State agriculture officials said they will soon kill more than two dozen elk at a northwestern Colorado ranch and test them for chronic wasting disease before determining the herd's future.
The decision not to destroy all 200 elk at the Motherwell Ranch, near Craig, represents a shift in Colorado's disease-control policy.
Previously, entire herds were slaughtered and tested after discovery of even a single case of the fatal brain- wasting disease in order to prevent the spread of the disease to wildlife.
But since 2002, when officials recognized that CWD had infected wild game in western Colorado, ranchers complained that the state policy was unfair.
"It's important we find ways for the elk industry to survive and be an industry compatible with healthy wildlife populations," Agriculture Department spokesman Jim Miller said Friday.
If more sick elk are found, officials could still force the destruction of the entire herd, Miller said.
But wildlife groups quickly blasted the new state plan, saying it would undermine the state's authority to control disease.
Ranch owner Wes Adams, a wealthy Las Vegas contractor, has twice staved off a depopulation order by threatening to sue the state.
An employee at Adams' construction firm said the ranch owner could not be reached for comment.
"Adams' money and his whining have had a political impact," said Steve Torbit, regional director of the National Wildlife Federation. "This will spread like a disease, and soon there will be no enforcement of agriculture regulations."
Other environmentalists criticized agriculture officials for not first consulting with the Colorado Division of Wildlife - despite a state policy requiring cooperation between the two agencies.
A spokesman for Gov. Bill Owens said the Wildlife Division will have a say in the final decision on the Motherwell herd.
"DOW officials have been assured today they will have input before this plan is approved, despite this bump in the road of communication," said Dan Hopkins, Owens' spokesman.
A decision on the Motherwell Ranch - where hunters pay tens of thousands of dollars to kill a trophy bull elk - had lingered since January, when tests revealed that a ranch bull was infected.
State officials at that time acknowledged that they found no records that the ranch had submitted the required brain tissue samples for six of the last 13 elk that died, including three listed as dying of "natural causes."
Agriculture officials promised quick action. "It is the top priority of this agency to put that herd down," Miller said then.
Nonetheless, state veterinarian Wayne Cunningham determined earlier this year that more testing was needed to justify depopulating the entire ranch.
The first cases of the neurological malady found on the Western Slope were inside the ranch's game fence in 2002. Four wild mule deer were infected.
Three months earlier, the ranch reported that nine other elk were missing and could not be tested for CWD.
The state veterinarian's decision comes just weeks after the release of a study by a Wildlife Department researcher that proved healthy deer and elk can become infected by grazing on ground where sick animals have died or shed the infectious protein in their feces or urine.
Cunningham said the culling program would provide officials with a better understanding of disease at the ranch.