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gray wolf from the state endangered species list when it is removed from the federal list. Therefore, 

 separate action to delist the gray wolf under state statute by the Montana Legislature is not required, but 

 FWP would still need to update Administrative Rule 12.5.201, which lists state endangered species. 



Once removed from the state endangered species list, the gray wolf will automatically be classified as a 

 species "in need of management." FWP and the FWP Commission will then establish the regulatory 

 framework to manage the species (MCA 87-5-101 to 87-5-123). "Management" is defined in MCA 87-5- 

 102 as: 



"the collection and application of biological information for the purposes of increasing the 

 number of individuals within species and populations of wildlife, up to the optimum carrying 

 capacity of their habitat, and maintaining such levels. The term includes the entire range of 

 activities that constitute a modem scientific resource program including but not limited to 

 research, census, law enforcement, habitat improvement, and education. Also included within the 

 term, when and where appropriate, is the periodic or total protection of species or populations as 

 well as regulated taking." 



In Montana statute, "take" means to "harass, hunt, capture, or kill or attempt to harass, hunt, capture, or 

 kill wildlife." Thus, through the development of the EIS, FWP and the FWP Commission will establish 

 the management parameters and regulations that limit taking, possession, transportation, exportation, 

 processing, sale, offer for sale, or shipment of wolves. In addition, FWP and the FWP Commission 

 would initiate the law enforcement, population monitoring, educational components, and other elements 

 of a wolf program. 



SB 163 also amended Montana Statute 87-3-130, which is titled "Taking of Wildlife to Protect Persons or 

 Livestock." This amendment becomes effective only when federal protections are removed. As 

 amended, this statute relieves a person from criminal liability for the taking of a wolf if the wolf is 

 "attacking, killing, or threatening to kill a person or livestock." In addition, "a person may kill or attempt 

 to kill a wolf or mountain lion that is in the act of attacking or killing a domestic dog." The definition of 

 livestock includes ostriches, rheas, and emus. These changes are consistent with the concept of protecting 

 human life and private property (livestock and pets) when they are in imminent danger. Citizens must 

 report any wolves killed or injured in defense of life/property to FWP within 72 hours and surrender the 

 carcass, the pelt, and all wolf parts. 



Most importantly, SB 163 resolved an element in Montana statute that was a major impediment to 

 establishing the federally-required regulatoi^ mechanisms to guarantee the security and perpetuation of a 

 recovered wolf population. SB 163 deleted the gray wolf from the list of species designated as "predatory 

 in nature" which are to be systematically controlled by MDOL (MCA 81-7-101 to 81-7-104). In other 

 words, MDOL will not be required to exterminate wolves upon delisting. Instead, MDOL would control 

 wolves for the protection and safeguarding of livestock, as long as the control action is consistent with a 

 wolf management plan approved by both FWP and MDOL. MDOL and FWP would cooperatively 

 address and resolve wolf-livestock conflicts. 



FWP Administration 



In the North American model of wildlife conservation, the states have almost sole authority for 

 conservation and management of resident wildlife. The exceptions are for federal trust species (e.g. 

 migratory birds or threatened/endangered species), reserved federal lands (e.g. national parks), and for 

 Indian reservations, as per treaty rights where the tribes maintain wildlife management authority within 



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