2018 Colorado Revised Statutes
Title 33 - Parks and Wildlife
Wildlife
Article 2 - Nongame and Endangered Species Conservation
§ 33-2-105.6. Reintroduction of the bonytail fish and the black-footed ferret - repeal

(1) In accordance with section 33-2-105.5, the general assembly hereby determines that the following species were not, as of April 18, 2000, found in the state and are listed under the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq., as amended, and therefore require approval by the general assembly prior to reintroduction by the division. The general assembly hereby approves the reintroduction of the following species into the state of Colorado:

• (a)

  • (I) The bonytail (gila elegans).

  • (II) The reintroduction of the bonytail shall be conducted consistent with the five-year stocking plan for endangered Colorado river fish species in Colorado, as approved by the Colorado river fishes recovery program biology committee on September 1, 1998, or as may be amended.

• (b)

  • (I) The black-footed ferret (mustela nigripes).

  • (II) The reintroduction of the black-footed ferret shall be conducted consistent with the approach described in the black-footed ferret cooperative management plan dated June 1995, developed by the division, the United States fish and wildlife service, and the United States bureau of land management, as modified by the availability of programmatic safe harbor agreements and enhancement-of-survival permits under 16 U.S.C. sec. 1539 (a)(1)(A). The reintroduction program must provide for regular updates for the local community on the status of the reintroduction and involve representatives of local government and affected interests in resolving issues that may arise during the reintroduction effort.

(2) Reintroduction of the species listed in subsection (1) of this section shall commence before December 31, 2002.

(3) The division shall submit annual reports, no later than January 15 of each year, to the house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee on the status of the reintroduction of the bonytail and the black-footed ferret and the progress towards meeting the goals of the recovery program and the removal of the species from the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq., as amended.

(4) In addition to the requirements of paragraph (b) of subsection (1) of this section, the reintroduction of the black-footed ferret shall be conducted in accordance with the following requirements:

• (a) Each annual report prepared pursuant to subsection (3) of this section shall include an assessment evaluating whether the reintroduction of the black-footed ferret will impair any use of private land or beneficial use of water existing at the time of such reintroduction. If the assessment in any annual report concludes that any such use of land will be impaired by reintroduction of the black-footed ferret, the annual report shall also describe the reason for the impact and possible actions to reduce such impact.

• (b) Any effort to reintroduce the black-footed ferret in any areas outside the experimental population boundaries described in the black-footed ferret cooperative management plan, as amended, dated June 1995, requires further legislative approval; except that a reintroduction of black-footed ferrets occurring on or after August 7, 2013,does not require further legislative approval if the reintroduction occurs on private land with landowner consent or on the land of a political subdivision of the state with the subdivision's approval and the reintroduction is in accordance with a programmatic safe harbor agreement and an enhancement-of-survival permit under 16 U.S.C. sec. 1539 (a)(1)(A) that:

  • (I) Authorize the incidental take of black-footed ferrets that may result from the implementation of conservation actions, specific land uses, and the return of the landowner's real estate to baseline conditions; and

  • (II) Provide landowners with assurances that the federal government will not impose further land, water, or resource-use restrictions or additional commitments of land, water, or finances beyond that agreed to in the agreement.

• (c) The state of Colorado shall ensure enforcement of the provisions of the black-footed ferret cooperative management plan dated June, 1995, up to and including litigation if the memorandum of understanding between Colorado and any federal agency implementing such plan is violated.

• (d) If requested, the state of Colorado shall relocate any black-footed ferrets within the state of Colorado that were reintroduced pursuant to the black-footed ferret cooperative management plan dated June 1995, and that move outside of the experimental population boundaries described in the plan into the area originally designated in the plan.

• (e) Nothing in the black-footed ferret cooperative management plan, as amended, dated June 1995, affects current prairie dog management efforts on private lands or on the land of a political subdivision of the state.

• (f)

  • (I) Until July 1, 2019, only three political subdivisions are authorized to reintroduce black-footed ferrets under this section. A political subdivision of the state shall not reintroduce black-footed ferrets under this section unless the division of parks and wildlife certifies that the authorization would not result in more than three political subdivisions of the state reintroducing black-footed ferrets under this section.

  • (II) The division shall administer this paragraph (f) by:

    • (A) Tracking the number of political subdivisions that are authorized to release black-footed ferrets under this section; and

    • (B) Denying certification to a political subdivision of the state if certification would result in more than three political subdivisions introducing black-footed ferrets under this section.

  • (III) This section is repealed, effective July 1, 2019.