by Todd Adams

Wolves and wolf issues have been active the past couple of weeks, not only on local ranches but also in the federal courts and bureaucracy.

A recent court decision does not affect wolves in the experimental population area of central Idaho, southwest Montana and Wyoming (Yellowstone National Park), but a rule change does.

The U.S. District Court in Portland, Oregon issued a decision January 31 that reclassifies wolves from threatened to endangered status outside the experimental, non-essential population area (in Montana south of Interstate 90 and south of the Missouri River and in Idaho south of I-90).

According to a service news release, this means nobody can legally shoot a wolf outside the experimental area where wolves were reintroduced in 1995, unless the wolf is an immediate and direct threat to human life.

As a result of the court order, the “outside” wolves newly reclassified as endangered have the full protection of the ESA and cannot legally be shot by private individuals or state officials. The “outside” protected wolves are in Idaho north of I-90 or in Montana north of I-90, west of I-15 and north of the Missouri River.

U.S. Fish and Wildlife Service officials interpret the court order, as mandating that it must conduct all wolf management outside the experimental area.

“The service strongly advises private citizens not to harm or kill wolves outside the experimental population areas,” a February 10 news release stated.

The service had adopted a rule under section 4(d) of the ESA in April of 2003 “downlisting” the “outside” wolves from endangered to threatened status. That rule was challenged by environmental groups and led to the court’s January 31 decision to reverse the rule.

“We are disappointed in the court ruling,” said Ralph Morgenweck, director of the service’s Mountain-Prairie Region. “We are reviewing our legal options, including appeal.”

Flexibility remains here The U.S. Fish and Wildlife Service announced on February 3 that a new regulation under section 10(j) of the Endangered Species Act would allow more flexibility for private citizens to protect their livestock, livestock herding and guarding animals, and dogs from wolves.

The rule took effect on February 7 and allows private citizens to shoot wolves, but only inside the experimental population area on private land and in the act of “attacking, chasing, molesting or harassing” the domestic critters listed above. Landowners or livestock owners do not need any prior written authorization, as in the past.

Any wolf shooting must be reported within 24 hours and there must be physical evidence of a wolf attack.

Niemeyer said that evidence is not limited to dead or wounded livestock, but can include trampled vegetation, mixed wolf and livestock sign, broken fences knocked down by stampeding cattle and the like.

The 10(j) rule allows the shooting of wolves in the act of chasing, molesting or harassing the animals under conditions that would indicate to a “reasonable person” that an attack is likely to occur at any moment, Niemeyer said.

Wolf “attack” is defined as biting, wounding or grasping, he said.

The February 3 news release states the following also is allowed inside the experimental population area.

• Wolves may be shot under the same attack or chase circumstances on public federal lands by grazing permittees and outfitters and guides that use livestock as part of their permits and by tribal members on public ceded lands.

• Wolves that cause unacceptable impacts to wildlife populations such as deer and elk herds, may be killed by state or tribal agencies. But this is possible only after science-based documentation has undergone public and peer review and has been approved by the service.

• Anyone may harass a wolf (scaring it and running it off in such away that doesn’t hurt the wolf) at any time. It must be reported within seven days.

• States or tribes with approved management plans can take over gray wolf management in the experimental areas provided agreements are signed with the service or Secretary of the Interior.

Idaho has an approved plan and will start taking over next summer, Niemeyer said.

Montana’s plan also has been approved, but the experimental wolf population cannot be delisted (taken off the ESA) until Wyoming’s plan is approved.

Wyoming and the federal government are in court now over that state’s plan.

http://www.challismessenger.com/newspgs/0217wolves.html

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