FRIDAY, JUNE 30, 2023
Brian Lynn, Sportsmen’s Alliance

The Endangered Species Act has been a cause for celebration or chaos in the outdoors for many years. The celebrations have happened when species that were on the verge of disappearing were brought back to the point they could be removed from the ESA coverage. And that’s also where the chaos frequently happened. Animal rights groups have long used the ESA as part of their campaign to close public lands to sportsmen. Today, a conversation with Brian Lynn of the Sportsmen’s Alliance about their newest effort to get wolves- more specifically- the population of wolves that makeup the Western Great Lakes Distinct Population Segment (DPS)- delisted. The Sportsmen’s Alliance has taken a unique approach to the delisting which could make the process simpler -and eliminate the potential “sue and settle” tactics employed by animal extremists. Food for thought as we begin a holiday weekend.

QA Outdoors

The Sportsman's Coalition is filing two petitions to the US Fish and Wildlife Service. It may seem a little redundant to some people, so would you take a second and explain the challenges in getting animalsde listed?

Brian Lynn

We've been fighting this wolf battle for well over 20 years now. It's changed. The question is no longer “are the wolves recovered by population status”, they far surpassed that years ago.

What's happening has been in the court systems. We’ve de listed a multiple times. Then the Humane Society United States (HSUS) and Center for Biological Diversity (CBD), these groups sue, and keep bringing up different points of contention.

It's kind of moved from population status, which is what we all think of as “Are there enough wolves in this area?” Or “what was the D listing threshold?” Since we’ve far surpassed that, it seems like it's a no brainer.

Well, their arguments then shifted to historic range, and suitable habitat within that historic range. And the impact hunting and natural mortality would have on these distinct populations where the wolves are recovered. If something happens to those core populations, basically, what's the impact to these remnant populations where the wolves haven't met thresholds or are just beginning to take hold?

And so the courts said, Yeah, you're right, you have to consider this Fish and Wildlife.

When you do delist these, you have to consider historic range, suitable habitat, and these remnant populations, how we handle these things.

So they laid out a pathway. Now I believe Fish and Wildlife just completed kind of that consensus work.

So we saw an opportunity to strike and file these petitions using their own data that they that they have, and our dual approach.

One is to Delist, the western Great Lakes, wolves, those found in Minnesota, Michigan and Wisconsin.

We've delisted them three times - they've been put back on each time and because of these different arguments. This time, we are asking them to delist these wolves because they've surpassed all thresholds and everything else.

Then we're asking them in our second petition to create a West Coast wolves DPS. It’s part of the Rocky Mountain DPS right now. But the Rocky Mountain DPS includes the eastern third of Oregon and Washington. But now the wolves are expanding into Western Washington, Western Oregon and down into California.

So we want them to create a new Distinct Population Segment is what that stands for West Coast wolves that would be that outside the Rocky Mountain boundaries.

That way, nothing can happen to the Rocky Mountain population. There’s a fear they would have tried to limit hunting of that population, claiming these wolves are really part of it.

So we're asking them to carve out those (wolves), create a new DPS, the Rocky Mountain wolves as they are delist, the Great Lakes wolves.

And in that second petition about carving out the Western wolves, we're also asking for remnant populations. This would allow remnant populations as these wolves expand out of their distinct population segments. They become protected automatically, until recovery goals are met, while leaving the distinct populations to be managed by the states.

QA

Most of us are not accustomed to dealing with this sort of craziness. And this sounds like the need is for the application of a single word that apparently doesn’t get used much anymore: logic.

Doesn't it seem logical that as they expand into other areas, they've automatically meet the goals where they were? If they weren’t, why would the if there weren't Yeah. Why would they move?

Brian Lynn

That is logical. But Fish and Wildlife has to follow the process. They've just completed - I believe -the data process. But this goes back to the 2017 ruling that put the western Great Lakes wolves back on the endangered species list. Courts said, “you have to figure this out, you have to go through the process and aggregate this data, this these populations, these remnant populations, the habitat historical, you have to take it all in.”

