WASHINGTON, D.C. — A federal judge has put the gray wolf back on the Endangered Species Act list of protected species, at least for now. 

The immediate effect of the ruling, issued Dec. 19, is to cancel any planned wolf hunts that might have been in the offing in the affected states, namely Michigan, Minnesota and Wisconsin. The judge’s ruling formally affects the so-called Western Great Lakes Distinct Population Segment (DPS), which includes nine states altogether. Aside from the three already mentioned, the list includes portions of Ohio, Indiana, Illinois, North Dakota, Iowa and South Dakota. Only Michigan, Minnesota and Wisconsin have gray wolves at this time. 

“In the short time since federal protections have been removed, trophy hunters and trappers have killed more than 1,500 Great Lakes wolves under hostile state management programs that encourage dramatic reductions in wolf populations,” said Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation at the Humane Society of the United States (HSUS), an animal rights group that was one of the plaintiffs in the lawsuit. “We are pleased that the court has recognized that the basis for the delisting decision was flawed and would stop wolf recovery in its tracks.”

Also in its statement, dated Dec. 19, HSUS said that under state rules, a Wisconsin 2014 wolf hunt resulted in the killing of 154 wolves, and an additional 272 were killed in a recent Minnesota hunt. Michigan had a wolf hunt late in 2013 in which 23 wolves were killed. According to figures from the U.S. Fish and Wildlife Service (FWS), there are 3,686 wolves in the Western Great Lakes DPS. Michigan has anywhere from 700 to 1,000 wolves at this time, most if not all of which live in the Upper Peninsula, except eight that live on Isle Royale. 

FWS spokesman Gavin Shire said the Service is evaluating the decision and will determine next steps in concert with the Department of Justice and the affected states. 

“We are disappointed by the court’s decision,” Shire said in a prepared statement. “The science clearly shows that wolves are recovered in the Great Lakes region, and we believe the Great Lakes states have clearly demonstrated their ability to effectively manage their wolf populations. This is a significant step backward.”

Effect on farmers

Michigan Dept. of Natural Resources (DNR) spokesman Ed Golder had choice words for the federal court, describing the judge in the case – U.S. District Judge Beryl Howell – as a “distant federal judge.”

He said the DNR is surprised and profoundly disappointed by the decision, in part because of the negative effects it will have on Michigan farmers.

According to Golder, the judge’s decision will mean that now wolves can only be killed in the immediate defense of human life. “The ability of livestock or dog owners to kill wolves while they are in the act of depredation ... has been suspended,” Golder said. 

Golder added that lethal control permits previously issued by the department to livestock farmers are no longer valid and that these individuals have already been contacted regarding this change. 

The DNR has applied for a federal permit to allow the use of hazing methods with the potential to kill wolves, such as rubber bullets, buckshot and bean bags. The depredation compensation program for livestock owners is still in effect. 

“Wolves in Michigan have met federal recovery goals for 15 years and clearly do not meet the definition of an endangered population,” Golder stated. “The Endangered Species Act was designed to help fragile populations recover, not to shield recovered populations from the use of effective and sustainable wildlife management techniques.”

No decision on a possible appeal has been made yet.

The judge in the case had a number of problems with the FWS’ final rule removing the gray wolf from ESA protection. In his opinion, Howell wrote that the lack of regulations regarding the wolf in the states where it used to reside, but no longer does, is a problem. The FWS never provided an adequate rationale as to why the wolf’s historical range, rather than its current range, is no longer relevant, Even though the wolf doesn’t live in these areas now they could easily migrate back to these places at any time, Howell wrote. If that were to happen, the lack of regulations in these places could threaten the wolf’s existence, according to Howell. 

He also expressed concerns about Minnesota’s wolf recovery program, in which hunters are allowed to kill wolves in virtually unregulated fashion in one area. According to Howell, the recovery plan would allow all 450 wolves in Minnesota’s zone B to be killed.