April 30, 2017

Reinstatement of Removal of Federal Protections for Gray Wolves in Wyoming

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing 
this final rule to comply with a court order that reinstates the 
removal of Federal protections for the gray wolf (Canis lupus) in 
Wyoming under the Endangered Species Act of 1973, as amended. Pursuant 
to the United States Court of Appeals for the District of Columbia 
Circuit order dated March 3, 2017, and mandate dated April 25, 2017, 
this rule again removes gray wolves in Wyoming from the List of 
Endangered and Threatened Wildlife.

DATES: This action is effective May 1, 2017. The United States Court of 
Appeals for the District of Columbia Circuit order dated March 3, 2017, 
and mandate dated April 25, 2017, removing Federal protections for the 
gray wolf in Wyoming had legal effect immediately upon filing of the 
mandate.

ADDRESSES: This final rule is available electronically at http://www.regulations.gov in Docket No. FWS-R6-ES-2017-0025. It will also be 
available for inspection, by appointment, during normal business hours 
at U.S. Fish and Wildlife Service, Mountain-Prairie Regional Office, 
Ecological Services Division, 134 Union Blvd., Lakewood, CO 80228; 
telephone (303) 236-7400. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

FOR FURTHER INFORMATION CONTACT: For information on wolves in Wyoming, 
contact Tyler Abbott, Wyoming Field Office Supervisor, U.S. Fish and 
Wildlife Service, 5353 Yellowstone Rd., Suite 308A, Cheyenne, WY 82009; 
telephone (307) 772-2374. Individuals who are hearing impaired or 
speech impaired may call the Federal Relay Service at 800-877-8337 for 
TTY assistance.

SUPPLEMENTARY INFORMATION:

Background

    The Federal List of Endangered and Threatened Wildlife (List), 
which is authorized by the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.), is located in title 50 of the Code of 
Federal Regulations in part 17 (50 CFR 17.11(h)). On September 10, 
2012, we published a final rule to remove the gray wolf in Wyoming from 
the List and remove this population's status as a nonessential 
experimental population under the ESA (77 FR 55530; ``2012 final 
rule''). Additional background information on the gray wolf in Wyoming 
and on this decision, including previous Federal actions, can be found 
in our 2012 final rule at http://www.regulations.gov in Docket No. FWS-
R6-ES-2011-0039, or at https://www.fws.gov/mountain-prairie/es/grayWolf.php.
    Various groups filed lawsuits challenging our 2012 final rule. On 
September 23, 2014, the U.S. District Court for the District of 
Columbia vacated and set aside our 2012 final rule (Defenders of 
Wildlife v. Jewell, 68 F. Supp. 3d 193 (D.D.C. 2014)) and reinstated 
our April 2, 2009 (74 FR 15123), final rule that protected gray wolves 
in Wyoming as a nonessential experimental population under the ESA. On 
December 1, 2014, the United States appealed the District Court's 
decision to the U.S. Court of Appeals for the District of Columbia 
Circuit. Pending the appeal, and consistent with the District Court's 
September 23, 2014, order, we published a final rule reinstating the 
April 2, 2009, final rule protecting the gray wolf in Wyoming (80 FR 
9218, February 20, 2015).
    On March 3, 2017, the U.S. Court of Appeals, in a unanimous 
opinion, reversed the ruling of the U.S. District Court Defenders of 
Wildlife v. Zinke, No. 14-5300 (D.C. Cir. March 3, 2017). On April 25, 
2017, the U.S. Court of Appeals issued its mandate consistent with its 
March 3, 2017, opinion reversing the U.S. District Court's vacatur of 
our 2012 final rule for gray wolves in Wyoming. The issuance of the 
mandate makes the delisting go into effect. To the extent that a 
regulatory change is required to effectuate the delisting, we are doing 
so now. Therefore, this rule amends the List of Endangered and 
Threatened Wildlife by removing gray wolves in Wyoming.

Administrative Procedure

    This rulemaking is necessary to comply with the March 3, 2017, 
court order and April 25, 2017, mandate. Therefore, under these 
circumstances, the Director has determined, pursuant to 5 U.S.C. 
553(b)(3)(B), that prior notice and opportunity for public comment are 
impractical and unnecessary. The Director has further determined, 
pursuant to 5 U.S.C. 553(d)(3), that the court order and mandate 
constitute good cause to make this rule effective upon publication.

Effects of the Rule

    Per the March 3, 2017, court order and April 25, 2017, mandate, the 
protections of the ESA are removed for gray wolves in Wyoming. 
Additionally, the regulations under section 10(j) of the ESA at 50 CFR 
17.84(i) and (n) designating Wyoming as a nonessential experimental 
population area are also removed.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    To comply with the court order and mandate discussed above, we 
amend part 17, subchapter B of chapter I, title 50 of the CFR, as set 
forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.


Sec.  17.11   [Amended]

0
2. Amend Sec.  17.11(h) by removing the entry for ``Wolf, gray 
[Northern Rocky Mountain DPS]'' under MAMMALS from the List of 
Endangered and Threatened Wildlife.

[[Page 20285]]

Sec.  17.84   [Amended]

0
3. Amend Sec.  17.84 by removing and reserving paragraphs (i) and (n).

