[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Proposed Rules]
[Pages 53379-53381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21839]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2011-0029 ; 92220-1113-000; ABC Code: C6]
RIN 1018-AX57
Endangered and Threatened Wildlife and Plants; Revising the List
of Endangered and Threatened Wildlife for the Gray Wolf (Canis lupus)
in the Eastern United States
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; correction and reopening of comment period.
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SUMMARY: On May 5, 2011, we, the U.S. Fish and Wildlife Service
(Service), published a proposed rule to reevaluate the listing of the
Minnesota population of gray wolves (Canis lupus) and revise the
listing to conform to current statutory and policy requirements (76 FR
26086). In that proposed rule, we recognized recent taxonomic
information indicating that the gray wolf subspecies Canis lupus lycaon
should be elevated to the full species C. lycaon. We proposed to
identify the Minnesota population as a Western Great Lakes (WGL)
Distinct Population Segment (DPS) of the gray wolf and to remove this
DPS from the List of Endangered and Threatened Wildlife. We also
proposed to revise the range of the gray wolf (the species C. lupus) by
removing all or parts of 29 eastern States, which, based in part on
recognition of C. lycaon, were not part of the historical range of the
gray wolf.
We announce the reopening of the comment period for our May 5,
2011, proposed rule to provide for public review and comment of
additional information regarding our recognition of C. lycaon as a
separate species. We seek information, data, and comments from the
public with respect to new information relevant to the taxonomy of
wolves in North America. In addition we are making a correction to our
May 5, 2011, proposed rule and notifying the public that we are
considering concluding that proposed rule with two or more final rules.
DATES: We request that comments on this proposal be submitted by the
close of business on September 26, 2011. Any comments that we receive
after the closing date may not be considered in the final decision on
this action.
ADDRESSES: Document availability: See SUPPLEMENTARY INFORMATION for
information on how to access the new report described in this revised
proposed rule.
Comment submission: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Enter Keyword or ID box, enter FWS-R3-ES-
2011-0029, which is the docket number for this rulemaking. Then, in the
Search panel at the top of the screen, under the Document Type heading,
click on the Proposed Rules link to locate this document. You may
submit a comment by clicking on ``Submit a Comment.''
By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments
[[Page 53380]]
Processing, Attn: FWS-R3-ES-2011-0029; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Laura Ragan, 612-713-5350. Direct all
questions or requests for additional information to: GRAY WOLF
QUESTIONS, U.S. Fish and Wildlife Service, Ecological Services, 5600
American Blvd. West, Suite 990, Bloomington, MN 55437-1458. Additional
information is also available on our Web site at http://www.fws.gov/midwest/wolf. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION:
Background
In our May 5, 2011, proposed rule (76 FR 26086), we specifically
recognized the eastern wolf (Canis lycaon) as a full species. Within
the proposed rule, we recognized three wolf species with ranges in the
conterminous United States: Canis lupus (gray wolf), Canis lycaon
(eastern wolf), and Canis rufus (red wolf). We also recognized that the
ranges of C. lupus and C. lycaon overlap in the Western Great Lakes
region, and the population of wolves in the Western Great Lakes region
includes both gray wolf and eastern wolf. However, the available
evidence suggested the range of C. lupus did not otherwise historically
overlap with the ranges of C. lycaon or C. rufus in the eastern United
States. Thus, the May 5, 2011, proposed rule reflected our
understanding that the wolf species that historically occupied the
northeastern United States was the eastern wolf and the wolf species
that historically occupied the southeastern United States was the red
wolf. Accordingly, we proposed to revise the gray wolf listing to
remove those States.
The comment period for that proposed rule closed on July 5, 2011.
We received significant comments from States and other stakeholders
highlighting the controversy in North American wolf taxonomy. As such,
we are reopening the comment period to provide further information
regarding the taxonomic interpretation recognized in the May 5, 2011,
proposed rule and seek comment as to the best scientific and commercial
data available regarding the recognition of Canis lycaon as a full
species. In part, this conclusion was based on information summarized
in a manuscript prepared by Service employees that is currently
undergoing review for publication (Chambers et al., in prep.).
On May 5, 2011, we simultaneously reissued our April 2, 2009, final
rule that identified the Northern Rocky Mountain (NRM) population of
gray wolf as a distinct population segment (DPS) and revised the List
of Endangered and Threatened Wildlife by removing most of the gray
wolves in the DPS (76 FR 25590). This action became effective upon
publication in the Federal Register. The May 5, 2011, proposed rule did
not reflect language from our separate May 5, 2011, final rule
delisting most of the NRM DPS. The proposed rule language below
corrects this to reflect the current status of those wolves. Finally,
it is also worth noting that we received several comments on our May 5,
2011, proposal requesting that we further subdivide the proposal into
regional pieces. Thus, we are hereby providing notice that we are
considering issuing separate final rules for our final determinations
on the delisting of the Western Great Lakes DPS and the delisting of
all or portions of the 29 States outside the historical range of the
gray wolf, which may itself be split into separate rules for the
Northeast and the Southeast.
