Judge shoots down wolf control regs

State aerial-kill program halted

Posted: Wednesday, January 18, 2006

ANCHORAGE - A judge ruled Tuesday that Alaska's lethal wolf control program, under which hundreds of wolves have been killed, is illegal.

In a case going back to November 2003, Superior Court Judge Sharon Gleason said the state failed to follow its own regulation when authorizing the aerial wolf control program, in which pilot and gunner teams were allowed to shoot the wolves from the air.

Given the judge's ruling, the program has been suspended, said Matt Robus, director of the state Division of Wildlife Conservation, soon after the judge issued her ruling. People with permits to kill wolves in the five areas of the state where the program is under way were being notified.

"Meanwhile, our attorney is still analyzing what the judge had to say," Robus said. "Based on what we hear from him we will decide if there are technical things that can be addressed or whether it is bigger than that."

Gleason, who went over more than 2,000 pages of documents offered by the state, found that the Alaska Board of Game did not follow some or all of the state regulations when authorizing the program in the five areas.

The court found "that the Board of Game failed to adhere to its own regulation regarding the control of predation by wolves when it adopted these aerial control plans," Gleason said in her 32-page ruling.

More precisely, the state failed to provide required justification for the program, including previous measures that failed to work, Gleason said. The game board also failed to explain why alternative means for reducing the number of wolves would not work.

The board also gave no explanation for how it set the wolf reduction levels in the different areas, ranging from 40 percent to more than 90 percent, she said.

"The board is bound by its regulations," Gleason said. "A review of the enabling regulations for aerial wolf control programs ... indicates that the Board failed to adequately address some or all of these regulatory requirements in each of the applicable GMU (game management units) in which it has authorized wolf control."

The ruling was a long-awaited victory for Friends of Animals, a Darien, Conn.-based animal rights group that led the fight against the wolf-killing program and previously had failed to get the judge to issue an emergency injunction to stop it.

"She has ruled that the wolf control program is invalid and all the underlying regulations are invalid," said Friends of Animals president Priscilla Feral, who added she was "tremendously gratified with Judge Gleason's ruling."

"It (the law) requires that they have data and present the data and establish the facts that are required in those regulations. They can't just make stuff up," said the plaintiffs' lawyer, James Reeves of Anchorage.

Robus said it was too early to tell if the program can be salvaged.

"I'm not sure what the procedure is to fix it is. I think ... we need to evaluate what Judge Gleason had to say and what action to take," Robus said.

Gov. Frank Murkowski said he expected the game board to work quickly to answer the judge's concerns.

"I stand firmly behind the state's predator control programs, which are based upon sound science," Murkowski said.

Alaska Department of Fish and Game Commissioner McKie Campbell called the ruling "a minor setback." He said the program was invalidated because the judge found the Board of Game's regulations were inconsistent.

"The state can make its regulations consistent," Campbell said.

The board was planning to meet early next week to address the concerns raised by the court.

"The department and Board are doing everything we can to ensure that this interruption to our predator control programs is as short as possible," Campbell said.

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