[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Proposed Rules]
[Pages 36939-36942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3273]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU53
Endangered and Threatened Wildlife and Plants; Designating the
Northern Rocky Mountain Population of Gray Wolf as a Distinct
Population Segment and Removing This Distinct Population Segment From
the Federal List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period; notice of public
hearing.
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SUMMARY: The U.S. Fish and Wildlife Service (Service, we or us)
announces the reopening of the comment period for the proposed rule to
establish a distinct population segment (DPS) of the gray wolf (Canis
lupis) in the Northern Rocky Mountains (NRM) of the United States and
to remove the gray wolf in the NRM DPS from the List of Endangered and
Threatened Wildlife under the Endangered Species Act of 1973, as
amended (Act). The State of Wyoming has a new statute and has advised
the Service that it is appropriate to analyze a new draft wolf
management plan that the Service believes could allow the wolves in
northwestern Wyoming outside the National Parks to be removed from the
protections of the Act. We are reopening the proposal's comment period
to ensure that the public has full access to, and an opportunity to
comment on, the proposed rule in light of this new information. We also
announce the location and time of an additional public hearing to
receive public comments on the proposal in light of the new
information. If you have previously submitted comments, please do not
resubmit them because we have already incorporated them in the public
record and will fully consider them in our final decision.
DATES: The public comment period is reopened until August 6, 2007. We
may not consider any comments we receive after the closing date. We
will hold a public hearing on this proposed rule on July 17, 2007. For
more information, see ``Public Hearing and Comments'' below.
Public Hearing
An open house (a brief presentation about the proposed rule and
revised plan with a question and answer period) will be held from 4:30
p.m. to 5:30 p.m., and will be followed by a public hearing from 5:30
p.m. to 8:30 p.m., on July 17, 2007, at the Cody Auditorium Facility,
1240 Beck Avenue, Cody, WY 82414.
ADDRESSES: If you wish to comment, you may submit comments and
materials concerning this proposal, identified by ``RIN number 1018-
AU53,'' by any of the following methods:
1. You may submit comments through the Federal e-Rulemaking Portal
at http://www.regulations.gov. Follow the instructions for submitting
comments.
2. You may send comments by electronic mail (email) directly to the
Service at [email protected]. Include ``RIN number 1018-AU53'' in
the subject line of the message.
3. You may mail or hand-deliver comments to the U.S. Fish and
Wildlife Service, Western Gray Wolf Recovery Coordinator, 585 Shepard
Way, Helena, MT 59601.
Comments and materials received, as well as supporting
documentation used in preparation of this proposed action, will be
available for inspection following the close of the comment period, by
appointment, during normal business hours, at our Helena office at the
address above.
FOR FURTHER INFORMATION CONTACT: Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena
office (see ADDRESSES) or telephone (406) 449-5225, extension 204.
Persons who use a Telecommunications Device for the Deaf may call the
Federal Information Relay Service at (800) 877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2007, we published a proposal to establish a DPS of
the gray wolf in the NRM of the United States and to remove the NRM DPS
from the List of Threatened and Endangered Wildlife (72 FR 6106) if
Wyoming adopted a state law and management plan that adequately
conserved wolves. The initial comment period on this proposal was open
from February 8, 2007 to April 9, 2007. Due to the complexity of this
proposed action, we extended the comment period to May 9, 2007 to allow
the public ample opportunity to comment (72 FR 14760; March 29, 2007).
At the time of this proposal, Wyoming had not provided an adequate
regulatory framework to ensure conservation of a recovered wolf
population into the foreseeable future (for more information, see our
12-month finding on Wyoming's petition to establish and delist the NRM
gray wolf population (71 FR 43410; August 1, 2006) at http://www.fws.gov/mountain-prairie/species/mammals/wolf/FR08012006.pdf).
Therefore, in the preamble we indicated we would consider excluding the
significant portion of the range of the NRM DPS occurring in Wyoming,
outside Yellowstone National Park, John D. Rockefeller Jr. Memorial
Parkway, and Grand Teton National Park (hereafter collectively referred
to as National Parks) from the delisting. This alternative in the
preamble also considered delisting the wolf on National Park Service
lands and in those portions of Wyoming not determined to be a
significant portion of the range. The exact boundaries are described in
the proposed rule (72 FR 6119; February 8, 2007). A map can be found at
http://www.fws.gov/mountain-prairie/species/mammals/wolf/wyomingwolves2006.pdf. However, the rule proposed to delist all of the
NRM DPS if Wyoming adopted a State law and wolf management plan that
the Service determined to be in compliance with the Act (72 FR 6138;
February 8, 2007).