    Dated: March 28, 2017.
James K. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-08720 Filed 4-28-17; 8:45 am]
 BILLING CODE 4333-15-P

Removal of Wyoming’s Gray Wolves from Endangered Species List Final Step in Historic Recovery Across Northern Rockies

Press Release from the U.S. Fish and Wildlife Service:

Action by U.S. Fish and Wildlife Service in Response to D.C. Appeals Court Ruling Upholding Previous Delisting Determination

April 26, 2017

 

Recovery of the gray wolf in the Northern Rocky Mountains is one of our nation’s greatest conservation success stories. Today, that success was re-affirmed with the filing by the U.S. Fish and Wildlife Service of a notice again delisting the species in the state of Wyoming. Wolves have already been delisted throughout the rest of the Northern Rockies population.

“Our action today delisting the wolf in Wyoming puts the last puzzle piece of Northern Rocky Mountain wolf conservation back in place,” said Acting Service Director Jim Kurth. “The result is a complete picture of success in wolf conservation across the region, restoring management of this recovered population to the state’s wildlife professionals.”

The Service’s action was in response to a final decision by the U.S. Court of Appeals for the D.C. Circuit overturning an earlier U.S. District Court decision vacating the Service’s 2012 delisting rule for Wyoming wolves. The court’s decision recognizes the recovered status of gray wolves and affirms the Service’s determination that the state’s regulatory mechanisms are sufficient for conserving wolves under its authority.  The Service will continue to monitor the population for the next five years to ensure recovery criteria are met.

Noreen Walsh, Regional Director for the Service’s Mountain-Prairie Region credited the considerable dedication of many partners, particularly the state of Wyoming, in helping recover Northern Rockies wolves.

“It is deeply gratifying that we can officially recognize the strong and diverse partnerships that made the vision of wolf recovery a reality,” said Walsh. “We particularly applaud the efforts of the State of Wyoming in implementing their gray wolf management plan and we are confident that they will continue to execute this plan moving forward. Their continued commitment to managing wolves will ensure we maintain a robust, stable and self-sustaining population into the future.”

The Service will be working closely with the State of Wyoming to transition wolf management post delisting. Meanwhile, the state’s annual wolf numbers reveal an enduring healthy population, with approximately 377 wolves in 52 packs with 25 breeding pairs. The Northern Rocky Mountain population as a whole continues to be self-sustaining, with numbers well above federal management objectives. Wolves have continued to expand their range westward into Oregon, Washington, northern California and Nevada.

Google Alert! Gray Wolf

*Editor’s Note* – Mr. Beers, upon examination of a “Google Alert,” of which I have posted below, responds to the material contained within the alert.

Google Alert! Gray Wolf – by James Beers

“Gag me with a spoon”, I apologize (not really) for such an un-scientific observation about such an important subject in the “news” item below..

Note that this is a public relations piece from an “Endangered Wolf Center” and the St. Louis TV station eager for such a cutesy-tootsy evening news item.

  1. Note the Facebook/Google “Alert” below that I have enlarged where appropriate and remember the “Center” colluded in this bit of tripe:

–          “Mexican Gray Wolf species”; considering this comes from a “scientific”  Center” and “scientists” that collect semen, freeze embryos and create a “world’s first” phenomenon ask yourself, “is a Mexican wolf” a “gray wolf?”  “Is a ‘Mexican’ ‘gray’ wolf a ‘species’?”  The inherent and confusing faux wolf biology is sticking its ugly head out once again.

–          “The world’s first Mexican Wolf pup that was recently born from artificially inseminated frozen embryo here in St. Louis.”  Is it really stunning that you can birth such animals this way?  This has been done for decades with livestock and domestic dogs that coincidentally can breed with these wolves and create viable offspring (does that make them the same species or what?)  Billing this as a “World’s First” reminds me of the Cubs/Pirates game I watched last night.  The Pirates were down by 10 runs in the 8th and brought in a rookie to pitch in his “first” Major League game.  He is a big guy and pitched well but the Pittsburgh announcers had a ball joking about his being “the first native-born Lithuanian to play in the majors” and about his name “Neveraskous” (pronounced by them as “Never ask us”)  Actually, I think Neveraskous was a true big deal and reading this tripe from St. Louis is little more than propaganda.

–          “Endangered breed” is mentioned twice.  So a “breed” is like a basset hound or rat terrier, therefore a wolf is like …?  Does the Endangered Species Act cover “breeds”?  Should the ESA be rebranded as the Endangered Breed Act?  Will the radical enviros and self-serving bureaucrats please notify the bleeding heart pols in Washington so that the “breed” is covered?

–         Consulting the “San Francisco Chronicle” about articles like this  is like consulting Pravda on forecasting the stock market or the Kampala Times about the latest surgical techniques for hip implants.

  1. I should get paid for watching these videos of earnest young women “ooohhing” and “aaahing” in T shirts and/or government uniforms while petting baby wolves while they weave their myths and curses like the witches in Macbeth.

–          “Revered”; wolves are to be “revered”?  Are you kidding me and the rest of the Nation or do you, in your elementary paganism of animal/environment worship, really believe that?

–          You blithely assure us about how those “cute” puppies are “dewormed”, “treated for fleas and ticks” and otherwise treated like offspring of last year’s AKC’s Westminster Dog Show and then instruct the rest of us about how the un-wormed, un-flea/tick-medicated, rabies-susceptible, vectors of over 35 diseases and infections are to be “revered” when we see them?  Are we to get on our knees, put our head between our knees and extend our arms and put our hands on the ground when they come into our yard or when they investigate the school bus stop when the kids are there or when they are killing sheep. Calves, foals, big game wildlife or our dogs?  Note to all you urban teachers putting this dangerous nonsense in your little munchkin’s heads, you will have much to answer for one day when you inevitably awake to the true (nor relative) value of human life that you are so blithely equating to dangerous and deadly predators you are teaching your charges to “revere”.

