Endangered and Threatened Wildlife and Plants; Request for Information on Implementation of the Gray Wolf (Canis Lupus) Nonessential Experimental Population Rule in Colorado

The U.S. Fish and Wildlife Service (Service) requests information regarding the implementation of the Endangered Species Act (ESA) section 10(j) nonessential experimental population rule (10(j) Rule) for gray wolves (Canis lupus) in the State of Colorado, 88 FR 77014 (Nov. 8, 2023). Over the past few years, many wolf-livestock depredation events have been verified in Colorado and the total number of verified depredations and associated claims has vastly exceeded the funds currently available under Colorado's existing livestock compensation scheme. The Service is seeking information on how the State of Colorado (State), including Colorado Parks and Wildlife (CPW) and partner agencies, is implementing the 10(j) Rule and addressing conflicts between wolves and livestock. Specifically, the Service seeks information on the State's implementation of the 10(j) Rule, as published. On December 12, 2023, the Service signed a Memorandum of Agreement (MOA) with CPW in order to "facilitate and enable active participation in wolf conservation and management by CPW personnel." Of the several listed objectives, CPW committed to ". . . share timely information, as appropriate and necessary, with partners and stakeholders (including the public) regarding the Colorado Gray Wolf Restoration Program to foster transparent and effective communications regarding the goals and commitments under the MOA." Moreover, the MOA stated that the CPW would "conduct public outreach and provide information about gray wolves and gray wolf management in Colorado" and "implement proactive strategies and conduct or direct non-lethal and lethal control actions to reduce and/or resolve gray wolf-livestock conflict and human safety concerns . . ." The MOA also states that CPW will "communicate regularly (at a minimum, quarterly) with the Service's Wolf Coordinator or appropriate Service representative" as well as "Assist the Service by providing data as needed to allow the Service to carry out its responsibilities under the ESA and to facilitate coordination of management responses to wolf conflicts in Colorado . . ." The Service seeks comment on implementation of the aspects of this MOA, including but not limited to: conflict prevention and response, stakeholder engagement, and recommendations for improving outcomes. The Service also seeks information regarding the impact, if any, that the experimental wolf population is having on wild ungulate herds or populations, including on Tribal lands, as discussed in the final rule, as well as implementation of associated procedures to allow nonlethal and lethal management of gray wolves that are having an unacceptable impact. The Service also solicits feedback on CPWs tracking of wolf conflict risk, activities taken to minimize wolf conflict risk, and the allowable forms of take for gray wolves as outlined in the 10(j) rule, including: "the taking of wolves in the act of attacking livestock" on both private and public land as well as the "agency take of wolves that depredate livestock." Finally, the Service seeks information regarding implementation of the State's livestock loss compensation program as a means to achieve minimization of conflict risk as outlined in the Colorado Wolf Restoration and Management Plan incorporated by reference in the MOA.