[[Page 36940]]
New Information
In February 2007, the Wyoming governor signed legislation (Wyoming
House Bill 213) that proposes to revise Wyoming State statutes
pertaining to wolf management. If this were to become effective, it
would appear to allow for adequate wolf management by the Wyoming Game
and Fish Department (WGFD). Furthermore, in May 2007, the Governor of
Wyoming stated it was appropriate to analyze a revised wolf management
plan that would maintain a recovered wolf population for the
foreseeable future (Freudenthal 2007). This draft wolf management plan
requires final State approval from the Wyoming Game and Fish Commission
(Commission) and may require further legislative action so that certain
recent changes in State law could become effective.
The legislation contains a list of actions that are to occur for
the law to become effective. These actions are summarized below and may
be viewed in the House bill at http://gf.state.wy.us/downloads/pdf/HB0213%202007%20Wolf%20Engrossed.pdf.
(1) On or before February 29, 2008, the Service shall have
published the final rule to delist the gray wolf in the entire State of
Wyoming; and
(2) The Service has either published a final rule modifying the
existing 2005 special regulation under section 10(j) of the Act or has
executed an agreement with the State of Wyoming that provides adequate
protection for Wyoming's wild ungulates; and
(3) All claims in the lawsuit brought by the State of Wyoming
contesting the Service's actions finding Wyoming's statute and plan
inadequate have been resolved or settled; and
(4) The governor of Wyoming shall certify to the Secretary of State
of Wyoming that the actions described in the statute have occurred.
The revised wolf management plan provides that the designation of
wolves as a trophy game animal shall include any gray wolf within the
boundaries that are now consistent with those the Service has deemed
necessary for maintaining a recovered wolf population. For specific
boundaries, see the House bill at the above website and the revised
management plan.
When effective, this law and wolf management plan would commit the
State to maintain at least 15 breeding pairs in the northwestern
portion of the State including the National Parks, with 7 of these
breeding pairs occupying areas outside the National Parks. The State of
Wyoming would ensure that Wyoming's wolf population, including wolves
in National Parks, never drops below 10 breeding pairs and 100 wolves
(WGFD 2007, p. 1). Furthermore, the plan now incorporates the Service's
definition of a breeding pair as an adult male and female raising two
or more pups-of-the-year until December 31 (WGFD 2007, pp. 1-3; 72 FR
6129, February 8, 2007).
Under this law and plan, if the NRM DPS is delisted, Wyoming would
designate the gray wolf as a trophy game animal in the area that
conforms to our determination of the significant portion of the range
in Wyoming (72 FR 6119; February 8, 2007). Outside this area in
Wyoming, wolves would be classified as predatory animals (WGFD 2007,
pp. 1, 2, 4, 5, 10). These designations would remain constant
regardless of changes in the number of breeding pairs in the State.
Since the State does not have the legal authority to manage wolves
within the National Parks, its management emphasis would be applied to
maintaining seven breeding pairs that primarily inhabit areas outside
the National Parks (WGFD 2007, p. 10). Because the State also does not
have any authority to manage wildlife occurring on the Wind River
Reservation, the Tribes are not obligated under the State's wolf
management plan to manage for a specific number of wolves. Any breeding
pairs that might become established on the reservation would not reduce
Wyoming's commitment to maintain at least seven breeding pairs outside
the National Parks in northwestern Wyoming. WGFD will continue to
coordinate with appropriate authorities on the Reservation for the
purpose of developing mutually agreeable wolf management objectives
(WGFD 2007, p. 10).
