Another suit to be filed against Wyoming wolf management

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CHEYENNE (AP) - A coalition of more than two dozen Wyoming agricultural, sportsmen and predator control groups along with county governments announced Tuesday they have served notice of intent to sue over the federal gray wolf recovery program.

The Wolf Coalition, as it calls itself, intends to seek judicial and monetary relief in federal court for alleged violations of the Endangered Species Act because of the U.S. Fish and Wildlife Service's rejection of the Wyoming wolf management plan.

The groups also contend the service failed to properly manage wolves in the state or follow its own recovery plan.

"Our criticisms of the FWS relate to its efforts to change the rules of the game after play has already started," Lincoln County Commissioner Kathleen Davison said in a release.

"The Recovery Plan, Final Rule and Environmental Impact Statement all defined what the end goals were to be. We have met those goals, yet the FWS is now attempting to impose other requirements."

The Fish and Wildlife Service is seeking to dramatically expand the geographic region for the wolf beyond the Yellowstone area, Davison said.

When Wyoming's plan was rejected in January, concern was expressed by federal officials over a so-called "shoot-on-sight" provision in much of the state outside the Yellowstone area to help control a rapidly expanding wolf population.

Ed Bangs, Rocky Mountain wolf coordinator for the service, said from his office in Helena, Mont., he has no problem with citizens filing suit.

"I don't trust government that much, so I'm glad we have a system where people can challenge these decisions," he said.

Bangs said he's somewhat disappointed that the Fish and Wildlife Service wasn't able to more clearly express the reasoning and rationale behind its wolf management decisions.

"We'll defend our position," he said. "I think we made the right decision and I think all the records will clearly show that."

A notice of intent must be filed 60 days before a lawsuit is filed against the government over the Endangered Species Act.

The group's notice was delivered June 28 to Secretary of the Interior Gale Norton, Fish and Wildlife Service Director Steven Williams and Ralph Morgenweck, Denver-based regional director for the service.

The Wolf Coalition claims Fish and Wildlife rejected Wyoming's plan despite the fact the gray wolf population has not only met but exceeded recovery criteria.

The coalition said the government anticipated a "recovered" population would total about 300 wolves. The groups point out that in 2003, the service estimated at least 761 wolves, including 51 breeding pairs, in Wyoming, Idaho and Montana.

By the end of 2003, there were at least 174 wolves in 14 packs living in Yellowstone National Park and 76 to 88 wolves in eight packs living in Wyoming outside the park, according to agency estimates.

The notice further points out that all but one member of an independent review panel concluded that Wyoming's plan would, collectively with the Idaho and Montana plans, maintain recovery goal population numbers.

The groups claim Fish and Wildlife turned down Wyoming's plan not because of science but political reasons and potential litigation, contrary to the Endangered Species Act, which requires decisions based "solely upon the best scientific and commercial data available."

The coalition claims that wolves have severely damaged Wyoming's wildlife, including elk, moose, deer, bighorn sheep and antelope; the state's ability to manage that wildlife and raise revenue; the outfitting and sportsmen industries; agricultural interests because of depredation on cattle, sheep and horses; and property rights of coalition members.

In April, the state of Wyoming filed a similar complaint against the federal government.

Harriet Hageman, a Cheyenne attorney representing the Wolf Coalition, said the groups still have the option of filing to intervene.

"The state's lawsuit is a bit more narrow than ours in terms of the claims being made and we wanted to make sure all of the bases were covered," she said.

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