[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Rules and Regulations]
[Page 65574-65579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-8]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2010-0074; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX37
Endangered and Threatened Wildlife and Plants; Reinstatement of
Protections for the Gray Wolf in the Northern Rocky Mountains in
Compliance With a Court Order
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order that has the effect of
reinstating the regulatory protections under the Endangered Species Act
of 1973, as amended (ESA), for the gray wolf (Canis lupus) in most of
the northern Rocky Mountains. Pursuant to the District of Montana court
order dated August 5, 2010, this rule corrects the gray wolf listing
for the northern half of Montana, the northern panhandle of Idaho, the
eastern third of Washington and Oregon, and north-central Utah as
endangered and reinstates the former special rules designating the gray
wolf in the remainder of Montana and Idaho as nonessential experimental
populations. Because ESA protections were not removed in Wyoming by our
April 2, 2009 (74 FR 15123), final delisting rule, Wyoming is not
impacted by this final rule.
DATES: This action is effective October 26, 2010. However, the court
order had legal effect immediately upon its filing at 2:43 p.m.
Mountain Daylight Time on August 5, 2010.
ADDRESSES: This final rule is available on the Internet at http://
www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, Office of the Western Gray Wolf Recovery Coordinator, 585
Shepard Way, Helena, Montana 59601. Call (406) 449-5225 to make
arrangements.
FOR FURTHER INFORMATION CONTACT: For information on wolves in the
northern Rocky Mountains, 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.
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay
[[Page 65575]]
Service at 1-800-877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2009, we published a final rule to remove ESA
protections across most of the concurrently designated northern Rocky
Mountain (NRM) gray wolf Distinct Population Segment (DPS) (74 FR
15123). Additional background information on the NRM gray wolf
population and on this decision, including previous Federal actions,
can be found in our April 2, 2009, final rule.
Lawsuits challenging our final rule were filed in U.S. District
Court for the District of Montana and U.S. District Court for the
District of Wyoming. On August 5, 2010, the U.S. District Court for the
District of Montana vacated and set aside our 2009 delisting rule
(Defenders of Wildlife et al. v. Salazar et al., 9:09-cv-00077-DWM).
The decision reinstates Federal protections that were in place
prior to our 2009 delisting. Therefore, wolves are listed as endangered
throughout the former NRM DPS (43 FR 9607, March 9, 1978; 50 CFR
17.11(h)), except where they are classified as experimental populations
(i.e., southern Montana, Idaho south of Interstate 90, and all of
Wyoming) (59 FR 60252, November 22, 1994; 59 FR 60266, November 22,
1994; 70 FR 1286, January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR
17.84(i) and (n)). Thus, take of wolves may be authorized only by an
experimental population rule, a permit obtained under section 10 of the
ESA, or if exempted by an incidental take statement within a biological
opinion issued by the Service pursuant to section 7 of the ESA. We
notified all State, Federal, and Tribal partners of the decision and
its impact shortly after the order was released. We also took steps to
ensure the public was aware of the decision.
This action is independent of any decision by the United States or
any interveners in the case to appeal the August 5, 2010, Montana
District Court ruling.
Administrative Procedure
This rulemaking is necessary to comply with the August 5, 2010,
court order. Therefore, under these circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b), that prior notice and
opportunity for public comment are impractical and unnecessary. The
Director has further determined, pursuant to 5 U.S.C. 553(d), that the
agency has good cause to make this rule effective upon publication.
Effects of the Rule
As of the filing of the court order, delisted wolves in Washington,
Oregon, Utah, the Idaho panhandle, and northern Montana were again
listed as endangered (50 CFR 17.11(h)). Wolves in southern Montana and
Idaho south of Interstate 90 are again listed as nonessential
experimental populations under section 10(j) of the ESA (50 CFR
17.84(i) and (n)). Furthermore, the NRM gray wolf DPS established by
our April 2, 2009, final rule is set aside. Wolves in Wyoming were not
delisted by our 2009 final rule (74 FR 15123, April 2, 2009) and, thus,
their listed status under the ESA is not impacted by this final
decision. Wolves in Wyoming remain listed as a nonessential
experimental population under section 10(j) of the ESA (50 CFR 17.84(i)
and (n)). The maps in the rule portion of this document illustrate the
boundaries of the nonessential experimental population areas.
