Killing Wolves to Save Them? Legal Responses to ‘Tolerance Hunting’ in the European Union and United States

• Published in: Review of European Community & international environmental law Vol. 26; no. 1; pp. 19 - 29
• Main Author: Epstein, Yaffa
• Format: Journal Article
• Language: English
• Published: Oxford Wiley Subscription Services, Inc 01.04.2017
• Subjects: Animal populations; Canidae; Courts; Disputes; Endangered Species Act; Environmental law; Habitats Directive; Hunting; International law; Killing; Laws; precautionary principle; Protected species; Public opinion; Scientists; Tolerance; Wildlife conservation; Wolves; United States > US; ANE, Sweden; ANE, Finland; USA
• ISSN: 2050-0386; 2050-0394; 2050-0394
• DOI: 10.1111/reel.12188

Wolves are protected by law in both the United States (US) and European Union (EU). These laws restrict the harming or killing of individual members of protected species, but allow it in selective circumstances, such as when killing some individuals would benefit the species. In both unions, some states have argued that allowing the public hunting of wolves would in fact benefit the species by improving social tolerance for wolves, a claim that is currently the subject of controversy among scientists. In the absence of clear evidence that hunting is favourable for wolf populations, US courts have repeatedly struck down policies that allowed it. While hunting wolves to achieve their social acceptability is likely to also violate EU law, the EU court has not yet resolved the question and hunting for social acceptance continues in some Member States, such as Sweden and Finland. This article contrasts these legal responses to social ‘tolerance hunting’ and argues that the Habitats Directive should not be interpreted to allow tolerance hunting of strictly protected species. It then uses the contrasting legal situations to engage with the claim that the EU has become more ‘precautionary’ than the US on environmental matters.