Paul Egan , Detroit Free Press4:24 p.m. EST November 24, 2016
LANSING — Michigan’s 2014 wolf hunt law is unconstitutional, the Michigan Court of Appeals has ruled in an opinion released Wednesday.
In a unanimous decision, a three-judge panel of the court said the law providing for a Michigan wolf hunt violates the “title-object clause” of Michigan’s constitution, which says “no law shall embrace more than one object,” and that object “shall be expressed in its title.”
The court said a provision of the law allowing for free hunting, trapping, and fishing licenses for qualified members of the military is unconnected to the law’s object of providing for scientific management of game, fish and wildlife habitat. The entire law must be struck down, because it isn’t clear the law would have been approved if that provision had not been included, the court said.
The ruling in favor of the group Keep Michigan Wolves Protected overturns an earlier ruling by the Michigan Court of Claims.
In 2011, the federal government removed the gray wolf from its endangered species list in Michigan, but the group that challenged the law says there are fewer than 650 gray wolves left in Michigan and they should not be hunted.
After earlier failed efforts to add wolves to the definition of “game” in Michigan, the Michigan Legislature in 2014 adopted a voter initiative backed by Citizens for Professional Wildlife Management, which gave the Michigan Natural Resources Commission joint responsibility, with the Legislature, to name new game animals. The law, which took effect in March 2015, included a $1 million appropriation, making it immune from being challenged through another referendum.
White wolf by Jim Cunning
Two wolf hunt laws that were on the ballot in 2014 were rejected by voters.
Keeping Michigan Wolves Protected challenged the law, alleging misrepresentations were made by petition circulators and violations of the state constitution. But the Michigan Court of Claims rejected those arguments.
In the new Michigan Court of Appeals ruling, the panel says that Keeping Michigan Wolves Protected essentially viewed the law as “a Trojan Horse, within which the ability to hunt wolves was cleverly hidden.”
The court said that “however accurate the plaintiff may be in its assessment of why (the law) came into being, our analysis is not about policy,” but “based on an analysis of the dictates of Michigan’s constitution.”
Jill Fritz, director of Keep Michigan Wolves Protected, said the law “was a blatant power grab by politicians to take away voting rights from Michigan citizens,” and “we are delighted the court has rejected the Legislature’s outrageous attempt to subvert the will of the people.”
She said the ruling “restores the people’s decision, in two statewide votes, overwhelmingly rejecting the trophy hunting and commercial trapping of the state’s small population of wolves.”
A spokesperson for the group that pushed for the law, Citizens for Professional Wildlife Management, could not immediately be reached for comment.
The court’s panel consisted of Judges Donald Owens, Joel Hoekstra and Jane Beckering.
Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.
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The State of the Wolves, 2015-2016
Wolf image public domain via Pixabay
For wolves and their advocates, 2015 was a year of triumph and tragedy. The year began with the glow from a great victory: wolves had been placed back under federal protection in four states where they had been slaughtered. The year ended with advocates breathing a tired sigh of nervous relief that wolves had not been stripped of that federal protection through a last-minute, cagey congressional rider.
Meanwhile, wolves did what comes naturally: dispersed in search of mates and territory. Wolves returned to their home in a state where they had not walked in ninety years. In other wolf states they dispersed into new areas.
And we humans also did what comes naturally: we let our wide-ranging beliefs about these essential predators bring out our best and worst. In one state, pro-wolf and anti-wolf groups met regularly to try and find common ground. In another state, a poacher in his truck chased an innocent wolf down, shot it, turned himself in, and was fined a measly $100 for killing an endangered animal.
Here is a wolf-state-by-wolf-state report on the triumphs and tragedies of 2015. As well as a glimpse into what 2016 may hold in store for wolves and their advocates.
California
Pups from California’s Shasta pack. (CDFW)
In May and July, trail cameras in Siskiyou County recorded images of two adult wolves and five pups. California’s first wolf pack was named the Shasta Pack. Their scat was analyzed, and DNA revealed that the Shasta pack’s breeding female was born into Oregon’s Imnaha Pack, that state’s first wolf pack.
Any wolf that enters California is protected under both state and federal Endangered Species Acts. The California Department of Fish and Wildlife (CDFW) will encourage the use of non-lethal methods to minimize livestock losses from wolves. This welcoming of wolves was, for Patricia Herman, founder of California-based Protect the Wolves advocacy group, “…our biggest success after fighting for so long with so many states to stop killing them. When we found a state that actually welcomed the idea of wolves it was a dream come true.”
The gray wolf is native to California. Records from 1750 to 1850 show that wolves roamed California’s Coastal Range from San Diego to Sacramento. From 1850-1900, they were spotted in Shasta County and in the central Sierra Nevada.
