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Tuesday, July 29, 2014

Idaho Suspends Wilderness Wolf-Killing Plan In Face of Court Challenge

Ken Cole
On July 29, 2014 ·

POCATELLO, Idaho – Faced with a legal challenge by conservationists and an imminent hearing before a federal appeals court, the Idaho Department of Fish and Game (“IDFG”) has abandoned its plan to resume a professional wolf-killing program in the Frank Church-River of No Return Wilderness during the coming winter.

In a sworn statement submitted to the U.S. Court of Appeals for the Ninth Circuit on July 24, 2014, IDFG Wildlife Bureau Chief Jeff Gould stated that IDFG “will not conduct any agency control actions for wolves within the Frank Church River of No Return Wilderness before November 1, 2015.” IDFG had previously advised the court that the program could resume as early as December 1, 2014.

A professional hunter-trapper hired by IDFG killed nine wolves in the Frank Church Wilderness last winter and state officials in February announced plans to kill 60 percent of the wolves in the Middle Fork section of the wilderness over a period of several years in an effort to inflate wilderness elk populations for the benefit of commercial outfitters and recreational hunters.

“As we mark the 50th anniversary of the Wilderness Act this September, we are relieved that the Frank Church Wilderness will be managed as a wild place, rather than an elk farm, for at least the coming year,” said Earthjustice attorney Timothy Preso, who is representing conservationists challenging the wilderness wolf-killing program. “Now we must make sure that wilderness values prevail for the long term.”

Earthjustice is representing long-time Idaho conservationist and wilderness advocate Ralph Maughan along with four conservation groups—Defenders of Wildlife, Western Watersheds Project, Wilderness Watch, and the Center for Biological Diversity—in the lawsuit challenging the wolf-killing program. The conservationists argue that the U.S. Forest Service, which is charged by Congress with managing and protecting the Frank Church Wilderness, violated the Wilderness Act and other laws by allowing and assisting the state wolf-killing program in the largest forest wilderness in the lower-48 states.

In a separate sworn statement filed with the Ninth Circuit on July 24, the Forest Service committed to providing the conservationists with notice by August 5, 2015 of any plans by IDFG to resume professional wolf-killing in the Frank Church Wilderness during the 2015-16 winter, as well as “a final determination by the Forest Service as to whether it concurs with or objects to such plans.”

“IDFG’s announcement now gives the Forest Service the chance to play out its mission—its obligation to protect our irreplaceable Frank Church Wilderness for the American people and for all its wildlife against an effort to turn it into a mere elk farming operation on infertile soil,” said Maughan, a retired Idaho State University professor who was a member of the citizens’ group that drew up the boundaries of the Frank Church Wilderness 35 years ago.

“We are pleased to see this truce in Idaho’s wolf reduction efforts in the Frank Church for a full year,” said Suzanne Stone, Defenders’ regional representative who has worked nearly three decades to restore wolves in Idaho. “The Frank Church is both the largest forested wilderness area and a core habitat for gray wolves in the western United States. Wolves belong here as they have made the ‘Frank’ truly wild again. Ensuring healthy wolf populations here is critical for the recovery of wolves throughout the entire northwestern region.”

“It is hard to imagine a decision more inconsistent with wilderness protection than to allow the hired killing of wolves,” added Travis Bruner, executive director of Western Watersheds Project. “Today, some relief for wild places flows from the news that IDFG will not continue that odious operation this year. Next we will see whether the Forest Service will take action to protect the Frank Church Wilderness from such atrocities in the future.”

“It’s time for the Forest Service to stand with the vast majority of the American people by taking the necessary steps to protect wolves in the Frank Church-River of No Return Wilderness for the long-term, not just the next 15 months,” stated George Nickas, executive director of Wilderness Watch. “Wolves are the epitome of wildness. Their protection is key to preserving the area’s wilderness character.”

“We’re glad Idaho’s wolves are rightly getting a reprieve from the state’s ill-conceived predator-killing plan, at least for a year,” said Amy Atwood, senior attorney at the Center for Biological Diversity.  “We’re also happy to see the Forest Service agree to be more transparent about any future decision to allow Idaho to kill wolves in the Frank Church.”

BACKGROUND: The Ninth Circuit Court of Appeals had scheduled an August 25, 2014 court hearing to address the conservationists’ request for an injunction to prevent IDFG from resuming its program of professional wolf killing in the Frank Church Wilderness during the coming winter. IDFG commenced the program in December 2013 without public notice but abruptly suspended the program on January 28, 2014 amidst emergency injunction proceedings before the Ninth Circuit. Since then, the conservationists have continued to press their case for an injunction before the Ninth Circuit, which led to the scheduled August 25 court hearing.

Because IDFG has abandoned the 2014-15 professional wolf-killing program in the wilderness, the conservationists have agreed to forego the scheduled court hearing, but they renewed their call for the Forest Service to fulfill its legal duty to protect the Frank Church Wilderness.

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