C'llAI^TKR 3: AI.IIiRN.\TlVE.S 



Implementation of this Alternative 



Section 6 of ESA provides an opportunity for cooperative agreements between USFWS and the states for 

 the conservation of endangered or threatened species. Implementation of this alternative would involve 

 FWP modifying the existing Section 6 agreement with USFWS to include wolf conservation and 

 management. USFWS may have to fulfill other administrative responsibilities prior to implementing this 

 alternative. FWP would implement the Updated Council Alternative (2) to the extent allowable by 

 federal law (and existing rules) while the species is still listed. The State of Montana would be the 

 primary decision maker. USFWS would maintain some oversight authority to assure that FWP does not 

 violate the agreement, violate ESA or federal rules, or stray outside the provisions outlined in this 

 alternative. USFWS would annually review the state's program. WS would still investigate and resolve 

 wolf-livestock conllicts as described in Alternative 2 (Updated Council). Implementation of this 

 alternative is contingent on securing adequate funding from federal and private sources for all program 

 elements. 



FWP and USFWS would renew the agreement, even modify it when and where necessary, until all three 

 states have acceptable management plans and adequate regulatory mechanisms, USFWS has completed 

 its delisting process, and any litigation delaying the transfer of management authority is resolved. 



Upon delisting, FWP would take the administrative steps necessary, including MEPA compliance, to 

 adopt and implement the remaining provisions of the Updated Council Alternative (2) that had been 

 prohibited by federal law. State laws and regulations would then fully guide the program, including 

 SB 163 provisions that reclassify the gray wolf from "endangered" to a "species in need of management." 

 This classification confers full legal protection. 



There is an important caveat to this alternative that would affect FWP's decision whether to implement it 

 should delisting get delayed. In 2000, USFWS proposed new rules that would downlist wolves in the 

 Northwestern Montana Recovery Area from "endangered" to "threatened." The new rules, if finalized, 

 would provide for greater agency fiexibility in resolving confiicts. If USFWS does not adopt the final 

 rule, FWP would no longer consider implementing this alternative. FWP would be precluded from 

 implementing nearly all aspects of Alternative 2 (Updated Council) because wolves would still be 

 "endangered" in northwestern Montana and FWP would have very limited management fiexibility. FWP 

 expects USFWS to announce the decision in the near future. 



How Does this Alternative Address the Major Issues? 



Wolf Management, Numbers and Distribution . FWP would implement all the conservation and 

 management elements outlined in the Updated Council Alternative (2) that are consistent with and 

 allowed by federal law and regulations (see Table 22). Nearly all aspects would be allowed in some form 

 or another, but the circumstances by which gray wolves could be injured or killed is an important 

 exception because wolves would still be listed under ESA. Regulated harvest of wolves through hunting 

 and trapping is not possible under this alternative. Furthermore, special kill permits issued by FWP to 

 address wolf-livestock confiicts would be subject to the same provisions as the federally issued permits. 

 These permits are discussed in greater detail in the Livestock / Compensation section below. 



Social Factors. The social factors underlying a balanced, responsive program, as described in Alternative 

 2 (Updated Council), are also refiected in this alternative. Additionally, the alternative responds to 

 Montanans' concerns that they could be negatively affected by increases in wolf numbers and distribution 

 and a lack of management authority by Montana if the wolf was not delisted in a timely manner. Many 

 citizens commented that it seemed unfair for Montanans to be negatively affected by delays beyond their 



96 



