The U.S. Fish and Wildlife Service (USFWS) is so pathetic they make me laugh. I am beyond disgust.

For me, it’s always been a toss up as to whether the USFWS was incompetent or corrupt. I suppose a combination of the two, supported by an apathetic citizenry, has provided the ideal playing field for the puppet non governmental environmental agencies propped up by the USFWS.

The USFWS announced that it has written a Final Rule, to be published in the Federal Register in a couple weeks, declaring once again that the gray wolf in the Western Great Lakes Distinct Population Segment (WGLDPS) is a recovered species and no longer needs the protection of the Endangered Species Act (ESA).

“Wolves in the Western Great Lakes have achieved recovery,” said Fish and Wildlife Service Acting Director Rowan Gould. “We are taking this step because wolf populations have met recovery goals and no longer need the protection of the Endangered Species Act. We are asking the public to review this proposal and provide us with any additional information that can help inform our final decision.”

In addition, the USFWS announced they have discovered another species of wolf living in this same region.

After reviewing the latest available scientific and taxonomic information, the Service now recognizes the presence of two species of wolves in the Western Great Lakes: the gray wolf (Canis lupus), the wolf species currently listed under the ESA, and the eastern wolf (Canis lycaon), with a historical range that includes portions of eastern Canada and the northeastern United States. Recent wolf genetic studies indicate that what was formerly thought to be a subspecies of gray wolf (Canis lupus lycaon) is actually a distinct species (Canis lycaon). To establish the status of this newly recognized species, the Service is initiating a review of Canis lycaon throughout its range in the United States and Canada.

Isn’t magic mind-boggling?

First the announcement to delist the gray wolf. This is of course a joke. It’s a joke because the courts have the issue so screwed up, there is really no solution to this problem. In it’s simplest form, the USFWS cannot delist wolves because the courts have taken away their ability to do so. There no longer exists the procedures available to remove a species from the ESA.

In September of 2008, Judge Paul Friedman in Civil Action No. 07-0677 (PLF), Humane Society of the United States v. Kempthorne, remanded the case back to the U.S. Fish and Wildlife Service (USFWS) in order to prove that it has authority to create distinct population segments (DPS).

In this case, the Humane Society of the United States (HSUS) sued the USFWS claiming that the ESA does not give authority to USFWS to simultaneously create a DPS and delist a species within that DPS. The judge did not vacate the rule, he sent it back to the USFWS seeking proof they could do such a thing.

The idiocy of this entire ruling prompts the question that if the USFWS doesn’t have the authority to create a DPS of gray wolves in the Western Great Lakes, then how did we get DPSs of any specie throughout this country?

So, once again, the USFWS is going to attempt to delist gray wolves in the WGLDPS. How do they plan to do that? If they can’t provide sufficient proof to satisfy Judge Friedman, then I would suppose the HSUS will just turn around and sue again. Why not? Certainly the USFWS has no intention of standing in their way. Perhaps they are even paving the way.

But consider this. While Judge Friedman was playing his games in Washington, D.C., Judge Donald Molloy continued on his path to stardom by blurring legal lines, creating science and trumping up ESA interpretations of his own.

Judge Molloy never ruled that the USFWS doesn’t have authority to create a DPS, but it did rule that the USFWS cannot delist wolves along state boundaries. Evidently it’s okay to list wolves along state boundaries, or any other boundary for that matter. You just can’t delist them that way and subsequently he placed gray wolves back under ESA protection.

To further complicate matters, a recent bill rider attached to the latest Federal Budget, calls for the reinstatement of the 2009 Final Rule issued by the USFWS that delists wolves in Idaho and Montana but excludes Wyoming. This essentially delists wolves according to state boundaries. Or, why not look at it for what it is? The federal government has now created a new DPS (that excludes Wyoming) and simultaneously delisted a species within that DPS. Does this mean that now the USFWS can create a DPS and delist anytime and anywhere?

It’s my opinion based on the information that’s available, that the USFWS has done absolutely nothing since Judge Friedman remanded the court case back the Service for clarification. I think they are just hoping but I’m not sure exactly what they are hoping for. One would think they would be hoping nobody will sue but I sooner think they are hoping somebody will.

If all of this isn’t complicated and ridiculous enough, the USFWS claims to have found another species of wolf living with the gray wolves on the WGLDPS. Is this some kind of farce? Why would the USFWS even consider delisting gray wolves when it is considering listing the mystical or mythical “eastern wolf”?

If the states of Minnesota, Wisconsin and Michigan are fighting to get gray wolves delisted so they can better reduce and control numbers, this can never be done if the USFWS decides it needs to list the eastern wolf within the same region. It is a farce.

In addition, this declaration of another species of wolf (a dog is a dog is a dog) and called-for investigation into the status of this animal throughout the Eastern United States and Canada is troublesome and actually downright frightening when one considers the possibilities here.

This could very well be the beginning of the end for hunting and trapping as we now know it in much of the U.S. We have seen the death and destruction brought upon Idaho, Montana and Wyoming, where protected gray wolves have destroyed many species of wildlife, including game animals like deer, moose and elk. Contrary to what some want to believe, there is no solution in sight for this atrocity and now the same threat looms over as much as one-half of the entire country.

Here is something that needs careful and thoughtful consideration. Looming somewhere in the halls of Congress are two wolf bills – HR509 and S249. These two bills would amend the Endangered Species Act to exempt gray wolves from the powerful throes of that Act. Is it merely a coincidence that shortly after the wrangling that has taken place in Washington, with these two bills and the recent bill rider I spoke of above, that the USFWS would discover a species of wolf separate from the gray wolf?

Perhaps Congressman Denny Rehberg should consider an amendment to his bill to cover this. Or better yet, let’s just get rid of the ESA as it no longer serves any purpose in saving species.

This is completely out of control.

Tom Remington

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