This “ALERT” and propaganda really expose the faux propaganda of the “science” and government action underpinning the ESA.  This “science” is no more than lies used in the way Hitler defined the “Big Lie” in Mein Kampf when he mentioned a lie so colossal that no one would believe that someone “could have the impudence to distort the truth so infamously”.

To change what is happening, you have to disprove the “science”, take away the financial/political influence if rich NGO’s, remove self-serving bureaucrats, turn off these teachers, get the “truth” out and then convince the politicians hiding under their desks to do the right thing.  No problem.  What do you say President Trump?

Jim Beers

Endangered Species Act Petitions for Florida Black Bear and Mojave Desert Tortoise do not Warrant Further Action

Press Release from the U.S. Fish and Wildlife Service:

The U.S. Fish and Wildlife Service has completed reviews of petitions to list the Florida black bear and uplist the Mojave population of desert tortoise from threatened to endangered under the Endangered Species Act (ESA). The Service found that neither petition presented substantial information that the requested action may be warranted and so no further action will be taken.

Due to conservation efforts by the Florida Fish and Wildlife Conservation Commission, private landowners, conservation groups and others, Florida black bear numbers have rebounded from approximately 300 individuals in the 1970s to some 4,350 today. Conservation efforts will continue for the Mojave population of desert tortoise, which will remain listed as threatened under the ESA.

The Federal Register docket numbers and links for the two findings are:

Species Range Docket Number and Link
Florida black bear AL, FL, GA, MS FWS­–R4–ES–2017–0015
Mojave population of desert tortoise AZ, CA, NV, UT FWS­–R8–ES–2017–0009

The notice for the above findings is available here: https://www.federalregister.gov/public-inspection.

The Service is actively engaged with conservation partners and the public in the search for improved and innovative ways to conserve and recover imperiled species. For more information on the ESA listing process, including 90-day findings and status reviews, please visit: www.fws.gov/endangered/esa-library/pdf/listing.pdf.

A TALK ON WOLVES, DISEASE AND THE NEED FOR REFORMING THE ESA

Given at the Sugar Camp Town Hall, Sugar Camp, Wisconsin on 8 April 2017, by Jim Beers

Thank you for this opportunity to discuss an aspect of modern wildlife management that is of great importance but that, in my opinion, has been given scandalously short shrift over the past 30 years.

I will speak for about 20 minutes on the topic of wolves and disease; and then for an equal time on what I see as the problems and solutions associated with wolves and the ESA in the United States in 2017 while reserving a similar period for questions.  If this seems like a daunting task to you, it seems to me like being asked to read War and Peace in a similar timeframe!

First, to wolves and disease – More than one of you is probably wondering, who is this guy about to speak about wolves and disease when he probably has never even taken a class in veterinary science?  That is true.  I am no more than an ex-Utah Fish and Game employee; a USFWS Wetland Biologist/Special Agent/Program Analyst/ Chief of National Wildlife Refuge Operations/Congressional Fellow/ Wildlife Biologist and US Trade Representative Delegation Member to the EU on Fur Trade Regulations.  I have a Bachelor’s degree from Utah State in Wildlife Resources and a Master’s degree from the U of Northern Colorado in Public Administration.  I am also a whistleblower to Congress about the theft by USFWS of +/- $60M in State Wildlife Funds from Arms and Ammunition Excise Taxes.  I also testified before a Senate Committee opposing the creation of federal Invasive Species authority.  I have been speaking and writing about wildlife and government programs all across the Nation for the 17 years since I was sent home and forced to retire from USFWS after a 32-year career.

This is the third time I have been asked to speak about wolves and the disease dimensions of their presence in the past 17 years.  Why is that?

Well, I first became aware of why when I was a speaker at a western cattlemen’s affair and I sat in on a talk by the state Wildlife Veterinarian and the Agriculture Livestock Veterinarian.  I innocently asked a question about wolves and they huddled and refused to answer and then said they had to get back to the Capital and left.  A few years later I was asked to explain about wolves and disease to a Natural Resource Committee of a State Legislature.  When I asked why me, they said they couldn’t find anyone else.

Looking back over these 17 years, most veterinarians, like many government wildlife folks, give me a wide berth.  With the exception of an old horse veterinarian who lost two sons to the defense of our Nation, and who squired me around one day through remote wolf, cattle and former elk hunting country, I confess that I have encountered only three kinds of veterinarians in my travels.

First, there are the pet doctors whose customers understandably “love” their pets and who are generally repulsed by trapping or lethal animal control or, for that matter, anyone that would denigrate the wolf or the “native ecosystem”.  They, understandably, wouldn’t touch this topic with a 10” pole.

Second, there are the government veterinarians.  They are like Urban Police Chiefs.  That is to say they are hired (and fired or marginalized) by Mayors and Agency Directors.  When Police “Chiefs” (not elected Sheriffs) chirp about gun control, they are little more than “Charlie McCarthies” for their boss, the Mayor.  Similarly, what state or federal Veterinarian, most of whose Agencies and Directors embrace unconditionally the federal protection and spread of wolves in defiance of many of those forced to live with the wolves, would risk controversial statements jeopardizing the agency’s proclamations and policies regarding wolves as benign additions to a communities’ wildlife?

