Endangered and Threatened Wildlife and Plants; Request for Information on Implementation of the Gray Wolf (Canis Lupus) Nonessential Experimental Population Rule in Colorado
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Issuing agencies
Abstract
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.
Full Text
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Notices]
[Pages 17297-17299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06638]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R6-ES-2026-0958, FXGO166009DR000-267-FF09D00000]
Endangered and Threatened Wildlife and Plants; Request for
Information on Implementation of the Gray Wolf (Canis Lupus)
Nonessential Experimental Population Rule in Colorado
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice; request for information and comments.
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SUMMARY: 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.
DATES: Comments will be accepted on or before June 5, 2026. Comments
submitted electronically using the Federal eRulemaking Portal (see
ADDRESSES, below) must be received by 11:59 p.m. eastern time on the
closing date.
To ensure your comment is received and considered, you must submit
it using one of the methods identified in the ADDRESSES section of this
document. Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered.
ADDRESSES:
Comment submission: All submissions must include the docket FWS-R6-
ES-2026-0958 this document. You must submit comments using one of the
following methods:
<bullet> Electronic submission: Federal eRulemaking Portal at:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R6-ES-2026-
0958, which is the docket number for this action. Then click the Search
button. On the resulting page, you may submit a comment by clicking on
``Comment.'' Please ensure that you have found the correct document
before submitting your comments.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R6-ES-2026-0958, Policy and Regulations Branch, U.S. Fish and
Wildlife Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church,
VA 22041-3803.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered.
We will post all comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may
request that we withhold personal identifying information from public
review; however, we cannot guarantee that we will be able to do so. See
Request for Public Comments for more information. You may submit
comments by one of the following methods:
FOR FURTHER INFORMATION CONTACT: Marjorie Nelson, Assistant Regional
Director for Ecological Services, Mountain-Prairie Region, U.S. Fish
and Wildlife Service, 1 Denver Federal Center, Building 53--Room FW100,
Denver, CO 80225; telephone: 303-236-4258; email:
<a href="/cdn-cgi/l/email-protection#0a676b78606578636f55646f667965644a6c7d79246d657c"><span class="__cf_email__" data-cfemail="b4d9d5c6dedbc6ddd1ebdad1d8c7dbdaf4d2c3c79ad3dbc2">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Section 10(j) of the ESA authorizes the designation of certain
reintroduced populations of listed species as nonessential experimental
populations (NEPs), allowing for greater management flexibility and
helping reduce conflicts with human activities while contributing to
conservation goals (16 U.S.C. 1539(j)). On November 8, 2023, the
Service published a final rule establishing a NEP for gray wolves in
Colorado (88 FR 77014, November 11, 2023; hereafter 10(j) Rule). The
State of Colorado requested that the Service establish an NEP in
conjunction with their State-led gray wolf reintroduction effort.
Establishment of the NEP provided management flexibilities for the gray
wolf within the NEP area, which can reduce negative interactions with
livestock producers and communities, while concurrently providing for
the conservation of the species.
Over the past few years, multiple livestock depredations by wolves
have been verified in Colorado on both private and leased grazing
lands. The number of verified depredations have exceeded available
compensation funds in Colorado, leading to concerns among livestock
producers regarding
[[Page 17299]]
timeliness, adequacy, and accessibility of compensation.
The Service recognizes the importance of collecting information
from producers, landowners, Tribes, State and local governments,
conservation organizations, and other stakeholders with regard to 10(j)
Rule implementation. This request for information (RFI) solicits data,
observations, and recommendations related to 10(j) Rule implementation,
including information about conflict response, nonlethal deterrence,
coordination and communication, and other related topics. This RFI also
solicits feedback on the State of Colorado's compensation program for
livestock producers who experience livestock losses caused by wolves.
Purpose of This Request for Information
The purpose of this RFI is to gather information on how the 10(j)
Rule framework is being implemented in Colorado and the outcomes
associated with that implementation. The Service especially invites
information regarding:
<bullet> Trends and patterns in livestock depredation since
implementation of the 10(j) Rule;
<bullet> Practical experiences with incident response, conflict
mitigation, and verification of depredations;
<bullet> Effectiveness of nonlethal and other preventative tools
and strategies;
<bullet> Coordination among Federal, State, Tribal, and local
entities;
<bullet> Communication and outreach regarding wolf management,
risk, and prevention;
<bullet> Recommendations to improve 10(j) Rule implementation to
reduce conflict while supporting conservation objectives.
While not governed by the 10(j) Rule framework, the Service also
invites information regarding Colorado's livestock loss compensation
program, including the sufficiency, timeliness, and accessibility of
compensation funds and related processes in the State.
Request for Information
The Service invites the public to provide information on any aspect
of the State of Colorado's implementation of the 10(j) Rule. Commenters
may respond to the following questions, or provide other relevant
information:
<bullet> Based on your observations or data, what trends in wolf-
livestock interactions have occurred in Colorado since 10(j) Rule
implementation on December 8, 2023?
<bullet> What nonlethal deterrence or preventive measures have been
employed in Colorado, and how effective have they been?
<bullet> How has the process of verifying depredations and
documenting claims in Colorado functioned in your experience?
<bullet> How would you characterize coordination among agencies,
producers, Tribes, and local communities in addressing conflicts?
<bullet> What improvements, in your view, would make 10(j) Rule
implementation more effective in reducing conflict and improving
outcomes for producers and wolf conservation in Colorado?
While the 10(j) Rule did not authorize and/or govern the State of
Colorado's livestock loss compensation program, the Service also
invites commenters to respond to the following questions about the
State of Colorado's livestock loss compensation program:
<bullet> To what extent have the state's available compensation
funds met the need for indemnity and associated costs?
<bullet> What barriers exist to obtaining compensation from the
state or implementing mitigation strategies?
Submitters are encouraged to provide specific examples,
geographies, dates, and any relevant supporting materials.
Public Availability of Comments
All information received in response to this RFI will be posted on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and may include personal identifying
information. Do not include information you do not wish to make
publicly available.
Authority
The authority for this RFI is the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.) including section 10(j), and other
applicable laws.
Brian R. Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2026-06638 Filed 4-3-26; 8:45 am]
BILLING CODE 4333-15-P
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