Will Colorado's wolf reintroduction actually happen this year? Here's what we know
A coalition of wolf advocacy groups strongly opposed a recently introduced Colorado Senate bill that would delay Colorado's gray wolf reintroduction until a final federal ruling is made on whether wolves could be killed in some circumstances.
In a news release sent Tuesday by WildEarth Guardians, the organizations claimed the measure is a tactic to unnecessarily delay for years the reintroduction set to start by the end of this year. They also said it would invite "frivolous lawsuits as further delay tactics."
The bipartisan Senate Bill 23-256 was introduced March 27 and March 30 and passed unamended 5-2 in its first hearing with the Senate Agriculture & Natural Resources committee. It now resides in the Senate Appropriations committee.
Here are key points we'll cover in this story:
What the proposed bill says.
Why wolf advocates oppose it.
Why a bill sponsor defends it.
If wolves will be reintroduced into Colorado without a 10(j) rule.
If Proposition 114 mandates wolves be reintroduced by the end of 2023.
SB 23-256 would deny wolf reintroduction until a ruling on the federal 10(j) rule is complete
Colorado requested a 10(j) ruling under the Endangered Species Act and is awaiting a determination by the federal government. The state is hoping for a resolution by Dec. 15, creating a tight timeline if wolves are to be reintroduced by the end of the year.
The 10(j) rule lists wolves as "nonessential, experimental" and would allow more flexibility managing them, including lethal take of wolves in situations such as chronic depredation or wolves caught depredating livestock.
If enacted, this bill would not allow reintroduction of wolves until a determination of the 10(j) rule is finalized.
Because 10(j) rules have often in the past been held up in court, that would delay wolf reintroduction past the end of this year.
Visit leg.colorado.gov/bills/sb23-256 to read the bill.
Recently introduced bills about wolves: 1 proposed Colorado bill would delay wolf reintroduction until decision on 10(j) rule
Why wolf advocates are opposing the proposed bill
The groups' major objection is in Section 3 of the proposed bill, which includes language that reintroduction cannot take place until a final determination of the 10(j) rule has been made, including time for appeals and reviews being exhausted.
Wolf advocates believe that time frame for appeals and reviews allows for frivolous lawsuits to be filed that would delay reintroduction.
"Federal 10(j) management rules have a statute of limitations of six years," Lindsay Larris, wildlife program director for WildEarth Guardians, wrote in the release. "So a lawsuit could be filed in 2029, which would delay wolf reintroductions to almost a decade from now."
Bill sponsor says intent is to protect ranchers, not delay reintroduction
Bill sponsor Dylan Roberts is a Democratic senator from District 8, which includes Clear Creek, Eagle, Garfield, Gilpin, Grand, Jackson, Moffat, Rio Blanco, Routt and Summit counties, all but one of which (Summit) voted against Proposition 114 to reintroduce wolves.
"I respectfully disagree with the characterization of the proposed bill that it is intended to delay reintroduction," Roberts told the Coloradoan. "The environmental groups, not ranchers, are the ones who file such lawsuits, so their argument makes no sense to me. This is a normal process with ballot initiatives to make sure the will of the voters is implemented in the right way. We are open to amendments and negotiating with the governor's office on the bill."
Will wolves be reintroduced without the 10(j) rule in place?
During testimony at the March 30 Senate Committee on Agriculture & Natural Resources, committee members repeatedly pressed Dan Gibbs, executive director of the state Department of Natural Resources, on whether the state would reintroduce wolves without a 10(j) rule in place. Gibbs spoke against the proposed bill, saying it "is a solution in search of a problem."
Gibbs never directly answered the repeated questions, citing there are numerous hypothetical situations involving the 10(j) rule before finally answering: "We have to keep all legal options on the table. The 10(j) is the preferred path."
The U.S. Fish and Wildlife Service and Colorado Parks and Wildlife contend the 10(j) rule is on track to be delivered by Dec. 15.
Regarding the question, Roberts told the Coloradoan: "I don't have reason to believe they won't release without a 10(j) in place."
Gary Skiba, current wildlife manager for the San Juan Citizens Alliance and former longtime Colorado Department of Wildlife (now Colorado Parks and Wildlife) employee, testified against the bill. He believes the U.S. Fish and Wildlife Service will have completed the 10(j) rule by Dec. 15, which he said most wolf advocates support. "We have had conversations with the wolf advocate community and they do not intend to pursue litigation regarding 10(j)," he told the Coloradoan.
Recent coverage on wolves: What to know about Colorado's existing wolves and conflicts around reintroduction plan
Did Proposition 114 really mandate wolves be reintroduced by the end of 2023?
Here is what Proposition 114, which was narrowly passed by voters in November 2020, states: "Take the steps necessary to begin reintroduction of gray wolves by Dec. 31, 2023."
Interpretation differs on what that actually means.
During his testimony, Gibbs was asked the question. "Their (supporters of Proposition 114) intent is very clear that wolves be on the ground by Dec. 31, 2023. We need to make sure we are in compliance."
Here's what Roberts told the Coloradoan about the timing in Proposition 114: "There is nothing in the state law (Proposition 114) that says wolves need to be on the ground by the end of 2023. It says there needs to be a process in place. Wolves on the ground by the end of this year was a choice by Colorado Parks and Wildlife."
This article originally appeared on Fort Collins Coloradoan: Colorado's plan to reintroduce wolves this year in jeopardy
