetons, the wild and remote region of the range that is less accessible and less traversed than the southern reaches encompassed by Grand Teton National Park. We were up here for two reasons. The first was a straightforward scientific objective: we were ground-truthing a talus model that will be used for the Wolverine Winter Recreation Study’s habitat analysis. This involved visiting randomly selected points that the model had identified as talus, and recording the characteristics of those sites.

The second reason was my sister’s wedding, a mere three weeks in the future. The pressures of wedding planning were stressing her out, a fact that was evident when I’d asked her, over the phone the week before, how things were going with the organizing, and her voice had assumed the flat quality that it does when she doesn’t want to talk about something. So I’d sent her an email the next day, the subject line of which read “Bachelorette Backpacking Bash (with Bears!),” proposing that she come out from Massachusetts for a week to help with the surveys and take a break from the demands of matrimonial spectacle. I’d added the paranthetical commentary both because it was alliterative, and because her fiancé has a phobia of bears, which I found worthy of some gentle teasing. Bears were cause for caution, not fear.

I didn’t think she’d say yes, but three days after the email, she was on a plane to Jackson.

Like all wolverine work, the talus surveys took us to places that would not normally be part of a recreational hike. Most of the points were parked up precipitous slopes, and some were on cliff faces (bare rock, in the model, reads as bare rock, whether talus or exposed bedrock). I’d spent the first two weeks of August in the southern Madisons and the east side of the Tetons with other field assistants, sidehilling across miles of precarious talus, scaling and descending cliffs, and bushwhacking through dense, steep forest. I’d developed bad blisters, sliced up my arms on the sharp, fossil-studded limestone boulders of the southern Tetons, and watched my boots fall apart piece by piece. With another field assistant, I’d already had one encounter with a black bear, which had huffed at us when we stumbled across it in the trees, and then moved off – but not that far off. Disconcertingly, it sat down in a patch of sun on the slope above us and watched until we moved out of sight.

On the whole, though, the surveys were spectacular, a chance to spend the clear blue days of late summer in remote country, in high elevation bowls cradling aquamarine lakes, the slopes still hung with snowfields, the ground carpeted in flowers, following the game tracks of bighorn sheep and mountain goats across the talus, startling elk in their havens far from the hiking trails. This was the part of the experience that I thought would benefit Amanda – the vast tranquility of being absorbed in the beauty and the magnificence of the mountains, the sense of unity with nature.

We’d hiked six miles in along one of the Teton drainages, and over a high pass, crossing into another drainage and then setting up camp close to a cluster of talus model points just below the divide. We spent our first afternoon clambering around on granite boulders of gorgeous hues, pink and gold interspersed with white and grey and the occasional chunk of pure black basalt or amphibolite. We found a scat that looked promisingly wolverine-like, and collected it as we verified the first set of points.

A snapping branch woke us at about 6:30 the next morning; we both sat up and listened, tense, in the way that you do when you’re in bear country. But we heard nothing further, so we got up, went over to the kitchen, and prepared for the day. The next set of points was about five miles down the drainage we’d crossed into when we came over the pass; we’d have to descend about 2000 feet, and then ascend about the same elevation to reach the points. We would use our current campsite as a base camp rather than hauling our gear down the drainage, since an active fire had closed the trail below us. The fire prevented us from making the loop we’d intended, which meant extra miles overall, but nothing we couldn’t manage. Amanda’s a sub-three-hour marathoner, in excellent shape, and I had no concerns about 15-mile days over rough terrain. Unfortunately, however, Amanda already had incipient blisters from climbing on the talus the previous day. I handed her the blister band-aids that had been indispensable to me over the past couple of weeks, and she doctored her feet, and then we set out.

When we finally reached the points, we could see fires burning all around, the smoke lending the day an ominous light and an uneasy edge. We’d turned off the trail just before the closure, and from our ridge we watched trees torching one by one to the west, while over another high ridge just to the north, a much bigger fire burned, smoke roiling apocalyptically. The wind was ferocious, stoking the fires and gusting so that we were constantly grabbing our hats and anchoring them to our heads. Our route back down to the trail was circuitous and slow. Amanda’s blisters were worse, and we were both tired.

By the time we finally got back to camp, it was past 7:00 pm. Amanda took off her boots to messy, bloody heels, despite the blister bandages. In her socks and camp sandals, she trudged over to the kitchen site, and we ate our dehydrated camping meals in the saturated light of sunset, the wind still gusting around us. She peeled off her left sock and liner to rebandage the worst blister, and then we secured all of our food and toiletries, donned our hats and puffy jackets in the quick cold that gathered after the sun set, and headed back to the tent, ready to sleep. Amanda had just collected her boots from where they lay overturned near the tent, and stuck the left liner sock in one, when the crashing and cracking started, branches breaking in a nearby grove of trees, a bird flying into the pink sky, squawking a warning. The vague sense of unease seeded by the fires burst into full and furious life.

“It’s probably just an elk,” I told Amanda, but I didn’t believe it. “We should make some noise,” I added. And we did. But the bear came anyway.

In the trees, we watched the bear as it loped towards us. The sense of warped reality heightened:The bear is not supposed to be acting like that!

It was probably a black bear, but even if it was a grizzly, I didn’t care anymore about antagonizing it. I scrabbled on the ground for a rock. My hand closed around a big piece of granite, and I picked it up and heaved it towards the bear, shouting. The rock fell short and the bear, a dim shape, seemed to pick up speed. Beside me, Amanda yelled, “No!” She held out a finger, as if admonishing a dog, and then repeated it a second later, this time as if she couldn’t believe this was happening: “No.”

Amanda’s fear was hot and panicky; I could feel it and I could see it in her face. My fear was cold and tactical, as if time had suddenly reeled and tilted in a way that made everything both extremely slow, and absolutely immediate, stripping away everything except for a rapid-fire process of crisis logic.

A lot of things happen, quickly and subconsciously, in the adrenaline-saturated brain. Instantaneously, and almost simultaneously, the things that cycled through my mind included:

The wind is still against us; I need to maneuver until the bear is downwind.

We can’t go east up the talus slope, we’ll be at a greater disadvantage, the bear will probably have better footing than we will on those boulders.

Holy shit, that thing is moving fast.

The best option is to go southeast, back up the pass, because it’s open and we can see the bear.

If we go back up the pass, the bear will also be downwind.

But using the bear spray means letting the bear get closer, and I do not want that thing any closer than it is, and what if the bear spray malfunctions?

You’re going to have to use the bear spray. Get over it.

It’s getting dark. That’s bad. We need to spray it before it gets any darker and we can’t see it.

I dragged my little sister up here and what if she gets hurt or killed?

Idiot! Why did you put that snarky “With bears!” in the email? You just had to tempt fate, didn’t you?

Is it responsible to abandon the camp and let the bear trash it?

We can abandon the camp if we have to, the food is secure and the bear won’t get any food reward.

I have to protect Amanda.

Amanda is about to panic and run. Don’t let her run.

Amanda was fumbling with her bear spray as I continued to throw rocks and yell.

“How do you use this?” she demanded.

“Okay,” I said, and my voice was alien to me in its terrible calm, “First, take off the safety.”

“How do you get the safety off?”

