153) These circumstances include: taking or killing a wolf caught in the act of killing, wounding, or biting livestock on private lands;(154) taking or killing a wolf that poses a threat to human safety;(155) taking or killing a wolf in defense of others;(156) and relocating wolves that have wandered outside of the experimental population boundaries(157) or are "negatively impacting localized ungulate populations at an unacceptable level.
161) Likewise, wolves that migrate into Idaho or Wyoming, but outside the range of the experimental population boundaries, would also be considered endangered species.
165) On appeal to the Ninth Circuit, McKittrick argued, among other issues, that the reintroduced wolves had been improperly designated as an experimental population because those wolves were not "wholly separate[d] geographically" from naturally occurring wolves in Yellowstone.
It examined the "wholly separate geographically" language and concluded that the "wholly separate geographically" requirement had not been violated when the experimental population was reintroduced within the range of naturally occurring individual wolves; the requirement only applied to populations of wolves.
173) It pointed out that had McKittrick's argument been valid, and had the experimental wolf he shot lost its experimental status because the experimental population overlapped with the naturally occurring population, the wolf would have been classified as endangered and not experimental.
176) However, the definitions of "essential" and "noneassential" may make the experimental population regulations fundamentally inconsistent with the purposes of the ESA.
182) The flexibility of the experimental population program has thus far proven to be beneficial in the short-term, because it has succeeded in obtaining necessary cooperation from local governments and landowners.
In spite of the obvious success of the various experimental population programs, the long-term benefits are uncertain.
The gray wolf experimental population regulations designate boundaries where the population is to be protected.
200) Even though B-45 traveled from Idaho to Oregon, she was captured and relocated within the experimental population boundaries in Idaho.
The experimental population designation is an exception to the Act's normally stringent section 9 prohibitions.
Because the FWS interpretation of essential is rather narrow, it makes the designation of any essential experimental population extremely unlikely.
216) At first glance, the experimental population provision, section 10(j), seems to do just that.
The agency regulations on experimental populations provide that "[a]ny population determined by the Secretary to be an experimental population shall be treated as if it were listed as a threatened species for purposes of establishing protective regulations under section 4(d) of the Act with respect to such population.
A]ny experimental population found on any unit of the National Wildlife Refuge System or the National Park System remains subject to the full protection of Section 7 other than those protections relating to critical habitat.