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HomeMy WebLinkAboutR23-053 Opposing Wolf Reintroduction in Eagle County without Federal 10(J) Fish & Wildlife Rule in place DocuSign Envelope ID:8226E999-E20C-49CE-BE32-EF9DA3F57C59 Commissioner McQueeney moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023- 053 RESOLUTION OPPOSING WOLF REINTRODUCTION IN EAGLE COUNTY, COLORADO WITHOUT FEDERAL 10(J) FISH AND WILDLIFE RULE IN PLACE WHEREAS, in the November 2020 Colorado election, Proposition 114, the ballot measure to require the reintroduction of gray wolves into the State (now Colorado Revised Statute 33-2-105.8),was approved by the voters of Colorado. Section 33-2-105.8, CRS, directs CPW to take the steps necessary to reintroduce gray wolves to lands west of the Continental Divide by December 31, 2023; and WHEREAS,Colorado Parks and Wildlife(CPW)per the CPW Final Wolf Restoration and Management Plan(CPW Plan) intends to reintroduce the gray wolf in a portion of the species' historical range in Colorado nolater than December 31, 2023. The gray wolf is currently classified as an endangered species under the Endangered Species Act(ESA), and it is illegal to take(harm,hunt, kill, or capture) a wolf without a permit or other authorization or unless the take is in self-defense; and WHEREAS, subsequent to the adoption of the Statute, CPW requested that the U.S. Fish and Wildlife Service (FWS) designate the gray wolf as an experimental population in the state of Colorado under section 10(j) of the ESA to provide the state with increased flexibility to manage wolves once reintroduced in Colorado; and WHEREAS,the FWS uses a range of conservation tools to "recover" endangered and threatened species to ensure that they are able to survive on their own in the wild. One conservation tool to help a threatened or endangered species recover is to re-introduce them into their habitat. Congress added the provision for experimental populations under section 10(j) of the ESA. Under section 10(j), the FWS may designate a population of a listed species as experimental if it will be released into suitable natural habitat outside the species' current range. With the experimental population designation,the specified population is treated as threatened under the ESA, regardless of the species' designation elsewhere in its range. Treating the experimental population as threatened allows the FWS the discretion to devise management programs and special regulations for that population, including creating rules and regulations and 1 DocuSign Envelope ID:8226E999-E20C-49CE-BE32-EF9DA3F57C59 permitting legitimate activities that would otherwise be prohibited by the ESA. Establishment of the experimental population in the state of Colorado would provide for allowable, legal, purposeful, and incidental taking of the gray wolf while concurrently providing for the conservation of the species as authorized by the CPW Plan,policy and regulations; and WHEREAS, the FWS is in the process of analyzing the impacts of the proposed experimental population designation and has not yet made a decision as to whether to approve CPW's request for the designation under section 10(j) of the ESA for reintroduction of the gray wolf in Colorado. The FWS has indicated this process is anticipated to be completed before the end of 2023; and WHEREAS,without a 10(j)rule, the federal government would have sole authority over wolf management and would limit management actions by local and state entities to address human-wolf conflict, wildlife predation, and other potential negative impacts of reintroduction efforts; and WHEREAS, Eagle County has been identified in the CPW Plan as ecologically suitable for reintroduction; and WHEREAS,the historic ranching way of life in Eagle County includes the summer grazing of sheep and year-round grazing of cattle on privately owned ranches and public lands; and WHEREAS, Eagle County supports CPW actions to enhance the health and resilience of wildlife habitat within the County, as long as such actions are in collaboration with our community and respect the needs of residents and ranchers within the County; and WHEREAS,Eagle County is therefore opposed to wolf reintroduction in Eagle County without a 10(j)rule in place that includes the use of"take" for the gray wolf when deemed necessary. This management flexibility is essential for reducing potential conflicts for residents, livestock producers, and other stakeholders and increasing the management success of the reintroduction effort. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, Eagle County is opposed to the introduction of the gray wolf into Eagle County as provided for in the CPW Plan unless prior to such introduction the FWS approves a 10(j)rule establishing an experimental population for the gray wolf which authorizes adaptive 2 DocuSign Envelope ID:8226E999-E20C-49CE-BE32-EF9DA3F57C59 management strategies that include"take"as an appropriate tool within the defined experimental population area. THAT,the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. [Remainder of page left intentionally blank] 3 DocuSign Envelope ID:8226E999-E20C-49CE-BE32-EF9DA3F57C59 MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held August 22, 2023 . COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS DocuSigned by: B u1 '°�(.w''A '1 �'' 86A68117Ce84"03.. Kathy Chandler-Henry, Chair rDocuSigned by: �(`/� ....6a cnngr,288°M,A... Jeanne McQueeney Commissioner DocuSigned by: c�mec°c DocuSigCnned by: AtAtt L4VV ©t Al F7R21171 RFnd73 COLoRie Matt Scherr Commissioner Attest: DocuSigned by:Q,,,, B rui 0-it/Yl yFQM9F7dRAOR440 Regina O'Brien, Clerk to the Board Commissioner sche r r seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4