USSA Weighs Legal Options in Great Lakes Wolf Battle

USSA Weighs Legal Options in Great Lakes Wolf Battle
USSA Weighs Legal Options in Great Lakes Wolf Battle

On Dec. 20, a federal district court judge in Washington D.C. struck down the delisting of wolves in the western Great Lakes region, and returned them to federal protection under the Endangered Species Act. This move was not based upon the population of wolves—which have clearly recovered in the area—but instead, U.S. District Court Judge Beryl A. Howell ruled that until wolves are re-established in their historical range (which would apparently include New York City, Washington D.C., Seattle, etc.) they cannot be considered recovered in Michigan, Minnesota or Wisconsin, no matter how large the wolf populations in those three states.

For nearly a decade, the U.S. Sportsmen’s Alliance Foundation and our partners have led the attempt to delist recovered populations of wolves from the Endangered Species List and to return them to management of individual states.

Judge Howell’s ruling leaves two realistic options for sportsmen, conservationists and those interested in the sound management of fish and wildlife.

Legal Appeal

Judge Howell’s ruling can be appealed to the U.S Court of Appeals in Washington, D.C.


“While we continue to examine Judge Howell’s ruling, there is a strong case to be made that an appeal is not only warranted, but would have a good chance of success,” said Evan Heusinkveld, U.S. Sportsmen’s Alliance Vice President of Government Affairs. “The fundamental purpose of including ‘distinct population segments’ in the Endangered Species Act is so that the Fish and Wildlife Service has flexibility. This includes the flexibility to delist a regionally recovered population such as the Michigan, Minnesota and Wisconsin wolves. Moreover, this also allows them to list a regionally endangered population, and to continue to provide protection in areas where the species has not yet recovered.”


Since 1996, when the Clinton administration implemented the distinct population segment policy in regards to the Endangered Species Act, it was said to apply to both the listing and delisting of animals as endangered species. The district court’s ruling forbidding the delisting of a regionally recovered population is based on a tortured reading of the Endangered Species Act that disregards biology, the law, and agency policy.


“It’s pretty clear that the ESA provides for both listing and delisting based upon a distinct population segment – and that’s what makes this ruling such a surprise,” said Heusinkveld. “This decision is emblematic of the larger problem we’re facing with the ESA—the health of a species is no longer the determining factor in whether to delist.”

Congressional Action

Judge Howell’s ruling also marks the third time in less than a decade that the U.S. Fish and Wildlife Service has been denied the ability to delist western Great Lakes-area gray wolves and return their management to the state level.

“Everyone agrees that wolves in those states have recovered – that’s not the issue,” said Heusinkveld. “Continuing to see legitimate delisting efforts stymied by federal judges might just provide the impetus needed to pursue a congressional fix similar to the action taken by Congress a few years ago to delist wolves in Montana and Idaho.”


This and all other available legislative options are being considered.

As lawyers for the U.S. Sportsmen’s Alliance Foundation carefully review Judge Howell’s ruling and weigh legal and political options as they pertain to the case, at greater stake is the overall manipulation of the broken Endangered Species Act and its impact on individual states, communities and sportsmen.

“It’s the local sportsmen, farmers and citizens in these states that are paying the ultimate price in this game,” said Heusinkveld. “If the courts won’t do the right thing, maybe it’s time that Congress does.”


Recommended for You

Shooters across the U.S. are using this competition shooting mat. Guns

MidwayUSA Pro Series Shooting Mat

G&F Staff

Shooters across the U.S. are using this competition shooting mat.

While misunderstood by some, fishing bottom bouncers can be a very productive technique for walleyes in early summer. Walleye

How to Fish Bottom Bouncers for Walleye

Mark Sak - May 23, 2019

While misunderstood by some, fishing bottom bouncers can be a very productive technique for...

Try these tips to improve your wild boar hunting skill set. Hogs

Quick Tips: How to Spot and Stalk a Hog

Ian Nance - May 28, 2019

Try these tips to improve your wild boar hunting skill set.

See More Recommendations

Popular Videos

As KVD tells OSG's Lynn Burkhead, innovative Humminbird products and cutting-edge technology like that found in the new Mega 360 Imaging sonar are major reasons contributing to his unparalleled success.

Berkley

Berkley's Frittside Crankbaits

World Fishing Network show host Chad LaChance had a chance to visit with legendary crankbait master David Fritts about his new Frittside crankbaits from Berkley. LaChance, host of the Fishful Thinker on WFN, also got a few cranking tips from Fritts, the former Classic and Forrest Wood Cup champion.

Lure Lock Tackle Cases: No-Spill, No-Scent

Lure Lock Tackle Cases: No-Spill, No-Scent

Glenn Walker talks us through the soy-based technology that makes Lure Lock cases spill-proof and scent-proof. With Game & Fish Editorial Director Adam Heggenstaller at ICAST 2019 in Orlando.

See more Popular Videos

Trending Stories

 Catfish tend to be found in shallower water at night, but they are still active during the day; Catfish

Catfish Night & Day: How to Catch 'Em Both Ways

Terry Madewell - April 04, 2018

Catfish tend to be found in shallower water at night, but they are still active during the...

Want to test the outer limits of your shooting skill? There's more to successful long-range Ammo

10 Best Long-Range Cartridges Ever Made

David Hart - January 14, 2015

Want to test the outer limits of your shooting skill? There's more to successful long-range

Who needs live bait when the big 'gills are so eager to strike these lures? Other Freshwater

5 Great Lures For Bluegills

Stephen D. Carpenteri - March 10, 2011

Who needs live bait when the big 'gills are so eager to strike these lures?

See More Stories

More Stories

How a humble Virginia hunter bagged the biggest non-typical whitetail a bowhunter has ever seen. Whitetail

The Story Behind Brewster's World-Record Buck

Lynn Burkhead - October 17, 2019

How a humble Virginia hunter bagged the biggest non-typical whitetail a bowhunter has ever...

Calling all coyotes:'These predators are efficient, so finding and calling them to the gun can Stories

Predator Hunting: 3 Ways to Find Elusive Coyotes

Brad Fitzpatrick - June 26, 2018

Calling all coyotes:'These predators are efficient, so finding and calling them to the gun can

A father and daughter with their dogs on a dry ground mountain lion hunt get more than they bargain Stories

Arizona Mountain Lion Hunt Turns Into Dangerous Jaguar Encounter

Aaron Decker - November 30, 2011

A father and daughter with their dogs on a dry ground mountain lion hunt get more than they...

See More Stories

GET THE MAGAZINE Subscribe & Save

Temporary Price Reduction

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW THIS MONTH'S ISSUE

GET THE NEWSLETTER Join the List and Never Miss a Thing.

×