I heaved another big rock at the bear, herding Amanda up towards the pass, holding out my hand for her can of spray. I slipped the safety off and handed it back to her.

“But which side does the spray come out?” she asked, turning the can in her hands, her voice pitching upwards.

The bear was on the other side of the thin line of trees, just downslope, trying to cut us off. I turned to face it. The wind had died.

“Get behind me,” I said, “I’m going to spray it.”

She obeyed. My scalp prickled, every cell oriented towards the bear, towards the enormous task of letting it get close enough to spray, every instinct shrieking Get away from it!  We were still stumbling backwards, the bear downslope, and suddenly we were on the switchback trail leading up the pass. For the second time that night, I had the sense of lurching between realities; what was this thing, this bare line of ground, this artifact of a human world where nature was curated and controlled? For the past few minutes we’d existed in a world where the thin veil of civilization had dissolved to reveal the stark reality of human existence. We were not the privileged darlings of evolution, dividing the world into neat segments with our roads and trails, managing nature to our own purposes. We were prey.

The trail was littered with smaller rocks, and I scooped up a handful.

The bear burst through the trees just below us. The remaining light hit it in such a way that I could see its lighter muzzle, its nose, its eyes, its mouth slightly open, a horrible amalgamation of adorable and terrifying.

Facing it across that tiny, inconsequential space, a cryptic conviction hammered through my mind: You and I are not the same thing. We’re not one thing. We’re two things.

Why was that the thought that fixed itself in my mind at that moment, when I was scared that my sister was going to die less than a month before her wedding, that I was going to die before I finished my novels, before I got a PhD, before I’d ever visited Kamchatka, or learned Navajo, or run a marathon, or found out how Game of Thrones ended, or any of the million other things, trivial and non-trivial, that I wanted to do with the entire rest of my life? I had no idea. But the thought was like a shield, something I placed between the two of us and the bear.

I shifted the bear spray to my left hand, a palm sized rock to my right, and aimed, and threw the rock.

It hit the bear, and the animal pulled up short. I was sure that it looked surprised and hurt – not physically, but in an emotional sense, as if deeply indignant that I’d interrupted its fun, violated the rules that said that prey did not bite back.

I threw another rock, and then another, yelling “Get out of here!” The stones landed at its feet, and it shifted backwards. I crouched and grabbed another handful of rocks, and threw them. They peppered the area around the bear like shrapnel, and it looked from one side to the other, and turned.

We moved along the trail, which was leading us west, towards another grove of pines. Below us, the bear moved west as well, dropping towards the base of the little wood. The bear reached the trees and turned uphill, as if to cut us off when we reached the other side of the stand.

But the trail hitched east, and we went with it, far from the bear and the trees, rising with the contours of the mountain. By now it was so dim that all the detail of the landscape was lost. I didn’t want to look behind us, because if the bear was coming, we probably wouldn’t be able to tell. We wouldn’t be able to aim the bear spray, or rocks. Would we even hear the thing coming?

We continued up and up and up until we crested the top of the pass. I peered back down along the open expanse of the slope, several hundred feet down to the pines where we’d last seen the bear. Nothing seemed to be moving.

“Can I tie my shoes now?” Amanda asked.

Below us on one side of the pass was the camp. Between us and the camp was the bear. We didn’t know whether the bear was still following us. We had our day packs, which held warm layers, water, water purification, a GPS, and our headlamps. The car was six miles away, at the trailhead, which would require traversing another big drainage that was not necessarily bear-free.

We headed downhill on the other side of the pass in instant unspoken consensus, pulling out our headlamps as we went. The light kept us on the trail, but Amanda’s headlamp, which she’d bought for long marathon training runs during dark winter afternoons in Boston, was blindingly bright, and it threw wild shadows with every step.

Shadows, when you’ve recently been chased by a bear, all look like bears.

More than once as we came down the pass, I was sure that I saw it coming after us, only to realize that the pursuing bear was the shifting shape of a pine or a boulder as our headlamp beams flashed across it. We stumbled down the trail, finally reaching a clearing at the bottom of the pass. Everything was still and quiet.

We were both overheated, our mouths parched, symptoms of the adrenaline. We paused for water and a brief discussion, quickly resolved. Neither of us wanted to stay out. We went on towards the car, talking in low voices, caught between the knowledge that the bear behind us was not intimidated by human voices, and the thought that any other bears out there in the dark might be.

We went through lists of what each of us was supposed to tell friends and family if only one of us survived.

“Tell Mom and Dad that I love them,” Amanda said, “And tell Michael I’m really sorry I didn’t listen to him.”

“About what?”

“About the bears. He was right about the bears.”

We talked about wedding planning, every time we approached a bend in the trail, all the details that Amanda had come out here to escape – guestlist, play lists for dancing, the entire menu, dresses, flower arrangements, plans for a bachelorette 5k once I got back to Boston – just to have something to say, to forewarn any bear around the corner that we were coming. We talked about books, and movies, and TV shows, and friends. We brought up the same subjects multiple times. I assiduously avoided the subject that repeatedly jostled to the forefront of my thoughts: the fact that black bears that turn predatory will stalk humans, persistently, until they catch and eat their prey. I didn’t think Amanda needed to know that while we were still out in the open.

We skittered along the miles back to the trailhead, the night vivid with stars and fear. Overhead, the Milky Way arced above the valley, and we moved beneath it, our headlamps dim earthbound stars, rocks in one hand, fingers of the other hand resting lightly on the triggers of our cans of bear spray. To the north, Ursa Major stalked the sky, the ever-present Great Bear, watching us, inescapable.

At dusk the next evening, I crested the pass again, this time on horseback. The large carnivore management specialist for Wyoming Game and Fish rode beside me, leading a packhorse. We started down the slope towards our abandoned campsite, on the same trail Amanda and I had traversed in such fear 24 hours ago. I was tense, scanning the surrounding landscape for signs of the bear. The evening stillness felt sinister as we reached the hollow where the tent sat, seemingly undisturbed. As we dismounted, though, I spotted my sleeping bag twenty feet downslope, lying crumpled like something dead. The carnivore management guy – his name was Sam – pulled a rifle from his saddlebag. For the thousandth time that day, my emotions ricocheted between sadness and anger.

Amanda and I had spent a cold and uncomfortable night huddled in the front seats of my little car, which we couldn’t drive down the dicey Forest Service access road in the dark. At dawn, we drove out to Driggs. Our phones were still up on the mountain, in the tent, and Amanda’s blisters meant that we couldn’t hike back in, even if we hadn’t been concerned about running into the bear again. We pondered our options, and eventually I remembered that I had a satellite phone in my backpack. I’d briefly recalled this fact when we were up on the pass, but I hadn’t wanted to take the time to use it when we weren’t sure whether the bear was still chasing us. It had slipped my mind in the weariness of the hours since.

I hesitated before I made the call. The bear had chased us, and it had seemed like a dangerous situation, but had we done anything to provoke the animal? Should we have stood our ground at the tent and sprayed it, regardless of the wind, regardless of not knowing what kind of bear it was? By leaving the tent, had we made ourselves seem like prey? By escaping over the pass without spraying it, had we missed an opportunity to teach it a lesson? What if the fires had driven it up the mountain, hungry and crazy and confused? What if it had just been a curious young bear trying to figure out what we were? I hated that damn bear for scaring us, for chasing us, but what did I really know about its intent?

