WASHINGTON — A federal appeals court on Tuesday chose to keep in place Endangered Species Act protections for gray wolves in the western Great Lakes region — a decision that could also have implications for Yellowstone grizzly bears and other wildlife.
The U.S. Court of Appeals for the D.C. Circuit upheld a lower court’s 2014 ruling that the U.S. Fish and Wildlife Service acted prematurely when it removed protections for wolves in Michigan, Minnesota and Wisconsin.
“The Service’s power is to designate genuinely discrete population segments; it is not to delist an already-protected species by balkanization,” the court ruled. “The Service cannot circumvent the Endangered Species Act’s explicit delisting standards by riving an existing listing into a recovered sub-group and a leftover group that becomes an orphan to the law.”
The decision blocks those three states from allowing limited hunting of the wolves.
In 2011, the Fish and Wildlife Service issued a final rule that removed Endangered Species Act protections for the Great Lakes wolves, noting that the population had “exceeded” recovery goals. At the time, the wolf population was around 4,400. Two years later, the Humane Society of the United States sued the Fish and Wildlife Service and its parent agency, the Interior Department, over the decision. A federal trial court sided with the nonprofit the following year, which meant the wolves went back on the protected list.
Ralph Henry, director of litigation at the Humane Society, said that the government had succumbed to political pressures, rushed a rule and took too narrow a focus.
“We want species to come off the list,” Henry told HuffPost. “But we want them to come off the list because they are recovered.”
The D.C. Circuit’s decision sets a valuable precedent, he said, and will likely have implications for other imperiled species. “I think this ruling is going to stand in the way of the Fish and Wildlife Service dealing with species recovery in a piecemeal fashion,” he said.
A Fish and Wildlife Service spokesperson said in an emailed statement Wednesday that although the agency respects the court’s decision, it is “extremely disappointed” by the court’s evaluation of the agency’s delisting rule and supporting analysis.
“The best available science shows that the western Great Lakes population of gray wolves is recovered,” the spokesperson said.
In June, the Interior Department announced that after four decades on the Endangered Species Act list, the population of grizzly bears in and around Yellowstone National Park has recovered to the point that they no longer require protection. The federal listing was lifted on Monday, with the states of Montana, Wyoming and Idaho taking over management of the approximately 700 bears in the Yellowstone area. A group of conservation nonprofits and the Northern Cheyenne Tribe plan to sue the Trump administration, arguing this latest decision ignores the best available science and violates the Endangered Species Act.
By ending protections for Yellowstone grizzlies, the Fish and Wildlife Service has “created a legal orphan status for grizzly bears outside the delisted area,” the Center for Biological Diversity said in a release Tuesday.
“Wolves and grizzlies are symbols of America’s wild places,” Noah Greenwald, the center’s endangered species program director, said in the statement. “We’re lucky the Endangered Species Act requires us to restore these magnificent animals and not declare victory when just one small population is stabilized.”
Among the numerous endangered species-related bills currently being considered by Congress are a pair of proposals that would strip protections for wolves in the Great Lakes region by requiring the Interior Department to reissue the 2011 rule.
“Congress should respect the ruling relating to the management of wolves in the Great Lakes and allow the Fish and Wildlife Service to re-examine the broader conservation questions raised by the courts,” Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation at the Humane Society of the United States, said Tuesday in a statement.
This story has been updated with a statement from the U.S. Fish and Wildlife Service.
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Scientific Name:Eleutherodactylus thorectesCommon Name: Macaya Breast-Spot Frog Category: Frog Population: Unknown Threats To Survival: Habitat destruction due to charcoal production and slash-and-burn agriculture Credit: Robin Moore
Scientific Name:Scaturiginichthys vermeilipinnisCommon Name: Red-Finned Blue Eye Category: Freshwater Fish Population: 2,000 - 4,000 Individuals Threats To Survival: Predation by introduced species
Scientific Name:Rafetus SwinhoeiCommon Name: Red River Giant Softshell Turtle Category: Turtle Population: 4 known individuals Threats To Survival: Hunting for consumption and habitat destruction and degradation as a result of wetland destruction and pollution
Scientific Name:Neurergus kaiseriCommon Name: Luristan newt Category: Newt Population: < 1000 mature individuals Threats To Survival: Illegal collection for pet trade
Scientific Name:Poecilotheria metallicaCommon Name: Peacock Parachute Spider Category: Spider Population: Unknown Threats To Survival: Habitat loss and degradation as a result of deforestation, firewood collection and civil unrest