Finally, there are the University Veterinary Science professors.  Their students flock to this over-manned profession because they “love animals”, a laudable and understandable motive.  The bureaucracies that generate grants and support for much, if not most, of their research (i.e. the ticket for more grad students, bigger budgets, tenure, and retirement security) do so for a wide variety of topics. Today, such “research” fills Veterinary Journals with ever more unintelligible (to the general public) data than modern economic research “papers”.  Additionally, the Universities understand that both state and federal governments are “all in” for wolves and that controversial reports or fodder for complaints that enable public protests would jeopardize far more than funding and other support for wildlife veterinary issues in the future.

So, here you are stuck with me.

  1. Wolves are very wide-ranging Canids that unlike our dogs get no Parvo/Distemper/Rabies/etc. shots and treatments.  They are not only fearless, they frequent human habitations routinely and with growing impunity as they increase in densities or experience no challenging behavior from humans or human settlements.  They are periodically concentrating on pastures or homesteads or big game wintering areas or calving areas as with moose in their wanderings so that when they pick up an infection or disease, they will likely go to similar surroundings where similar animals or humans can be infected.  They are constantly sticking their snout in and eating organs from a variety of animals both dying and deceased for a period of time thus exposing themselves to a very wide variety of bacteria, viruses, prions and other pathogens. It is not that they all carry all these diseases, it is that when they do get a really bad one like anthrax or rabies or foot-and-mouth or Mad Cow or chronic wasting disease – stopping the spread is almost impossible as when dogs and other wildlife disease vectors, that don’t roam far and wide, are killed to stop outbreaks of things like anthrax or smallpox.

Wolves travel in packs; romp; fight; and, like bats, sleep and groom together.  They are very often silent (and therefore unidentifiable) vectors spreading diseases, pathogens and infections among themselves and over a wide area to humans, domestic animals and other wildlife in a multitude of ways.  They are all but impossible to eliminate quickly or efficiently as when there is a rabies, foot-and-mouth, smallpox, anthrax or Mad Cow (BSE) outbreak.  Consider the havoc, often documented in early America of rabid wolves that went for miles biting everything they encounter, or the Russian sawyer (along with many others at the time, several of whom died) bitten by a rabid wolf while running a chain saw a few years ago.  Indian villages, trappers, homesteaders, and even forts with soldiers all are mentioned in historical records and reports of the terror and death rabid wolves were and are capable of imposing.

Certainly bites are an obvious danger for infection.  Less obvious (and ignored or denied) are:

–          Saliva left in yards and along (increasingly urban) paths on objects that are of interest to dogs that mouth them and nose them before returning home.

–          Mucous from a sneeze or runny nose left in areas frequented by people like yards and camping areas where dogs, children and others are exposed and can become carriers.

–          Feces laden with various tapeworm eggs (some of which develop deadly cysts years later; some of which last more than a year on the ground around where deposited and are capable of being transported by dog’s feet or shoes into homes, tents or campers onto rugs and elsewhere where small kids are especially vulnerable to ingesting them unknowingly) and also Parvo viruses that also have long infection periods where deposited.  Feces are a particular problem when undigested meat is passed and dogs do what they often do with

feces containing partially digested meat.

–          Blood transfer or deposit from accidents, fights with dogs or other wolves or incidents with other animals creates a potential infectious transfer to others and even a temporarily infected site that can infect others that touch or mouth anything coming in contact with the area, especially in places like campgrounds and rural residence surroundings.

–          Oozing sores or unhealed infections are an area of concern, in my opinion, but I could not find any information on such matter or what threat it may or may not pose.

–          Fur between toes and on the body coming in contact with the ground or infected animals can capture, transport and spread Mad Cow (BSE) prions; anthrax bacterium (capable of being absorbed through the skin, ingested or inhaled); and foot-and-mouth, and smallpox viruses among other pathogens.

For the record, I no longer let dogs lick me. I helped my Dad raise Dobermans as a kid and as a young man I had several retrievers, one of which I am about to tell you about.

The following is a list of diseases carried and transmitted by wolves.  While not totally comprehensive, it represents over 30+ infections and diseases that have been attributed to wolves.  Those that can infect humans are followed by an (H), those that affect other animals are followed by an (OA).

  1. Rabies (H) (OA)
  2. Brucellosis (H) (OA) ** i.e. Undulant Fever

Hydatid Disease (2):

  1. Echinococcus granulosis (H) (OA)
  2. Echinococcus multilocularis  (H) (OA) ** i.e. Deadly Cysts
  1. Anthrax (H) (OA) ** Cleanup Requirements
  2. Encephalitis (H) (OA)
  3. (Granulomatous meningoencephalitis) (OA)
  4. (Necrotizing encephalitis) (OA)
  5. Great Lakes Fish Tapeworm (H) (OA)
  6. Smallpox (H) (OA) ** i.e. Aral Sea Is.
  7. Mad Cow Disease(BSE) (OA) (H) ** i.e.UK
  8. Chronic Wasting Disease (OA)

From Ticks (13) ** Carried by wolves: Natural History?