California has plenty of room for more wolves. The Klamath-Siskiyou and Modoc Plateau regions in northern California and southwestern Oregon could support up to 470 wolves, according to a study conducted by the Conservation Biology Institute and reported by the California Wolf Center.
CDFW is preparing for the return of wolves by developing a wolf management plan. “But the plan steps far outside the bounds of credible research and into the world of special interest-driven politics when it calls for authorizing the state to kill wolves when the population reaches as few as 50 to 75 animals,” says Amaroq Weiss of the Center for Biological Diversity. The deadline to comment on California’s plan is February 15, 2016.
Oregon
Wolf from Oregon’s Wenaha pack. (ODFW)
By early 2015 Oregon had 81 wolves in nine packs, most in eastern Oregon. OR-7’s Rogue pack lives in the southwestern part of the state. The Oregon Department of Fish and Wildlife (ODFW) confirmed that two new wolves were spotted traveling in territory near the Rogue pack.
Oregon’s response to the return of wolves has been positive. “Oregon has been the only state in the nation with a meaningful wolf population that did not kill them despite having the authority to do so,” said Rob Klavins of Oregon Wild.
But that may change. In November, ODFW stripped Oregon’s wolves of state endangered species protection. Wolves remain fully protected in the western two-thirds of state under the federal Endangered Species Act. In Northeast Oregon, where most of the wolves live, ranchers can still only shoot a wolf caught in the act of wounding, biting, killing, or chasing livestock. The state still makes non-lethal deterrence the first choice for resolving conflicts between ranchers and wolves.
To delist wolves, ODFW had to show that wolves were not in danger of extinction or population failure. The agency claims it did that. Klavins says ODFW did not. “They ignored substantive critiques from world-renowned scientists while justifying delisting based on a few sentences (in some cases cherry-picked) from a small number of selected experts of varying levels of credibility. They ignored over 20,000 public comments and overwhelming public testimony in favor of continued protections. They ignored troubling conflicts of interest and likely violated important legal requirements. The agency was dishonest with conservation stakeholders. Governor Brown was silent.”
On December 30, Oregon Wild, Cascadia Wildlands, and the Center for Biological Diversity filed a legal challenge to the removal of protection from gray wolves under Oregon’s Endangered Species Act.
Washington
Pups from Washington’s Diamond pack. (WDFW trail cam)
By early 2015, Washington had at least 68 wolves in 16 confirmed packs in the eastern and central portions of the state. Though Congress stripped wolves of federal Endangered Species Act protections in the eastern third of the state, all wolves remain protected under Washington’s ESA.
But, as elsewhere, protection hasn’t stopped the killing. According to the Seattle Times, at least half a dozen Washington wolves have been killed by poachers since 2012. This includes a Whitman County poacher fined a measly $100 last September. Another wolf was struck and killed on Interstate 90. State sharpshooters in helicopters shot and killed seven wolves in one pack in 2012 for preying on livestock.
The Western Environmental Law Center (WELC) went to court to stop such state-sponsored killing. WELC sued Wildlife Services, a federal extermination program under the USDA, challenging its authority to kill wolves in Washington. In late December the Seattle Times reported that a federal judge ruled that killing wolves “to reduce predation on livestock is not only highly controversial, but highly uncertain to work as intended, given the ongoing scientific dispute about the policy. Therefore, the agency must complete a full environmental-impact statement before engaging further in “lethal removal” of wolves…”
As of early December, north-central Washington has a new wolf pack. The Loup Loup pack was identified after numerous reports of wolf sightings prompted wildlife officials to investigate the Methow Valley. Biologists tracked up to six animals traveling together. Because this pack is in western Washington, the animals are protected under the federal ESA. Officials plan to outfit at least one wolf with a radio collar.
Wolves have also been spotted in the North Cascades, where they have been moving back and forth across the Canadian border. Scientists have identified more wild landscape in Washington that wolves could occupy, including on the Olympic Peninsula.
Idaho
Idaho wolf. (IDFG)
The most recent official count found 770 wolves surviving in Idaho at the end of 2014. In that same year, hunters killed 256 wolves, wildlife agents killed 67, and 19 other wolves died at the hands of humans.
And 2015 looks to be as deadly. Wildlife Services has removed 70 wolves and as of early December 120 wolves have been shot or trapped, according to the Idaho Department of Fish and Game. And 145 more could still die.
The cost of hunting licenses reveals how Idaho values wolves. A wolf tag costs $11.50, while a turkey tag costs $19.75. A tag to take an elk costs $30.75. Hunters may buy up to five wolf hunting tags per year and use electronic calls to attract wolves.
A group of hunters with the misleading name Idaho for Wildlife was planning a January 2016 wolf and coyote killing derby on public lands near Salmon, Idaho. The contest included a $1,000 prize for whoever kills the most wolves and another $1,000 to the killer of the most coyotes. But in mid-November the group canceled the derby after being challenged in the courts by the Western Environmental Law Center, representing WildEarth Guardians, Cascadia Wildlands, and the Boulder-White Clouds Council. Four other groups—Defenders of Wildlife, the Center for Biological Diversity, Western Watersheds Project, and Project Coyote—also sued the Bureau of Land Management, contending the permit opposes the federal government’s wolf-reintroduction efforts.