On the other hand, it had never stood up on two legs, as curious bears do. It had stayed on all fours, and come at us without hesitation. We’d yelled, we’d thrown rocks, and it had continued to come after us.

I made the call, and by early afternoon, the director of the Wolverine Winter Recreation Project had called in Game and Fish. They deemed the bear’s behavior worrying enough that they wanted to send someone in with me to retrieve our gear. I wasn’t naïve; I knew that this person would come with a loaded gun, and that by reporting the incident, we’d probably condemned the bear.

As I waited for the Game and Fish guy, I wrestled with an overwhelming sense of guilt and grief over the fact that this bear’s interaction with us could cost it its life even though it had no understanding of the rules humans had established in regards to bear behavior. And then, balanced against that guilt, was a visceral animosity towards this particular animal, the resolution that if we did shoot it, I wanted its skull and its pelt to give to Amanda and Michael as a magnificent, barbaric wedding gift.

We started late – it takes some time to round up horses and haul them over Teton Pass – and the last of the sunlight receded up the slopes in front of us as we rode up the valley. Game and Fish had only three horses available, which meant that Amanda was staying in Driggs with wolverine biologist Jeff Copeland and his two dogs, Kilo and Mac. As we drew closer to the pass, I kept rehashing the whole incident, wondering if we’d done the right thing in moving away from the tent when we first saw the bear, in not using the bear spray, in abandoning the camp, wondering what the bear had really been thinking.

I hope it’s gone. And then, ten seconds later, I want it dead! Over and over again.

I saw its face, in the one glimpse I’d caught of it, when it was so close – the eyes, the half-open mouth, the indignant way it had huffed and stopped when the rock had hit it, the slyness of its retreat towards those trees, where, I was convinced, it had thought it could catch us as we rounded the slope.

That strange thought that had lodged in my head as I threw the rocks returned: We’re two things, not one. Had it been a repudiation of the bear’s perceived intent to incorporate us into its being by eating us? Or was it a recognition of the limits of the idealistic notion of oneness with nature, of immersive empathy with animals? Was it a failure of one of the foundations of my own dearly cherished narrative of the world and myself in that world?

At the campsite, we circled the tent, Sam with the rifle ready, my fingers resting on the bear spray on my belt. Although the tent was standing and looked undisturbed from the front, the back was a mess. The bear had sliced open the fly and back wall, pulled out my backpack and my sleeping bag, and tossed them aside. Then, apparently, it had lain down inside the tent, where it chewed my camping mattress into pieces and shredded the tent floor. Amanda’s things – backpack, sleeping bag, mattress – were untouched, except for her camp sandals, lying in front of the tent where she’d kicked them off. These the bear had chewed; they were punctured by numerous canine marks. Next to her sandals was a disgusting piece of wadded, muddy fabric. I pulled it out of the dirt and shook it out. It was the liner sock she’d taken off when she rebandaged her blisters, and had tossed to one side when she’d frantically pulled on her hiking boots. The sock had evidently spent some time inside the bear’s mouth, and the bloody heel had been chewed out.

“Did it get any food?” Sam asked.

“Not unless it got into the bear canisters somehow,” I said. Did a bloody sock count as a food reward? It was too creepy a question to articulate. And again, the guilt – the poor animal must have been incredibly hungry, to take the time to chew out the bloody heel of a sock. I shoved the liner into Amanda’s backpack.

The bear canisters were where we’d left them, undisturbed. We packed up the camp and loaded the backpacks onto the third horse without any sign of the bear. It was too dark to check for tracks to verify that it was a black bear, so that question remained unresolved.

It was nearly two in the morning when we finally got back to Driggs. I was too tired even to feel dismayed at the destruction of the camping gear that was so essential to my work on two continents. But I wasn’t too tired to recognize that, in the deepest part of my heart, I was glad that the bear had been gone when we got there.

The next day, we were at a friends’ house in Jackson, relaxing in the disorienting comfort of solid walls, hot water, and real food, when Amanda came in from their front yard waving her left hiking boot.

“Seriously, look at this,” she said, shoving it towards me.

There was an enormous chunk missing from the tongue of the boot.

“I saw it yesterday and thought maybe a mouse did it, back in Massachusetts, but I would have noticed that when I was wearing them. Right?”

We examined the boot more closely. The missing piece from the tongue was suspiciously similar in size and shape to a bear’s mouth. There was a canine puncture mark exactly where a canine would be. And as we looked at both boots, more canine marks and damage became evident. We went through our photos, found pictures that we’d taken during the surveys a few hours before the bear. In the photos, the boot was intact.

The bear had been in our camp, chewing on my sister’s boots, while we were over the ridge having dinner. We’d scared it off when we returned to the tent – I vaguely remembered Amanda righting her overturned boots when we got back. But then the bear had returned. For us, or for the boots, or for what, I didn’t know. We joked that he’d chased us because Amanda was wearing the boot that he wanted to snack on. We joked that he had a foot fetish. We told the story to the friends with whom we were staying, one of Amanda’s college classmates and his wife.

“If we didn’t know you two,” he said, “I’d totally think you were making this up.”

His wife, who works with Search and Rescue, said, “I’m glad that we didn’t have to go in there looking for you after not hearing from you for a few days.” Unspoken was the subtext: I’m glad we didn’t have to go retrieve your half-devoured remains. This was not a theoretical situation for her. She’d found such remains before.

In the days that followed, we joked about the situation more and more. Every time I thought about the things that hadn’t happened – What if it had waited five minutes and we’d been in the tent when it came into the camp? What if it hadn’t stopped when I’d hit it? What if it had chased us out? What if we’d used the bearspray and it kept coming and got us? What if something had happened to Amanda? – I’d counterbalance it by attributing silly motives to the bear. It was a way of re-processing the experience, alchemizing it from something frightening to something locked within the framework of a humorous story. It was a way of bringing that bear under our control.

But the bear was never under our control. The bear, before we encountered it, during the encounter, after the encounter – it was always its own bear. It was an unknowable quantity, and therefore troubling. The opacity of its intent was the source of the conflict I felt in the wake of the encounter.

For an entire month after the incident, I refused to allow myself to write about it. I wanted to let that tug-of-war between sympathy and terror play out, to assess whether the encounter would leave me afraid.

Fear is a tricky thing. I’m afraid of certain things, but those fears – of needles, of wasps, of having to deal with people who are severely bleeding, of crossing high rivers on horseback – are not the sorts of fears that dictate or reflect an orientation towards the world. They are little fears, almost quaint, easily dealt with.

Fear of carnivores is different.Yes, it can coalesce around a particular encounter, but there’s a more generalized narrative of fear around predators. Sometimes this is a narrative of individual phobia – referred to among outdoors-y wordsmiths as “bearanoia” – which makes a person fearful about going out into the wilderness, turning the landscape into a perpetually hostile and risky place. Caution is one thing – no one goes into bear country without being cautious. But to be afraid is to hamstring yourself, to cede all enjoyment of the outdoors to imagined catastrophe. This is the thing I was worried about, because the wild plays too great a role in my life for me to be afraid of it.