  1. Anemia (H)
  2. Dermatosis (H)
  3. Tick paralysis (H)
  4. Babesiosis (H)
  5. Anaplasmosis (H)
  6. Erlichia (H)
  7. E. Coast Fever (H)
  8. Relapsing Fever (H)
  9. Rocky Mtn. Spotted Fever (H)
  10. (A new type of Spotted Fever is being investigated) (H)
  11. Powassan Fever (H)
  12. Heartland Fever (H)
  13. Lyme Disease (H)

From Fleas (4) Carried by wolves:

  1. Plague (H) ** i.e.MT (OA)
  2. Bubonic Plague (H)
  3. Pneumonic Plague (H)
  4. Flea-Borne (Endemic) Typhus (H)
  1. Distemper (OA)
  2. Neospora caninum (OA)
  3. 2 Types of Mange (H) (OA)
  4. GID (a disease of wild and domestic sheep) (OA)
  5. Foot-and-Mouth (OA)
  6. Parvo (OA)

Of the 30+ diseases and pathogens listed, 27 affect humans and many of these are deadly.  Whether it is a child ingesting tapeworm eggs from a ranch house floor rug, or a dog walker or jogging soccer Mom encountering wolves as a schoolteacher did recently in Alaska that resulted in a horrible death, the fact that these human health hazards have been given short-shrift and even covered up by government agencies and their allies as they forcibly introduce, protect and spread wolves is nothing short of scandalous.

How do you control wolves as vectors of these diseases when there is an outbreak?  Who pays for control?  Whatmethods are permissible? Who is responsible?  These sorts of questions need to be answered before we can determine where wolves are to be tolerated; in what numbers; and how these things are to be achieved ad infinitum.  I am a strong believer that State Governments, recognizing the primary interests and desires of the Local communities expected to bear the costs of hosting wolves in their midst, are the proper government authority for such decisions if the first and foremost purpose of all government as defined in the Preamble o0f our Constitution,i.e. – “domestic Tranquility” and “the general Welfare” of the all the citizenry – is to be achieved and maintained.

  1. What are we to make of all this?  How did it happen?  Most importantly, what can or should be done?

Wolves are like mosquitoes: both are numerous, found worldwide, and both create serious and increasing problems for humans closely correlated in magnitude to the human densities found in modern settled landscapes where each is found.  Each has benefits that are marginal as when mosquitoes and their larva provide food for fish and especially young birds with brief time windows in which to grow, fly and migrate.  Similarly wolves existing in relatively uninhabited (by humans) habitats create an insular plant and animal community that, while described by some appreciatively as “native” or “balanced”, provides a biological comparison for plant and animal management in more densely inhabited and settled landscapes as found in the Lower 48 States.  Even in these less inhabited landscapes like Alaska and Siberia, human interventions are required.  Examples of the latter being:

–          When humans are killed, attacked or injured

–          When disease outbreaks occur

–          When moose and elk et al needed for human food are being decimated

–          When wildlife licensing revenues and matching funds dwindle due to scarcity of game

–          When cattle, reindeer or sheep et al husbandry is being decimated.

–          When always fragile rural economies and communities worldwide are diminished in any of the many myriad ways that wolves can affect them from dog killings to threatening or attacking especially children and the elderly.

To say that a world with a Canada full of thousands of wolves; an Alaska bursting with wolves; a vast Siberia **Magadan/Kazakhstan/India (indeed much of Asia) with high wolf densities; a Europe currently dealing unsuccessfully with wolves continent wide; and a world full of dogs & coyotes (that are currently cross breeding with wolves in the settled landscapes of the Lower 48 States) dingoes and jackals (all 4 of which breeds can breed with wolves and produce viable or fertile offspring) ** current crossbreeding – to say in such a world that WOLVES ARE (currently) ENDANGERED in the settled landscapes of the Lower 48 States and :

–          Require federal pre-emption of traditional and Constitutional State Wildlife Authorities and Jurisdictions.

–          Require the expenditure of millions of scarce federal and state general taxes and wildlife funds.

–          Require preposterous federal bureaucratic authority to take private property without compensation in defiance of the Constitution.

–          That rural communities forced to host the wolves are to have NO say regarding their presence, numbers, distribution, control or impacts.

Is (*?) to say the least.

* What? – “Absurd”? “Crazy”?  “Misguided”? “Ignorant”? “Unjust”? “Illegal”? “Not what it appears to be”? “A direct threat to rural ‘domestic Tranquility’ and the ‘general Welfare’ of the Nation”?  NOTE: I confess to wrestling continuously with the right term to use both for the policies and instigators of this misbegotten fiasco. Too harsh or too truthful words turn off many readers and listeners.

The federal bureaucratic placement of wolves is an arbitrary nightmare for groups out of political favor **New England? and almost always not in any direct way affecting those lobbyists, ideologues and politicians enabling the wolf programs.  Wolf types in the Lower 48 (i.e. red, Mexican, timber, etc.) are simply names for varieties similar to other widespread mammals like the large whitetails in Saskatchewan descending in size and varying in coloration to the tinier and lighter whitetails found in the Southwest to the tiniest whitetails found in the hot and food-poor FL Keys.  Was the ESA really passed to preserve such morphologies?

There is an abundance of hidden agendas behind wolf programs from human population and gun control to eliminating hunting and trapping and surgically parsing rural America into expanding federal ownerships and easements with decreasing land costs.

As with grizzly bear expansions in the Lower 48 States, no one is responsible for the calamities brought about by wolves.

