'No go' for French Creek Freddie on Groundhog Day? Justice says 'weaponized' feds to blame

Justice also said during the briefing that the U.S. Department of Agriculture has ordered the temporary closure of the West Virginia Wildlife Center at French Creek on the eve of French Creek Freddie’s annual Groundhog Day appearance, because of the absence of a secondary containment fence.

Justice said both developments are without merit and are the product of the President Joe Biden “using federal agencies to target people� considered political foes.

Why the shutdown of Freddie’s home?

Justice said the shutdown of the West Virginia Wildlife Center in Upshur County — French Creek Freddie’s home — came about because of “an abrupt decision to not recognize a variance for a secondary containment fence around the facility that that was issued 24 years ago. So, now they show up and say we have to close it down.�

The governor said USDA officials were asked if the shutdown could be temporarily lifted to allow resident groundhog French Creek Freddy to be photographed during the Wildlife Center’s annual Groundhog Day celebration.

“They said, ‘Nope. You can’t do that,’� Justice said. “It’s so bizarre, it’s driving me nuts.�

The West Virginia Wildlife Center was closed for five days in early January to accommodate an annual inspection by the USDA’s Animal and Plant Health Inspection Service, which apparently opted not to recognize the long-standing variance for a secondary containment fence. The facility will remain closed to the public until a new license is issued.

Feds ‘trying to punish states like ours’

“We’re a state that really doesn’t align with the Biden administration at all,� Justice said. “This is a move by folks that are basically trying to punish states like ours. It’s the last thing the federal government should be doing.�

Justice said DNR officials were told by Fish and Wildlife that “Your trout stocking program is over� if the state agency fails to modify the program to Fish and Wildlife specifications on the frequency and timing of releasing trout in certain streams to protect endangered aquatic species.

A federal grant for fish stocking programs in West Virginia, which Justice said had previously been routinely renewed, would not be made available to the state if the trout stocking modifications were not put in place, according to the governor.

The modifications include halting the stocking of trout in waters with known populations of the candy darter, Guyandotte River crayfish and Big Sandy crayfish, all protected under the Endangered Species Act, pending additional study to determine if, or to what extent, trout feed on them.

“It’s blackmail,� Justice said. “We offered to have WVU conduct a year-long study to see if our stocking program affected other fish. We’re even willing to raise the candy darters in captivity and stock them in our streams, but they say ‘no.’�

The modifications in trout stocking sought by the federal agency came about because the DNR was obligated to consult with Fish and Wildlife on the potential effects of trout stocking on federally listed aquatic species.

In his news release, the governor said the DNR doesn’t believe the endangered species cited by the federal agency are affected by trout to the extent that Fish and Wildlife believes them to be. He added that the state agency will conduct a study to gauge the effects of trout on known populations of the rare aquatic animals.

“The DNR is hopeful to negotiate a path forward to ensure the stocking program continues in full,� Justice said. “However, as of today, at least four streams will be removed from the stocking program, if a deal is not reached.�

Those streams are:

• Camp Creek, in Mercer County
• Laurel Creek of the Cherry River, in Greenbrier and Nicholas counties
• North Fork of the Cherry River, in Greenbrier County
• Pinnacle Creek, in Wyoming County

Certain other streams will be placed on a modified stocking schedule, eliminating trout stocking in the late spring, summer and early fall seasons.

Throughout his news conference, Justice remained adamant about what he perceives as government overreach.

“This stuff where our federal agencies are going out and purposefully targeting people is wrong,� Justice said at the end of the briefing. “I’ve been an absolute sufferer of absolutely just that — not anywhere like the magnitude of our [former] president, but I get it, and it’s wrong.�

U.S. Fish and Wildlife response

The U.S. Fish and Wildlife Service contends that, contrary to Justice's comments, it continues to support West Virginia's trout stocking program, according to a Fish and Wildlife spokesman.

After expediting a review of the state's trout stocking program "to ensure stocking continues," said the spokesman, and receiving final grant documentation on Jan. 23, on Wednesday the agency awarded the three-year trout stocking grant, with the modifications that Justice mentioned.

An Environmental Species Act review was required prior to renewing the three-year grant, during which USFWS and state DNR personnel "collaboratively developed conservation measures to ensure trout stocking did not adversely affect federally listed species," according to the spokesman.

Editor's note: This story was updated on Feb. 1, 2024 with a response from the U.S. Fish and Wildlife Service to Gov. Justice's claims.