Fear of carnivores has another dimension, too, though. Those of us who do research on carnivores, who celebrate their return to landscapes from which our ancestors eradicated them in decades long past, are frequently faced with a countervailing narrative of dominion over nature, a story focused on the right of humans to use resources for personal profit without regard to the broader environmental or social costs. In this narrative, carnivores are an impediment to the free pursuit of profit – a threat to life and property, a nuisance to be removed or even extirpated so that humans are never inconvenienced. This narrative frequently employs fear as a justification for human entitlement, and it has both personal meaning to those who hold it, and broader socio-political manifestations. Dominionistic worldviews make no allowance for the individuality or sentience of wildlife, let alone the long-term interests of a species.

To counter this tired but persistent story, wildlife advocates, enthusiasts, and many researchers perpetually construct an argument – sometimes explicit, sometimes in subtext – about the ways in which humans and animals are alike, about shared qualities of concern for mates, for young, for the persistence and well-being of the species, for the need for intact habitat. We identify with them, we consider their home to be our home, we argue that they are moral in their behavior, or that our interactions with and understanding of them reflect something about our own morality. We create compelling tales of heroic individuals – Grizzly 399, the great mother bear of the Tetons; Wolverine M56, the traveler from Wyoming to Colorado to South Dakota; the original wolves of the Yellowstone reintroduction, all known to wolf-lovers by number and pack. We believe that we are giving these animals a voice and bringing them into a community of personhood. And implicit in all of our stories is an argument against fear, because the line from fear to intolerance is clear.

I spend much of my life, day to day, word by word, thought by thought, building and celebrating narratives about the unity between humans and animals, humans and nature. Fear is a cancer to the ability to love in this particular way (probably in any way), and it was a disease that I didn’t want.

But love and empathy have hard limits. That was the thing I’d run up against in the final moments of the confrontation with the bear. I wanted to be like the Buddha in the Jataka story about the starving tigress, unafraid to recognize the needs and the karma of a wild animal as equivalent to my own, enlightened and empathetic even to the point of self-sacrifice. Does this sound crazy? Probably. And in any case, I was, in the end, the antithesis of enlightened and empathetic. When we walked away from the tent, I wanted to let the bear do its bear thing, even at the cost of our gear. When the bear came after us, our relationship to each other abruptly shifted. We were no longer one thing, with one interest, the seamless continuity of human and animal, the seamless functioning of “nature.” We were two different things. My sister and I were humans. The bear was a bear. There was no unity, no shared interest, no empathy, no love, no kindness, no wonder, no awe, and no mercy. For those few minutes, we were adversaries, and that was all.

A month later, nearly to the day, I began to write. By then I knew that I wasn’t afraid. That bear was probably a bad bear, with bad intentions. It had probably gotten food from people before, and understood that bullying might lead to a meal. But an encounter with a bad individual of any group is hardly a reason to judge or go in fear of the entire group (see also: humans, for which I still feel overwhelming love despite consistent terrible behavior by terrible individuals). The lessons that I took from the encounter were not about staying out of the wilderness; they were about the importance of being prepared. I’d been through bear training, I knew how to use bear spray, I knew to store food and keep the campsite clean, I’d had hundreds of conversations about bear behavior and how other people dealt with bear encounters. In the moment, I didn’t panic. I was scared – I would even go so far as to say terrified, briefly – but I didn’t panic. We dealt with the situation. We got out. We had good friends who helped us out in the aftermath, and a good agency that responded immediately, and that put their resources towards helping us retrieve our gear. Amanda and I went back to Massachusetts, we ran Amanda’s bachelorette 5k (I PR-ed, Amanda won the race: bachelorette bear power!), and Amanda and Michael said their vows at a beautiful country inn in Vermont, which was located along a road with signs cautioning motorists about bear crossings. We told the story of the bear to a lot of people, and they were suitably astonished at the adventure, and I took care to tell them that they shouldn’t be afraid, but prepared, because we are sharing our world with carnivores now and fear is not a way to live. And every time I told the story, I hated that damn bear, but bit by bit, piece by piece, word by word, in spite of our separateness, I loved bears again a little more too.

The great part of being out on wolverine surveys

The great part of being out on wolverine surveys

 

The post-bear tent

The post-bear tent

Inside the tent.

Inside the tent.

Amanda's reunion with her camp shoes and liner sock.

Amanda’s reunion with her sandals and liner sock.

The bitten boot.

The bitten boot.

Afterword:

In writing this, I wanted to convey the intensity of encountering a large predator, and the specifics of what was going through my mind as I dealt with the situation. As a writer, my job is to tell a good story, with a dramatic arc that the audience is compelled enough to follow to the end. The elements that one chooses, as a writer, are inherently the most dramatic and striking. Everything in this post is true and accurate to the best of my memory, including the weird and somewhat inappropriately intellectual reflections that were going through my head as I chucked rocks at the bear. 

In telling this story, however, it’s important to remember that the story itself is about my perceptions, and doesn’t reflect an absolute measure of how dangerous the bear actually was. In other words, I don’t want people to read this and take away from it the idea that bears are scary and you need to stay out of the woods. I’ve had many previous black bear encounters and none of them ever went so badly wrong; in all other cases, the bears ran off. Do I think this bear was dangerous? Probably. Most bears are, potentially. But was it a human-stalking killer? Probably not – it didn’t follow us over the pass, and in the end, it was more interested in wrecking our stuff than chasing us. Bears are potentially dangerous. Be careful out there. But – at the risk of belaboring this point – don’t be scared. 

Being prepared for these situations is important. I took two specific lessons from our encounter. One: I knew how to use bear spray, and I’d even test-sprayed an old can, just to see what it felt like. Nevertheless, in the encounter, I went through an intense few minutes of feeling reluctant to use the bear spray. Part of the reluctance had to do with the wind, and part of it to do with that screaming instinct to not let the bear get closer, and part of it with a weird concern that if I used the bear spray and it somehow didn’t work, my means of defense were gone. But bear spray works at distances of 25 or 30 feet, and the propellant is strong enough to carry it forward through breezy conditions (although maybe not the kind of wind we were dealing with). It’s designed to create a cloud, almost like a wall of pepper, that the bear runs into. You are going to get some pepper up your nose no matter what, so be prepared for that. But use it. It’s far more effective than bullets, and it’s definitely more effective than running, which will get you killed. (Throwing rocks is also a good defense, as it turns out, if it’s a black bear – which I think this was.) Montana Fish Wildlife and Parks, the Forest Service, and other agencies, and some outdoor stores, have practice cans of pepper-less bear spray that you can use to get a feel for how the spray works. Take advantage of this so that you know what you’re doing and feel secure with using it. 

Two: my sister has visited me in Montana and Wyoming in the past, and I’ve loaned her bear spray and explained how it works. I’m so used to carrying it that I figured she’d also retain familiarity with it from past visits. We didn’t review how to use it again. We should have. If you have guests who are not familiar with bear spray, or have been instructed in the past but are from places where they don’t usually carry it, review how to use it. Amanda has said that she “didn’t feel particularly brave” in the encounter, but she also wasn’t confident in the means to defend herself, and that was my responsibility. (Amanda, who, with most of the rest of my family and a number of friends, was a block from the finish line of the Boston Marathon when the bombs went off in 2013, and who has found herself at the center of assisting several people in medical crisis, is habitually brave. Ask anyone who knows her.)

