The Center for Biological Diversity, the Defenders of Wildlife and several other non-governmental organizations filed a lawsuit in the Federal District Court of Arizona against the USFWS alleging failure to develop a valid recovery plan for the Mexican gray wolf population. In 1982, the USFWS developed a plan that the CBD claims did not include a comprehensive recovery plan for the species as required by the Endangered Species Act. The goal of the recovery plan was to reestablish at least 100 wolves in 5,000 mi2 of the subspecies historic range. In 2012, the USFWS drafted a plan that called for establishing three interconnected Mexican gray wolf populations. One of the population areas was to encompass the southern half of New Mexico, including the Gila National Forest and overlapped the lesser prairie chicken area. The 2012 plan was subsequently abandoned due to significant grassroots efforts in the ranching community. The CBD has completed a new report, “Deadly Wait: How the Government’s 30 Year Delay in Producing a Recovery Plan is Hurting Recovery of Mexican Gray Wolves,” which it has submitted to the court as an exhibit.
As per the New Mexico Game and Fish Department August 2014 Bi-annual report, the 2011 population surveys indicated a minimum of 58 wolves were present in both states, an increase from 50 in 2010. Of these 58 known wolves, 26 (in six packs) were present in New Mexico (USFWS, 2012). The minimum population estimate at the end of 2013 was 83 wolves with five
breeding pairs. In June 2011, the New Mexico State Game Commission directed NMDGF to suspend its participation in the Mexican Wolf Reintroduction Program except for activities required under the Wildlife Conservation Act. This action became effective on June 30, 2011. Also in 2011, the U.S. Fish and Wildlife Service convened a Mexican Wolf Recovery Team with its cooperators and are working towards revising and updating the 1982 recovery plan for the Mexican gray wolf (USFWS, 2012). NMDGF is not participating in the recovery plan revision but is a cooperating agency in the development of an environmental impact statement for the proposed revision to the nonessential experimental population of the Mexican wolf (Canis lupus baileyi) and the implementation of a management plan.
It is interesting to note that this new petition comes on the heels of a decision in the District Court of the District of Columbia, Defenders of Wildlife and Animal Humane v. Sally Jewell, Case No. 1:12-cv-01833-AB (D.DC 2014) wherein the Court questioned the veracity of the state of Wyoming’s wolf recovery plan and found that it was “arbitrary and capricious” for the USFWS to rely on the states nonbonding promises. However, the Court also refused the agreement with the Defenders that the USFWS decision not to list the species as threatened or endangered in a significant portion of the range should be overturned. The court sent the case back to the agency to rework the plan to protect the species. Because New Mexico Game and Fish Department does not have an active role in the wolf reintroduction program, it is unlikely that their analysis will be relied upon by the USFWS in its wolf recovery environmental impact statements. However, this case will make it more difficult for the USFWS to work cooperatively with state agencies in counting the wolf population and estimating minimum population growth.
In addition, as we have reported previously, the Centers for Biological Diversity has also appealed the USFWS decision to allow for travel within the Gila National Forest on the ground that species, such as the Mexican gray wolf will be impacted by human intrusion to their habitat. I have been unable to determine what, if any, actions the Gila National Forest has taken in response to this petition. I am watching this issue develop as it has the potential to expand to other species.
