TUCSON,
Ariz., Oct. 5, 2005 – Two recent court rulings have set back wolf management
in the U.S. SCI has expressed concern over these two federal court
decisions that have prohibited effective management of growing gray wolf
populations, and hindered the potential for sportsman participation in said
management.
In one case last
August, the honorable Judge Garvan Murtha, of the U.S. District Court of
Vermont, issued another disappointing ruling against the U.S. Fish and
Wildlife Service’s attempt to reclassify the gray wolf species from
"endangered" to "threatened" status. On Sept. 13, wolf management received a
third judicial setback when the honorable Judge Ellen Segal Huvelle, of the
U.S. District Court of the District of Columbia, took action prohibiting
Michigan and Wisconsin from lethally taking problem wolves preying on
livestock and other domestic animals.
“Who else but our
appointed state and federal wildlife officials have the expertise and the
authority to ensure that the Endangered Species Act is properly enforced and
our nation’s wildlife is scientifically conserved?” said SCI Executive
Director Tom Riley. “SCI will continue to support the reclassification of
the gray wolf and will support the Service’s efforts to rectify these
erroneous judicial rulings.”
The contention
surrounding wolf reclassification began in October of 2003 when a cabal of
animal rights organizations, including Defenders of Wildlife, Center for
Biological Diversity, Sierra Club and others, brought to the U.S. District
Court for the District of Oregon a case challenging the USFWS’ authority to
change the gray wolf’s ESA classification. SCI intervened in that case,
together with the Oregon Hunters’ Association, the American Farm Bureau and
the Oregon Cattlemen’s Association, to support gray wolf recovery achieved
by the USFWS and to help the USFWS defend against the challenge that had
been waged against the rule to reclassify wolves.
Instead of
recognizing the USFWS’ monumental conservation efforts that resulted in the
recovery of large, healthy and viable wolf populations in both the Eastern
and Western United States, the Oregon Court invalidated the USFWS’ Final
Rule to reclassify gray wolves from “endangered” to “threatened” status.
As a result, gray wolves throughout the United States retained their
“endangered” classification. The USFWS has reserved the right to appeal the
Oregon Court's ruling, but has indicated that an appeal is unlikely.
The
Vermont case, brought by a second set of Plaintiffs, also offered a
disappointing result for gray wolf recovery. The Vermont Court's opinion
does nothing to overturn or modify the current "endangered" status of gray
wolves imposed by the Oregon Court’s determination. In addition, Judge
Murtha addressed some issues that were outside the focus of the Oregon
Court's previous ruling. He ruled that the USFWS had improperly deleted a
proposed Northeastern Distinct Population Segment of wolves, without first
giving the public an opportunity to comment on the matter, and that the
USFWS improperly lumped the Northeastern states into a single Distinct
Population Segment that also included the wolf populations of Michigan,
Minnesota and Wisconsin.
In
the Sept. 13 ruling, Judge Huvelle invalidated the permits that Michigan and
Wisconsin had been using under permit authority issued by the USFWS to cull
the two state’s problem wolves, and ordered that no further wolves be taken
under those permits. The USFWS admitted to the Court it had inappropriately
issued the states’ permits without first publishing notice of the permit
applications and without allowing public comment on the applications. Both
Michigan and Wisconsin have submitted new permit applications and the USFWS
has published a Federal Register Notice to solicit comments on the wolf
depredation permits. Once a thirty day comment period is completed, the
USFWS can move forward to issue new permits to replace those invalidated by
the Court.
SCI-First
For Hunters is the leader in protecting the freedom to hunt and in promoting
wildlife conservation worldwide. SCI’s 173 Chapters represent all 50
United States as well as 13 other countries. SCI’s proactive leadership in a
host of cooperative wildlife conservation, outdoor education and
humanitarian programs, with the SCI Foundation and other conservation
groups, research institutions and government agencies, empowers sportsmen to
be contributing community members and participants in sound wildlife
management and conservation. Visit
www.safariclub.org or call 520-620-1220 for more information.
Previous Updates:
SCI Responds
to Court Ruling on Gray Wolf Status
TUCSON,
Ariz., Feb. 8, 2005 – On Jan. 31, Senior Judge Robert Jones of the U.S. District
Court for the District of Oregon dealt a significant blow to gray wolf recovery
throughout the United States, and seriously undermined the ability of the U.S.
Fish and Wildlife Service to carry out the mandates of the Endangered Species
Act.
Instead
of recognizing the Service’s monumental conservation efforts that resulted in
the recovery of large, healthy and viable wolf populations in both the Eastern
and Western United States, the Oregon Court invalidated the Service’s Final Rule
to reclassify gray wolves from “endangered” to “threatened” status. As a
result of Judge Jones’ opinion, gray wolves throughout the United States have
regained their “endangered” classification.
"Safari Club International disagrees with the Oregon court’s interpretation of
the purpose of the Endangered Species Act and of the regulations and policies
the Fish and Wildlife Service has established for the administration of the
law,” said SCI President John Monson. “SCI also believes that the opinion
misapplies judicial precedent established by the 9th Circuit Court of Appeals in
prior Endangered Species Act cases.”
The
Oregon Court’s opinion was issued in a case brought in October of 2003 by a
group of animal rights organizations including Defenders of Wildlife, Center for
Biological Diversity, Sierra Club and others. Safari Club International
intervened in the case together with the Oregon Hunters’ Association,
the American Farm Bureau and the Oregon Cattlemen’s Association, in order to
support gray wolf recovery achieved by the U.S. Fish and Wildlife Service and to
defend the challenge that had been waged against the Service’s rule to
reclassify wolves.
Safari Club International will continue to support the U.S. Fish and Wildlife
Service in its efforts to reclassify the gray wolf and will support the
Service’s efforts to rectify this erroneous judicial ruling.
For more
information about Safari Club International, call 520-620-1220 or visit
www.safariclub.org. For more on the SCI Foundation or any its charitable
programs, call 877-877-3265 or visit
www.sci-foundation.org

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