Other things that I’ve thought about: Normally it’s probably not the best idea to go hiking around a bear-inhabited area in the middle of the night. The decision to go back to the car was made solely on the basis of the fact that we knew for sure that there was a badly-behaved bear behind us, and we weren’t sure how far behind us. It’s not something I would have done under any other circumstance.

I was glad that I always carry my car key in a zipped inner pocket of my hiking pants. I had it on me. That worked out well. 

It was cold in the car. I happened to have my down jacket and pants in the car, and a sleeping bag liner that I’d left when sorting through my camping gear. My sister also had her sleeping bag liner in the car. It’s not a bad idea to keep emergency gear in the car. Because emergencies happen. 

It was incredibly fortunate that the bear didn’t come after us while we were eating, with the bear canisters open. It was incredibly fortunate that we’d been super-conscientious about putting every bear attractant into those canisters. Bear canisters are heavy, bulky, and kind of awkward, but worth it. Carry them. Even when you’re not required to do so. 

Wyoming Game and Fish were great. In reporting the incident, I figured that they would simply take note and let us go on our way to retrieve our things. I didn’t realize I’d get a horse and an armed escort on the gear retrieval. Many thanks to them for their assistance, and to Sam for his patience with my Mongolian-style horse-riding (read: American horses are huge, and the tack is confusingly different, so when I said I knew how to ride a horse, what I should have said was, “I know how to ride short Mongolian horses.”)

Finally, big thanks as well to Jeff Copeland, who took us in and let us use his phone and stay at his place when we weren’t sure where to go immediately after we got out, and to Jona and Jess King (and Ruthie!) for the hospitality, hikes, and patience with endless rehashing of the bear story. You guys are the best. 

 

 

 

Wolverine Talk in Island Park, Idaho

For anyone in the Yellowstone ecosystem, I’ll be giving a talk next Wednesday, August 3rd, at the Nature Conservancy’s Flat Ranch in Island Park, Idaho. The talk starts at 7 pm and will cover basic wolverine ecology, with a focus on wolverines in the GYE and the US Rockies, and a bit about wolverines in Mongolia. There will be a Q&A session, so bring your burning questions about wolverines.

You can get directions to the Flat Ranch here.

Hope to see you there!

The End of a Journey: Colorado Wolverine Killed in North Dakota

A couple of weeks ago, a wolverine was killed in North Dakota by a ranch hand who came across it, surrounded by cattle. He believed that the animal was a threat to his calves, even though he wasn’t sure what it was, and shot it. The North Dakota Department of Game and Fish confirmed the ID and took possession of the body for a necropsy and DNA testing. Articles about the incident, and the animal’s possible origins, have popped up over the past week, and I was in the process of writing a post about this incident, and how interested I was in the results of the DNA testing and the origins of this wolverine, when NDG&F released an update containing surprising news: the wolverine was carrying a radio transmitter. That transmitter belonged to an animal instrumented in Wyoming in 2008, and whose “last known location was Colorado in 2012.”

This leaves little doubt that the animal was M56, the wolverine who gained fame in 2009 when he traveled 500 miles from northern Wyoming to Colorado. He became the first verified wolverine in Colorado in 90 years. Colorado Parks and Wildlife tracked him until his instruments died, as he traveled up and down the length of the Colorado Rockies. He was spotted and photographed by hikers on several occasions, and prompted widespread interest in the idea of reintroducing wolverines to Colorado. I cannot enumerate the emails I’ve gotten from elementary school classes across the country wanting to know more about M56, where he is now, and what he’s doing. In fact, I answered such an email this morning, to a third grade class in Ohio, sending along cheerful speculations about how he was probably still alive and wandering around the Rockies. He was a genuinely famous wolverine, people were inspired by his story, and I’m caught between astonishment that he had gone all the way to North Dakota – North Dakota! – and sadness at his end.

I tracked this guy shortly after he was caught and instrumented, off Togwotee Pass in Wyoming, in early 2009. Once I took my sister, who was in town for a visit, and once I went by myself. I didn’t find his tracks, and the days were still too short for extensive trips, but I could hear him on the telemetry receiver, the slow, steady, tick….tick of the transmitter both soothing and exhilarating in the snowbound forest. I had no idea what he would go on to do, but I loved him even then simply for being out there, for his presence on the landscape, which, even before his tremendous journeys, seemed huge.

We lost track of him for a while, and then he was picked up traveling south down the spine of the Wind River Range in central Wyoming. We thought he’d stick there, but then he disappeared again. At that point, we began speculating – what if he kept going south, to Colorado? The speculation was half-joking, half hopeful. It picked up steam and tipped towards hopeful when he was spotted outside of Laramie by a rancher who saw him and called Game and Fish to report it. A flight ID-ed him. I remember thinking that I sort of loved that rancher, too, for calling the animal in, for being an ally of science and understanding and coexistence. His decision kept the story alive.

M56 crossed into Colorado in May of 2009. His journey coincided with the start of my work in Mongolia, and those two events catalyzed the founding of this blog. He made it clear that these animals had stories unlike the stories of other animals, at a scale that corresponded to my own interests. M56 made me realize that there was something to write about here, a compelling narrative, and his was the first story that I told.

I have an aversion to letting my emotions get the better of me, but it’s hard not to admit to grief over M56’s end. It’s extraordinary that he went from Wyoming to Colorado to (probably, since he was so close to the border) Montana to North Dakota – and who knows where else in between? Unknown animals die unmourned all the time, so it shouldn’t matter. But storied wolverines…they are rare, and they hint to us of all the wild and unseen and amazing lives that go on beyond our awareness. That’s something worth thinking about. So take a moment to remember M56, to consider his life, and those unknown lives, and what it means to have them out there. It means more than I can express, probably more than any of us can express – but let us keep trying.

 

 

 

Wolverine Decision Ruled “Arbitrary and Capricious”

Judge Dana Christensen issued a ruling today finding the USFWS 2014 decision to withdraw the proposed wolverine listing rule “arbitrary and capricious.” His ruling vacates the decision and remands it to the USFWS. This means that the decision not to list is overturned, and the federal government must reconsider the science and issue a new decision. The court ruling does not require the USFWS to grant wolverines protected status under the Endangered Species Act, but it does find that the USFWS discounted the best available science and applied unnecessarily stringent standards of scientific certainty and precision in reaching the decision not to list.

I’ll get into some analysis in a future post. This decision came out fast, months ahead of what I anticipated, and so I haven’t even had a chance to publish the posts I was working on about the original scientific arguments for and against listing – so I have some catching up to do. In the meantime, the gist of the 85-page decision is summarized in Judge Christensen’s conclusion, for which I think he deserves a heartfelt thanks from future generations of wildlife enthusiasts who might value the opportunity to see wolverines and other climate-sensitive wildlife in the Rockies:

The Service erred when it determined: (1) that climate change and projected
spring snow cover would not impact the wolverine at the reproductive denning
scale in the foreseeable future, and (2) that small population size and low genetic
diversity do not pose an independent threat to wolverine viability in the United
States. By incorporating these determinations into the Withdrawal, the Service’s
decision against listing the wolverine as threatened under the ESA is arbitrary and
capricious. No greater level of certainty is needed to see the writing on the wall
for this snow-dependent species standing squarely in the path of global climate
change. It has taken us twenty years to get to this point. It is the undersigned’s
view that if there is one thing required of the Service under the ESA, it is to take
action at the earliest possible, defensible point in time to protect against the loss of
biodiversity within our reach as a nation. For the wolverine, that time is now.

