New West Analysis

What’s Behind Judge Molloy’s Questioning of ‘Experimental’ Status for Wolves?

Molloy has asked attorneys for wildlife management agencies and the environmental groups that have sued them to prepare briefs by Feb. 22. At issue: whether Northern Rockies wolves are genetically diverse enough to still fit original reintroduction rules.

By Brodie Farquhar, 2-07-11

 
 

Late last month, U.S. District Court Judge Donald Molloy asked attorneys for wildlife management agencies and environmental groups to answer this question: Can the Northern Rockies wolf population still be considered an “experimental” population, or has there been enough cross-breeding with Canadian wolves to declare there’s no danger of genetic isolation or inbreeding?

The answer may be critically important, because the reintroduction of wolves into Yellowstone National Park and central Idaho in the mid-90s was predicated on the U.S. Fish and Wildlife Service calling those wolves an “experimental, non-essential species.”

This designation not only allowed wolves to be reintroduced to the tri-state region of Wyoming, Idaho and Montana, it also gave the FWS the flexibility to essentially consider the wolves a large-scale experiment in reintroduction. Without that designation as experimental, the wolves would have fallen under the full protection of the Endangered Species Act and could not be so readily killed when they got into conflicts with livestock. (Great Lakes wolves are not experimental and do occasionally attack and kill livestock, which does prompt control measures.)

Molloy wrote that in the special rule published in March of 2010, FWS noted it does not intend to reevaluate the “nonessential experimental” designation given to the reintroduced wolves of the northern Rocky Mountains. Instead, the service indicated it would not alter the 10(j) status until the gray wolf of the northern Rocky Mountains is recovered and delisted.

Citing relevant statutes, Judge Molloy said distinct populations can only be considered “experimental when they are wholly separate geographically from non-experimental populations of the same species.”

Yet according to the service’s own research and Dept. of Interior attorneys, wrote Molloy, there has been documented dispersal and genetic exchange between Northern Rockies wolves and Canadian wolves – enough to raise the question of whether the 1,700-strong Northern Rockies wolves are still so genetically isolated from the 12,000-strong population of Canadian wolves, as to retain the status of “experimental.”

Molloy has asked attorneys for both sides to prepare briefs (not to exceed 2,500 words) by Feb. 22, to answer whether Northern Rockies wolves are “experimental.”

Molloy’s order, issued Jan. 28, emerged from a lawsuit filed in 2008 by environmental groups (Defenders of Wildlife, et al), objecting to newly proposed rules, issued by the U.S. Fish and Wildlife Service, which could make it easier to kill wolves so as to protect deer, elk and moose herds.

That rule, no doubt, was prompted by widening concerns that herd numbers are going down and the widespread perception by many hunters that wolves are to blame. Trouble is, science doesn’t pin all or even most of the blame on wolves – not when there are other predators, human hunting, drought and forage conditions to consider as well.

Interior attorneys have extrapolated from studies that wolves are dispersing widely and breeding. Yet those studies could be attacked as being fairly weak, rather than statistically robust. Just because a few Idaho and Montana wolves have moved toward Canada and Canadian wolves have dispersed down into Idaho and Montana, does that really mean widespread genetic exchange? How much is enough? Do we have enough data to answer that question?

Opposition to wolf reintroduction from the ranching community might have been even more forceful had there been no experimental 10(j) designation. While the environmental community might have preferred a straightforward reintroduction with no caveats about the reintroduced wolves being experimental, that designation was widely understood to be a political compromise, designed to get wolf reintroduction off dead center.

The implicit deal for ranchers is that wolves that attacked livestock would be quickly killed. The implicit deal for the environmentalists is that wolves would quickly spread into good habitat that had abundant prey species and little opportunity or need to attack livestock.

To a great degree, both the environmental groups and the wildlife agencies (federal and state) would like to maintain the status quo, because 10(j) does create flexibility in dealing with wolves that attack livestock. If 10(j) goes away, so does the flexibility of targeting individual wolves and packs, or of allowing wolf hunts to draw down wolf numbers.

On the other hand, there may be those in the environmental community who would like to have wolves under straight ESA protection, and thereby have fewer losses to the guns of Wildlife Services or state big-game hunters. It might be viewed as a triumph for reintroduction, that Northern Rockies wolves now have genetic connectivity with their Canadian relations, and that genetic isolation is no longer to be feared.

And yet, that very triumph might set the stage for declaring the grey wolf to be recovered, or well on its way to recovery, and no longer needing ESA protections.

It gets complicated when law gets mixed in with biology and ecology. Add politics, and the complication factor grows by levels of magnitude. There are bills afoot in state legislatures and in Congress to turn wolf management over to the states and to strip wolves of ESA protections (regardless of law or science).

However the attorneys reply to Molloy’s order on Feb. 22, the semantics fight will only continue.

Brodie Farquhar is a natural resources freelance writer who has covered the salmon wars of the Northwest, water controversies in Colorado and Arizona and, for the past 10 years, the Greater Yellowstone Ecosystem in the Northern Rockies. His home is in Casper, Wyoming.



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