Wolves

Summary: The purpose of Chapter 58 is to provide an orderly, comprehensive plan for the protection of the natural resources of the state and for the suppression of dangers or threats. Section 5806 the Idaho legislature finds and declares that the state's citizens, businesses, hunting, tourism and agricultural industries, private property and wildlife, are immediately and continuously threatened and harmed by the sustained presence and growing population of Canadian gray wolves in the state of Idaho. The legislature states that "a disaster emergency is in existence as a result of the introduction of Canadian gray wolves, which have caused and continue to threaten vast devastation of Idaho's social culture, economy and natural resources."

Summary: This section comprises Idaho's captive wildlife provisions. Under the law, no person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director. All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. The laws concerning commercial wildlife farms are also included in this section. Additionally, there is also a section on the transition of wolves from federal to state management (36-715).

Summary: This Idaho chapter deals with restrictions on the taking of wildlife, protection of wildlife, and control of predators. Migratory birds are protected under the chapter. The chapter also establishes the right of any person to control, trap, or remove any wild animal damaging private property, within limitations set forth. In particular, the chapter states that wolves may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. The section also sets up procedures for damage caused by game animals such as deer and elk as well as predators like black bears, grizzly bears, and mountain lions.

Summary: This Colorado statute authorized the commissioner of the department of agriculture to appoint and convene an advisory group to study the behavior of hybrid canids (wolf hybrids) and felines, including a review of any incidents involving property damage and personal injury caused by such animals. The department was to present its findings and proposals for legislation in January of 1998.

Summary: This chapter of Arkansas laws concerns the regulation of wolves and wolf-dog hybrids kept as companion animals. Under the law, a "wolf-dog hybrid” means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog; however, no animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance. The specific rabies vaccination requirements for wolf-dog hybrids are detailed as well as confinement requirements (i.e, specific fence dimensions). If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor.

Summary:

The Wyoming Farm Bureau, amateur researchers, and environmental groups appealed an agency to introduce experimental population of gray wolves in a national park and central Idaho. After ruling on the various standing issues, the court held that the ESA section allowing experimental population to be maintained only when it is "wholly separate geographically" from nonexperimental populations includes overlap even with individual members of nonexperimental species.   However, the defendants' treatment of all wolves found within boundaries of designated experimental population areas as nonessential experimental animals was contrary to law as provided in their own regulations.   Therefore, the court ordered that Defendants' Final Rules establishing a nonessential experimental population of gray wolves in Yellowstone National Park in Wyoming, Idaho, Montana, central Idaho and southwestern Montana was unlawful.   Further, that by virtue of the plan being set aside, defendants must remove reintroduced non-native wolves and their offspring from the Yellowstone and central Idaho experimental population areas.  This decision was reversed in 199 F.3d 1224.

Summary:

The Government issued regulations which allowed for the sport hunting of the Eastern Timber Wolf  (otherwise known as the gray wolf) in Minnesota, where the wolf was listed as threatened.  The court held that such regulations were invalid because the Endangered Species Act, Section 4(d) required that such regulations must be "for the conservation" of the wolf, which means for the best interest of the wolf.  The court found that the hunting of the wolf in this manner did not have the motive of the best interest of the wolf in mind.

Summary:

Environmental and wildlife organizations brought challenge under the Endangered Species Act [ESA] against a final rule promulgated by the U.S. Fish and Wildlife Service [FWS] designating the Western Great Lakes distinct population segment of gray wolves and simultaneously delisting it from the ESA.  The court vacated and remanded the Rule to the Fish and Wildlife Service because the ESA was ambiguous about whether it authorized the FWS to simultaneously designate and delist a distinct population segment.  There was no Chevron deference due.

Summary:

Several wildlife organizations challenged the U.S. Fish and Wildlife Service's designation and delisting of the Northern Rocky Mountain gray wolf distinct population segment under the Endangered Species Act.  This decision involved a motion for preliminary injunction.   The court found that the plaintiffs had a substantial likelihood of success on the merits and the organizations and wolves would likely suffer irreparable harm in the absence of a preliminary injunction.  Thus, the motion for preliminary injunction was granted.

Summary:

Conservation groups brought action against Final Rule promulgated by the U.S. Fish and Wildlife Service to reclassify the gray wolf from endangered to threatened in most of the United States.  The Rule created Eastern and Western Distinct Population segment and simultaneously downlisted them from endangered to threatened under the Endangered Species Act [ESA].  The Final Rule deviated significantly from the Proposed Rule and thus failed to provide adequate notice and opportunity for comment to the public, and the court also found the Final Rule an arbitrary and capricious application of the ESA.