Only last week the morning the paper reported the first Zika-infected childbirth in the US.  The child was born in San Diego.  Imagine if you will, if mosquitos had been eliminated from the San Diego area one hundred years ago and if only ten or twenty years ago the federal government had announced the “scientific” finding that the lack of mosquitoes in the San Diego environs was unacceptable.  Suppose further that the federal government then initiated and the government of California enthusiastically embraced (no surprise there) the reintroduction, protection, and spread of the “native San Diego Yellow Mosquito”. This was done with the enthusiastic support of:

–          Midwest, East Coast and Northwest environmental organizations that collected millions to “save the San Diego Yellow Mosquito”.

–          Federal politicians that accepted “contributions” from these groups and then were subsequently featured in the news as a “friend of the Mosquito”.

–          Professors and entomologists that shared in a bonanza of grants, graduate student increases, tenure and public adulation as they justified the banning of spraying and other controls of mosquitoes and their kin; the need to further regulate and restrict chemical production and use; and the need for a myriad of new laws forbidding the removal of any standing water suitable for the mosquito’s many needs to reproduce and live.

–          Federal and State bureaucrats that outlined the need for more employees, bigger budgets, more regulations, new amendments to existing laws, “key” land acquisition and easement, and promotions and bonuses as their “workload increased”.

Could that be a “just” law authorizing such actions?  Would the Constitution in any conceivable way allow such a travesty?  Would San Diego parents and parents-to-be tolerate such a law?  Would the parents of an infected child be able to sue federal politicians, federal bureaucrats or “scientists” that denied or hid the dangers they knew to exist? Of course this could never happen, but not because:

–          Mosquitoes (and wolves) are ubiquitous

–          There is no San Diego Yellow Mosquito

–          The environmental organizations and government would look silly.

This would not happen because it would be the urban voting majority being imposed upon.  The suburban (with a few exceptions like NJ) and rural voters neither demand nor contribute to such impositions on their city cousins so the National Organizations do not reap millions; politicians do not reap votes; professors do not reap emoluments; and bureaucrats do not reap dollars and fame.

It is a fact that no one is responsible for any of the many wolf, or grizzly bears’ deadly effects or the economic and cultural sectors that they diminish and that what happened here with the Mosquito is and has happened with the wolf and grizzly bear to name just two such “Listings”.

Here is what I have learned in 17 years of dealing with the ESA and wolves et al:

  1. It is unjust and unconstitutional to empower federal bureaucrats (and their enablers from politicians and “scientists” to wealthy environmental lobby groups) to seize State wildlife and wild plant authorities and jurisdictions and violate with impunity such Constitutional Rights as are found in the I, IV, V, VI, VII, or X Amendments as defined in The Bill of Rights, and as is being done under the color of the Endangered Species Act.
  2. Large predators like wolves and grizzly bears are not endangered or threatened.  (Grizzlies are abundant in W Canada, Alaska and N. Asia). Both are very dangerous and destructive animals; and their presence, abundance, and distribution should be under State authority with primary attention given to those local communities expected to live with either of these animals.  To say that either, especially grizzles, belongs anywhere in the settled landscapes of the Lower 48 in a protected status is a position that anyone valuing human life and American freedoms should think long and hard about. Current magnanimous “return of management” to State governments by federal bureaucracies with attendant “minimum” wolf levels is a chimera or mirage, like promises of “compensation” to ranchers and others, simply short-term public relations ploys intended to continue drainage of wildlife conservation funding and programs until a future push to invigorate greater federal control is judged politically possible.
  3. State wildlife agencies, state governments and Universities have each been corrupted by the current system ** PR theft w/o repayment and have become little more than subcontractors to federal bureaucrats, powerful Non-Government Organizations and their agendas.  Governments no longer serve constituents, and Universities and science no longer seek nor publicize the truth regarding these issues.  A companion issue with wolves that draws only snickers today is the downplayed but very real concerns that present wolf immersions in the dense Canid populations on the Lower 48 States spell disaster for future wolves as crossbreeding with coyotes and dogs point to a future similar to that of Russian Caucasian immigrants to Formosa over a hundred years ago that today only linger in a rare Caucasian facial feature in that otherwise dense Mongolian populous.
  4. If urban/environmental organizations and voters want wolves or grizzly bears in XYZ let them first convince those folks living in XYZ to appeal to the State government with a plan to do so and how to finance it.  Counties could allow these animals if the residents and their neighbors agree under a system like Virginia has for deer hunting wherein the Counties decide what guns, methods, seasons, bags, and goals are permissible for deer hunting in THEIR County recognizing the County  resident’s desires.  Adjoining Counties could oppose the proposal and/or authorize the dispatch of any such animal in their County under certain or any circumstances. In other words if Wyoming and Idaho and Montana do not want any wolves, when a wolf  steps out of Yellowstone, State laws and regulations could authorize shooting or trapping 365 24/7.  Other federal Parks, Forests, BLM and USFWS lands would and should need State permission as with other property owners in the State to introduce or maintain such wildlife just as if they wanted to introduce and maintain pythons or Asian carp in or on their ownership. Yellowstone has a very singular and unique legal status regarding such matters.
  5. Non-large-predator Endangered Species Act programs and policies have also become corrupt political activities.  Too often they are thinly-disguised environmental and animal rights agendas and ploys to destroy dams, irrigation, farms, ranches, private property, hunting, trapping, fishing, public land access, Local governments, sustainable and renewable natural resource use and management, national sovereignty, corporations, human development nationally and internationally, and a long list of human cultural and traditional pursuits considered politically incorrect at the moment.

