This contested move ends more than 45 years of protection for gray wolves in the Lower 48. The rule will not affect the Mexican gray wolf, a subspecies found in Arizona and New Mexico, which will retain its endangered status.
The decision by the US Fish and Wildlife Service (USFWS) to delist was first proposed in 2018 and formally announced in March 2019.
The proposal met stiff resistance as documented by Earthjustice:
- About 1.8 million Americans stated their opposition to the delisting. That is one of the largest numbers of comments ever submitted on a federal decision involving endangered species.
Also, 69 members of the US House and 17 members of the US Senate (including now vice-president elect Kamala Harris) signed letters opposing the delisting.
- Furthermore, 100 knowledgeable and respected scientists signed a letter that asked the USFWS to rescind the rule. Additionally, more than 200 businesses and 300 veterinary professionals signed letters opposing the delisting.
- Finally, even a USFWS-facilitated review of the proposed delisting identified errors and brought up serious questions about the ruling’s scientific validity.
Regardless of that formidable opposition, the USFWS plowed ahead and issued a final ruling that will shift wolf management to state and tribal agencies as of January 4, 2021.
Who is Fighting for Wolves?
Within days of Bernhardt’s announcement, two coalitions of conservation groups filed notices of intent to sue. Upon receipt of such a notice, the USFWS has 60 days to remedy the problems identified within the notice or be taken to court.
One notice was filed by Western Environmental Law Center representing WildEarth Guardians, Western Watersheds Project, Cascadia Wildlands, Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center, The Lands Council, Wildlands Network, and Klamath Forest Alliance.
A second notice was filed by Earthjustice representing Defenders of Wildlife, Center for Biological Diversity, Sierra Club, Oregon Wild, National Parks Conservation Association, and The Humane Society of the United States.
How Will the Delisting Be Challenged?
This wolf delisting will be fought on many fronts but one obvious battleground is whether wolves have recovered in a significant portion of their historical range throughout the Lower 48.
The USFWS claims that the wolf population in the Great Lakes area has recovered enough to sustain wolf populations elsewhere in the Lower 48. They estimate about 4,200 wolves live in Minnesota, Wisconsin, and Michigan.
The USFWS adds that the few wolves that occur “outside of the Great Lakes area, including those in the West Coast States and central Rocky Mountains as well as lone dispersers in other states, are not necessary…” for the recovered status of wolves in the Lower 48.
In their notice of intent to sue, attorneys for Western Environmental Law Center write that the USFWS’s “final rule is fatally flawed by its rejection of the importance and significance of endangered wolves found in Washington, Oregon, California, Colorado, and elsewhere. The service is clear that it considers these wolves expendable and unnecessary.”
What the USFWS refers to as a “few wolves” amounts to around 1,900 wolves that live in the Rocky Mountain states and along the Pacific Coast. I can’t help but wonder: if these 1,900 wolves are seen as few and unnecessary, how can the 4,200 wolves in the Great Lakes area represent successful wolf recovery in the entire Lower 48?
Earthjustice, in their notice of intent to sue, writes that the USFWS “failed to analyze and address the importance of lost historical habitat” and “failed to use the best available science.”
What Happens Next?
It’s unlikely that the USFWS will back off to avoid being sued. Instead, the battle to protect wolves will move into the courts.
It’s also unlikely that a judge will issue an injunction that would maintain the protected status of wolves while the legal battle plods through the courts. This did not happen in 2011 when wolves were delisted and a court battle ensued.
The most likely scenario is that the delisting will take effect on January 4, 2021 and state and tribal agencies will move ahead with creating and implementing their wolf management plans.
Unfortunately, wolf management means wolf killing. Across the Lower 48 gray wolves could be designated as game or fur bearers and hunted or trapped as they are now in Montana, Idaho, and Wyoming. They could also be classified as vermin as they are in South Dakota and shot on sight.
Wisconsin has announced that its wolf hunting season will begin on November 6, 2021.
In Minnesota, the Department of Natural Resources plans to have its draft wolf management plan completed by early 2021. A decision on hunting would occur after that report is released.
In Michigan, the Department of Natural Resources says any lawsuit against the federal delisting would delay serious consideration of a wolf hunt.
Sooner or later, wolves will die. The Humane Society of the United States recalls that when wolves in the Great Lakes Region lost their ESA protection in 2011, nearly 1500 wolves were killed in the three hunting seasons before wolves were relisted in 2014 after a court battle.
WHAT CAN YOU DO NOW TO HELP PROTECT WOLVES?
Hopefully, the courts will eventually roll back the USFWS delisting rule because of low wolf numbers, loss of wolf habitat, and lack of scientific rigor. But there is no guarantee.
Given that the fate of wolves will likely be in the hands of state and tribal agencies for some time, we must fight for wolves at that level. Here’s a link to the Center for Biological Diversity page where you can tell the governors of states with wolves to act in a way that helps wolves recover.
We can also ask the Biden administration to begin the process of restoring ESA protections for gray wolves. Here’s a link to the Wildearth Guardians page and a petition you can sign.
You can also donate to the organizations that are fighting the delisting in court. Legal battles are expensive and these organizations need our financial support. Please give what you can.
Thanks for taking action, and I’ll keep you updated as this battle progresses.
Photo Credits:
Yellowstone wolf by Rick Lamplugh
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