The 10(j) rule under the Endangered Species Act will go into effect on Dec. 8, 2023
- Marianne Goodland marianne.goodland@coloradopolitics.com
- Nov 7, 2023 Updated 22 hrs ago
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The U.S. Fish & Wildlife Service on Tuesday issued its final “record of decision” regarding Colorado’s reintroduction of gray wolves.
The final decision, known as a 10(j) rule under the Endangered Species Act, will go into effect in 30 days, on Dec. 8, 2023. Colorado Parks and Wildlife, which recently announced they would get 10 wolves from Oregon, will bring those wolves onto public lands in an area bordered by Glenwood Springs and Vail on the north and Aspen on the south. The parks reintroduction plan calls for 30 to 50 wolves to be reintroduced over the next three to five years.
The state had sought private lands, in addition to state-owned land, for reintroduction, but got no takers from private landowners.
Sen. John Hickenlooper announced the final record of decision Tuesday, saying “This final rule respects the will of Colorado voters, farmers, ranchers, and conservationists, and sets our state up for responsible gray wolf reintroduction.”
“It is encouraging to see the U.S. Fish and Wildlife Service and the State of Colorado making progress towards fulfilling Colorado’s commitment to return meaningful gray wolf populations to the State,” said Michael Saul, Rockies and Plains field director for Defenders of Wildlife. “The return of the wolf to Colorado has the potential to be an historic ecological success, but the restoration program will require careful scientific monitoring and commitment by all stakeholders to ensure wolves and humans can share the landscape, and to give returning wolves a real chance to thrive and transform ecosystems.”
Colorado voters, primarily in urban and suburban counties, narrowly voted to allow the state to reintroduce wolves under Proposition 114 in 2020, on a vote of 50.91% to 49.09%. Rural voters who live in the areas where wolves will be sited overwhelming rejected the ballot measure.
Under the 10(j) rule, wolves would no longer be considered an endangered species in Colorado, although they are still considered endangered in other states. Colorado now joins a list of Western states where gray wolves are no longer endangered, such as Idaho, Montana, Wyoming, north-central Utah and parts of Oregon and Washington. Under the 10(j) rule, wolves are now considered an experimental population.
Without the 10(j) rule, wolves could be reintroduced in Colorado but only as an endangered species and under the management of U.S. Fish & Wildlife. Critics have said the federal agency doesn’t have the capacity to manage the wolf population.
Under the Colorado Parks and Wildlife reintroduction plan, wolves can be killed if they attack livestock, and ranchers can be compensated for livestock losses.
The Colorado General Assembly, during the 2023 session, approved bipartisan legislation setting up a $350,000 per year fund to pay ranchers who lose livestock to wolves.
The record of decision also clarifies that “taking” (killing) gray wolves that attack pets is not allowed but taking gray wolves that attack working dogs, or dogs that guard or herd livestock, is allowed. The record of decision recognizes the sovereignty of Tribal nations by adding a provision to allow taking of gray wolves that significantly impact “ungulate” populations (deer and elk) on the Ute Mountain Ute and Southern Ute tribal lands. The decision also said takings would not be allowed if there is any evidence of baiting gray wolves through using “unusual attractants, artificial feeding or intentional feeding.”
Wolves started showing up in Colorado in 2021, in Jackson and Routt counties, where they were suspected in at least a half-dozen attacks on livestock and ranch dogs.
Exposing the Big Game 
Ah, the 10j Rule.
Where hunters and farmers consider it just a big sign saying
“Invasive Pest Species the meddling idiot cityboy Feds forced on us”