For instance, while I was in Washington recently, the paper described a pending Endangered Listing of a Bee that is declining nationally.  The Bee occupies burrows in intermittently plowed fields and are “thought to be” affected by pesticides sold by “Dow” Chemical.  The Listing article (like snail darters intended to stop a dam; or smelt and suckers intended to close down farms and irrigation; or spotted owls intended to eliminate forest – i.e. timber – management) painted objecting farmers and the Dow Chemical Corporation as villains.  The Listing will and is intended to importune widespread farm production and practices in the Midwest thereby adversely affecting the national economy, the food supply and food availability for the poor.  It will also disrupt a giant Chemical “Corporation” bottom line, facilities and processes for an unknown time and with likely significant financial and job losses.  Now while all this may please some elements in the country it is counterproductive to American prosperity and our modern way of life.

What if the process for conserving true species in extremis was harmonized between Federal and State lawmakers and authorized and mandated that federal and state scientists first jointly determine what is causing the decline and not just hammer “all the usual suspects”?  Then work with USDA and farmers to identify and evaluate alternatives and their costs to modify practices or equipment.  Then have federal and state scientists work with and through the National Institute of Science and Technology (that routinely works with American Corporations on such matters) to cooperate with Dow Chemical on research for specific adjustments and tolerable costs to their products and existing infrastructure to reduce bee declines.  All of this should be accomplished with specifically requested Congressional funding which, if not authorized, means it is not of sufficient importance in line with other national priorities at the moment.

This is the opposite of the bureaucratic hammer in use today and returns to recognition of the Constitutional role of elected officials authorizing, funding and administering things currently left to bureaucrats with a bag of money to do all sorts of mischief and harm without accountability or responsibility except for their own careers.

  1. I am constantly told the ESA will NEVER be repealed (even though a similar travesty, Prohibition, authorized by a Constitutional Amendment, was repealed when its pernicious and corrupting effects were no longer deniable).
  2. I am constantly told that the ESA will Never be amended because any politician supporting such a thing would be deported or jailed by environmentalists, animal rightists, professors, teachers, bureaucrats, and a hodgepodge of urban residents that could be mobilized to “save” the environment.
  3. Could elected rural Sheriffs resist these federal impositions like some Mayors, Governors and County officials are resisting federal illegal immigrant enforcement activities?
  4. Could ESA reforms be enacted in laws, regulations and policies amid the turbulence of reform and confrontation now taking place in Washington, DC?

Questions:  Is rural America slated to continue falling behind the advancements and opportunities of the rest of the Nation to become like many rural African and Asian societies; places where “life is” as Thomas Hobbes once said, “solitary, poor, nasty, brutish, and short?  Where residents sell trinkets along the road or move to cities to perform menial tasks?  Are rural Americans, rural communities and urban America to be treated equally or are rural Americans and their communities and economies to be permanently inferior American sectors at the mercy of urban dreamers and pandering politicians?

How we recognize and resolve these self-imposed problems, involves and affects far more than wolves, bees and imaginary mosquitoes.

Jim Beers

8 April 2017

If you found this worthwhile, please share it with others.  Thanks.

Jim Beers is a retired US Fish & Wildlife Service Wildlife Biologist, Special Agent, Refuge Manager, Wetlands Biologist, and Congressional Fellow. He was stationed in North Dakota, Minnesota, Nebraska, New York City, and Washington DC.  He also served as a US Navy Line Officer in the western Pacific and on Adak, Alaska in the Aleutian Islands.  He has worked for the Utah Fish & Game, Minneapolis Police Department, and as a Security Supervisor in Washington, DC.  He testified three times before Congress; twice regarding the theft by the US Fish & Wildlife Service of $45 to 60 Million from State fish and wildlife funds and once in opposition to expanding Federal Invasive Species authority.  He resides in Eagan, Minnesota with his wife of many decades.

 

ESA Consultation Delays Block Critical Infrastructure Projects, Imperil Species Recovery Efforts

Labrador, Witnesses: ESA Changes Needed to Mitigate Negative Impacts on Economic Development, Species Recovery

WASHINGTON, D.C., March 28, 2017 -Today, the Subcommittee on Oversight and Investigations held an oversight hearing on delays and uncertainty related to Endangered Species Act (ESA) consultations. Subcommittee Chairman Raúl Labrador (R-ID) reacted to testimony from witnesses that recounted personal experiences with extensive delays as a result of ESA consultations that ultimately jeopardized human health and safety, harmed small businesses and, in many cases, further imperiled species.

The testimony we heard today is crystal clear that we need – in an infrastructure package or legislation moving forward – to address ESA for people and species. This law is a lawyer’s dream that has the power to block projects entirely while taxpayers foot the bill,” Subcommittee Chairman Labrador said.

Protracted consultation timelines are particularly concerning when delays hold up projects that benefit the environment according to Jonathan Wood, an attorney at the Pacific Legal Foundation.

If the slow, burdensome consultation process causes communities to delay necessary upgrades and improvements, then the environment and endangered species could ultimately pay the price when that infrastructure fails,” Wood stated.

Douglas Stiles, General Manager of the Hecla Mining Company, specifically spoke to the broken legal system when it comes to listing and consultation.

The current system is abused by non-profit organizations pursuing procedural litigation on emotional issues in cases disconnected from the Act’s original purpose, Stiles stated. The guarantee of litigation following an Agency decision has added decades to the permitting timeline and millions of dollars to permitting costs with no benefit to the species.”

