Managing Idaho Wolves Under the Endangered Species Act

The U.S. Fish and Wildlife Service reintroduced fifteen wolves into Idaho in 1995. At that time, the Idaho Legislature strictly limited Idaho Department of Fish and Game involvement with wolves and wolf recovery. The Fish and Wildlife Service proceeded with recovery and contracted with the Nez Perce Tribe to implement wolf management in Idaho. In 1996 an additional 20 wolves were reintroduced. Since then, the number of wolves in Idaho has increased.

In 2003, the Legislature changed the law to allow Fish and Game to participate in wolf management and the delisting efforts. By the end of 2006 the wolf population had grown to more than 700 wolves in 71 documented packs well distributed throughout Idaho.

Wolves in Idaho south of I-90 are listed as “experimental, non-essential,” under Section 10(j) of the Endangered Species Act.

Rules governing management of wolves north of I- 90 differ from south of I-90. In 2003, the Fish and Wildlife Service began the process of delisting wolves in the West. Under the Endangered Species Act, the Fish and Wildlife Service will de-list wolves when the population has recovered and the combined policies of Idaho, Montana, and Wyoming provide an “adequate regulatory mechanism” to govern wolf management. To be “adequate” means to assure that if the states took over management, the wolves would be protected and maintained as a viable population sufficiently distributed among the three states.

The Fish and Wildlife Service interprets the Endangered Species Act to mean that the three states have to provide wolf management plans and establish state laws that satisfactorily provide these protections. The states of Idaho and Montana have completed their plans and state laws, and they were deemed acceptable by the Fish and Wildlife Service. Wyoming's plan was not acceptable, therefore it is expected that delisting will be delayed until Wyoming makes adjustments to its plan or courts rule otherwise.

The revised 10(j) rule (see below) applies only within Idaho and Montana, until Wyoming's plan is accepted by Fish and Wildlife. The revised 10(j) rule is designed as an interim measure to transition states into full management authority with delisting. The ultimate goal for the state and federal government is to recover wolves and delist them.

Wolves reached the federal biological recovery goal in December 2002, which is "30 breeding pairs of wolves well distributed throughout the three states of Idaho, Montana, and Wyoming for three consecutive years.'

In 2003, the Fish and Wildlife Service reclassified, or down-listed wolves from endangered to threatened in Idaho north of I-90, and northern Montana, and everywhere within the western Distinct Population Segment (see Down-listing Rule, (PDF format, 470 KB). On January 31, 2005, a federal court judge remanded the downlisting rule, and therefore wolves would be reclassified as endangered again within the Distinct Population Segment outside of the experimental population areas (see Down-listing rule remanded (PDF format, 76 KB).

What is the 10(j) rule?
The revised 10(j) rule (PDF format) governing management of wolves in the experimental area took effect February 7, 2005. The rule allows more flexibility for Idaho:

Private Land

• Wolves seen attacking livestock (PDF format, 702 KB), livestock herding and guarding animals, and dogs (PDF format, 252 KB) on private land can be shot by the landowners without prior written authorization. It must be reported within 24 hours and there must be evidence of a wolf attack such as dead or wounded livestock, trampled vegetation, and mixed wolf and livestock sign. State lands are considered private for the purpose of this rule, and permitted livestock producers on state land can kill a wolf attacking their livestock.

Public Land

• Wolves attacking, chasing, molesting, or harassing livestock and livestock herding and guarding animals on public federal lands can be shot by grazing permittees and guide/outfitters that use livestock as part of their federal land-use permit, on their active livestock allotments, and on public ceded lands by tribal members, without prior written authorization. It must be reported within 24 hours and there must be physical evidence of a wolf attack.
• Under some circumstances landowners and public land grazing permittees and guide/outfitting permittees may be issued written authorization to use rubber bullets to harass wolves, or shoot-on-sight permits to kill wolves on their private land or their federal grazing federal allotments. Also under the revised rule, wolves determined to be causing unacceptable impacts to deer and elk populations can be controlled. This is allowed only after the states complete science-based documents that have undergone public and peer review and have been approved by the Fish and Wildlife Service.
  
  Under the revised rule, the states of Idaho and Montana each have developed agreements with the Fish and Wildlife Service, listing authorities and responsibilities to lead gray wolf management in their states. Wolves in Wyoming still are managed under the old 10(j) rule, because that state doesn't have a wolf management plan approved by Fish and Wildlife Service.

What does state management mean for wolves?
In April, 2003, the Idaho Legislature passed a bill that allows the state to participate in wolf management. The bill, H0294, allows the Idaho Department of Fish and Game to assist the Governor's Office of Species Conservation in implementing the State of Idaho's Wolf Conservation and Management Plan (PDF format, 662 KB), as well as participate in wolf management with the Fish and Wildlife Service and the Nez Perce Tribe.

The state wolf plan requires that a minimum of 15 packs of wolves be maintained in Idaho. In December 2005, Idaho had at least 36 verified breeding pairs and 61 packs well distributed across the state. The revised 10(j) rule allows the state to manage and conserve wolf populations and reduce conflicts between wolves and human interests. The goal is to maintain healthy wolf populations with reasonable management that would ultimately lead to delisting wolves.

Once delisted, wolves would be managed in a manner similar to black bears and mountain lions. When feasible and legal, the state would propose hunting wolves to provide opportunity for harvest of wolves, as well as to reduce problems with livestock and to maintain a balance between wolves and their prey. In some areas, trapping also may be allowed. All control methods now used by Wildlife Services and the Fish and Wildlife Service would be used by the state.

What will the other agencies do?
Fish and Wildlife Service officials will continue to oversee wolf recovery as they work towards delisting. They will lead enforcement activities associated with illegal wolf kills. They will review proposals by the states to control wolves. They will provide assistance when needed.

The U.S. Department of Agriculture’s Wildlife Services will be the primary agency responsible for wolf depredation and control. The agency will work closely with Idaho Fish and Game and livestock operators to assure wolf problems are minimized.

The Nez Perce Tribe and the state have negotiated a Memorandum of Agreement (PDF Format, 1.3 MB) that outlines a significant role in wolf related activities for the Tribe in north central Idaho, as well as provide the Tribe with a wolf harvest agreement.

Land management agencies, such as the Forest Service and Bureau of Land Management, will be responsible for their regular land management duties, but Idaho Fish and Game will request their help in monitoring and managing wolves. Montana and Idaho fish and game departments will coordinate closely on wolf management and pack activity along the border.