[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Rules and Regulations]
[Pages 25590-25592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10860]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2011-0032; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX81
Endangered and Threatened Wildlife and Plants; Reissuance of
Final Rule To Identify the Northern Rocky Mountain Population of Gray
Wolf as a Distinct Population Segment and To Revise the List of
Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: On April 15, 2011, President Obama signed the Department of
Defense and Full-Year Appropriations Act, 2011. A section of that
Appropriations Act directs the Secretary of the Interior to reissue
within 60 days of enactment the final rule published on April 2, 2009,
that identified the Northern Rocky Mountain population of gray wolf
(Canis lupus) as a distinct population segment (DPS) and to revise the
List of Endangered and Threatened Wildlife by removing most of the gray
wolves in the DPS. This rule complies with that directive.
DATES: This action is effective May 5, 2011.
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, Montana Ecological Services Field Office, 585 Shepard Way,
Helena, MT 59601; telephone (406) 449-5225.
FOR FURTHER INFORMATION CONTACT: For information on wolves in the
northern Rocky Mountains, see http://www.fws.gov/mountain-prairie/species/mammals/wolf/, or contact U.S. Fish and Wildlife Service,
Montana Ecological Services Field Office (see ADDRESSES) or telephone
(406) 449-5225. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION:
[[Page 25591]]
Background
On April 2, 2009, we, the U.S. Fish and Wildlife Service (Service),
published a final rule to remove protections of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.), from 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, including previous Federal
actions, can be found in our April 2, 2009, final rule. The complete
text of the April 2, 2009, publication in the Federal Register can be
viewed online as part of the docket for this rulemaking at http://www.regulations.gov.
Lawsuits challenging our April 2, 2009, 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., (729 F. Supp. 2d
1207 (D. Mont.).
On April 15, 2011, President Obama signed Public Law 112-10--The
Department of Defense and Full-Year Continuing Appropriations Act,
2011. Section 1713 of Public Law 112-10 requires: ``Before the end of
the 60-day period beginning on the date of enactment of this Act, the
Secretary of the Interior shall reissue the final rule published on
April 2, 2009 (74 FR 15123 et seq.), without regard to any other
provision of statute or regulation that applies to issuance of such
rule. Such reissuance (including this section) shall not be subject to
judicial review and shall not abrogate or otherwise have any effect on
the order and judgment issued by the United States District Court for
the District of Wyoming in Case Number 09-CV-118J and 09-CV-138J on
November 18, 2010.''
This final rule implements that directive. The regulatory text of
this final rule differs from that of the April 2, 2009, final
regulation only to reflect the withdrawal of the April 2, 2009,
delisting of the western Great Lakes distinct population segment of
gray wolves (74 FR 15070) pursuant to terms of a settlement agreement
approved by the District Court for the District of Columbia in Humane
Society of the United States v. Salazar, 1:09-CV-1092-PLF (D.DC), on
July 1, 2009. The preamble to the 2009 final NRM rule was explicit that
the regulatory language pertaining to the western Great Lakes DPS was
not attributable to the NRM rule:
``Elsewhere in today's Federal Register, we also identify the
Western Great Lakes (WGL) DPS and removed the gray wolves in that
DPS from the List of Endangered and Threatened Wildlife. As the
Service is taking these regulatory actions with respect to the NRM
DPS and WGL DPS at the same time, this final rule includes
regulatory revisions under Sec. 17.11(h) that reflect the removal
of the protections of the Act for both the WGL DPS and most of the
NRM DPS, and reflect that gray wolves in Wyoming, an SPR of the NRM
DPS range, continue to be listed as an experimental population.
However, only that portion of the revised gray wolf listing in Sec.
17.11(h) that pertains to the NRM DPS is attributable to this final
rule.'' [74 FR at 15184]
Effects of the Rule
Gray wolves in Montana and Idaho, as well as portions of eastern
Oregon, eastern Washington, and north-central Utah, are removed from
the List of Endangered and Threatened Wildlife. Gray wolves in Wyoming
remain on the List of Endangered and Threatened Wildlife and continue
to be subject to the provisions of our experimental population
regulations codified at 50 CFR 17.84(i) and (n).