Scientific Name:Atelopus baliosCommon Name: Rio Pescado Stubfoot Toad Category: Toad Population: Unknown (declining) Threats To Survival: Chytridiomycosis and habitat destruction due to logging and agricultural expansion
Scientific Name:Johora SingaporensisCommon Name: Singapore Freshwater Crab Category: Crab Population: Unknown Threats To Survival: Habitat degradation - reduction in water quality and quantity
Scientific Name:Abies beshanzuensisCommon Name: Baishan Fir Category: Conifer Population: 5 mature individuals Threats To Survival: Agricultural expansion and fire
Scientific Name:Actinote zikani Common Name: None Category: Butterfly Population: Unknown, one population remaining Threats To Survival: Habitat degradation due to pressure from human populations
Scientific Name:Aipysurus foliosquamaCommon Name: Leaf Scaled Sea-Snake Category: Sea snake Population: Unknown, two subpopulations remain Threats To Survival: Unknown - likely degradation of coral reef habitat
Scientific Name:Amanipodagrion gilliesiCommon Name: Amani Flatwing Category: Damselfly Population: < 500 individuals est. Threats To Survival: Habitat degradation due to increasing population pressure and water pollution
Scientific Name:Antilophia bokermanniCommon Name: Araripe Manakin Category: bird Population: 779 individuals (est 2010) Threats To Survival: Habitat destruction due to expansion of agriculture and recreational facilities and water diversion
Scientific Name: Antisolabis seychellensis Common Name: Seychelles Earwig Category: Earwig Population: Unknown (declining) Threats To Survival: Invasive species and climate change
Scientific Name: Aphanius transgrediens Common Name: None Category: Freshwater fish Population: Unknown (declining) Threats To Survival: Competition and predation by Gambusia and road construction
Scientific Name: Ardeotis nigriceps Common Name: Great Indian Bustard Category: Bird Population: 50 -249 mature individuals Threats To Survival: Habitat loss and modification due to agricultural development
Scientific Name: Ardea insignis Common Name: White Bellied Heron Category: Bird Population: 70-400 individuals Threats To Survival: Habitat destruction and degradation due to hydropower development
Scientific Name:Astrochelus yniphoraCommon Name: Ploughshare Tortoise / Angonoka Category: Tortoise Population: 440-770 Threats To Survival: Illegal collection for international pet trade
Scientific Name:Aythya innotataCommon Name: Madagascar Pochard Category: Bird Population: Approximately 20 mature individuals Threats To Survival: Habitat degradation due to slash-and-burn agriculture, hunting, and fishing / introduced fish
Scientific Name:Azurina eupalamaCommon Name: Galapagos damsel fish Category: Pelagic fish Population: Unknown (declining) Threats To Survival: Climate Change - oceanographic changes associated with the 1982 / 1983 El Nino are presumed to be responsible for the apparent disappearance of this species from the Galapagos
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Scientific Name: Bazzania bhutanica Common Name: None Category: Liverwort Population: Unknown (declining) Threats To Survival: Habitat degradation and destruction due to forest clearance, overgrazing and development
Scientific Name:Beatragus hunteriCommon Name: Hirola Category: Antelope Population: < 1000 individuals Threats To Survival: Habitat loss and degradation, competition with livestock, poaching
Scientific Name:Bombus frankliniiCommon Name: Franklin's Bumble Bee Category: Bee Population: Unknown (declining) Threats To Survival: Disease from commercially bred bumblebees and habitat destruction and degradation
Scientific Name: Brachyteles hypoxanthus Common Name: Northern muriqui Category: Primate Population: < 1,000 individuals Threats To Survival: Habitat loss and fragmentation due to large-scale deforestation and selective logging
Scientific Name:Bradypus pygmaeusCommon Name: Pygmy sloth Category: Sloth Population: < 500 individuals Threats To Survival: Habitat loss due to illegal logging of mangrove forests for firewood and construction and hunting of the sloths
Scientific Name:Callitriche pulchraCommon Name: None Category: Freshwater plant Population: Unknown (declining) Threats To Survival: Exploitation of the species' habitat by stock, and modification of the pool by local people
Scientific Name:Calumma tarzanCommon Name: Tarzan's Chameleon Category: Chameleon Population: Unknown Threats To Survival: Habitat destruction for agriculture
Scientific Name:Cavia intermediaCommon Name: Santa Catarina's Guinea Pig Category: Guinea Pig Population: 40-60 individuals Threats To Survival: Habitat disturbance and possible hunting; small population effects
Scientific Name:Cercopithecus rolowayCommon Name: Roloway Guenon Category: Primate Population: Unknown Threats To Survival: Hunting for consumption as bushmeat, and habitat loss
Scientific Name:Coleura seychellensisCommon Name: Seychelles Sheath-Tailed Bat Category: Bat Population: < 100 mature individuals (est 2008) Threats To Survival: Habitat degradation and predation by invasive species
Scientific Name:Cryptomyces maximusCommon Name: None Category: Fungus Population: Unknown (declining) Threats To Survival: Limited availability of habitat
Scientific Name:Cryptotis nelsoniCommon Name: Nelson's Small-Eared Shrew Category: Shrew Population: Unknown (declining) Threats To Survival: habitat loss due to logging cattle grazing, fire and agriculture
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