Judge OKs wolf hunt with possible catch

Montana hunters were given the green light to go after gray wolves last week — but the judge who issued the OK left open the question of whether the wolves should be returned to the federal endangered species list.

U.S. District Judge Donald Molloy issued his ruling on Sept. 8 after an Aug. 31 hearing in federal court in Missoula.

A coalition of 13 environmental groups had sought to stop the hunts and return gray wolves to the endangered species list, but Molloy described the plaintiffs' key arguments as "unpersuasive."

"The defendants have offered scientific evidence that no irreparable harm will occur if the 2009 wolf hunts occur in Idaho and Montana," Molloy wrote in his ruling. "Plaintiffs have failed to offer any contrary evidence."

The environmental groups had argued that wolf populations would be irreparably harmed by the loss of any individual wolf.

But Molloy wrote that the purpose of the Endangered Species Act is "to prevent species endangerment and extinction," and "with this purpose in mind, the measure of irreparable harm is taken in relation to the health of the overall species rather than individual members."

Molloy also cited affidavits by biologists claiming genetic connectivity between wolf packs will not be disrupted by hunting activities.

However, Molloy also acknowledged that plaintiff arguments alleging the U.S. Fish and Wildlife Service had improperly delisted wolves in Idaho and Montana, but not Wyoming, could have legal merit.

The environmental groups have promised to appeal their case to the U.S. Court of Appeals for the Ninth Circuit.

Wolf hunting began Sept. 1 in Idaho and Sept. 15 in Montana. The combined harvest quota is 330 wolves, which is about 20 percent of the wolf population across the two states.

Biologists claim wolf populations in the northern Rockies expand about 20 percent per year.

Biologists estimate 500 wolves inhabited Montana by the end of 2008. The hunting quota in Montana is 75 wolves, including 41 in the northern tier (including Northwest Montana), 22 in the extreme southwest and 12 in the southern tier.

Hunters must follow strict reporting requirements. Permits in Montana cost $19 for residents and $350 for nonresidents.