While legal action is still pending between Arizona Game and Fish and the U.S. Fish and Wildlife Service regarding a complete recovery plan for the Mexican gray wolf, the state has sided with the federal agency in a fight over changes to a rule governing recovery efforts.

The Center for Biological Diversity, based in Tucson, is suing the federal government in hopes of loosening restrictions in Rule 10(j) that limit the total population of Mexican gray wolves in Arizona and New Mexico, and also restricts their territory to areas south of Interstate 40. Game and Fish filed motions in the suit last week, defending Fish and Wildlife’s argument that the rule supports the recovery of the wolves.

Game and Fish Commission Chairman Robert Mansell noted that the rule being contested in this lawsuit represents an entirely different issue than the fight over the plan, or lack of a plan, to release additional wolves in the state.

“The 10(j) rule and the recovery plan are designed to address very different aspects of Mexican wolf recovery,” he said. “The Game and Fish Commission took this action to defend the service’s new 10(j) rule for Mexican wolves. The rule relies on sound scientific principles and helps address critical stakeholder concerns that have long challenged the Mexican wolf reintroduction effort. It’s important that this action is not confused with the department’s recent action meant to encourage the service’s development of a new recovery plan.”

Conservationists argue that the 10(j) rule will inhibit recovery of the Mexican wolf by limiting the population to around 300 wolves and by excluding areas north of I-40 as a recovery area. State and federal officials contend that population limits are necessary to maintain the balance between predator and prey, as well as limit interactions with humans. They also claim that studies indicate that the amount of large prey available for wolves north of I-40 is insufficient, and that expanding the release territory into such areas could result in high levels of predation of livestock and pets.

The Game and Fish Commission has asked the court to dismiss the suit and to prevent the plaintiffs from interfering in the state’s trust authority over wildlife management. The state contends that the rule is a positive step in the Mexican wolf recovery, and establishes some basic necessary guidelines for reintroduction and management.

“The new 10(j) rule is based on sound scientific principles and helps address critical stakeholder concerns that have long been the primary obstacles to successful recovery of wolves. It’s a positive step in the right direction,” said Mansell.

Game and Fish officials are asking the federal government to create a plan that addresses livestock predation and creates a corridor for the wolves to move freely between Arizona and Mexico, their historic territory.

As of mid-February, there were approximately 109 Mexican wolves in the recovery zone in Arizona and New Mexico, including 61 who are wearing functional tracking collars. A predation study is underway, but the February report notes that there were nine confirmed cases in which cattle were killed by wolves during that month. In addition, one domestic dog was killed by wolves.

The majority of Mexican wolves currently in Arizona are located between Springerville and Alpine, with a few in the Whiteriver area and on the San Carlos Apache Reservation.