Both lawsuits continue since the derby organizer has said that the derby would be held in January—but on private ranches in the Salmon area and on U.S. Forest Service land that doesn’t require a permit.
In early-August, conservation groups won another victory for Idaho wolves. Earthjustice, representing Ralph Maughan, Defenders of Wildlife, Western Watersheds Project, Wilderness Watch, and the Center for Biological Diversity, had filed a federal lawsuit to halt the killing of wolves in Idaho’s Frank Church River of No Return Wilderness. Idaho wanted to kill 60% of the wolves in this federally protected area managed by the USFS. But the USFS has told Earthjustice that Idaho will kill no wolves in the area in the winter of 2015-2016.
Montana
Wolf from Montana’s Smart Creek pack. (MFWP)
The number of gray wolves in Montana continues to fall under state management. The verified population at the end of 2014 (latest data) was 554, as compared to 627 wolves at the end of 2013, according to Montana Fish, Wildlife and Parks (MFWP). In 2011, the year wolves were stripped of ESA protection, there were 653 wolves in Montana.
In 2014, 308 wolves died; 301 at the hands of humans. Wildlife managers, including Wildlife Services, killed 57 of those wolves. Hunters killed 206 during the state’s expanded 2014-15 hunting season. A wolf-hunting license costs $19 for residents, and 20,383 wolf licenses were sold in 2014. The combined maximum hunting and trapping bag limit is five wolves per person.
Conservation groups saved some wolves from hunters. In July of 2015 The Montana Fish and Wildlife Commission reduced from three to two the number of wolves that can be killed each year in two hunting districts near the north border of Yellowstone National Park. These districts are two of the three more tightly controlled wolf-hunting districts in the state. The third is near Glacier National Park, which already had a quota of two wolves. This quota reduction represents ongoing success: In 2014 wolf advocates were able to get the quota in those two units adjoining Yellowstone reduced from four to three wolves.
Also in 2015 MFWP brought together groups that want to protect wolves (for example, Wolves of the Rockies, Bear Creek Council, Natural Resources Defense Council, and Montana Audobon Society) and groups that want to shoot wolves (Rocky Mountain Elk Foundation, Montana Bowhunters’ Association, and Montana Stockgrowers’ Association). The groups discussed, among other issues, whether non-hunting conservation groups and hunter conservation groups can find common ground. “This is a promising move forward in working together for the betterment of wildlife management and is open to the public to attend,” said Kim Bean, vice-president of Wolves of the Rockies.
Wyoming
Wolf from Yellowstone’s Lamar Canyon pack. (Mary Strickroth)
At the end of 2014 (most recent count), Wyoming had 229 wolves in the state with an additional 104 in Yellowstone National Park for a total of 333 wolves.
In 2014 Earthjustice, representing Defenders of Wildlife, the Sierra Club, Natural Resources Defense Council, and the Center for Biological Diversity, fought in court to keep Endangered Species Act protections for wolves in Wyoming. The coalition won and stopped the killing of Wyoming’s wolves. The federal government and the state of Wyoming have appealed. “Wyoming appears determined to defend its uniquely hostile approach to wolf management,” said Tim Preso, managing attorney for Earthjustice.
History supports Preso’s statement. The federal government turned wolf management over to Wyoming in 2012. Most of the state was designated a predator zone, where anyone could kill any wolf, at any time, and for any reason. In less than two years, more than 200 wolves were slaughtered, according to Jamie Rappaport Clark, president of Defenders of Wildlife. Among the early victims of Wyoming’s killing spree was 06, the famous alpha female of Yellowstone’s Lamar Canyon pack.
The return of ESA protection has not stopped the killing. Kierán Suckling, executive director of the Center for Biological Diversity, reported in late-October that 55 wolves have been killed in Wyoming—mostly by Wildlife Services—and that is the largest government-funded wolf killing in eight years.
In mid-November, two U.S. senators (Republicans from Wyoming and Wisconsin) vowed to push to strip federal protection from gray wolves in Wyoming and the Great Lakes states—and to prohibit courts from intervening in those states on the embattled predator’s behalf.
The Great Lakes States
Wolf photo by USFWS
In June, the U.S. Fish and Wildlife Service (USFWS) estimated that 3,722 wolves live in the three Great Lakes states, Minnesota, Michigan, and Wisconsin. About sixty percent of those wolves roam Minnesota. The remainder is split almost evenly between Michigan and Wisconsin.
