An Alaskan photographer who was charged with bear baiting while filming a History Channel show in the Kenai National Wildlife Refuge is close to having that charge dismissed.

Jim Oltersdorf was filming an episode of the show "MonsterQuest" in 2008 when he hung bones on strings above a scale in an attempt to weigh black bears. Oltersdorf was charged with operating a bear baiting station without a permit, but chose to hire an attorney and fight the case rather than pay the fine of $175.

Yesterday the U.S. Department of the Interior moved to dismiss the violation, stating that "the particular facts of the case do not meet the criteria of the offense charged."

"It wasn't bear baiting. It wasn't a bear baiting station," said Brent Cole, Oltersdorf's attorney. "It may have been poor decision making, but that's not a crime."

Joe Darnell, the special assistant U.S. Attorney on the case, declined to comment on the motion to dismiss.

The past year has seen an unusually high number of reality shows filming in Alaska. Oltersdorf's was not the only shoot that has resulted in conflict; a group of Bethel prison inmates are suing the state, claiming they were forced to participate in filming for a National Geographic Television program.

The episode for which Oltersdorf was issued the violation, titled "Giant Bear Attack," first aired Sept. 24, 2008, and focused on bear attacks and whether bears are evolving back to their larger prehistoric proportions.

Contact Joshua Saul at jsaul_alaskadispatch.com.