The rule change won't be official until later this fall, when the Colorado Oil and Gas Conservation Commission will take a final vote on a sweeping series of rules it began considering last spring.

The energy industry had fought especially hard against the wildlife rule, saying it could idle drilling rigs for up to three months. Last week, the commission's staff rewrote its proposed rule to remove the 90-day restrictions.

However, the rule still requires drillers to work with the state Division of Wildlife to minimize their effects on wild animals.

The most controversial part of the rule restricts gas and oil operations within a quarter mile of eagle nests and 300 feet of cutthroat trout habitat or Gold Medal trout streams.

In addition, drillers have to consult with the Division of Wildlife to minimize their effects on wild animals in "sensitive" areas. Much of the gas fields in La Plata and Archuleta counties qualify as sensitive areas because elk and mule deer spend the winter there.

Some environmentalists were disappointed at the revisions, but Bruce Baizel of Durango's Oil and Gas Accountability Project said the vote was a big step.

"Looking at other states, it's unusual for an oil and gas bureau or commission to have wildlife as part of its mandate. There aren't many models out there to look at. You'd expect it to be a bit bumpy," Baizel said.

Tom Dugan, a Durango attorney who is helping lead the case for the gas industry, said the vote was disappointing, and he thinks the rules could harm property rights.

The commission voted 8-1 on the overall wildlife rule but split 5-4 on the most controversial part - banning drilling on certain sites. Durango's two commissioners, Kimberlee Gerhardt and Tom Compton - voted against that part of the rule because it could overrule the surface-use agreements that landowners make with drillers.

Compton said he respects the Division of Wildlife, which helped craft the rule.

"But I do believe we're treading on thin ice with respect to property rights and restricted surface areas," Compton said.

In other action, the commission delayed until next month a vote on a different rule that would tighten regulations on drilling waste pits.

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