Hmm. Never thought about that.
The American Alligator was listed under the ESA. When it was delisted in 1987, it was fully expected that it could be hunted, trapped, even sold for meat and hides when the populations allowed for such. They aren't Benjamin Bovines (cash cows) like wolves and Gbears, so I don't think the idea of hunting and trapping mattered. That was before litigation under the ESA was popular, but I think the fact that alligators are not a cash cow would have prevented any litigation over hunting, trapping, selling for meat/hides.
I don't know if a 5-year moratorium would have made any difference with a warm and fuzzy cash cow like grizzlies. I think it would be litigated no matter what and history supports that. Using history as an example, even before the states had started planning possible Gbear hunting seasons, the first to ESA delisting (2007) was litigated, even though there were no hunting seasons anywhere close on the horizon. To the point that there was immediate hunting plans for grizzlies, that is not the case in the first delisting.
The interesting fact is that we probably have an even more restrictive constraint on hunting Gbears int he GYE. Under the GYE conservation strategy, we have allowed human caused mortality limits/protections. Both for the total population and female subquota. That applies, even if delisted. See the chart below for the allowed human-caused mortalities, based on what the prior year population was within the Demographic Monitoring Areas (DMA).
View attachment 212071
So, if we exceed the human-caused mortality limits, like we have most years in the last decade, there would be no remaining allowed human-caused mortality and thus no hunting. So, there isn't a defined period, say in 5 years, rather there is a tighter constraint on when hunting would be allowed.
We also have the total population limit at which any discretionary mortalities (hunting) would cease. This is set at 600 bears. We have averaged 670 +/- for a long time. Now, new counting methods are being considered for better accuracy, but the litigators are fighting that, as then we have more cushion between what would likely be a higher count under the new method and the baseline of 600 bears below which all discretionary mortality is removed.
I guess the point for me is that hunting or no hunting, the cash incentives are just too high for the litigators to walk away from and take a victory lap to celebrate that we have recovered on the largest and most difficult species we have; grizzly bears.
I think the same comments above would apply to wolves. I mean look at the current ruling this week. Many of the states don't even have planned hunting seasons; CA, OR, WA, UT, CO, but rather than just focus on the states where hunting plans could be implemented, MN/WI/MI, they litigated for the entire country, whether hunting was or wasn't allowed. So, I think the hunting is just a good marketing tool that makes their efforts even more profitable, but they would litigate with or without hunting planned.
My own post script to this ramble - On the hunting side, I think too much focus is given to the notion that delisting is synonymous with hunting. The purpose of delisting isn't to create hunting seasons. The purpose is to make sure the population is no longer threatened and that the habitat criteria and management plans insure a long population above the set criteria. I think this is where hunters miss the mark. Delisting is not not an effort to establish hunting seasons. If we want hunting season, we need to make sure we have robust populations of whatever species, and those need to be far, far, above any establish criteria in a Federal Conservation Strategy or an approved state management plan.