By Shannon Lukens at Shannon@SteamboatRadio.com.
An emergency regulation has been approved by the Colorado Parks and Wildlife Commission to allow livestock owners and their agents to haze gray wolves to prevent or reduce injury to livestock. This includes livestock guard animals, buckshot, slugs and bean bag rounds, scare devices including propane cannons, noisemakers, vehicles, and ATVs. The wolves still can’t be killed but they can be scared off. The regulation was approved and adopted today because of the killing of a rancher’s dog in North Park Sunday, first reported here on Steamboat Radio.
(See below for copies, and the transcribed regulation.)
Here’s the letter:
TO: Members of the Colorado Parks and Wildlife Commission
FROM: Krista Heiner, Regulations Manager
RE: Section #1005, Chapter W-10 Final Regulations for the January 2022 Parks and Wildlife
Commission Meeting
DATE: December 30, 2021
Final regulatory changes for Section #1005 of Chapter W-10 are summarized below. If there are questions about the agenda item below, or if additional information is needed, please feel free to contact me at krista.heiner@state.co.us.
Agenda Item 16b: Section #1005, Chapter W-10 – “Nongame Wildlife” 2 CCR 406-10 (Step 1 of 1) Adding emergency regulations authorizing livestock owners and their agents to haze gray wolves to prevent or reduce injury to livestock.
The permanent hazing regulation the Commission considers in January will not go into effect until March 2022. Given the North Park incident, to enable the rule to go into effect immediately upon adoption, emergency action is required. State law enables the Commission to pass emergency rules with no notice or public comment if the Commission “finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare….” § 24-4-103(6)(a), CRS. The Commission finds these standards to be satisfied here. The Commission adopts an emergency rule because “[r]estoration of the gray wolf to the state must be designed to resolve conflicts with persons engaged in ranching and farming in this state.” § 33-2-105.8(1)(d), CRS. The specific statutory authority for this emergency rule includes § 33-6-128(1), CRS (it is unlawful to harass wildlife unless permitted by CPW) and § 33-2- 105.8(1)(d), CRS (gray wolf restoration must be designed to resolve conflicts with farmers and ranchers).
EMERGENCY REGULATIONS – CHAPTER 10 – NONGAME WILDLIFE ARTICLE V #1005 – EMERGENCY REGULATIONS
1. Livestock owners and their agents are authorized to use hazing techniques when necessary to prevent or reduce injury or damages to livestock and guard animals caused by gray wolves (Canis lupus).
a. “Hazing techniques” means the use of:
(i) Livestock guard animals,
(ii) Fladry or electrified fladry,
(iii) Cracker shells, rubber buckshot, rubber slugs, and bean bag rounds,
(iv) Scare devices or tactics including propane cannons, vehicles, ATVs, range riders, noisemakers, fox lights and motion- and radio-activated guard devices.
b. Hazing that results in the injury or death of a wolf is not permitted. Any person who injures or kills a wolf must report the same to the Division within 48 hours.
c. Hazing must be consistent with federal law. If gray wolves are on the list of federally endangered or threatened species, hazing is prohibited unless authorized by the United
States Fish and Wildlife Service.
d. For purposes of this rule, “livestock” is defined in § 35-1-102(6), CRS.
Basis and Purpose:
Adding emergency regulations authorizing livestock owners and their agents to haze gray wolves to prevent or reduce injury to livestock. The permanent hazing regulation the Commission considered in January will not go into effect until March 2022. Given the North Park incident, the Commission took emergency action to enable the rule to go into
effect immediately upon adoption. State law enables the Commission to pass emergency rules with no notice or public comment if the Commission “finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public ealth, safety, or welfare….” § 24-4-103(6)(a), CRS. The Commission found these standards to be satisfied here. The Commission adopted an emergency rule because “[r]estoration of the gray wolf to the state must be designed to resolve conflicts with persons engaged in ranching and farming in this state.” § 33-2-105.8(1)(d), CRS. The specific statutory authority for this emergency rule includes § 33-6-128(1), CRS (it is unlawful to harass wildlife unless permitted by CPW) and § 33-2-105.8(1)(d), CRS (gray wolf restoration must be designed to resolve conflicts with farmers and ranchers).
The statements of basis and purpose for these regulations can be obtained from the Colorado Division of Parks and Wildlife, Office of the Regulations Manager by emailing dnr_cpw_planning@state.co.us or by visiting the Division of Parks and Wildlife headquarters at 6060 Broadway, Denver, CO, 80216. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1- 106, C.R.S.
EFFECTIVE DATE – THESE EMERGENCY REGULATIONS SHALL BECOME EFFECTIVE IMMEDIATLEY UPON ADOPTION AND SHALL REMAIN IN EFFECT FOR NO MORE THAN 120 DAYS OR UNTIL PERMANENT REGULATIONS TAKE EFFECT, WHICHEVER OCCURS FIRST, OR THE EMERGENCY REGULATIONS ARE OTHERWISE REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 12TH DAY OF JANUARY, 2022.
APPROVED:
Carrie Besnette Hauser
Chair
ATTEST:
Luke B. Schafer
Secretary