As legislators introduce the first spate of bills aimed at removing wolves in Idaho from federal protection, a federal judge is reconsidering the flexibility such federal protection gives Northern Rockies states regarding wolf management.
A decision in August by U.S. District Judge Donald Molloy relisted wolves under the Endangered Species Act. However, wolves in much of Idaho are managed under the act's 10(j) rule, a provision that allows the U.S. Fish and Wildlife Service to kill wolves in "experimental" populations that have been attacking livestock or impacting wild ungulates.
Most wolves in Idaho were classified as experimental when first reintroduced to the state. Molloy said in an order issued on Jan. 28 that that classification may no longer apply, as the federal government stated in another lawsuit that wolves from the northern Rockies are breeding with nonexperimental populations in Canada and Montana.
Experimental classification relies on the population's being geographically separate from nonexperimental populations.
Andrew Wetzler, spokesman for the Natural Resources Defense Council, said the order is not yet an issue of concern.
"Judge Molloy is just being cautious here," Wetzler said. "He hasn't decided anything, he's just asked a question."
If that classification were removed, it could strip the service's ability to manage wolves in the Lolo Zone in the upper Clearwater Basin. Idaho officials submitted a petition in August to kill up to 50 wolves in the Lolo Zone with the goal of boosting elk populations.
Wetzler did express concern over two federal bills to remove federal protection for gray wolves. The two bills were introduced by Rep. Denny Rehberg, R-Montana in Congress on Jan. 26 with the co-sponsorship of Rep. Mike Simpson, R-Idaho.
The first bill, H.R. 509, would exclude gray wolves throughout the United States from listing under the Endangered Species Act. The bill is supported both by Simpson and his colleague Rep. Raul Labrador, R-Idaho.
The second bill would remove wolves in Idaho and Montana from federal protection and return them to state management. Wolves in the rest of the northern Rocky Mountain population would remain under federal jurisdiction.
Wetzler said the bills were "largely identical" to similar bills introduced last session, and that his organization remains opposed to the bills and the precedent either would set if passed.
He said it's too early to tell what the results of the bills' introduction will be. Both bills have been referred to committee, where they are awaiting a hearing.
"We're certainly committed to fighting them very hard, but it's way too early to count how many legs they may have," Wetzler said.
Katherine Wutz: kwutz@mtexpress.com
