Just two months ahead of the deadline to introduce wolves into Colorado, the U.S. Fish and Wildlife Service (USFWS) finalized its designation of a nonessential experimental population of gray wolves in the state. The designation falls under Section 10(j) of the Endangered Species Act (ESA) and will provide management flexibility.
“The best available data indicate that reintroduction of the gray wolf into Colorado is biologically feasible and will promote the conservation of the species,” USFWS said in the final rule.
Colorado Parks and Wildlife (CPW) requested a nonessential experimental population designation from USFWS to assist with their wolf reintroduction plan. By designating the population as “nonessential experimental,” it will allow for the allowable, legal, purposeful and incidental take of the wolf within the experimental population area—in this case, the entire state of Colorado.
“This final Service experimental population rule designates management flexibility to the state for reintroduced gray wolves in Colorado,” USFWS said in a news release. “This management flexibility can help to address potential conflicts between wolves and humans, and wolves and domestic animals while contributing to the conservation of the species.”
The Colorado Cattlemen’s Association (CCA) applauded the designation. “Our industry is grateful the USFWS finalized the rule ahead of schedule, as the 10(j) rule needed to be in place before wolves are introduced into our state,” said Robert Farnam, CCA president, in an email update.
Rule modifications
The final rule notes several changes made to the proposed rule after a public commenting period:
• Take of gray wolves attacking pets is not allowed except for in the instance of working or guarding dogs.
• Take of gray wolves that are significantly impacting ungulate populations on Tribal reservations lands is authorized.
• Take of gray wolves will not be excepted if there is any evidence of baiting, which includes unusual attractants, artificial feeding or intentional feeding.
• Several terms were changed: “shoot-on-sight” to “depredation,” “problem wolves” to “depredating wolves” and “sport hunting” to “recreational harvest.”
• The term “substantive income” was removed from the definition of “livestock producer.”
• The term “relocate” was removed from the definition “remove.”
• A designated agent is an employee of a federal, state or Tribal agency who is authorized by USFWS to conduct management activities for the wolf.
During the commenting period, USFWS received more than 20,000 comments. In comments from the U.S. Forest Service, the agency expressed concern with the potential for gray wolves to disperse south out of the nonessential experimental population (the state of Colorado). In its response, USFWS said any wolf dispersing beyond the Colorado borders may be managed by the wolf management regulations in the area, or returned to Colorado until the state achieves its recovery goals.
“To help minimize potential interactions and to help protect Mexican wolf genetic integrity, we have simultaneously issued a section 10(a)1(A) permit to be held by the Service, which will authorize our designated agents to assist in the capture and return of wolves originating from the Colorado (nonessential experimental population),” the agency said in response to similar comments.
CPW has until the end of the year to introduce wolves to the state. The agency has reached an agreement with Oregon to capture up to 10 wolves from the state and release them in Colorado but has yet to secure additional agreements with other states.
The final rule and record of decision will go into effect on Dec. 8. — Anna Miller, WLJ managing editor
