The U.S. Fish and Wildlife Service (USFWS) has determined that while wolf introduction will be happening in Colorado, it will be done by establishing a nonessential experimental population, providing more management flexibility.
On Sept. 15, the agency released its final Environmental Impact Statement and draft record of decision to establish a nonessential experimental population under Section 10(j) of the Endangered Species Act (ESA). The decision comes nearly three weeks ahead of the planned schedule. The 10(j) rule is now expected to be in place more than a month prior to the wolf introduction deadline of Dec. 31.
“This demonstrates a sincere and effective commitment by the U.S. Fish and Wildlife Service to accomplish this task on a very accelerated timeline,” said Colorado Parks and Wildlife (CPW) Director Jeff Davis. “National Environmental Policy Act work typically takes 2-3 years, and it was accomplished in a little over a year-and-a-half.”
What does this mean?
CPW requested the designation of an experimental population to be allowed more flexibility in managing wolves when they are brought in. The agency published a Final Wolf Restoration and Management Plan, which provides a plan for management strategies based on recovery targets.
“As the state achieves these recovery targets, tools available to the public under state laws and regulations may be more restrictive than what is allowable under the Service’s proposed federal rule,” the agency said.
In an experimental population designation, the population is treated as threatened under the ESA regardless of the species’ designation elsewhere in its range. Treating the population as threatened will allow the USFWS the discretion to create specific management programs and regulations for the population.
Under a nonessential designation, as USFWS has determined in this case, the take prohibitions
and consultation requirements of the ESA are relaxed, easing the regulatory burden. This makes it easier for landowners to manage their lands without worrying about violating the ESA by accidentally harming the species.
The management flexibility of the experimental population will help coexistence between wolves and landowners, CPW said, while still conserving the species and reducing potential impacts.
“Thank you to our members and stakeholders who engaged during the public comment period to ensure the interests of our industry were represented,” the Colorado Cattlemen’s Association wrote in an e-newsletter. “Your engagement made a difference in securing more management flexibility for impending wolf introduction.”
Environmental groups expressed their disappointment with the decision to designate an experimental population, saying it doesn’t offer enough protection and will lead to more wolf killings.
“The proposed nonessential experimental population rule creates perverse incentives for ranchers to forego established non-lethal tools for coexistence in favor of shooting first and asking questions later,” said Michael Saul, Colorado director with Western Watersheds Project. “Such an approach undermines the Colorado voters’ mandate for a science-based restoration program aimed at restoring ecological balance.”
The Center for Biological Diversity noted, “The state wolf plan and this new federal authorization will probably need to be revised before too long to truly protect both wolves and livestock by mandating non-lethal prevention.”
What’s next?
The next step is for USFWS to issue a 10(j) experimental population designation no sooner than 30 days after its initial announcement. The agency plans to publish the final record of decision and 10(j) rule to be effective before the end of the year.
“This is critically important for protecting our industry and giving producers more tools for wolf management,” CCA said.
There will be no public comment period, as it already took place.
CPW emphasized that although the 10(j) rule was published ahead of schedule, this does not necessarily mean capturing wolves to bring into the state will begin sooner than expected. CPW said it plans to wait until capture conditions are ideal before beginning operations, but the first reintroduction is still expected to happen prior to the end of the year.
CPW has asked several western states to provide wolves to begin introductions but hasn’t made much progress in receiving a firm “yes” answer. According to a report by local media outlet 9News, CPW has asked Wyoming, Idaho, Montana, Washington, Oregon and the Nez Perce Tribe of Idaho for wolves. Washington said “maybe,” but definitely not by the end of the year; Oregon is in consideration; and Montana, Idaho and Wyoming each rejected the request. It is not yet known what stance the Nez Perce Tribe has taken. — Anna Miller, WLJ managing editor
