September 19, 2020

USFWS Wants to “Delist” Gray Wolves in All U.S…..Really?

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If the U.S. Government has any real aptitude it’s ineptitude and a disregard for rule of law while at the same time creating such confusion few can keep up…..by design. For this reason, I believe the latest action by the U.S. Fish and Wildlife Service (USFWS), a proposal for removal of federal protection of the gray wolf in all of the lower 48 states, with the exception of a Distinct Population Segment in the Southwest, is deliberate and intentional as a means to create further chaos and lay the ground work for environmentalists to further pad their bank accounts through lawsuits and money drives. It has little or nothing to do with what’s in the best interest of wolves or other wildlife effected by wolves.

It may be extremely difficult for some to gain an understanding of the complexity of this entire historical pageantry of pretentiousness by the USFWS to list, delist, create, list and delist populations of gray wolves across the nation. At some point in time, I would highly recommend readers to reread, “USFWS Reinstates Protection For Wolves “In Compliance With Court Orders””, to gain a bit of history and the confusing and deficient court rulings that have left the status of the application of the Endangered Species Act toward wolves initially and all species ultimately, in shambles. But this stops nobody from plodding along, mostly because it is a cash cow.

The most basic foundation created in the Endangered Species Act, whether we like it or not, is the criteria that must be met BEFORE any species can be listed and regulated by the Federal Government.

SEC. 4. (a) GENERAL
.—(1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any species is an endangered species or a threatened species because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued existence.

What few people fail to understand is that while ALL five of these circumstances must be met BEFORE a species can be placed under federal protection, ALL five of the same circumstances must be rectified BEFORE a species can be removed from federal protection. It is imperative to have that understanding in order to attempt to figure out just what in the hell the USFWS is doing now.

The Endangered Species Act was signed into law in 1973. It was 1978 that the USFWS made the determination to list gray wolves as an endangered species in all the lower 48 states, with the exception of Minnesota. Wolves in that state where declared “threatened.” One would assume that it was shown by the USFWS that all five criteria existed in all 48 states.

Before anyone can make a determination as to the support or opposition of the USFWS’s recent action to delist wolves in all the lower 48 states, they must know the history, including all the court rulings, at least pertaining to wolves and those cases used as precedence in wolf lawsuits. What is clear is nothing is clear. Again, please read the article linked to above.

In brief, in 1978 the USFWS declares wolves protected in all 48 states. At different times after 1978, the feds began creating “Distinct Population Segments” (DPS), a term used to describe the will of the USFWS to section-off a piece of land and declare that any species contained within the imaginary borders of that land a separate and somehow “distinct” population.

A DPS was created in the Northern Rockies for the purpose of wolf introduction. Another in the Southwest for the same reason. In the Western Great Lakes, the feds carved out more imaginary boundaries within a previously carved out region, in order to remove or delist wolves from federal protection. It seemed that with these actions by the USFWS, the federal government was using a tactic, not described in the Endangered Species Act, to achieve scientific and political goals at the whim of the agency.

Several court cases (written about in the link above) determined that it was illegal for the USFWS to create Distinct Population Segments. This term is not used in the ESA and it wasn’t until some time, considerably later, that the Marine Fisheries Service made an attempt to define DPS and use it to backdoor authority to implement the tactic of DPS creation to satisfy scientific wants and political agendas.

Consequently, by 2008, the USFWS, explaining they were carrying out the rulings of the courts, and in their own interpretation of the court rulings, turned the clock back and mapped out that gray wolves were labeled as endangered or threatened in all 48 lower states, with exceptions. The USFWS opted to maintain the two “Nonessential Experimental Populations” (NEP) of wolves in the Northern Rockies and the Southwest, while not labeling them as Distinct Population Segments, presumably because they saw the rulings as stating DPS creation to be illegal. But, your guess is as good as mine.

From a legal perspective, in my opinion, the USFWS has no other option available to them, concerning wolves, other than an all or nothing event…..well, that is if this particular tactic fits into the present narrative and agenda of the agency. In other words, the Feds can’t create pockets of wolf populations and remove them from federal protection. At face value, one would think that the USFWS has decided that within the entire lower 48 states, ALL five of the ESA’s criteria used to list wolves as endangered and threatened, has been met. But has it, or better yet, does the USFWS care?

Common sense, which is missing from anything government would use, tells me that gray wolves were never endangered to begin with. One could reasonably argue that as the courts have ruled that the USFWS cannot arbitrarily create boundaries in order to change the status of wolves within those boundaries, then how can you disregard that same thinking as it pertains to any kind of boundary, including that of the U.S. and Canada for instance?

Being that the ESA is no longer a rule of law, once thought to be a tool to limit or stop the extirpation of species, and has become a political lever, there is little reason to believe the USFWS has made scientific determinations about the status of wolves in the lower 48 states, leaving the Federal Government wide open for lawsuits that they know they cannot win……by design.

Historically, the USFWS has shown little or no regard for court rulings and rule of law, unless called to the carpet by lawsuits. Therefore I have serious doubts that the USFWS is attempting to follow the rule of law by recognizing the courts have placed them in a position of “all or nothing” when it comes to delisting gray wolves.

I stated above that it is my belief, based on science and common sense, that wolves in the lower 48 states should never have been placed on the Endangered Species Act list. And I would like nothing more than to see the delising come about but it isn’t going to happen and the Feds know it. It is an exercise in futility for anyone to get their hopes up that delisting will occur nationwide. There’s too much money to be made and let’s face it. Wolves have been a great weapon toward the destruction of human existence. With an administration currently that has done more in that regard than perhaps any that have come before him, why should we even considered delisting of wolves possible?

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