Molloy agreed somewhat with the conservation groups, saying the rider was a "debatable policy change", writing that "inserting environmental policy changes into appropriations bills may be politically expedient" but that it "transgressed" constitutional process.As a result of the court's decision on Wednesday the wolves will remain unprotected. In the meantime the Alliance for the Wild Rockies will continue their fight, taking the battle to the 9th Circuit Court of Appeals. Executive Director Mike Garrity says:
However, he [Molloy] goes on to write in the 18-page brief, "If I were not constrained by what I believe is binding precedence from the Ninth Circuit," that he would say the rider is "unconstitutional because it violates the Separation of Powers Doctrine."
"This is about protecting wildlife but also standing up for citizens' rights to make Congress follow the Constitution. So, we think if Congress can do it to the environment, they can do it to any issue. If Congress doesn't like a particular issue they can just step on the Constitution and tell the courts that what they did was wrong."Unfortunately the court of appeals decision will only affect next season's hunt, and thus this season's hunt will go forward as planned. Here is an overview, by state, of this season's hunting rules and regulations:
The Montana Fish Wildlife and Parks Department is allowing the killing of 220 wolves, the season begins with archery licenses going on sale August 8th. The plan requires hunters to call in a kill within 12 hours, and they claim they will monitor the numbers very closely. Closing the season as soon as the numbers get close to 220 to ensure no over killing. Here is a more detailed look at the 2011 wolf program, the 2011 wolf management fact list, and the Environmental Impact Statement (which was written in 2003.)
The Idaho Fish and Game Department has established numbers per zone for the 2011-2012 hunting season, previously the total number was 220, the same as Montana. However, Idaho hunters must purchase tags, max of 2 per person (3 tags if using traps), one tag per wolf. They must call in a kill with 72 hours, and present the skull and hide within 10 days of the kill.
If either state allows the wolf population to fall under 150 wolves or 15 breeding pairs per state then the wolf will be automatically relisted according to the U.S. Fish and Wildlife Service.