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l)R\nr EIS APi'KNDIX 1 



The Council acknowledges that tolerance for wolves on private property is fundamental to wolf population 

 recovery and range expansion. Furthcnnore, we recognize that wolf recovery in Montana will result in the 

 loss of personal property by wolf predation. Citizens should be compensated for livestock losses at fair 

 market value. Compensation is critical to building tolerance for wolves by citizens who are adversely 

 affected by wolves. 



Montana Fish, Wildlife & Parks funds should not be used to make compensation payments for livestock 

 depredations. 



• Montana Department of Livestock and USDA Wildlife Services should take an incremental approach to 

 addressing wolf depredations on livestock, guided by wolf numbers. When wolf numbers are low, more 

 conservative methods should be applied whereas increasingly more aggressive control methods should be 

 applied as wolf numbers increase. 



Recommendations 



We. the Council, also make the following specific recommendations regarding legislation, funding, and educational 

 efforts necessary for plan implementation. 



legislation 



The wolf is listed as a state endangered species in Montana under the Nongame and Endangered Species 

 Conservation Act (87-5-109 MCA) passed in 1973. Under this statute, the wolf is legally protected from take except 

 for specific purposes (scientific, zoological, or educational) or in specific circumstances under a permit issued by the 

 FWP Director. Wolves may also be taken without a pennit in emergency situations involving an immediate threat to 

 human life. Action by the Montana Legislature is required to remove a species from a state classification as 

 'threatened' or 'endangered.' 



In 1995, the Montana Legislature passed Senate Bill 394, which amends Title 81 (Department of Livestock) sections 

 by adding the wolf to the definition of predatory animal (81-7-101, MCA). Furthermore, it stales, 'The Department 

 of Livestock shall conduct the destruction, extermination, and control of predatory animals capable of killing, 

 destroying, maiming, or injuring domestic livestock or domestic poultry, and the protection and safeguarding of 

 livestock and poultry in this state against depredations from these animals" (81-7-102, MCA). This section also 

 states that the Department of Livestock shall "adopt rules applicable to predatory animal control which are necessary 

 and proper for the systematic destruction of the predatory animals by hunting, trapping, and poisoning operations 

 and payments of bounties." The effective date of this Act is "whenever the gray wolf is removed from the list of 

 threatened or endangered species by the appropriate agency of the United States government." 



The USFWS will not delist the gray wolf in Montana while the wolf remains classified as a "predatory animal" 

 because FWP would have no ability to regulate take and the Department of Livestock would be required to conduct 

 its extermination. Unless Statute 81-7-101 is amended, Montana would not have adequate regulatory mechanisins in 

 place to assure the USFWS that wolves would not require subsequent reclassification and federal protection under 

 the Endangered Species Act. 



Montana Statute 87-3- 1 30 addresses the taking of wildlife to protect persons or livestock. It states that there should 

 be "no criminal liability for the taking of wildlife protected by this chapter if the wildlife is molesting, assaulting, 

 killing, or threatening to kill a person or livestock. " After wolves come under state management authority, the 

 Council understands this Statute to also extend to livestock producers protecting their livestock from wolves which 

 are found "molesting, assaulting, killing, or threatening to kill." However, it is unclear whether this statute could 

 also be interpreted to include domestic pets and guarding animals under the concepts of defense of life and 

 protection of livestock. 



The Council makes the following legislative recommendations: 



• Amend 81-7-101 to remove the wolf from the list of "predatory animals." 



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