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Judge orders wolves back on Endangered Species List, ending hunting

from IdahoStatesman.com

A federal judge ruled Thursday against the Obama administration and returned wolves in the Rocky Mountains to the Endangered Species List.

That means that hunting seasons in Idaho and Montana will not be allowed to continue.

U.S. District Judge Donald Molloy said leaving wolves listed as endangered in Wyoming while delisting them in Idaho, Montana, eastern Oregon, eastern Washington and northern Utah violates the Endangered Species Act.

“The Endangered Species Act does not allow the U.S. Fish & Wildlife Service to list only part of a “species” as endangered, or to protect a listed distinct population segment only in part as the Final Rule here does,” Malloy wrote. Idaho’s wolf hunting season could have begun as soon as Aug. 30.

The Idaho Fish and Game Commissioners were slated to set wolf hunting quotas and finalize rules at their Aug. 16 meeting in Idaho Falls. Hunters killed 134 wolves in Idaho and 72 in Montana in 2009 and early this year.

Wolf advocates say that the current population is not big enough to ensure that long term genetic health of the population. Their attorney told the judge they believe 2,000 to 5,000 wolves may be necessary.

But Molloy did not rule on the issue.

“Because the Rule does not comply with the ESA, it is unnecessary to resolve all of the issues raised by the parties.” Idaho had 835 wolves at the end of 2009 and the region, including Montana, Wyoming, eastern Washington, eastern Oregon and northern Utah, had an estimated population of 1,706. Since then new pups have joined the packs and before hunting the overall population had been growing at a rate of about 20 percent annually.

Idaho fish and game statement on wolf relisting:

We are very disappointed by District Judge Donald Molloy’s ruling, returning gray wolves to endangered species protection.

“This is a major setback for responsible wildlife management in Idaho. We have demonstrated our ability to conduct a hunting season in an orderly fashion,” Idaho Fish and Game Commission Chairman Dr. Wayne Wright. “It’s a shame when legal twists can trump wildlife management. This is not how the Endangered Species Act should work.”

We don’t know yet what this means for the upcoming wolf season. But for the time being we have suspended wolf tag sales until we’ve had a chance to further review the decision.

“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 his decision allows procedural technicalities to overcome sound science and common sense.”

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 north of Interstate 90 in Idaho are fully protected under the Endangered Species Act.

Idaho still must follow the rule of law, and we will look at all legal options to see what’s the best way out of this mess. Fish and Game still will work to resolve conflicts between wolves and other game animals, including proposals to the U.S. Fish and Wildlife Service for wolf control actions to protect dwindling game herds and reduce livestock predation.