This rule will not affect the status of the gray wolf in the NRM
under State laws or suspend any other legal protections provided by
State law. This rule will not affect the gray wolf's Appendix II status
under the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
In order to comply with the court order discussed above, we amend part
17, subchapter B of chapter I, title 50 of the CFR, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.11 by revising the entry in the table at paragraph
(h) for ``Wolf, gray'' as follows:
Sec. 17.11 [Amended]
* * * * *
(h) * * *
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Species Vertebrate population
--------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
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MAMMALS
* * * * * * *
Wolf, gray..................... Canis lupus...... Holarctic........ U.S.A., conterminous E 1, 6, 13, 15, 35. 17.95(a) N/A
(lower 48) States,
except MN and where
listed as an
experimental
population below;
Mexico.
Do............................. ......do......... ......do......... U.S.A. (MN)........... T 35............... 17.95(a) 17.40(d)
Do............................. ......do......... ......do......... U.S.A. (portions of ID XN 561, 562......... N/A 17.84(i).
and MT, WY--see Sec. 17.84(n).
17.84(i) and (n)).
Do............................. ......do......... ......do......... U.S.A. (portions of XN 631.............. N/A 17.84(k)
AZ, NM, and TX--see
Sec. 17.84(k)).
* * * * * * *
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0
3. Amend Sec. 17.84 by:
0
a. Revising paragraphs (i)(7)(i) and (i)(7)(ii) and adding new
paragraph (i)(7)(iii); and
0
b. Revising the first sentence of paragraph (n)(1) and all of
paragraphs (n)(9)(i) and (n)(9)(ii) and adding new paragraph
(n)(9)(iii) to read as set forth below.
Sec. 17.84 Special rules--vertebrates.
* * * * *
(i) * * *
(7) * * *
[[Page 65576]]
(i) The central Idaho area is shown on the following map. The
boundaries of the nonessential experimental population area will be
those portions of Idaho that are south of Interstate Highway 90 and
west of Interstate 15, and those portions of Montana south of
Interstate 90, Highway 93 and 12 from Missoula, Montana, west of
Interstate 15.
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(ii) The Yellowstone Management Area is shown on the following map.
The boundaries of the nonessential experimental population area will be
that portion of Idaho that is east of Interstate Highway 15; that
portion of Montana that is east of Interstate Highway 15 and south of
the Missouri River from Great Falls, Montana, to the eastern Montana
border; and all of Wyoming.
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(iii) All wolves found in the wild within the boundaries of this
paragraph (i)(7) after the first releases will be considered
nonessential experimental animals. In the conterminous United States, a
wolf that is outside an experimental area (as defined in paragraph
(i)(7) of this section) would be considered as endangered (or
threatened if in Minnesota) unless it is marked or otherwise known to
be an experimental animal; such a wolf may be captured for examination
and genetic testing by the Service or Service-designated agency.
Disposition of the captured animal may take any of the following
courses:
(A) If the animal was not involved in conflicts with humans and is
determined likely to be an experimental wolf, it will be returned to
the reintroduction area.
(B) If the animal is determined likely to be an experimental wolf
and was involved in conflicts with humans as identified in the
management plan for the closest experimental area, it may be relocated,
placed in captivity, or killed.
(C) If the animal is determined not likely to be an experimental
animal, it will be managed according to any Service-approved plans for
that area or will be marked and released near its point of capture.
(D) If the animal is determined not to be a wild gray wolf or if
the Service or agencies designated by the Service determine the animal
shows physical or behavioral evidence of hybridization with other
canids, such as domestic dogs or coyotes, or of being an animal raised
in captivity, it will be returned to captivity or killed.
* * * * *
(n) * * *
(1) The gray wolves (wolf) identified in paragraphs (n)(9)(i) and
(ii) of this section are nonessential experimental populations. * * *
* * * * *
(9) * * *
(i) The central Idaho NEP area is shown on the following map. The
boundaries of the NEP area are those portions of Idaho that are south
of Interstate Highway 90 and west of Interstate 15, and those portions
of Montana south of Interstate 90, Highways 93 and 12 from Missoula,
Montana, west of Interstate 15.
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(ii) The Yellowstone NEP is shown on the following map. The
boundaries of the NEP area are that portion of Idaho that is east of
Interstate Highway 15; that portion of Montana that is east of
Interstate Highway 15 and south of the Missouri River from Great Falls,
Montana, to the eastern Montana border; and all of Wyoming.
[[Page 65579]]
[GRAPHIC] [TIFF OMITTED] TR26OC10.003
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(iii) All wolves found in the wild within the boundaries of these
experimental areas are considered nonessential experimental animals.
* * * * *
Dated: October 7, 2010.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-26765 Filed 10-25-10; 8:45 am]
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