Wolf Challenge Initiative

PURPOSE: We believe that there is a long road ahead in securing the delisting and eventual state management of the wolf in Wyoming. Litigation at every point in the process can, and should, be expected. Meanwhile, considerable effort will be needed to assure that USFWS meets its management requirements under the existing non-essential experimental designation until that desired outcome is achieved. It is essential that affected interests, including ranchers, sportsmen, outfitters, local governments and others whose economic and lifestyle interests are negatively impacted by the wolf, be involved at every step in the process.

BACKGROUND: In the early 1990’s, following nearly two decades of rancorous and divisive national debate, the Clinton Administration moved forward with it’s own plan to “seed” the Rocky Mountain region with wolves. This was done in spite of overwhelming opposition from the states targeted for wolf “introduction”, their Legislature’s, and the majority of the citizens of those states. The State of Wyoming, through both our Governor and our Legislature, went on record as being opposed to the introduction of non-native Canadian grey wolves into Wyoming. Particularly infuriating to many was the fact that then Secretary of the Interior Bruce Babbitt literally carried wolves into Wyoming under cover of darkness by way of the state of Montana, without so much as a courtesy call to our Governor.

Since that time, wolves have exceeded the wildest expectations of the animal rights and environmental groups who advocated for, and vigorously supported, their introduction into our state. The impacts to both the livestock industries, and as importantly our big game populations and the people and industries who appreciate an depend upon them, have far exceeded the federal governments projections as well.

Due to this dramatic explosion in wolf numbers, as well as the tremendous financial cost associated with their monitoring and management, the U.S. Fish and Wildlife Service began an effort over three years ago to encourage the three states of Wyoming, Idaho and Montana to develop “acceptable” wolf management plans in order for the federal government to shift the responsibility over to the states. While USFWS has always been amenable to shifting responsibility (including financial responsibility), transfer of authority and the terms under which authority is granted, has been another matter.

In 2003, the Wyoming Legislature, in response to demands by the USFWS, and following the lead of the Wyoming Game and Fish Commission and then Wyoming Governor Geringer, redefined the statutes which govern how wolves are to be classified, and thereby managed upon transfer of management authority from the federal government to the state of Wyoming. Wyoming’s 90 elected representatives set out a very carefully constructed and thought out plan (HB229) which sets aside over 4 million acres in northwestern Wyoming where wolves will always be classified and protected as trophy game animals. Wyoming also went beyond the original target for a “minimally viable population” as called for by the USFWS of 10 breeding pairs raising two young of the year (40 wolves total) and committed Wyoming statutorily to 15 packs of 5 wolves (75 wolves total), a 47% increase over the original target population which USFWS said was necessary to maintain that “minimally viable population”. These 4 million acres of protection equates to approximately 53,000 acres per wolf!

Following the passage of HB229, the Wyoming Game and Fish Department drafted, and the Wyoming Game and Fish Commission adopted a “plan” to implement HB229. That plan was submitted to a USFWS hand-selected scientific peer review group along with the plans from Idaho and Montana. 10 of 11 of the peer review scientists agreed that Wyoming’s plan would work to maintain a viable wolf population. Despite that fact, the USFWS accepted the plans of Idaho and Montana, but rejected Wyoming’s plan. The reasons given for that rejection have been varied and many and change almost daily, but have ranged from an “unacceptable legal risk analysis”, to “this won’t sell to a Connecticut housewife” to “not enough flexibility”. While these reasons may provide politicians and bureaucrats comfort and “political cover”, we do not believe they provide a legal basis found within the Endangered Species Act for denial of Wyoming’s plan and return of management of wolves to the state.

The current Wyoming Governor has indicated that he believes that Wyoming should challenge the USFWS in federal court for the denial of Wyoming’s plan and the refusal by the USFWS to turn over management of wolves in Wyoming to the state. We agree.

OPERATIONAL STUCTURE: We believe it is crucial that a broad-based coalition of ranchers, hunters, sportsmen, outfitters, recreationists, businesses, local governments and others that are, or could be, negatively affected by the uncontrolled and unchecked spread of wolves throughout Wyoming come together to join forces and present a strong and unified front. This effort will not only include legal action, but could also include public information campaigns, continuing legislative efforts and a myriad of other initiatives deemed necessary to achieve success. It is anticipated that a number of meetings will be required in order for our legal counsel to provide required advice and counsel to each of the participants, as well as to provide information back to participating organizations and entities and in order to solicit input and advice. Every participating entity and organization is always welcome to send as many representatives to each of the called meetings as the group or entity deems necessary to represent their constituency, keeping in mind that larger groups tend to be less effective and more time consuming than smaller, more focused groups. However, to assure clear and timely action, the Initiative will be overseen by a Steering Committee consisting of one representative from each entity pledging a minimum of $5,000 toward the initial objective. We are asking that any entity that wishes to join the Initiative do so by June 1, 2004. Minimum pledges must be received not later than September 1, 2004. There is no maximum amount that a group or entity can contribute, and in fact all participants are encouraged to actively and vigorously solicit contributions to this effort.

GOVERNANCE STRUCTURE: All decisions as regards Initiative objectives, initiation of legal action, additional Initiative projects or undertakings etc. will be subject to approval of the participating entities and will be made following a majority vote of all participating parties. In no way shall the Governance structure of the Initiative affect or preempt any aspect of the Attorney/Client relationship, which shall be preserved according to currently accepted rules and ethical standards.

INITIAL OBJECTIVE: Initially, the Wolf Challenge Initiative will seek to intervene on the side of the State of Wyoming in the anticipated litigation challenging the USFWS rejection of the Wyoming Wolf Management Plan. The Initiative has already agreed to engage the law firm of Hageman & Brighton PC of Cheyenne with Harriet Hageman acting as lead counsel.

FINANCIAL: Since securing delisting and state management of wolves could face several legal challenges, it is not possible to determine an overall cost at this time. Total funding needs might, over time, approach $500,000.00. The Initiative has established a funding goal for 2004 of $100,000. This amount is expected to fully fund the initial intervention while building a small reserve to address future challenges in a timely manner. Funds will be held in a segregated account in Cheyenne, Wyoming overseen by the Wyoming Stock Growers Association. Disbursements will be made only upon the approval of the Steering Committee.

FUNDRAISING: Each participating entity will be responsible for any fundraising needed to meet its commitment to the Initiative. Contributions sent directly to the Initiative should indicate the name of the entity to whom they are to be credited. Again, a minimum pledge of $5,000 is required to be part of the Wolf Challenge Initiative and that initial amount must be received not later than September 1, 2004. It is again important to restate that there is no maximum amount that a group or entity can contribute, and in fact all participants are encouraged to actively and vigorously solicit contributions to this effort.

For more information, or to commit to the Wolf Challenge Initiative, contact Bryce Reece at 307-265-5250 (email: b_reece@wyowool.org ) or Jim Magagna at 638-3942 (email: jim@wysga.org ).