The wolf trophy game area would be designated as the Northwest
Wyoming Wolf Data Analysis Unit (DAU) and would consist of three wolf
management units (WMU). WGFD uses such an approach to manage all other
species of big game and trophy game animals. The DAU is used to manage
a population of animals, while WMUs are used to manage specific harvest
objectives within the DAU. Wolves that occupy the DAU would be actively
managed, and public take would be regulated under appropriate State
statutes and Commission regulations at the WMU level to ensure that at
least seven breeding pairs occupy this DAU (WGFD 2007, p. 10). The size
of the DAU would allow for some flexibility where the minimum of seven
breeding pairs would be maintained. In the event pack densities need to
be reduced in one area to minimize wildlife or livestock conflicts,
WGFD would manage for replacement breeding pairs in an area within the
DAU that is more suitable for wolves (WGFD 2007, p. 11).
Hunting and trapping regulations would be implemented through the
same rulemaking processes used for other trophy game animals in Wyoming
and would include public input. WGFD may use a variety of harvest
regimes, including harvest quotas, to maintain at least seven breeding
pairs of wolves outside the National Parks. Seasons would be closed
when the mortality quota is reached, or if the Commission deems it
necessary to limit take in additional areas that are designated for
trophy game animal protection. The wolf management plan states that, as
with mountain lions (Puma concolor) and black bears (Ursus americanus),
license sales would not be restricted unless limited quota harvest
regimes are necessary. We anticipate that a limited harvest quota would
likely be necessary for WGFD to maintain at least seven breeding pairs
outside the National Parks in northwestern Wyoming. Wolf mortality
quotas would be based on desired pack densities for each WMU and total
numbers of packs at the DAU level (WGFD 2007, p. 15).
It is currently unlawful in Wyoming to take trophy game animals by
trapping. However, if delisted, gray wolves classified as trophy game
animals could be legally trapped as set forth by Wyoming Statute 23-2-
303(d). In the event of delisting, WGFD would first need to adopt
regulations setting forth the specifications for traps and snares used
for the taking of gray wolves (WGFD 2007, p. 16).
In recognition of the importance of sufficient dispersal and
exchange of wolves in maintaining genetic variability, WGFD would not
remove lone wolves dispersing through areas outside of the trophy game
area unless conflicts with human activities arise. However, wolves in
these areas may be subject to liberal public take regulations. Public
education efforts would emphasize that lone wolf sightings do not
necessarily mean a pack is forming in the area (WGFD 2007, p. 17).
The wolf management plan emphasizes that interagency efforts to
maintain linkage zones and movement corridors in the northern Rockies
for grizzly bears (Ursus arctos horribilis), forest carnivores, and big
game will also benefit wolves. WGFD commits, to the extent practicable,
to ensure that genetic and connectivity issues do not threaten
Wyoming's wolf population. Conservation measures could include, but
would not be limited to, working with other States to promote natural
[[Page 36941]]
dispersal into and within various portions of the Greater Yellowstone
Area, and, if necessary, by relocation or translocation (WGFD 2007, p.
17).
Under the new wolf management plan, WGFD would monitor the number
of breeding pairs residing in Wyoming, regardless of legal
classification, and document their distribution, reproduction, and
mortality. WGFD would be responsible for monitoring these parameters in
all occupied habitat outside of National Parks, the National Elk
Refuge, and the Wind River Reservation. The National Park Service
intends to continue to monitor wolves inside the National Parks, and
the Service intends to monitor wolves on the National Elk Refuge. WGFD
would coordinate and share monitoring data with these agencies,
Montana, Idaho, and Tribes. WGFD would monitor wolves outside the DAU
less intensively (WGFD 2007, p. 12).
In conclusion, it appears the regulatory framework provided by the
State statute and proposed revised wolf management plan, would if
adopted, provide assurance that Wyoming's share of the tri-State NRM
wolf population would be maintained above recovery levels into the
foreseeable future and that a significant portion of the range in
Wyoming would continue to be occupied by wolf packs. This type of
management framework is consistent in its general principles with those
already adopted and accepted as being adequate regulatory frameworks
for delisting wolves in the States of Minnesota, Michigan, Wisconsin,
Montana, and Idaho. The plan would provide adequate assurances that a
viable wolf population would be maintained in the NRM DPS. However, if
the statute does not go into effect or if the plan is not adopted by
the Commission, our final rulemaking could employ the alternative
described in the preamble to the February 18, 2007, proposed rule to
keep wolves in the significant portion of their range (outside the
National Parks) in Wyoming as a nonessential experimental population
with continued protections under the Act.
