Judge sides with state in wolf suit

Posted 11/26/10

The judge ordered Fish and Wildlife to determine if the designated trophy game area in northwest Wyoming would be sufficient to preserve genetic connectivity with other wolves in the region.

Under Wyoming's wolf plan, nearly 90 percent of the …

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Judge sides with state in wolf suit

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{gallery}11_23_10/blankwolf{/gallery}On Thursday, U.S. District Judge Alan Johnson ordered that the decision by the U.S. Fish and Wildlife Service refusing to delist wolves in Wyoming because the entire state is not a trophy game area should be set aside.“Judge Johnson told them (Fish and Wildlife) like it is,” said Rep. Pat Childers, R-Cody.{mosloadpositionuser201}

The judge ordered Fish and Wildlife to determine if the designated trophy game area in northwest Wyoming would be sufficient to preserve genetic connectivity with other wolves in the region.

Under Wyoming's wolf plan, nearly 90 percent of the state would fall under the predator zone, where wolves could be shot on sight.

The service said it rejected Wyoming's plan because of the predator zone.

The service cites no new data suggesting that a statewide trophy game area would facilitate genetic connectivity, Johnson said.

“It (U.S. Fish and Wildlife Service) cites too little data that indicate a dual classification system such as that proposed in this case is not permissible or would preclude compliance with the ESA (Endangered Species Act),” Johnson said.

Wyoming Attorney General Bruce Salzburg said 12 percent of the state would be classified as the trophy game area under Wyoming's plan, yet that 12 percent represents 70 percent of suitable wolf habitat in the state.

The service wants the entire state designated trophy game, Salzburg said.

Salzburg said the service rejected Wyoming's plan because of the dual status, but its rejection criteria was not based on sound science.

“As the Fish and Wildlife Service argued, allowing unlimited killing of wolves across such a large area would only inhibit connectivity between wolves in Wyoming and central Idaho,” said Natural Resources Defense Council Wildlife Advocate Matt Skoglund in Livingston, Mont.

Park County joined with the state and the Wyoming Wolf Coalition in bringing the suit. On Friday, Park County Commissioner Tim French said he was “thrilled” with Johnson's decision.

“I think Wyoming has a good wolf management plan and hopefully this will be the end of it,” French said, before adding, “Probably won't be.”

Childers said at this stage, he is not sure Fish and Wildlife has any grounds to appeal Johnson's decision.

“We're evaluating the ruling before we decide how to proceed,” said Leith Edgar, Fish and Wildlife public affairs specialist in Denver.

“An (Fish and Wildlife) appeal is still a potential,” Salzburg said.

Environmental groups opposed to Wyoming's predator zone likely are not be pleased with Johnson's ruling.

“If there is any way they can do it, the environmental community is going to file a lawsuit,” Childers said.

Because conservation groups were not a part of the suit, they can't appeal it, Skoglund said. “That's my understanding.”

However, attorney Jenny Harbine of Earthjustice's Bozeman, Mont., office told the Associated Press last week that Johnson's ruling did not change endangered species protections for wolves in Wyoming.

Harbine was not available Monday for comment.

In its wolf plan that was accepted once, then rejected by the service later, Wyoming said it would maintain 15 breeding pairs and 150 wolves, seven outside the national parks.

In his 104 page ruling, Johnson said Wyoming and the federal government were at odds based on the same scientific and commercial data.

If Fish and Wildlife does appeal, Childers said he believes the state has a strong argument to thwart that appeal.

“I think we can step up and say that we did what they (Fish and Wildlife) wanted us to do,” Childers said.

The Tri-State Wolf Compact Commission, composed of state legislators from Wyoming, Montana and Idaho, met several times in the last couple of months to develop a concerted effort to convince the service to delist wolves in the three states.

Childers said his hope is the Tri-State Commission can push for delisting the animals and that Fish and Wildlife will do so expeditiously.

Will wolves be delisted within the year?

“It's possible,” Salzburg said, “but no, I don't expect it.”

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