The document is worth reading in its entirety, so I’m posting it here in .pdf format: Wolverine Ruling 2016.

The decision is detailed, but very readable, and contains a number of statements that made me exclaim out loud and sit up straighter – if you want a concise but thorough understanding of what was going on over the course of the writing of the proposed rule, the evaluation of the science, and the reversal, this is good reading. And those 85 pages are double spaced, so it goes pretty quickly. Enjoy!

Science Goes to Court

On February 9th, the US district court in Missoula, Montana heard oral arguments in the case challenging the 2014 USFWS decision not to list wolverines. The Missoulian published an article about the hearing, and it’s a pretty good outline, but since I was in the courtroom, I’m sharing my impressions and a more detailed synopsis as well. I’ll focus here on conveying what happened, and will share my own analysis later. I do have  opinions about the debate around the science, and those will probably come through, but I will explain my reasoning and, I hope, convince readers as to why that reasoning is sound, in a subsequent post.

First, a bit of background: Back in August of 2014, the USFWS abruptly reversed course following a 2013 proposed listing rule (Proposed Wolverine Rule), and issued a decision not to list the wolverine as threatened under the ESA. A leaked memo (Region_6_Wolverine_Memo_5-30-14) revealed that the reversal seemed to be the result of the opinion of the assistant regional director of region six, in contradiction of a process of several years that found that wolverines were warranted for protection and should be listed. Environmental advocacy groups sued, charging that the decision was “arbitrary and capricious,” and contending that the decision should be thrown out. The defendants included the USFWS, and a number of parties referred to as “defendant-intervenors.” In this case, these parties included the states of Idaho, Wyoming, and Montana; Montana Fish, Wildlife, and Parks; state farm bureaus; several snowmobile associations; and – perplexingly- the American Petroleum Institute and the Montana Petroleum Institute.

To show that the decision not to list was in fact arbitrary and capricious, the plaintiffs had to prove that the reversal was not based on any sound scientific evidence, but rather on whims or machinations outside the bounds of the “best available science,” the standard tool used to determine whether a species warrants protection.

The notion of best available science is tricky. The ESA did not define it when the Act was written, and a definition added by amendment in 2005 – “…scientific data, regardless of source, that are available to the Secretary at the time of a decision or action for which such data are required by this Act and that the Secretary determines are the most accurate, reliable, and relevant for use in that decision or action.” – provoked ire from people who thought that it opened science to politicization by granting a government official the authority to decide what science counts and what doesn’t. This doesn’t even begin to touch on the larger debate about whether our process is effective for incorporating science into policy at all, or the even vaster debate, within the social sciences, about whether science that strives for neutrality is actually a practice of collective cultural self-delusion. Obviously, figuring out what defines good science is a complex issue.

Regardless, the question of best available science has plagued the latest round of the wolverine listing debate, just as the lack of scientific data plagued earlier rounds. The USFWS’ original proposed rule to list, like all such proposed rules, was subject to peer review. During this process, two out of the five researchers who were invited to submit opinions disagreed with the USFWS’ analysis of the science on the relationship between wolverine denning and late spring snowpack, and the models that projected decline in snowpack in wolverine range within the coming century. This dissent provoked an avalanche of further analysis and debate, which included, among other things, expert panels on climate modeling, rancorous attacks on various scientists and scientific institutions, the construction by the states of some fairly shaky arguments about wolverine population trends, and the sudden appearance on the scene of high-powered energy players with – we can speculate – a distinct interest in preventing the listing of a charismatic climate-sensitive carnivore. Months went by. The expert panel concluded that the climate modeling was sound. The decision looked like it would go forward. Then came the reversal; the leaked memo; a letter from the states commending the decision not to list but reiterating flawed arguments about what the science actually says; and the lawsuit.

The major scientific debates in this case – the points that were contended and argued over in the expert reviews, the letters, the memos, and the public forum – can be summarized as follows:

  1. What is the relationship between wolverines and snow, especially spring snowpack?
  2. What is the wolverine population trend in the US Rockies?
  3. Is genetic depression potentially a problem for wolverines?
  4. Are the climate models used to predict reduction in snowpack in the Rockies adequate, both scientifically, and as a justification to list?

The three papers most at issue in this discussion are Copeland et al 2010, which deals with the relationship between wolverines, late spring snow, and low summer temperatures; McKelvey et al 2011, which deals with projected retractions in wolverine habitat and dispersal corridors over the coming century; and Aubry et al 2007 (aubrywolverinedistribution), which deals with the historic and current range of wolverines. I’ve discussed these papers elsewhere on this blog and will dive back into them in subsequent posts, but for now, if you want to review them, there they are.

And thus we come to Missoula on Tuesday morning, February 9th, at 9:30 am. The courthouse gallery was packed – the lady who signed me in and gave me my visitor tag told me that there were at least 50 people, and opined that there were “a lot of people interested in wolverines.” There were also a lot of attorneys, arrayed around their tables facing the judge’s seat – Tim Preso of Defenders of Wildlife and Matthew Bishop of Wild Earth Guardians for the plaintiffs, and the USFWS attorney and the assortment of lawyers for the defendant-intervenors.

Judge Dana Christensen began the proceedings by recounting, with articulate and detailed enthusiasm, his three encounters with wolverines in the wild, and segued into expressing his familiarity with the case, the briefs, and the wider issues at stake. He discussed the prior listing petitions and their outcomes. He mentioned having read Doug Chadwick’s book about the Glacier Park project, and said that he understood from the book that, “The folks who are committed to gathering the science are dedicated…I’ve concluded that this is a hard species to study, and it’s not surprising that we don’t know how many there are….or the exact data about their response to climate change.” Wolverines are a pretty obscure topic and it would have been easy to end up with a judge who didn’t even know what they were. Judge Christensen was admirably well-informed.

The plaintiffs opened by invoking the concept of best available science, and putting forth the argument that the papers used to justify the original listing rule – namely, Copeland et al. 2010 and McKelvey et al. 2011 – were subjected to criticism and then discounted on the basis of speculation rather than definite scientific evidence that they were flawed or incorrect. These two papers have been at the crux of all of the debates, and most of the criticism lobbed at them has had to do with lack of precision rather than lack of broad accuracy. Preso invoked a 2009 case, Tuscon Herpetological Society vs. Salazar, which determined that the government cannot dismiss threats to a species based on inconclusive science. As he stated again and again, in numerous ways, “The ESA does not demand perfect science – it demands the best available science.”

Preso also spent some time on the USFWS’ assumptions about population growth, and the flawed reasoning of relying on Aubry et al 2007 to justify the idea that the population would continue to grow. He argued that the USFWS and its attendant intervenors were conflating range expansion with population growth, and that there was no evidence that the population is growing. He highlighted the dangers of assuming that increased sightings of wolverines indicates that the wolverine population is increasing, mentioning that it was not surprising to see that wolverine sightings had been substantially higher during the years of a wolverine research study than in the years when the study was not operating.

