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21 Environs: Envtl. L. & Pol'y J. 49 (1998)
Endangered Species Act, Section 10(J): Special Rules to Reestablish the Mexican Wolf to Its Historic Range in the American Southwest

handle is hein.journals/environs21 and id is 143 raw text is: ENDANGERED SPECIES ACT, SECTION 10(J):
Steven Cribb*
Only the mountain has lived long enough to listen objectively to the howl of the wolf.
Aldo Leopold
Federal government efforts to restore endangered wolves to the wild are
among the most romantic and divisive topics in wildlife conservation.' Wildlife
enthusiasts generally favor restoration efforts, viewing wolves as a symbol of
nature and wilderness. Residents of the reintroduction areas, however, fear the
wolves will damage wild game herds and kill livestock.2
In order to ease local residents' concerns regarding reintroduction efforts,
Congress added section 10(j)3 to the Endangered Species Act (ESA).' Section
10(j) allows reintroduced experimental populations of endangered species to
be managed as if they were only threatened.5 Critics of section 10(j) contend that
endangered wildlife, including wolves, should receive full endangered species
protections-even when released under experimental conditions.6 Proponents
of section 10(j), on the other hand, believe that local support of reintroduction
efforts is a key element for long-term viability of reintroduced populations.!
* Steven Cribb is a 2L at King Hall School of Law. He holds a Bachelor of Arts in Philosophy from the University of
California, Davis.
1 See generally, MiMi S. Wolok, Experimenting with Experimental Populations, 26 ENVTL. L. REP. 10,018 (1996).
2 Aurelio Rojas, Return of the Native, S.E CHRON., Nov. 23, 1997, at 4 (quoting rancher who has lost over 60
sheep killed by wolves in Idaho).
3 16 U.S.C. § 1539(j) (1994).
4 16 U.S.C. §§ 1531-1544 (1994).
5 16 U.S.C. § 1539 (j)(2)(C).
6 See Rojas, supra note 2.
7 See, e.g., Establishment of a Nonessential Experimental Population of the Mexican Gray Wolf in Arizona
and New Mexico, 63 Fed. Reg. 1752, 1755 (1998) (to be codified at 50 C.ER. pt. 17) (hereinafter Recov-
ery Plan).

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