State- and Science-based Gray Wolf Reintroduction Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6267 To establish a process for State determinations with respect to Canis lupus reintroduction, to protect ungulate, stock animal, and dog populations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2020 Mr. TIPTON introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish a process for State determinations with respect to Canis lupus reintroduction, to protect ungulate, stock animal, and dog populations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘State- and Science- 4 based Gray Wolf Reintroduction Act of 2020’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) For the last 20 years, scientists at the 8 United States Fish and Wildlife Service have rec- 9 VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6267 IH ommended against further reintroduction of gray 1 wolves in the Northern Rocky Mountains where the 2 species has already exceeded recovery goals. 3 (2) The United States Fish and Wildlife Service 4 wrote in the final rule titled ‘‘Endangered and 5 Threatened Wildlife and Plants; Final Rule To Re- 6 classify and Remove the Gray Wolf From the List 7 of Endangered and Threatened Wildlife in Portions 8 of the Conterminous United States; Establishment 9 of Two Special Regulations for Threatened Gray 10 Wolves’’ (68 Fed. Reg. 15803; April 1, 2003) that 11 ‘‘[e]stablishing additional populations would provide 12 no additional genetic benefits to wolf recovery under 13 the Act. . .’’ and ‘‘new recovery programs are not 14 necessary to achieve recovery of the gray wolf under 15 the Act either as formerly listed in the 48 States 16 and Mexico or under the new listings established by 17 this final rule’’. 18 (3) Under President Obama, the United States 19 Fish and Wildlife Service published a final rule on 20 April 2, 2009, titled ‘‘Endangered and Threatened 21 Wildlife and Plants; Final Rule To Identify the 22 Western Great Lakes Populations of Gray Wolves as 23 a Distinct Population Segment and To Revise the 24 List of Endangered and Threatened Wildlife’’ (74 25 VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6267 IH Fed. Reg. 15070), which states that the United 1 States Fish and Wildlife Service has identified a dis- 2 tinct population segment of the gray wolf in the 3 Northern Rocky Mountains of the United States and 4 revises the List of Endangered and Threatened 5 Wildlife by removing gray wolves within the North- 6 ern Rocky Mountain distinct population segment 7 boundary, except in Wyoming. 8 (4) Under President Obama, the United States 9 Fish and Wildlife Service published a final rule on 10 September 10, 2012 (77 Fed. Reg. 55530), that was 11 reinstated on March 3, 2017, by the decision of the 12 United States Court of Appeals for the District of 13 Columbia (No. 14–5300), and further republished on 14 May 1, 2017 (82 Fed. Reg. 20284), which states 15 that the best scientific and commercial data avail- 16 able indicate that gray wolves in Wyoming have re- 17 covered and are no longer in need of protection 18 under the Endangered Species Act of 1973. 19 SEC. 3. STATE REINTRODUCTION OF CANIS LUPUS. 20 (a) STATE PETITION FOR REINTRODUCTION.—If 21 Canis lupus is listed as an endangered species or threat- 22 ened species pursuant to section 4(a) of the Endangered 23 Species Act of 1973 (16 U.S.C. 1533(a)), or is part of 24 a monitoring strategy under section (4)(g) of such Act, 25 VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6267 IH a State may not reintroduce Canis lupus within the bound- 1 aries of such State unless— 2 (1) the Governor of such State submits to the 3 Secretary a petition that includes the information 4 described in subsection (b); and 5 (2) such petition is approved by the Secretary. 6 (b) INFORMATION DESCRIBED.—The information de- 7 scribed in this subsection is the following: 8 (1) A science-based finding from the State fish 9 and wildlife department that reintroduction of Canis 10 lupus is necessary— 11 (A) to support a Canis lupus recovery plan 12 developed under section 4(f) of the Endangered 13 Species Act of 1973 (16 U.S.C. 1533(f)); or 14 (B) to support Canis lupus monitoring 15 under section 4(g) of such Act. 16 (2) A description of the impact that Canis 17 lupus reintroduction will have on the wild ungulate 18 population of the State. 19 (3) A description of— 20 (A) the wild ungulate population manage- 21 ment objectives of such State; 22 (B) the Federal resources the State uses to 23 maintain and meet such objectives; and 24 VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6267 IH (C) how Canis lupus reintroduction may 1 impact such objectives and resources. 2 (c) NOTICE OF PETITION.—Not later than 30 days 3 after the date on which the Secretary receives a State peti- 4 tion for reintroduction of Canis lupus under subsection 5 (a), the Secretary shall— 6 (1) provide to each chief executive of an af- 7 fected county notice of the State petition; and 8 (2) solicit from each such chief executive— 9 (A) information about the anticipated ef- 10 fects of such reintroduction, including how— 11 (i) hunting opportunities for wild 12 ungulate populations in the county could 13 be impacted by such reintroduction and the 14 estimated economic effect of any expected 15 reduction in such opportunities; and 16 (ii) such reintroduction could result in 17 losses of stock animals within the county 18 and the economic impact of such losses; 19 and 20 (B) a recommendation for approval or de- 21 nial of the petition. 22 (d) EFFECT OF COUNTY DETERMINATION.—Not 23 later than 6 months after the date on which the Secretary 24 makes a solicitation under subsection (c)(2), if a chief ex- 25 VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6267 IH ecutive of an affected county submits to the Secretary a 1 recommendation under subsection (c)(2)(B) that the rel- 2 evant petition be denied, the Secretary may not approve 3 such petition pursuant to subsection (a)(2). 4 (e) PROTECTION OF STOCK ANIMALS AND DOGS.— 5 (1) IN GENERAL.—If the Secretary approves a 6 petition pursuant to subsection (a)(2), and if a per- 7 son meets the requirements described in paragraph 8 (2), such person may take a Canis lupus that is at- 9 tacking a stock animal or dog. 10 (2) REQUIREMENTS DESCRIBED.—The require- 11 ments described in this paragraph are the following: 12 (A) The person is not— 13 (i) trespassing; or 14 (ii) on land administered by the Di- 15 rector of the National Park Service. 16 (B) The person did not intentionally bait, 17 feed, or otherwise attract the Canis lupus. 18 (f) DEFINITIONS.—In this section: 19 (1) CHIEF EXECUTIVE OF AN AFFECTED COUN- 20 TY.—The term ‘‘chief executive of an affected coun- 21 ty’’ means the highest elected or appointed executive 22 of each county in which Canis lupus would be re- 23 introduced pursuant to a State petition submitted 24 under subsection (a). 25 VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6267 IH (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of the Interior. 2 (3) STATE FISH AND WILDLIFE DEPART- 3 MENT.—The term ‘‘State fish and wildlife depart- 4 ment’’ has the meaning given such term in section 5 2 of the Pittman-Robertson Wildlife Restoration Act 6 (16 U.S.C. 669a). 7 (4) STOCK ANIMAL.—The term ‘‘stock animal’’ 8 means cattle, sheep, horses, goats, and other domes- 9 tic animals ordinarily raised or used on a farm. 10 (5) TAKE.—The term ‘‘take’’ has the meaning 11 given such term in section 3 of the Endangered Spe- 12 cies Act of 1973 (16 U.S.C. 1532). 13 (6) WILD UNGULATE POPULATION.—The term 14 ‘‘wild ungulate population’’ means deer, elk, moose, 15 bighorn sheep, mountain goats, antelope, and bison. 16 Æ VerDate Sep 11 2014 17:52 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H6267.IH H6267 pamtmann on DSKBC07HB2PROD with BILLS