Wolves rate special status inside Oregon
by MICHAEL MILSTEIN in the Oregonian
05/29/02
UKIAH — If gray wolves are roaming the hills and forests of Eastern
Oregon, as many biologists suspect, they may have found a remarkable
refuge: Not only are wolves federally protected as an endangered species,
it turns out they are also strongly protected in Oregon by a little-known,
little-understood state Endangered Species Act.
The state law passed in 1987 has dwelled in the shadow of the well-known
federal Endangered Species Act. But it’s becoming clear that even if
federal agencies remove wolves from their endangered list, as they propose
to do this year, state law would still safeguard the predators throughout
much of Oregon.
And much to the chagrin of Eastern Oregon ranchers who fear wolves will
threaten their livestock, it now appears the state must encourage the
recovery of resident wolf populations within Oregon.
“There is a recovery obligation, and we’re trying to understand what that
means exactly,” said Bill Cook, a state Department of Justice attorney who
works with the Oregon Fish and Wildlife Commission. “We’re trying to
understand how that might dovetail with other wildlife laws.”
Wolf advocates argue Oregon officials now have no choice but to accept and
protect wolves as one of the state’s original wildlife species. But
ranchers view the unfolding law as an unfair burden on agriculture and are
mounting a campaign to have the Legislature revise or repeal it.
At least three wolves have entered Oregon since biologists reintroduced
the species to Central Idaho and Yellowstone National Park under a federal
recovery effort starting in 1995.
One of the animals was shot illegally near Ukiah, and another was struck
and killed by a car. The third was taken to Idaho by federal agencies at
the urging of state wildlife officials.
Oregon does not figure into federal wolf recovery goals, but wolf
advocates say the state holds promising habitat for the carnivores in the
Blue Mountains, Cascades and Siskiyous. And biologists suspect a few
wolves are roaming Oregon.
Continuing wolf sightings cluster around Ukiah, in the lofty heart of the
Blue Mountains between Pendleton and John Day.
Oregon wildlife officials had long given little weight to the state
Endangered Species Act, last amended in 1995. A current handout from the Department
of Fish and Wildlife says the state act is “much more limited in scope”
than the federal law and “affects only the actions of state agencies on
state-owned or leased lands.”
A closer reading
But Cook’s new, closer reading of the law for the Fish
and Wildlife Commission has revealed that the state law does more than
that. It may be just as tough — and tougher on some points — than the
federal act. For instance: The state law prohibits the killing or capture
of wolves on all public land, including the 60 percent of Oregon in
federal ownership. It does not apply to private land, as does the federal
law. There is little or no way under the state law for ranchers to shoot
wolves that attack livestock. The federal law, in contrast, permits
control of problem animals under certain circumstances. A species can be
removed from the state endangered species list only after it has recovered
within Oregon. The law does not specify how many animals are necessary for
recovery, however. The state must develop guidelines — and possibly a
full management plan — to ensure the survival of animals protected by the
state act. It has not done so for most species, including wolves.
Species listed under the federal Endangered Species Act were automatically
included under the state act when the Legislature passed it 1987. That
included wolves, certain whales and others. Species added since then must
go through a listing process that includes public notice, hearings and
scientific analysis.
Oregon ranchers and hunters are circulating a petition demanding the Fish
and Wildlife Commission remove wolves from the state list on the grounds
they we re exterminated decades ago and do not warrant protection. They
plan to submit the petition before a commission meeting on wolves June 6.
“They cannot be endangered if they don’t exist,” said Glen Stonebrink,
executive director of the Oregon Cattlemen’s Association, which will be
joined in the petition by the Oregon Farm Bureau, Oregon Grange and Oregon
Hunter’s Association. “It would be an huge added burden for something no
one wants.”
But Cook advised the Fish and Wildlife Commission last month that wolves
could be removed from the state endangered list only with scientific
findings showing the population is secure within Oregon.
Looking for flexibility “We’re looking at it and turning it upside down to
make sure we didn’t miss something that might provide some flexibility or
management tools,” Cook said.
Wolves have multiplied rapidly in Idaho, Yellowstone and Montana under the
federal recovery program. They number about 30 packs and close to 600
animals. Federal officials will begin the process of dropping them from
the federal endangered list this year, although wolf defenders likely will
contest the move.
A few packs reside in Idaho about 50 miles from the Oregon line.
Only about 20 percent of the wolves in Idaho wear radio tracking collars,
however, so biologists cannot tell how many may have wandered across state
boundaries. There is no sign of breeding packs in Oregon.
Federal agencies have warned Oregon wildlife managers during the past two
years they will not chase down wolves that venture into the state unless
they cause problems. Once wolves lose federal protection, management will
be up to the states.
“Before it gets as hot as I know it will, we need to find out what our
options are,” said John Esler, chairman of the Fish and Wildlife
Commission. “I don’t want to pretend the problem’s not going to exist in
Oregon, because the problem is going to introduce itself.”
—– You can reach Michael Milstein at 503-294-7689 or by e-mail at
michaelmilstein@news.oregonian.com.