Ron Calkins, President of the American Public Works Association, similarly called for reforms to the statue while noting that species recovery and critical infrastructure projects are not mutually exclusive.

We need a better balance between the protection of endangered species and the ability to implement important public works and infrastructure projects especially when public safety and health is threatened by a lack of water supply,” Calkins said.

Click here to view full witness testimony.

Can non-native wolves receive protections reserved for native species in Oregon?

“Later this year the Oregon Court of Appeals will consider whether it was lawful for the Oregon Department of Fish and Wildlife and the Oregon Fish and Wildlife Commission to remove the gray wolf from the state’s endangered species list in late 2015. Disagreeing with the wolf’s delisting, three environmentalist groups challenged it last year. PLF represents the Oregon Cattlemen’s Association and the Oregon Farm Bureau Federation as intervenors defending the delisting, and today we filed a brief responding to the environmentalist groups’ challenge to the delisting.

Our brief focuses on two primary arguments: Oregon was legally compelled to delist the wolf because the only wolves present in the state are members of a non-native wolf subspecies, but the Oregon Endangered Species Act (ESA) only protects species native to Oregon; and when analyzing the status of species under the Oregon ESA, the state must consider a species’ current range, not its historical range.”<<<Read More>>>

The Crime of Calling “Red Wolves” a Wolf

The U.S. Fish and Wildlife Service has, for 30 years, been growing, fostering and protecting, mongrel, hybrid wild dogs and calling them “red wolves.” That is a crime.

The complete story is long and involved but is a great example of the mixed-up and perverted direction the U.S. Government and the citizens of this country have taken when it comes to convoluted notions about what constitutes a real species and the values associated with calling a manufactured mongrel mutt a species of wolf. Beside it being a crime, ignorance and emotional clap-trap is putting real species of coyotes and gray wolves at risk, saying nothing about the dangers associated with unpredictable wild dogs running loose and protected, as well as diseases, viruses and parasites.

Another of the fake “red wolves” of North Carolina was shot and killed and environmentalists, that more closely resemble the assortment of mentally ill patients in the movie, The Snake Pit, are bouncing their heads off walls demanding whoever was responsible be given capital punishment for it.

The person responsible for erecting the below billboard, had this to say about the event: “This “wolf” program is on a life support system composed of lies.  We are still very hard at work, albeit a little bit more behind the scenes than before. We have submitted lots of irrefutable evidence into the current 5 year review that should end this charade.  Much of the evidence centers submitted around the USFWS definition of species and this DNA study:

http://advances.sciencemag.org/content/2/7/e1501714.full

The “wolf” population is quickly disappearing and is proving it is no where close to being a “self sustaining” population after 30 years of efforts.  Wildlife populations on my farm are now rebounding as I have removed wolves.  I understand the Trump administration wants to put control of the wolves in the hands of the States. This will be favorable for us, with the exception that NC elected a very liberal Governor that is highly supported by the NGOs.  It is my hope that Mr. Beers becomes our new USFWS Director.  He is exactly what we need.

The attached billboard I put up in the heart of Red Wolf territory has caused quite a stir with USFWS.  The billboard highlights the two issues we have, USFWS flooding their refuge which in turn is flooding our crops and also destroys what was supposed to be their “ideal red wolf habitat”.  I am going to fight this issue any legal way I can. 😉

Good luck Mr. Beers.  Rural America needs you!

Sincerely.”

Wisconsin Senator Calls on Senate Leadership to Delist Great Lakes Wolves

Wisconsin senator Tammy Baldwin has written a letter to Senate majority and minority leaders asking them to take action to remove grey wolves from protection of the Endangered Species Act pertaining to the Great Lakes Distinct Population Segment of grey wolves. The move is similar to the Congressional action that resulted in the delisting of wolves in some of the Northern Rockies, excepting Wyoming.

To read the full letter, click on this link.

As when it took congressional action to delist wolves in the Northern Rockies, including a statement prohibiting any court actions on the delisting, the same can of worms stands to be opened in the Great Lakes region. Which brings me to what I find as a very confusing statement made by Senator Baldwin in her letter to Senate Leadership.

“I am proud to support the Endangered Species Act, which has protected iconic species and wildlife for the benefit of future generations. Because of the good work done by so many bringing back the wolf population, I am also proud to support its delisting.”

I find it puzzling that, with a straight face, anyone can say, out of one corner of their mouth, they support the Endangered Species Act, and out of the other they are asking for Senate action necessary to delist wolves because of the flaws written into the Endangered Species Act, combined with abuses and corruption in the Court System. This is typical political double-speak.

Anyone supporting congressional action to override the Endangered Species Act and the ability of the Courts to carry out written laws, cannot support either. The only pride they can take is their success in swindling the people for votes and money.

Nothing changes!

The only question that remains is how long before environmentalists use their great wealth to buy Washington in order to place bill riders that will prohibit delisting and any court action against such a prohibition. As the old saying goes, “What goes around, comes around.”

But don’t go look!

 

5-Year Status Review of the Red Wolf

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are initiating a 5-year status review for the red wolf (Canis rufus) under the Endangered Species Act of 1973, as amended (Act). A 5-year review is an assessment of the best scientific and commercial data available at the time of the review. We are requesting submission of information that has become available since the last review of this species.<<<Read More>>>