Outside Wyoming, 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).
Concurrent Proposed Rule
In the Proposed Rules section of today's Federal Register, we are
also publishing a proposed rule that reevaluates the listing of the
western Great Lakes population of gray wolves (Canis lupus) and
proposes to revise it to conform to current statutory and policy
requirements. The rule portions for 50 CFR 17.11(h) of this final rule
and the proposed western Great Lakes rule are different because the
final rule depicts the listing for the gray wolf as it stands today,
based on the long history of rulemaking for this species, various
judicial decisions, and the recent congressional action. The rule
portion of the western Great Lakes rule reflects the listing for the
gray wolf as we envision it should be unless public comments on the
proposed rule provide information that persuades us that the listing
should be presented differently.
Effective Date
This rule is effective upon publication in the Federal Register.
Section 1713 of Public Law 112-10, directs us to reissue, within 60
days of enactment, the final NRM rule published on April 2, 2009.
Section 1713 also expressly provides that such reissuance is not
subject to any other statute or regulation that applies to such a rule.
Administrative Procedure
This rulemaking implements section 1713 of Public Law 112-10, which
expressly provides that the reissuance of this rule is not subject to
any other provision of statute or regulation that applies to issuance
of such a rule.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, 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(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 where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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Mammals
[[Page 25592]]
* * * * * * *
Wolf, gray....................... Canis lupus......... Holarctic.......... U.S.A., conterminous E 1, 6, 13, 17.95(a) N/A
(lower 48) States, 15, 35
except: (1) Where
listed as an
experimental
population below;
(2) Minnesota; (3)
MT, ID, WY
(however, see
experimental
population
designation below),
eastern WA (that
portion of WA east
of the centerline
of Highway 97 and
Highway 17 north of
Mesa and that
portion of WA east
of the centerline
of Highway 395
south of Mesa),
eastern OR (portion
of OR east of the
centerline of
Highway 395 and
Highway 78 north of
Burns Junction and
that portion of OR
east of the
centerline of
Highway 95 south of
Burns Junction),
and north central
UT (that portion of
UT east of the
centerline of
Highway 84 and
north of Highway
80). Mexico.
Do........................... ......do............ ......do........... U.S.A. (MN)......... T 35 17.95(a) 17.40(d)
Do........................... ......do............ ......do........... U.S.A. (portions of XN 631 N/A 17.84(k)
AZ, NM, and TX--see
Sec. 17.84(k)).
Wolf, gray [Northern Rocky Canis lupus......... U.S.A. (MT, ID, WY, U.S.A. (WY--see Sec. XN 561, 562 N/A 17.84(i)
Mountain DPS]. eastern WA, 17.84(i) and (n)). 17.84(n)
eastern OR, and
north central UT).
* * * * * * *
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0
3. Amend Sec. 17.84 by:
0
a. Revising paragraphs (i)(7)(i) and (ii) and removing paragraph
(i)(7)(iii);
0
b. Revising the first sentence of paragraph (n)(1); and
0
c. Revising paragraphs (n)(9)(1) and (ii) and removing paragraph
(n)(9)(iii).
The revisions read as follows:
Sec. 17.84 Special rules--vertebrates.
* * * * *
(i) * * *
(7) * * *
(i) The nonessential experimental population area includes all of
Wyoming.
(ii) All wolves found in the wild within the boundaries of this
paragraph (i)(7) 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 take on the status for wolves in the area in which it is found
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 may 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 may be returned to captivity or killed.
* * * * *
(n) * * *
(1) The gray wolves (wolf) identified in paragraph (n)(9)(i) of
this section are a nonessential experimental population. * * *
* * * * *
(9) * * *
(i) The nonessential experimental population area includes all of
Wyoming.
(ii) All wolves found in the wild within the boundaries of this
experimental area are considered nonessential experimental animals.
* * * * *
Dated: April 26, 2011.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-10860 Filed 5-4-11; 8:45 am]
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