The February 8, 2007, proposed rule may be viewed at http://www.fws.gov/mountain-prairie/species/mammals/wolf/NRM_wolf_DPS_%2002082007.pdf. The revised draft Wyoming wolf management plan may be
viewed at http://gf.state.wy.us/wildlife/wildlife_management/wolf/index.asp.
In addition to having new information regarding State management of
wolves in Wyoming, the Wind River Reservation recently submitted a wolf
management plan to us for approval. Wolf management on Tribal lands
within the NRM DPS will be beneficial, but is not necessary to either
achieving or maintaining a recovered wolf population in the NRM (72 FR
6135; February 8, 2007).
The Wind River Reservation occurs just outside the significant
portion of the range in northwestern Wyoming and currently does not
solely support any breeding pairs, although two adjacent packs range
inside the reservation boundary (Shoshone and Arapahoe Tribal Fish and
Game Department 2007, pp. 4-5). As such, the Shoshone and Arapahoe
Tribal Fish and Game Department has prepared a wolf management plan for
the reservation for our review.
We have approved the Tribal plan because it is consistent with
maintaining a recovered population of wolves in Wyoming after delisting
and the guidelines of the 2005 10(j) rule (King 2007). Our approval of
the plan provides the Shoshone and Arapahoe Tribal Fish and Game
Department with the ability to manage listed wolves according to
provisions for controlling problem wolves in our 2005 special
regulation under section 10(j) of the Act (70 FR 1286, January 6,
2005). If the wolf is delisted, the Shoshone and Arapahoe Tribal Fish
and Game Department would designate it as a game animal and would
establish hunting and trapping seasons (Shoshone and Arapahoe Tribal
Fish and Game Department 2007, p. 9). The Shoshone and Arapahoe Tribal
Fish and Game Department would not manage for a specific number of
breeding pairs (Shoshone and Arapahoe Tribal Fish and Game Department
2007, p. 9), because the Wind River Reservation is not considered
essential to maintaining a recovered wolf population in Wyoming. Any
wolves that establish themselves on the reservation would be in
addition to those managed by the State of Wyoming for maintaining a
recovered population.
The Wind River Reservation plan may be viewed at: http://www.fws.gov/mountain-prairie/species/mammals/wolf/Wind_River_Res_Wolf_Plan_20070413.pdf.
Public Hearing and Comments
We intend that any final action resulting from the proposal will be
as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning the proposed rule. Specifically, we seek information,
data, and comments concerning the proposed delisting of all of the NRM
DPS throughout Wyoming considering the adequacy of Wyoming's regulatory
framework as represented by its revised State law, if adopted, and
State and Tribal wolf management plans.
If you previously submitted comments on the delisting proposal,
please do not resubmit them, as we have already incorporated them into
the public record and will fully consider them in our final decision.
However, we welcome any new comments pertaining to the proposed
delisting throughout Wyoming in light of the new regulatory framework.
You may submit comments as indicated under ADDRESSES. If you wish
to submit comments by e-mail, please submit them in ASCII file format
and avoid the use of special characters and any form of encryption.
Due to the high level of interest in this rulemaking process, we
may post comments on our Web site. Before including your address, phone
number, e-mail address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Comments and other information received, as well as supporting
information used to write the proposed rule, will be available for
public inspection, by appointment, during normal business hours at the
Helena, Montana Field Office (see ADDRESSES). In making a final
decision on the proposal, we will take into consideration the comments
and any additional information we receive. Such communications may lead
to a final regulation that differs from the proposal.
Anyone wishing to make an oral statement at the public hearing for
the record is encouraged to provide a written copy of their statement
to us at the hearing. In the event there is a large attendance, the
time allotted for oral statements may be limited. Speakers can sign up
only at the open houses and hearings. Oral and written statements
receive equal consideration. There are no limits on the length of
written comments submitted to us. If you have any questions concerning
the public hearing or need reasonable accommodations to attend and
participate in the public hearing, please contact Sharon Rose at (303)
236-4580 as soon as possible, but no later than 1
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week to before the hearing date, to allow sufficient time to process
requests. Information regarding the proposal is available in
alternative formats upon request.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: June 28, 2007.
Kevin Adams,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 07-3273 Filed 7-2-07; 8:45 am]
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