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Endangered Species Protection Reinstated for Northern Rockies Wolves

August 9, 2010.

On Thursday, August 5th, U.S. District Judge Donald Molloy reinstated protection under the Endangered Species Act for the thriving Northern Rockies wolf population in Montana and Idaho.

Last year, such protection had been removed in Montana and Idaho, and successful wolf hunts were conducted. Protections had remained in place in Wyoming last year after their hunting plan was deemed to be far too aggressive (essentially a "shoot on sight" policy for wolves outside the Yellowstone area).

Molloy's latest ruling essentially stated that the Northern Rocky Mountain wolf population must be considered and protected as a whole. Wolves can't be delisted and responsibly managed in Montana and Idaho if they're not being delisted and responsibly managed in Wyoming.

Wildlife agencies and conservation groups were distraught over the news, especially after the well-measured success of last year's wolf hunts, and are struggling to determine where to go next.

The Rocky Mountain Elk Foundation

The RMEF has shown a mixture of outrage and considered countermeasures.

Recognizing the legal nature of this ongoing conversation about wolves in the Northern Rockies, the RMEF is advocating two legal courses of action:

• The Rocky Mountain Elk Foundation is calling for immediate Congressional review and reform of the Endangered Species Act. This is probably the most sensible course of action being discussed -- if the existing law does not result in the most sensible outcome, seek to change the existing law.
• Additionally, the RMEF has urged the governors in Idaho, Montana and Wyoming to begin the process of formally implementing "the 10(j) rule" as provided within federal law -- basically, manage wolf populations as effectively as current law allows. For all species reintroductions classified as a "nonessential, experimental population," as is the case with gray wolves under the Endangered Species Act, the 10(j) rule allows states more flexibility to mitigate for unacceptable impacts on big game populations, livestock and domestic animals.

In terms of expressing outrage, the RMEF is continuing to cynically suggest that anti-management groups have secret self-serving motives, litigating for wolf protection as a mere fund-raising ploy: "This is simply a financial scam for the animal rights groups, and it's all being paid for by the American taxpayer," said David Allen, RMEF president and CEO.

Idaho

In Idaho, the Fish and Game Department is putting a hold on the sale of wolf tags and trying to evaluate if there is any chance of conducting a 2010-2011 wolf season.

Wolves south of Interstate 90 have reverted to management under a section of the Endangered Species Act known as the 10(j) rule, allowing some flexibility to respond to livestock depredation and impacts on big game. The rule also allows individuals on private or public land to kill a wolf that is in the act of attacking their stock animals or dogs. Wolf populations north of Interstate 90 in Idaho are fully protected under the Endangered Species Act.

"We're frustrated; we're angry; we're disappointed," Idaho Fish and Game Deputy Director Jim Unsworth said. "We've played by the rules, but [Molloy's] decision allows procedural technicalities to overcome sound science and common sense."

Idaho is just beginning to review legal options in response to the latest ruling, the outcome of which IFGD is calling a "mess."

Montana

Montana Fish, Wildlife and Parks has responded with deep but thoughtful disappointment to the ruling.

“We believe we made arguments to the judge that he could have relied on to uphold the U.S. Fish and Wildlife Service’s decision to delist the wolf,” said Joe Maurier, director of Montana Fish, Wildlife & Parks. “We will carefully examine the ruling to determine what options remain open to Montana’s wildlife managers.”  

In the meantime, MFWP is acknowledging that the 2010-2011 Montana wolf season is not going to happen.

Why Did This Happen?

Anti-management groups are going to exercise their rights to litigate, and we may not always agree with the way that judges interpret existing law.

But this case wouldn't have turned out the way it did if Wyoming had proposed a wolf management solution that could withstand scrutiny.

Assistant Secretary of the Interior for Fish and Wildlife and Parks Tom Strickland politely summarized the reason that anti-management groups prevailed in court:

“Our collective efforts have brought this population to the point where it no longer requires Endangered Species Act protection. Despite this extraordinary success, today’s ruling means that until Wyoming brings its wolf management program into alignment with those of Idaho and Montana, the wolf will remain under the protection of the Endangered Species Act throughout the northern Rocky Mountains."

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