On January 31, 2005, the U.S. District Court in Portland, Oregon, issued a decision that the Service understands to reverse the U.S. Fish and Wildlife Service's April 2003 reclassification of the gray wolf to threatened status. Under the agency's reading of the Court's order, wolves outside experimental nonessential areas are now considered endangered. The Service also understands the Court's order to eliminate the special 4(d) rule that allowed landowners outside of the experimental nonessential areas to legally kill or harass wolves that were seen physically attacking their livestock and dogs on private land. As a result of the Court's order, the agency believes that at this time all wolf management outside the experimental population areas can only be conducted by the U.S. Fish and Wildlife Service and not by private citizens. The Service strongly advises private citizens not to harm or kill wolves outside the experimental population areas. Any wolf control within the experimental area must comply with the 10(j) special rule. The Service is consulting with Department of Justice attorneys to determine the effects of the Court's order and to assess its legal options. The Oregon court order and other information about the wolf recovery program can be viewed at http://westerngraywolf.fws.gov/">
The April 2003 4(d) rule applied to wolf management throughout the northwestern United States (Washington, Oregon, California, Nevada, Idaho north of I-90, Montana north of I-90 west of I-15 and north of the Missouri River east of I-15, and in Colorado and Utah north of I-70/Highway 50). Wolf management within the experimental population areas of Montana, Idaho, and Wyoming was not affected by the January 31, 2005, Oregon Federal court ruling.
"We are disappointed in the court ruling. We are reviewing our legal options, including appeal," said Ralph Morgenweck, Regional Director of the Service's Mountain-Prairie Region.
The only known wolves in the northwestern United States currently live in Montana, Idaho and Wyoming. Of the 850 wolves that live in the tri-state area, only about 60 wolves live in northwestern Montana, outside the experimental nonessential population areas. Flexibility in managing those wolves was affected by the Oregon court ruling.
Anyone who suspects they are having conflicts with wolves should contact the nearest Service, State or Tribal fish and game, or Federal natural resource agency for assistance. A private citizen may still kill any wolf that is an immediate and direct threat to human life.
