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ESA protections restored for gray wolf

Anna Miller Fortozo, WLJ managing editor
Feb. 18, 2022 5 minutes read
ESA protections restored for gray wolf

To much of agriculture’s dismay, the gray wolf has once again been granted federal protections on the endangered species list. A federal judge’s Feb. 10 ruling restores protections for the wolf across most of the U.S., reversing the Trump administration’s 2020 ruling to delist the gray wolf.

Judge Jeffrey White in the U.S. District Court for the Northern District of California ruled in favor of three cases brought on by a handful of conservation and environmental groups, which alleged the delisting violated the Endangered Species Act (ESA) and Administrative Procedure Act.

The ruling will redesignate the gray wolf as a species that faces extinction in the lower 48 states, with the exception of the Northern Rockies population. In 2011, Congress removed protections for wolves in Montana, Wyoming and Idaho, as well as eastern Oregon, eastern Washington and a small corner of Utah, granting state management.

White said the Trump ruling relied on the recovery of core metapopulations of wolves in the Great Lakes and Northern Rocky Mountains to conclude that wolves in the lower 48 states no longer qualified for federal protection.

“The (U.S. Fish and Wildlife) Service did not adequately consider threats to wolves outside of these core populations,” White wrote in his opinion. “Instead, the Service avoids analyzing these wolves by concluding, with little explanation or analysis, that wolves outside of the core populations are not necessary to the recovery of the species… In so concluding, the Service avoided assessing the impact of delisting on these wolves.”

CO wolves

The ruling comes in the midst of Colorado planning to reintroduce wolves to the state by the end of 2023. As the decision returns management authority of gray wolves back to the federal U.S. Fish and Wildlife Service (USFWS), Colorado Parks and Wildlife (CPW) says it has been in communication with the agency regarding wolf management.

“CPW is reviewing the court’s decision and is in contact with the USFWS to understand the implications of this decision on Colorado’s gray wolf reintroduction process,” the agency said on its website.

CPW approved wolf hazing measures for producers at its virtual meeting in mid-January following several wolf livestock incidents, but the measures do not allow for the taking of wolves in defense of livestock. In addition, the agency said hazing would not be permitted if wolves are on the list of federally threatened or endangered species. It is advised producers do not use projectile tools as hazing measures until clearer direction is given from USFWS.

Reactions

The greens celebrated the judge’s ruling. “Restoring federal ESA protections for wolves is essential to their recovery throughout their historic range, so while we are thankful for this ruling, we also call on Secretary Deb Haaland to issue emergency relisting protections for the Northern Rockies wolf population to halt the senseless slaughter taking place,” said Lindsay Larris, wildlife program director at WildEarth Guardians.

On Feb. 7, Haaland penned an op-ed to USA Today, saying the USFWS is evaluating whether relisting the northern Rocky Mountains’ gray wolf population under the ESA is necessary.

“In such an emergency, the Fish and Wildlife Service can immediately list the species for 240 days,” Haaland wrote. “We are closely monitoring data on wolf populations and will make those determinations if merited using the best available science.”

The National Cattlemen’s Beef Association (NCBA) and Public Lands Council (PLC) expressed their disappointment.

“It’s disappointing that environmental activism carried more weight than science in this case. Rather than ruling on due process and adherence to recovery criterion, Judge White chose to remand the rule and undermine one of the most successful ESA recovery stories in United States history,” said NCBA Executive Director of Natural Resources and PLC Executive Director Kaitlynn Glover in a released statement.

“This is just another attempt by activist groups to ignore the facts and rewrite the history of gray wolf recovery in the U.S.”

NCBA and PLC said data shows the gray wolf population has recovered and no longer needs listing. Glover added that ESA should not be used as a permanent management tool, and the decision removes critical management tools for wolves.

“One year, I lost 26 calves due to gray wolf attacks,” said Minnesota cattleman Joe Wilebski in the statement. “As a producer, my top priority is the health and safety of my livestock. The consequences of gray wolf attacks go far beyond the immediate loss of livestock. When wolves attack animals, even if they aren’t killed, it causes long-term effects on their overall health and well-being.”

The American Farm Bureau Federation (AFBF) also expressed their dissatisfaction with the ruling. “Farmers and ranchers share the goal of a healthy and thriving ecosystem,” said AFBF President Zippy Duvall. “Management of the fully recovered gray wolf should be overseen by the states, which can best determine the most appropriate course of action for each region.” — Anna Miller, WLJ managing editor

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