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Federal rejection of Wyo wolf plan essentially kills legislative bills

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JACKSON - The federal government can't legally allow Wyoming to kill wolves to protect big game until wolves are removed from federal protection, the director of the U.S. Fish and Wildlife Service says.

But state officials question whether the federal agency even tried to make such an accommodation.

The U.S. Fish and Wildlife Service on Friday rejected Wyoming's proposal to kill wolves in certain areas to protect elk herds and other forms of wildlife that serve as the wolf's primary prey, meaning that "placeholder" bills moving through the state Legislature to work on a management plan essentially won't be considered, leaders of the Legislature's both houses said.

In a letter delivered to Wyoming Senate President John Schiffer, R-Kaycee, and House Speaker Roy Cohee, R-Casper, on Friday, Fish and Wildlife Service Director Dale Hall states that the federal government wouldn't grant the state's request for permission to kill wolves preying on wildlife.

"(M)y best advice is that we work together to construct a Wyoming wolf management plan that will enable the Service to delist wolves in all of Wyoming and which will also provide the basis to successfully fend off requests to enjoin the Service's final decision," Hall wrote.

Wyoming Gov. Dave Freudenthal seemed particularly bristled at a Friday news conference by the FWS's response, saying if federal officials "want to come to their senses, we're glad to talk to them."

He said federal officials allow the state to kill wolves impacting livestock, but not wildlife. That sentiment is based on politics, not science, he said.

"Why should Fish and Wildlife care if you're sustaining wolves on livestock or wildlife if the goal is a number of packs?" he said. Federal officials have eyed 15 as the number of breeding pairs each state should maintain to achieve wolf recovery goals.

In the letter, Hall also said he agrees wolves are impacting wildlife populations.

Mitch King, regional director for the FWS based in Denver, said everyone knows wolves eat elk and have an impact on populations, and "to suggest otherwise would be foolish."

He said according to existing regulations, it must be proved wolves are having an "unacceptable" impact on wildlife. That means a state must prove ungulate populations are below objective levels, and the reduction "can be attributed primarily to wolves."

King said it is "extremely difficult" to identify an elk population in Wyoming that's below objectives, and extremely difficult to say wolves are the sole reason for the decline.

He also said the agency looked into adjusting that language to lower the bar proving "unacceptable" impact, but changing a rule means going through a public process.

If that process were started today, it would be another year before the rule change would likely be approved the same time wolves are expected to be removed from the Endangered Species List.

"You don't gain anything time-wise," he said, something reiterated in Hall's letter.

Freudenthal characterized the FWS's response as "it's too much trouble for us to accommodate a change" in existing rules.

And, Freudenthal said before wolves are formally removed from the ESA, there could be 40 wolf packs eating exclusively elk that the state could not control.

Freudenthal said earlier negotiations outlining new areas where wolves would be considered trophy game in northwest Wyoming is still something the state would consider.

In a separate letter received by the state Friday, King said wolves on the Wind River Indian Reservation would not be included in wolves Wyoming must manage as a state. The tribes there have developed a draft management plan that does not commit to manage for any specific number of breeding pairs, and that land is not under the purview of the Wyoming Game and Fish Department.

Without monitoring, there are no assurances or accountability for wolves there, King said.

Still, he said it is possible for the tribes to reach an agreement with the state to manage and monitor wolves, and the issue could be revisited.

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

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