Colorado § 33-2-105.9 - Reintroduction of the North American wolverine - requirements - compensation to owners of livestock - reports - rules - definitions - legislative declaration.

§ 33-2-105.9. Reintroduction of the North American wolverine - requirements - compensation to owners of livestock - reports - rules - definitions - legislative declaration.

(1) As used in this section, unless the context otherwise requires:

(a) "Federal act" means the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq., as amended.

(b) "Livestock" has the meaning set forth in section 33-2-105.8 (5).

(c) "North American wolverine" means the species Gulo gulo luscus.

(2) Subject to the requirements of this section, the general assembly authorizes the division to reintroduce the North American wolverine in the state.

(3) As long as the North American wolverine remains on the list of threatened or endangered species pursuant to the federal act, the division shall not reintroduce the North American wolverine in the state until the effective date of a final rule designating the North American wolverine in Colorado as a nonessential experimental population pursuant to 16 U.S.C. sec. 1539 (j), as published in the federal register by the United States fish and wildlife service.

(4) In conducting the reintroduction of the North American wolverine in the state, the division shall:

(a) Comply with:

(I) The final rule described in subsection (3) of this section;

(II) The approach described in a North American wolverine restoration plan developed by the division; and

(III) All applicable federal laws, including, if applicable, the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., as amended; and

(b) Work cooperatively with federal land management agencies that have jurisdiction over federal public lands where North American wolverines may be released in Colorado.

(5) The division shall develop a North American wolverine restoration plan pursuant to subsection (4)(a)(II) of this section, and before the division reintroduces the North American wolverine in the state, the commission shall adopt rules providing for payment of fair compensation to owners of livestock for losses of livestock caused by the North American wolverine pursuant to the claim procedures described in sections 33-3-107 to 33-3-110.

(6) (a) Before the reintroduction of the North American wolverine in the state occurs, the department shall:

(I) Prepare a report in accordance with section 33-2-105.7 (2) and deliver the report in accordance with section 33-2-105.7 (3); and

(II) Develop a communications plan that outlines the division's planned communications for proposed releases of the North American wolverine. The communications plan must include a description of how the division will communicate with stakeholders and boards of county commissioners in general locations of proposed releases of the North American wolverine.

(b) The department shall prepare a report in accordance with section 33-2-105.7 (4) for each of the five years after the reintroduction of the North American wolverine occurs. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the department shall deliver the report in accordance with section 33-2-105.7 (3).

(7) The division may compensate owners of livestock pursuant to subsection (5) of this section from the wildlife cash fund created in section 33-1-112 (1); except that the division shall not use money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants to implement this subsection (7).

(8) The general assembly deems the recommended expenditure described in this subsection (8) to be in the interest of the people of the state. Pursuant to section 24-33-111 (3), the executive director is authorized to obligate and expend seven hundred fifty thousand dollars from the species conservation trust fund created in section 24-33-111 (2)(a) for the purposes of implementing and administering this section, except as set forth in subsection (7) of this section. The money described in this subsection (8) is available in state fiscal year 2024-25 and remains available for the authorized purposes until the money is fully expended.

Source: L. 2024: Entire section added, (SB 24-171), ch. 213, p. 1302, § 2, effective August 7.

Cross references: For the legislative declaration in SB 24-171, see section 1 of chapter 213, Session Laws of Colorado 2024.