Connectivity and genetics also received attention. Preso argued that connectivity problems should have been considered a primary rather than a secondary threat, referencing the lack of apparent connectivity between wolverines in the contiguous US and wolverines in Canada. The judge questioned this, and Preso responded with the published information that suggests that the trans-Canada highway and Canada’s trapping management regime do serve as effective barriers to free genetic exchange with wolverines in the US Rockies. From here, he ventured into a discussion about widely-accepted biological rules about the problems with inbreeding and genetic bottlenecking, and suggested that these rules most likely apply to wolverines as well. He was referring specifically to the so-called 50/500 rule, which states that a minimum effective (breeding individuals only) population of 50 individuals is needed to insure population survival over the short term, and 500 are needed over the long term. The current effective population of wolverines in the US Rockies is estimated, based on genetics, to be between 25 and 50.

Preso’s next theme was climate change, and the criticisms made of the Copeland et al 2010 paper. The judge asked several questions as Preso launched into his defense of the paper, the first about whether or not there was any published information to contradict either Copeland or McKelvey (Preso: “No.” Judge Christensen: “So it’s basically just criticism….”) Later, as Preso continued to explore the issues around McKelvey et al. 2011 and the question of the scale of the modelling, and stated that, “We know that wolverines are snow-obligate – ” the judge interrupted and said, “That’s a given in this case, so the question is, do we need to know exactly why?”

There was some discussion about another case that had to do with abrupt changes in decisions, which the judge brought up in order to ask whether Preso wanted to rely on this case for precedent; Preso said no and brought the discussion back to the Tuscon Herpetological case. The judge went on to affirm that this was a case about “change in policy needing to be based on good reasoning and logic.”

Preso also spent some time reiterating that California and Colorado, with single male wolverines in each state, should not count as inhabited range. He brought up the fact that some of the estimates of available habitat included habitat in these states, and that that habitat should be removed from analysis because it was not relevant to the population in the US Rockies or the Cascades.

At the end of Preso’s arguments, the judge asked him what he wanted the court to do, and Preso replied that he wanted the judge to apply the arbitrary-and-capricious standard and set aside the rule, remand the decision, and “wait and see what will happen.”

Matthew Bishop then spoke, and in some senses he seemed to contradict Preso’s arguments about not considering uninhabited range as part of the analysis for listing. He made an argument that the retractions in range during historical time should in fact be taken into account in determining the degree of threat faced by wolverines. This discussion revolved around a specific provision of the ESA, and Bishop was arguing that this should be applied; I haven’t had time to research it, so I’ll leave this here for now. Bishop also mentioned genetic issues, and inadequacy of existing regulatory mechanisms (one of the categories of threat under the ESA). Like Preso, he stated that the best available science in this case had been ignored.

Then came the defendants’ turn to speak. Trent Crable was arguing for the USFWS, and stated that since climate change was ruled the major and only primary threat, the science regarding wolverines and climate change should be the only issue under consideration. The USFWS had found that McKelvey et al was not enough, on its own, to show threat in “the foreseeable future.”

The judge at this point asked whether there was any published research to contradict Copeland or McKelvey, and Crable responded, “If by published, you mean peer-reviewed, then no.” The judge then asked, “What then was Noreen Walsh [the region 6 assistant director] relying on in making her decision?”

Crable replied, “Her understanding of what is needed to list, and the report provided by Dr. Torbit, in consultation with Andrea Ray of NOAA, saying that the modeling was insufficient for us to know what will happen to wolverine habitat.” This was in reference to an internal study on downscaling of climate models that the USFWS requested after the expert review panel found that the the snow modeling in Copeland and McKelvey was adequate. I have not seen this report, but it is referenced in Walsh’s memo, and was the linchpin in justifying the reversal. Crable explained that the report highlighted difficulties in modeling what will happen with precipitation on local scales; he said that modeling temperature changes was comparatively easy, but that precipitation projections were much more difficult, implying that our ability to understand future snowfall is compromised.

The judge produced emails that seemed to suggest that Walsh had made the decision to reverse prior to the submission of the Torbit and Ray report, and asked several questions to try to clarify the timeline. Crable said that Walsh had probably seen earlier drafts and/or talked with Torbit, since they are colleagues. The judge asked whether other scientists within USFWS or beyond were given time to respond. I don’t recall a direct answer to this question, but the implied answer was no, and as the exchange continued, the judge said, “So the same people who were tasked with the listing rule were then tasked with coming up with the exact opposite decision? That must have been distressing, if not demoralizing.” Crable stated that it was not the “exact opposite view, just a different conclusion.”

At this point, Crable steered the discussion back to McKelvey, saying that although McKelvey represents sophisticated science, the question was whether that single paper was enough to list. The USFWS contended that it wasn’t because it doesn’t tell us what will happen to habitat in the future, which is the real issue. He then stated that the burden of proof is on the USFWS to show why a species should be listed, not why it shouldn’t be listed, and said, “This is the law for listing under section 4.”

Despite his contention that other arguments about secondary threats should not be at issue, population trend was a theme with both Crable and the other lawyers at his table. Most of their arguments relied on Aubry 2007, a paper about historic range; they were using this paper to build an argument that wolverines have recovered in the US Rockies following an early-20th-century extirpation. Crable did venture into discussing genetic diversity and the 50/500 rule, stating that this rule was difficult to demonstrate in reality and that “small population sizes don’t necessarily mean that there is a threat,” and – again, drawing presumably on Aubry – “Population size is probably not substantially lower than prior to European colonization.”

I found the breadth of assumption in this statement so astonishing that I was scribbling notes and missed the exact flow of the next few moments of argument, but soon thereafter, the issue of trapping was raised. Montana maintained a trapping season – at first unlimited and then, after 2008, much more carefully managed – until it was shut down by court order several years ago, pending the listing decision. Crable said that “no trapping of wolverines is allowed,” in response to a line of discussion about the potential effects of trapping on the population. The judge said that he understood that the closure was the result of a court order, and Crable confirmed this, but said that the court order was lifted and that trapping had not resumed.

This was the conclusion of Crable’s argument, and he took a seat, while the lawyer from Wyoming, whose name was Peterson, stood up to speak for the states of Wyoming, Idaho, and Montana. He talked about the environmentalists using whatever means necessary in “attempting to achieve their goal, which is listing the wolverine.” He argued an equivalence in uncertainty over population growth and the uncertainty in Copeland and McKelvey, saying that “environmentalists” were applying a double standard by invoking lack of evidence of population growth to justify listing, while ignoring uncertainty in Copeland and McKelvey that suggested that wolverines might not be threatened. He said that it was the responsibility of the USFWS to decide what represented an acceptable level of uncertainty for a particular decision. “At heart,” he said, “This is about a difference of opinion” – again, neatly implying a scientific equivalence between the two sides of the discussion.

