NOAKI SCHWARTZ and MATTHEW BROWN
11/ 8/11
PASADENA, Calif. — Wildlife advocates
appeared in federal court Tuesday seeking to stop gray wolf hunts that
are already well under way in the Northern Rockies, arguing that
Congress overstepped its authority in stripping federal protections from
the canines.
Federal biologists say the wolf population is healthy enough to
support the hunts in Idaho and Montana. The two states want to drive
down the predators' numbers to curb their attacks on livestock and big
game herds.
But wildlife advocates say too many wolves are being shot
too quickly, threatening to unravel the species' decades-long recovery
and killing animals closely followed by wolf watchers.
Almost 170 wolves have been shot since hunting began in late August.
"The longer the hunting season goes on, the more risk to the
population in total," said James "Jay" Tutchton, an attorney who spoke
on behalf of WildEarth Guardians, one of the groups that sued Interior
Secretary Ken Salazar after wolves lost their federal protections.
The hunts were allowed after Congress last spring took the
unprecedented step of stripping endangered species protections from more
than 1,300 wolves. That prompted a lawsuit from wildlife advocates who
say Congress effectively reversed prior court rulings that favored
protections for the animals.
Tuesday's hearing was before a three-judge panel of the 9th U.S. Circuit Court of Appeals in Pasadena, Calif.
The 9th Circuit agreed to hear the case on an expedited basis. But
several groups involved in the lawsuit requested an injunction to stop
the killing of wolves while the case is pending. It is not clear when a
decision will be issued, though two previous requests for injunctions
were denied.
Anna M. Seidman, with Safari Club International, said hunters are
being careful and do not want to see wolves returned to the endangered
species list. Seidman's group, along with the National Rifle Association
and other sporting groups, have intervened in the case on the side of
the federal government.
"Hunters are conservationists," she said. "The whole idea behind
hunting is sustainable use to make sure they're here now and remain
there for many generations."
Tuesday's hearing marks the latest in two decades of courtroom
battles over wolves. Gray wolf advocates, including members of
Shadowland Foundation, stood outside the courthouse carrying signs
saying "We love wolves" and even brought two pet wolves.
Prior lawsuits resulted first in the animals' reintroduction to the
region and then later kept them on the endangered list for a decade
after the species had reached the government's original recovery goal.
The U.S. Fish and Wildlife Service is monitoring the hunts, but
agency officials said they have no plans to intervene because wolves
have recovered in the region and the states have promised to manage them
responsibly.
Montana's quota aims to reduce wolf numbers by 25 percent compared
with last year, to 425 animals. Bob Lane, chief legal counsel for the
state, said wildlife officials "fully intend to manage them as a viable
species."
Idaho officials have said only that they plan to maintain at least
150 wolves, out of a current population of at least 700 animals.
So far this year, wolves in Montana and Idaho have killed 152 cattle
and calves, 108 sheep, 12 dogs and three horses, according to confirmed
kill tallies provided by state and federal officials.
Even without hunting, wolves are shot regularly in the region in
response to livestock attacks. At least 103 of the predators had been
killed this year by government wildlife agents and ranchers.
Federal officials have pledged to step in to restore endangered
species protections if wolf numbers drop below 100 animals in either
state.
Attorneys for the federal government said that safety valve undercuts
the plaintiffs' contention that the hunts could cause irreparable harm.
In documents filed with the court in advance of Tuesday's hearing,
the government attorneys wrote that an injunction would be an
extraordinary step for the court to take and that the plaintiffs "come
nowhere close to meeting the test."
They also argued that Congress was within its bounds to act on the
issue, because lawmakers were told by government scientists that wolves
were biologically recovered.
Wyoming Gov. Matt Mead recently struck a deal with Interior Secretary
Ken Salazar that could allow wolf hunting in that state by sometime
next year.
Legislation introduced by Wyoming's congressional delegation could
speed up that process, in the same way as the budget bill rider that
lifted protections for wolves in Idaho and Montana.
But Noah Greenwald, the endangered species director for one of the
litigants, the Center for Biological Diversity, called it a "terrible
precedent" in which politicians instead of scientists make decisions
about endangered animals.
"It sets this precedent where Congress shows they're capable and
willing to step in when a species becomes politically unpopular in a
particular state," he said.
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Brown reported from Billings, Mont.