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we hereby
request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party concerning
this proposed rule. We particularly seek comments concerning:
(1) The taxonomic classification of wolves in the midwestern and
northeastern United States as described in a Service manuscript
prepared by Chambers et al., in particular the recognition of the
eastern wolf (Canis lycaon) as a full species.
(2) Any other relevant information regarding wolves in eastern
North America.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES. Comments must
be submitted to http://www.regulations.gov before midnight (Eastern
Daylight Time) on the date specified in DATES. All comments that were
submitted during the earlier public comment period will be included as
part of the administrative record for this action and need not be
resubmitted.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information, such as your street address, phone
number, or e-mail address, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule including the
Chambers et al. manuscript (in prep), will be available for public
inspection on http://www.regulations.gov at Docket No. FWS-R3-ES-2011-
0029; on the Service's Internet site at http://www.fws.gov/midwest/wolf/; or by appointment, during normal business hours at the following
Ecological Services offices:
Twin Cities, Minnesota Ecological Services Field Office,
4101 American Blvd. E., Bloomington, MN; 612-725-3548.
Green Bay, Wisconsin Ecological Services Field Office,
2661 Scott Tower Dr., New Franken, WI; 920-866-1717.
East Lansing, Michigan Ecological Services Field Office,
2651 Coolidge Road, Suite 101, East Lansing, MI; 517-351-2555.
New England Ecological Services Field Office, U.S. Fish
and Wildlife Service, 70 Commercial St., Suite 300, Concord, NH; 603-
223-2541.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 76 FR 26086, May 5, 2011, as follows:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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.
[[Page 53381]]
2. Amend Sec. 17.11(h) by revising the entry for ``Wolf, gray''
under MAMMALS in the List of Endangered and Threatened Wildlife to read
as follows:
Sec. 17.11 [Amended]
* * * * *
(h) * * *
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Species Vertebrate population
--------------------------------------------------- Historic range where endangered or Status When Critical Special
Common name Scientific name threatened listed habitat rules
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Mammals
* * * * * * *
Wolf, gray.............. Canis lupus............. Holarctic.............. U.S.A.: All of CA, CO, E 1, 6, 13, N/A N/A
KS, NE, and NV; those 15, 35
portions of AZ, NM,
TX, and WY not
included in an
experimental
population as set
forth below; and
portions of IA, MO,
ND, OK, OR, SD, TX,
UT, and WA as
follows:
(1) Southern IA, (that
portion south of the
centerline of Highway
80);
(2) Northwestern MO
(that portion
northwest of the
centerline of
Interstate Highway 44
and northwest of the
centerline of
Interstate Highway 70
east of St. Louis);
(3) Western ND (that
portion south and
west of the Missouri
River upstream to
Lake Sakakawea and
west of the
centerline of Highway
83 from Lake
Sakakawea to the
Canadian border);
(4) Western OK (that
portion west of the
centerline of
Interstate Highway 35
and northwest of the
centerline of
Interstate Highway 44
north of Oklahoma
City);
(5) Western OR (that
portion west of the
centerline of Highway
395 and Highway 78
north of Burns
Junction and that
portion of OR west of
the centerline of
Highway 95 south of
Burns Junction);
(6) Western SD (that
portion south and
west of the Missouri
River);
(7) Western TX (that
portion west of the
centerline of
Interstate Highway
35);
(8) Most of Utah (that
portion south and
west of the
centerline of Highway
84 and that portion
south of Highway 80
from Echo to the UT/
WY Stateline); and
(9) Western WA (that
portion west of the
centerline of Highway
97 and Highway 17
north of Mesa and
that portion west of
the centerline of
Highway 395 south of
Mesa).
Mexico................
Do...................... ...... do............... ...... do.............. U.S.A. (portions of XN 631 NA 17.84(k)
AZ, NM, and TX--see
Sec. 17.84(k)).
Wolf, gray [Northern Canis lupus............. U.S.A. (MT, ID, WY, U.S.A. (WY--see Sec. XN 561, 562 NA 17.84(i)
Rocky Mountain DPS]. eastern WA, eastern 17.84(i) and (n)). 17.84(n)
OR, and north central
UT).
* * * * * * *
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Dated: August 16, 2011.
Gregory E. Siekanic,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-21839 Filed 8-25-11; 8:45 am]
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