Groups sue on behalf of Utah fish

Three conservation groups have sued the U.S. Fish and Wildlife Service for not listing the Bonneville Cutthroat Trout as an endangered species.

The suit, filed in Denver, objects to the federal agency making a negative 12-month finding on a petition to list the fish under the federal Endangered Species Act.

"The species has declined between 84-90 percent from its historic range — that's a huge decrease in the range of this Utah species," said Jeff Kessler, a founder of the Utah-based Biodiversity Conservation Alliance, one of the groups that sued.

"We believe that the Bonneville Cutthroat Trout, the state fish of Utah, is every bit as much of a part of Utah's natural heritage as the mule deer, elk and eagle that we're all so fond of and proud of," Kessler said.

"We think it's important to hand down to people who come after us the same wonderful wildlife that we inherited," he said. "That's the purpose of the Endangered Species Act, to provide a safety net for species that are in trouble."

Also suing are the Center for Biological Diversity and the Pacific Rivers Council.

Larry Crist, assistant field supervisor at the Utah field office of the U.S. Fish and Wildlife service, said he could not comment about the suit until he has a chance to see it.

Also named in the suit are Ralph Morgenweck, the service's regional director in Denver; Steven Williams, the agency's director; and Gale Norton, U.S. Secretary of the Interior.

The lawsuit is asking the court to declare that the agency has violated the Endangered Species Act's mandatory duties by not evaluating all relevant factors and not relying on the best available scientific and commercial information when making its decision.

The suit also asks the court to order the agency to issue a new ruling.

"A lot has been said about the state's efforts to recover this fish and we support that, but the state doesn't control most of the activities that impact the habitat," Kessler said. He said the federal government controls such things as timber harvesting and grazing on federal lands that have a profound impact on areas where the fish lives.

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