Peterson brought up the fact that wolverines had been extirpated and then rebounded over the past century as evidence of population growth, in spite of a continuing trapping season, and then said that “there was no trapping when the decision was made,” reiterating Crable’s implication that trapping was not something to worry about. Here, Judge Christensen interjected, bringing up emails sent by the USFWS about potential reactions by various parties to the reversal of the decision to list. Among these, the section about the reaction of the states proclaimed that they were unlikely to object, since “many of the arguments for the withdrawal of the listing decision originated with the states.” The email also clearly said that Montana intended to reopen the trapping season. The judge questioned the intent of the states. Peterson quickly deferred to the lawyer for Montana, who stood up and stated that “We’d like to keep a limited and carefully controlled trapping season on the table.”

The states took a seat, and the lawyer for the “non-government defendant intervenors,” a coalition representing farm bureaus and snowmobile associations, took his turn at the podium. This was by far the wackiest segment of the hearing, because the lawyer, Blevins, argued that wolverines in the US Rockies should not be considered a listable entity since they are a subspecies with conspecifics in Eurasia, and in order to list them, we would need to do a review of the global population. I’m going to let my bias out to play here and get it over with so I can focus on more relevant discussions in subsequent posts – this argument was ridiculous, but in light of who the lawyer was representing, the absurdity may have an explanation. As I understand it, he was attempting to get into the record a nitpicking dispute over semantic ambiguity in the ESA, which is certainly an object of almost totemic hatred among farm bureaus in the western US. I’m pretty sure I saw people of significant stature rolling their eyes when he stood up. During the rebuttal, Crable disavowed association with Blevins’ line of argument. Enough said.

Next up were the “energy intervenors,” the American Petroleum Institute, and the Montana Petroleum Institute. The lawyer for the Montana Petroleum Institute, D’Angelo, stood up to present the energy industry’s arguments, but before he could begin, the judge interjected to ask, “Please tell me why the American Petroleum Institute and the Montana Petroleum Institute have a dog in this fight?”

D’Angelo responded by citing concerns about restrictions on operating in wolverine habitat if the species is listed, and then quickly went on to state that the USWFS started with a conclusion that wolverines should be listed, and then backfit evidence to that conclusion.

The judge here interjected again to ask, “Where’s the evidence in the record? That’s a serious contention.”

D’Angelo brought up emails from Shawn Sartorius, who wrote the listing decision. In the courtroom, Sartorius was quoted as writing that “wolverines will have a proposed rule,” and D’Angelo argued that this was evidence that the USFWS was biased. Again, I’m going to get this out of the way by contextualizing where the lawyer failed to do so. I don’t know what was going on in Sartorius’ mind when he wrote that, but these emails were sent at a specific moment in the listing debate. In 2010, wolverines were deemed warranted-but-precluded, which meant that a scientific analysis found that there was justified evidence of a threat, but that the USWFS did not currently have the resources to list the species, particularly in light of more immediate and habitat-based threats facing other species. In essence, and perhaps with some defensible logic, the decision said that the resources of the agency should be applied to species who are threatened by something that the ESA is capable of dealing with (in situ habitat-based threats) rather than something that the ESA is not authorized to regulate (carbon emissions). A warranted-but-precluded ruling places a species in limbo, which can last for many years. Shortly after the 2010 wolverine decision, environmental groups sued over undecided ESA cases, including warranted-but-precluded decisions, and won an order that all of these cases had to be decided within a limited time frame. The wolverine was one of the first to go up for consideration. The McKelvey et al 2011 paper that is the object of so much dispute had entered the literature in the interim, but beyond that there was no new peer-reviewed science to consider. Since wolverines had already been found warranted for listing, and McKelvey added substantiation to the idea of threat, Sartorius’ emails at this point are less evidence of a nefarious plot to rig scientific data to fit a pre-ordained, agenda-based conclusion, and more a logical outgrowth of the fact that a very recent review of the science had reached a particular scientific conclusion that suggested that a listing rule would follow.

The judge didn’t get into any of this, he let the matter sit, and D’Angelo went on to assert that, “It’s not reasonable to dispute that the population is increasing….and projected to increase.” He referenced an Inman paper from 2013 and Aubry 2007 to back his claim, but the judge again began to question him, saying that, “Within the [proposed listing] rule, scientists disagree [about population trajectory], I can’t see where everyone agrees that population will increase forever – maybe you weren’t saying that?”

D’Angelo replied, “I wasn’t. I apologize.”

The judge said, “It sounded like you were.”

D’Angelo managed to recontextualize his argument and put some time scale boundaries on his contentions about population growth. He then ventured into a criticism of Copeland and the snow modeling, stating, among other arguments, that the obligate relationship between wolverines and snowpack was “on a denning scale,” and that “Copeland describes where wolverines are, not what they need.” He said that the authors on Copeland et al “drew a line around the wolverine population” and then backfit the snow data. He concluded by saying that the paper was good for predicting where wolverines are found, but not as a premise for the McKelvey paper, which relied on Copeland to model habitat loss.

With this, the defendants concluded, and the rebuttals began.

During the rebuttal, Preso talked about modeling and uncertainty, saying that McKelvey was not a stand-alone, that the expert panel convened by the USFWS agreed with him, and then said that the USFWS had in the past relied on the same kind of modeling to conclude that pikas were not warranted for listing – that decision stands. Preso stated, regarding the contention that Copeland shows where wolverines live but not what they require, that it was unreasonable to assume that wolverines were living in places that didn’t provide what they needed. He again talked about uncertainty in population trend, citing a number of studies including Inman 2013 to highlight the lack of any kind of evidence about current demographics. He reiterated the lack of connectivity with Canada, and said that the 50/500 rule was “basic biology” and that it should apply to wolverines. The judge briefly questioned him about the uncertainty in modelling precipitation versus the relative ease of modeling temperature. Bishop then spoke again, briefly, about the fact that trapping was “still on the table” by the admission of the lawyer for Montana. The judge sought some clarification about the concerns over trapping, saying that he understood that incidental take was a possible source of mortality on top of the prospect of a managed season, and Bishop confirmed this.

Crable then gave his rebuttal, drawing again on Aubry to contend that the population is increasing and will continue to do so. He said that decline in snowpack doesn’t mean that wolverines are threatened, nor does inbreeding or genetic depression, and that there was not enough evidence of any of it to warrant listing, He again came back to population growth, saying that “estimates have gone up in published literature,” that there was no evidence that the population was declining, and that – again – there were no grounds to list.

He then ventured into the trapping discussion, saying that Inman had argued at some point – I missed the paper reference – that trapping was not a problem and might even be good for the effective (breeding) population, “because if you take out a male and he’s replaced by multiple other males, it will increase the effective population.”

The judge intervened here and said, “I don’t suppose that you’re suggesting that we resume trapping in wolverine habitat to increase the population?”

Crable looked somewhat sheepish and said no, that wasn’t what he was suggesting.

He concluded by saying that this was not “a coin flip” between equally robust sets of evidence. He emphasized again that a single study (McKelvey) was not enough to justify the listing, and said, “just because they [the USFWS] said that there was another way to do this doesn’t mean it was a coin flip.”

With that, the hearing concluded. The judge stated that he had “a lot of work to do” on this decision. We will probably have to wait at least six months for a ruling.

Thoughts and comments welcome. Stay tuned for some analysis over the next week or so.