The Endangered Species Act should be renewed, but changes are needed to address "some of the basic problems" that burden it today, Gov. Dave Freudenthal says.

The governor offered his suggestions for Endangered Species Act reform Monday in Washington, D.C., to a National Governors Association committee.

Speaking to reporters via telephone after his presentation, the governor said there are problems with the law that make it subject to lawsuits and political fights, and reform is needed to focus on how the act will be administered.

Doing away with "frivolous" lawsuits is one way to strengthen the act, he said, but how to weed those out may be difficult to implement.

He said the requirement for an "adequate regulatory mechanism" to be in place before a species is removed from federal protection is problematic, because it has become a state regulatory mechanism, "which then transfers both the legal and financial responsibility to the states."

That should be a federal mechanism, Freudenthal said.

"In the context of Wyoming, they could proceed today to delist (wolves) without blackmailing us that we have to develop a plan because under the federal regulatory mechanism in fact the wolves are prospering," the Democrat said.

Another area of reform should come regarding "distinct population segments," he said.

"We're suggesting that, for instance, if the wolf is doing well in Wyoming, go ahead and delist it in Wyoming and not worry about how the wolf is doing in Oregon," he said. "If Oregon needs to do some things, they should do them, instead of holding a state like Wyoming captive as you wait for the process to go forward."

Earlier this year, a federal judge in Oregon ruled the federal government violated the Endangered Species Act by moving toward delisting by lumping the animals into three population segments, then saying the animal was nearing recovery.

The judge said certain areas of the West were carrying wolves for the rest of the area when wolves were not thriving in those other areas.

Freudenthal also suggested to the group that some money from federal mineral royalties be allocated back to the states to help with habitat programs.

"It's sort of making the point that it's the federal government who created this problem in terms of the impact on the states, and that they should pay for it," he said.

The U.S. Fish and Wildlife Service should have additional funding, he said, particularly those divisions that deal with species recovery and delisting.

Freudenthal said scientists' findings should be peer reviewed to make sure "best available science" is being used.

He said in the case of the Preble's meadow jumping mouse, the state's science was not used by the Fish and Wildlife Service, and Wyoming ultimately had to take the matter to court.

"My suggestion is that the state Game and Fish agencies in the relevant states be allowed to participate and to designate part of the scientists that participate in the peer review so that in fact it's a true partnership between the state and federal government," he said.

Still, Freudenthal said it's difficult to reconcile different scientists' opinions, and there may be scientists with a "predisposition" about a matter.

"You try to make sure the forum is balanced over time and trust that ultimately the scientists will reconcile their views," he said. "You try to expand who gets to participate in the selection of the plan (so) that you may have a better balance of the predispositions of the participants on the panel."

Finally, Freudenthal said the states should be given "cooperating agency" status in the act. That would allow states to participate in scientific reviews but would not give states any role in determining the listing of a species.

Freudenthal joins U.S. Sen. Craig Thomas, R-Wyo., and others in pursuing Endangered Species Act reform. Thomas has said the act is "broken" because too much emphasis is placed on listing species and not enough on recovery.

Freudenthal said it will likely take a year for ideas to go from "discussion to policy."

Environmental reporter Whitney Royster can be reached at (307) 734-0260 or at royster@trib.com.