Star-Tribune Editorial Board
The federal government deserved to be chastised by Gov. Dave Freudenthal last week for its flip-flop on the state's wolf management plan.
But the plan itself still isn't worth fighting for. We can't understand why the governor is intent on going back to court to defend it.
Nearly everyone agrees that Wyoming would be much better off if the state managed its wolf population instead of the feds. But the state's stubbornness means that by the end of the year, the U.S. Fish and Wildlife Service is likely to have a plan to delist wolves from federal protection in Montana and Idaho, but not Wyoming.
Very little that the Fish and Wildlife Service has done has made sense. The agency repeatedly rejected Wyoming's plan to allow wolves throughout most of the state to be classified as predators and shot on sight. But earlier this year, without explaining its decision, the feds reversed course and accepted Wyoming's plan. In March, the agency lifted federal protection for gray wolves under the Endangered Species Act, and the state took over.
After a coalition of environmental groups sued, U.S. District Judge Donald Molloy of Montana reinstated federal protection in the three states last month through a preliminary injunction. He criticized Wyoming's dual classification of wolves as trophy game animals in the Yellowstone area and as predators everywhere else.
Fish and Wildlife immediately caved in, announcing it accepted the judge's decision and that it would take over management of wolves in the state. Wyoming Game and Fish disbanded its wolf management team, and the state's attorneys prepared to proceed alone in the court battle.
The governor's office accuses Fish and Wildlife of allowing "politics and public relations concerns" to drive the decision-making process for a new delisting rule, instead of science. The state maintains that its dual classification of wolves would allow an adequate number of breeding pairs to survive. That's debatable, but having the debate at all really isn't essential.
It's generally politically popular in Wyoming to fight the federal government, but in the case of wolf management, it just doesn't make sense when the alternative is preferable. Why not extend the trophy game zone near Yellowstone to include the entire state? Then Game and Fish could create a hunting season that would allow wolf packs to be thinned but not decimated. That should satisfy the judge's concern and let delisting occur.
In addition, the plan would allow for ranchers throughout Wyoming to be compensated for livestock losses due to wolves. That hasn't been part of the dual classification system.
Ranchers would still be able to kill wolves that destroy cattle and sheep. The only difference would be that in most instances, state wildlife agents would do the killing.
Wyoming's renewed refusal to drop the predator status wipes out all of the progress that has been made on delisting in recent years. The state is back to square one, looking at a lengthy legal fight while the feds prepare to allow Montana and Idaho to move forward with their respective state plans.
The Legislature will have an opportunity to address the issue in January. Let's hope that a majority of lawmakers will see the wisdom in dropping their insistence on the dual classification system so the state can once again take over wolf management from the feds. If not, state management isn't likely to happen any time soon.
Reader Comments
Comments to this story.
Dismayed wrote on Nov 30, 2008 7:53 AM:
I challenge the CST to have their environmental lawyers find out just how many millions are awarded to these groups every year. That money comes straight from the taxpayers pockets to the coffers of these groups to file more lawsuits. "
Lamp Lighter wrote on Nov 30, 2008 8:14 AM:
Thank you wrote on Nov 30, 2008 9:44 AM:
what a wift wrote on Nov 30, 2008 3:37 PM:
However that other animal we seem to be spending so much on was reintroduced thousands of years after nature decided to allow its extinction in the Americas.
So I believe that since a wolf can take down a horse there needs to be packs established in those areas the reintroduced wild horse herds are also to assist with managing the herds.
After all the wolf was here and established through natural selection so they have first dibs. The horses were gone via extinction and reintroduced into wolf territory. Hey a wolf has to have something to eat and I say give it variety. "
Jonesy wrote on Dec 1, 2008 8:09 AM:
Bill of Rights Article X: “The powers not delegated to the United States by the Constitution are reserved to the States respectively, or to the people.” You may look in vain for the word “wildlife” in the Constittution, therefore it is a state issue, not fed. Therefore, any federal agent who manages wildlife in Wyoming is violating his oath of office to uphold and defend the Constitution.
The US Supreme Court has upheld that principle for over 200 years.
"It is a well established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears" Foley Brothers v. Filardo 336 U.S. 281 (1948)
“There is a canon of legislative construction which teaches Congress, that, unless a contrary intent appears, legislation is meant to apply only within the territorial jurisdiction of the United States." U.S. v. Spelar, 338 U.S. 217 at 222
"The laws of Congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government.” Economy Plumbing and Heating Co. v. United States, 470 F. 2d 585 (1972)
USC 18 Rule 54(c) ''Act of Congress'' includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession."
Conclusion: we are fighting the wrong battle. The fight should be over state's rights, and the Supreme Court uphold our sovereignty over wildlife. "
Lamp Lighter wrote on Dec 1, 2008 7:23 PM:
yeah but wrote on Dec 1, 2008 8:22 PM:
Get a grip of reality wrote on Dec 1, 2008 9:50 PM:
The Value of Game Animals to TOURISM is considerable. Poor management of Wolves will negatively affect Wyoming in many ways.
If you believe that the FEDS will manage wolves then you had better see the article also in todays paper about Wild horses. Overpopulated and shipped out of Country to kill/manage.
Horses could contribute to the economy if managed properly, which isn't happening now.
The cheaper cost of the Predator area will make it worth defending. In either case the BIG city nuts Wolf lawsuits will continue.
The Big city folks are more than happy to let Wyoming CHOKE on the Wolves while spending our money to manage Wolves forever. For that reason alone the Wolf plan is worth defending!
Everybody loves a party if someone else pays the bill! "
Grow up people wrote on Dec 2, 2008 9:25 AM:
Get a grip of reality wrote on Dec 4, 2008 10:03 PM:
The comments I made previously remain valid. The Feds will manage Wolves no better than they manage Wild horses. Wyoming had to go to court to obtain some form of Wild horse management as it was promised. I'm tired of my tax money going to get the feds to do what they agreed to do with Wild horses and now with Wolves for people who want to change good plans.
Introduced for "Yellowstone" and the Feds have played "bait and switch"
since Wyoming agreed to 10 breeding pairs and then raised it to 15.
Check the record on Grizzlys. Feds pay maybe $40,000. per year while Wyoming pays $ 1.5 Million.
Yes, COST and the effect to livestock operators, hunters, photographers people that value Other wildlife (not just Wolves) is ENOUGH reason to defend this plan. "
jonesy wrote on Dec 5, 2008 1:28 PM:
Regarding the ESA "entering my frenetic thoughts". Did you read the Supreme Court quotes? They pertained to an "Act of Congress". Isn't the ESA the Endangered Species Act (of Congress)? It applies to all federal territories. The only reason they get away with implementing it in the states is that we let them. We are totally brainwashed that we think everything that Congress does applies to us. It doesn't. If you will give me your email I'll send you 150 Supreme Court cases upholding that principle. Mine is jonesy@svwy.net "
jonesy wrote on Dec 8, 2008 5:46 PM:
Regarding the ESA "entering my frenetic thoughts". Did you read the Supreme Court quotes? They pertained to an "Act of Congress". Isn't the ESA the Endangered Species Act (of Congress)? It applies to all federal territories. The only reason they get away with implementing it in the states is that we let them. We are totally brainwashed that we think everything that Congress does applies to us. It doesn't. If you will give me your email I'll send you 150 Supreme Court cases upholding that principle. Mine is jonesy@svwy.net "
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