In December of 2014, all of those wolves came back under the protection of the federal Endangered Species Act. Relisting was a huge victory for wolf advocates, but fighting to keep them listed, says Rachel Tilseth, of Wolves of Douglas County Wisconsin, has been the biggest challenge of 2015. She told Wisconsin Public Radio, “Can states be trusted to manage wolves? I think not, and many other scientists agree that individual states cannot be trusted.”
In November two groups of scientists wrote letters about whether the gray wolf should be delisted as an endangered species.
First came a letter signed by 26 wildlife scientists urging the federal government to strip ESA protection from gray wolves in the western Great Lakes region. The scientists sent the letter to U.S. Interior Secretary Sally Jewell and Dan Ashe, director of USFWS. Among those writing the letter were David Mech, a wolf specialist with the U.S. Geological Survey and the University of Minnesota. The scientists say that the integrity of the ESA is undercut if species aren’t removed when they’ve scientifically recovered. They believe that the combined population in Michigan, Minnesota, and Wisconsin represents recovery.
Less than a week later a group of 70 scientists and scholars wrote an open letter disagreeing with their colleagues. These scientists said that removing ESA protection from wolves in Michigan, Minnesota, and Wisconsin could be justified if and when the USFWS “uses the best available science that justifies delisting,” But, they added, ”Currently, it does not.”
“Quite simply, wolves still fit the legal definition of endangerment in the Great Lakes region and nationwide,” said the scientists, including John Vucetich and Rolf Peterson of Michigan Technological University, leaders of a long-standing study of wolves at Isle Royale National Park in Lake Superior.
The Associated Press reported that in the rebuttal letter, the scientists said public tolerance of wolves has risen substantially since they were given protection. Any suggestions that patience is wearing thin are spread by “special interest groups that are vocal, but small in number.”
Michigan
Michigan wolf (MDNR)
Michigan has about 630 wolves and all were believed to reside in the Upper Peninsula. In September, the website Michigan Live reported that the Michigan Department of Natural Resources (MDNR) confirmed that a second gray wolf has reached the Lower Peninsula. Genetic testing of male wolf scat found that this dispserser may have originated in northeast Ontario. Though wolves have moved into the Lower Peninsula, there’s not yet evidence of a breeding population.
Meanwhile, in Isle Royale National Park, the wolf population has fallen to three, including one deformed from inbreeding. In 2014, park officials hoped that new wolves would come to the island across ice bridges, but that didn’t happen. “There is now a good chance that it is too late to conduct genetic rescue,” John Vucetich told UPI. Vucetich and Rolf Peterson suggest that fewer and smaller ice bridges as well as development on the mainland may hinder repopulation.
Minnesota
The Minnesota Department of Natural Resources said in August that the state’s wolf population estimate has not varied “significantly” over the last three years. The latest survey estimates that 2,221 wolves live in 374 packs within northern and central Minnesota. That estimate is down from the previous winter’s estimate of 2,423 wolves.
Wisconsin
In June, wildlife officials announced that the state’s wolf population is close to an all-time high. Preliminary surveys conducted by the Wisconsin Department of Natural Resources (WDNR) place current wolf numbers between 746 and 771, about a 13 percent increase from last year’s 660.
In August, WDNR reported that a pack of three to four wolves resides in the Wisconsin Dells area, according to WiscNews. Except for one other location in the state’s southwest, this is the farthest south that wolves have migrated in Wisconsin.
A Look Ahead to 2016
Here’s how some of the advocates contacted for this report see 2016 shaping up.
Wolf photo public domain via Pixabay
“Sadly, our wolf, wildlife, and environmental issues will play out in the political arena based largely on special interest and politics, not on science, conservation, or preservation,” says Dr. Robin Chriss of Chriss Wildlife Consulting. “We need to be there in solidarity as wolf advocates, to be a voice. If not, we will lose a lot in 2016.”
“Corporate ranchers and farmers,” says Patricia Herman of Protect the Wolves, “don’t want to learn to coexist with wolves. They just want to continue to take more and more land, until there is no room for wildlife anywhere.”
“Keeping the Great Lakes wolves under federal protection,” says Rachel Tilseth of Wolves of Douglas County Wisconsin, “is and will be the biggest challenge of 2016.”
For Oregon Wild’s Rob Klavins, 2016 looks scary. “Anti-wolf interests and their political allies have brought anti-wolf legislation every year since wolf recovery began. They’ve promised to do so again, and wolves have lost some of their champions in recent years.”
Kim Bean from Wolves of the Rockies believes the attack on the ESA will continue and “wolves will most likely be delisted nationally.” This leaves the states to manage wolves without any federal help. “We as advocates,” advises Bean, “need to stand and fight even harder, and will need the help of an empathetic public to do so. We need one loud and powerful voice.”
In the Temple of Wolves
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Posted by Rick Lamplugh at 7:43 AM, January 2, 2016
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Wolf Is My Soul 