HOWL Colorado

The state of Idaho is managing wolves without any authority?

[large thumbnail url=”the-state-of-idaho-is-managing-wolves-without-any-authority” filename=”news” year=”2010″ month=”09″ day=”30″] [thumbnail icon url=”the-state-of-idaho-is-managing-wolves-without-any-authority” filename=”news” year=”2010″ month=”09″ day=”30″] Ralph Maughan and Ken Cole of the active wildlife blog, wolves.wordpress.com, believe that the state of Idaho doesn’t have any legal right at this time to manage the wolves in their states as an agreement to allow them to do so has long since expired.

From the ID Wolf 10j MOA FINAL_10506:

V. PERIOD OF PERFORMANCE

This agreement is effective through March 2010, unless terminated or wolves are delisted. This agreement may be terminated by either party after 90 days written notice in accordance with the 10(j) rule.

From our reading of the Endangered Species Act, it appears that such an agreement is required before the states can participate in management of an experimental, non-essential endangered species and, without such an agreement, the State of Idaho has no authority to manage wolves now that they are back on the Endangered Species list as section 10(j) animals.

Since relisting has occurred, there have been at least 4 instances whereby the IDFG has issued control orders, without apparent management authority, which have resulted in the death of at least 6 wolves.  There may have been many more because it is hard to get these numbers since the IDFG does not release information about its wolf management very often and hasn’t done so since June of this year.

Recently Governor Otter announced that he would hand back authority to manage wolves back to the USFWS if there wasn’t a new agreement by October 7 of this year. But, is it his to hand back?

Is the State of Idaho and the US Fish and Wildlife Service aware of this? Well, during the last meeting of the IDFG commissioners the subject of the expired MOA came up.  This shows that they are well aware of this lack of authority but there seems to be no attempt at clarifying any interim agreement while a new MOA is being negotiated. In the meantime the IDFG seems to be shooting from the hip and issuing control orders without legal authority.

It should be of concern when the government acts arbitrarily and it should be of concern to reasonable people who believe in the rule of law.

Keep up with their investigation on wolves.wordpress.com at: The state of Idaho is managing wolves without any authority

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