So they've just done that. So now that they have it, we're going to use it to ask them to take these two actions.

QA Outdoors

Again, I’m guessing here but you’re thinking they’ll not be prepared for that. Not to use the data that’s already there to encourage them to take appropriate action.

Brian Lynn

In the 2017 ruling, that's we were arguing against the HSUS, we lost, right? Everybody thinks we lost when they put wolves back on the endangered species list. But we lost the battle, not the war. That’s because the judge ruled in our favor on a key point. Ty of the United States argued that species can only be listed under the Endangered Species act by distinct population, that they couldn’t be delisted.

And we said, No, you can delist, too. And the judge agreed with us.

Now that they (the USFWS) has done this comprehensive review, we're using that ruling that we won in 2017 as a mechanism to delist these wolves. Then create a new DPS, and manage them separately.

QA

This makes perfect sense ..unless you’re watching the depredation of the wolves on cattle and livestock populations. There it seems you're in a no win circle. And Brian, it’s especially infuriating that the HSUS and many of these organizations then turn around and essentially bill the government for their lawsuits.

Brian Lynn

Yes, “sue and settle” - they’ve been making millions off of that. You know, if they win a couple of key points inside their lawsuits they can file for reimbursement.

That's an abuse of the Endangered Species Act that’s been going on for years now. There's been some call to reform and fix it.

Of course, it gets distorted in mainstream media, into…you know, that Republicans are trying to kill the environment and kill all of our species and etc, etc, completely misrepresented.

QA Outdoors

This is big news, especially going into a holiday weekend. Usually this kind of news isn’t something you break on the verge of a big holiday weekend -because, essentially, nobody cares. Going into a holiday weekend is when you quietly announce bad news. Announcing this now really isn’t a terrific PR strategy, is it?

Brian Lynn

(Laughing) Not at all. But there are so many moving parts as you can imagine, when you're dealing with lawyers and in you know, government filings and working experts in the field. Just making sure the petitions are correct. We’ve been working on this for a couple of months, and now it’s all buttoned up.

QA Outdoor

An old legislator acquaintance of mine used to say “Sonny, you take what you can, when you can, however you can, if you can.”

So let's button this up a little bit. What's the next step in the progression here? If it if this turns out the way you think,

Brian Lynn

Well…. Fish and Wildlife will probably take it under advisement . Then, hopefully, they will see the pathway and agree with us. You know, the Biden administration has done a lot against sportsmen as far as lead ammunition and fishing tackle and public lands and things like that.

A lot of times they've been on the same side with wolves, though, you know. The US Fish and Wildlife Service defended the lower 48 ruling of delisting wolves. So hopefully… they see this and see it as “Yeah, this is the path forward, this is what the courts have required.”

And they'll take that and create through the process and open that up, you know, to public comments, and move forward with it.

QA Outdoors

Which will probably lead to the general outpouring from animal rights activists across the country who will flood the comments… then file some sort of the litigation. So how long realistically before something might happen?

Brian Lynn

Hopefully, if the administration sees this is the way forward and move the rulemaking process forward. When they want to get things done, when it fits their agenda, they can. Hopefully, this is something that they they do want, you know, it's the is the way out of this political morass that we've been in for 20 years.

QA Outdoors

And I believe everyone would agree, political morass is the accurate description for this. No one wanted this situation, except maybe the “sue and settle” folks.

Brian Lynn

Yep. Gizzly bears and wolves are fundraising machines for them, you know. They make a ton of money. They're the cash cows for them. So they will fight tooth and nail - and they'll fundraise off of this, I'm sure.

But, you know, we've been at this for so long. It's been such a long battle for 20 years fighting these guys in court on this. It’s really a chess game. And they're running out of moves. You know, they're getting blocked in and the end game is coming.

We think this is the end game.

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