Both incidents involved charging bears, said Gary Brown, Wyoming Game and Fish Department Regional Wildlife Supervisor in Cody. The Oct. 2 shooting occurred while a non-resident hunter and his Wyoming guide were in the process of packing an elk shot earlier in the day, Eicher said. Some people in the hunting party stayed with the kill while others returned to camp to retrieve horses to pack out the elk, Brown said. The bear had not been on the carcass, but had been spotted by the riders when they were returning to the kill, Brown said. The sow's cubs, which were born this year, were not in the area when officials arrived to investigate, Brown said.
Cubs usually stay with the sow for two years.
There are documented cases of them making it, but at this time of year it's a tossup. Killing a grizzly bear, unless done in self-defense, is a federal offense because the bears are protected as a threatened species by the Endangered Species Act. The state and federal investigations will be submitted to the U.S. Attorney's office in Wyoming to be considered for prosecution. Cases that are not criminally prosecuted may be considered by the Fish and Wildlife Service for a civil lawsuit.