[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Proposed Rules]
[Pages 43489-43491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15610]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2022-0100; Cost code FF06E00000, Fund 223, WBS
FXES11130600000]
RIN 1018-BG79
Endangered and Threatened Wildlife and Plants; Establishment of a
Nonessential Experimental Population of the Gray Wolf in the State of
Colorado; Environmental Impact Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of intent, announcement of public meetings, and
request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare an environmental impact statement (EIS) pursuant to the
National Environmental Policy Act of 1969 to evaluate the potential
environmental impacts of issuing a proposed rule requested by the State
of Colorado for its reintroduction and management of the gray wolf
(Canis lupus). As part of the reintroduction and management planning
process, the State has requested that the Service designate an
experimental population under section 10(j) of the Endangered Species
Act of 1973. We are considering promulgating a section 10(j) rule to
address components of the gray wolf restoration and management plan
being developed by the State of Colorado. The proposed rule would set
forth regulations to manage reintroduced gray wolves in Colorado and
potentially adjoining States to reduce potential impacts to
stakeholders while ensuring reintroduction and management of wolves is
consistent with Federal regulations. We invite input from other Federal
and State agencies, Tribes, nongovernmental organizations, private-
sector businesses, and members of the public on the scope of the EIS,
alternatives to our proposed approaches for assisting in the
reintroduction and management of the gray wolf in Colorado, and the
pertinent issues that we should address in the EIS.
DATES:
Comment submission: To ensure consideration of written comments,
they must be received on or before August 22, 2022. Comments submitted
online at https://www.regulations.gov (see ADDRESSES) must be received
by 11:59 p.m. eastern time on the closing date.
Public meetings: We will hold public scoping open houses on August
2, 3, and 4, 2022. In addition, we will present a public webinar.
Additional information regarding these scoping sessions, including the
times, will be available on our website at https://www.fws.gov/office/colorado-ecological-services-field-office. Persons wishing to
participate in the public scoping meetings who need special
accommodations should contact Nicole Alt at (303) 236-4773 or
Colorado_wolf_10j@fws.gov by July 27, 2022.
ADDRESSES:
Comment submission: You may submit written comments by one of the
following methods. Please do not submit comments by both methods.
Online: https://www.regulations.gov. Follow the
instructions for submitting comments to Docket No. FWS-R6-ES-2022-0100.
U.S. mail: Public Comments Processing, Attn: FWS-R6-ES-
2022-0100; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041-3803.
Please note in your submission that your comments are in regard to
the Service's designation of an experimental population of gray wolves
in Colorado and/or issuance of ESA section 10 permits. We will post all
information received on https://www.regulations.gov. This generally
means that we will post any personal information you provide us (see
Availability of Comments below for more information).
Public meetings: We will hold public scoping open houses on August
2, 3, and 4 in the communities of Craig, Silverthorne, and Gunnison,
Colorado. Additional information regarding these scoping sessions,
including the venues, will be available on our website at https://www.fws.gov/office/colorado-ecological-services-field-office. Comment
forms will be provided for written comments.
In addition, we will present a public webinar. Information
regarding registration for the webinar can be found at https://www.fws.gov/office/colorado-ecological-services-field-office.
[[Page 43490]]
FOR FURTHER INFORMATION CONTACT: Nicole Alt, Colorado Ecological
Services Supervisor, by phone at 303-236-4773, or by email at
Colorado_wolf_10j@fws.gov. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Unregulated hunting and trapping and the widespread use of poisons
resulted in the eradication of gray wolves across most of the species'
historical range in the contiguous United States by the early to mid-
1900s. Subspecies or regional populations of subspecies of the gray
wolf were first listed under the Endangered Species Preservation Act of
1966 and the Endangered Species Act of 1969, predecessors of the
Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.). For a
complete regulatory history of wolves in the lower 48 United States
through 2018, please see our 2020 final delisting rule (85 FR 69778,
November 3, 2020), which went into effect on January 4, 2021. That rule
removed Federal protections for wolves in the lower 48 United States,
with the exception of the northern Rocky Mountains (NRM) wolf
populations in Idaho, Montana, Wyoming, the eastern one-third of Oregon
and Washington, and a small portion of north-central Utah, which were
already delisted. The final delisting rule was vacated by court order
on February 10, 2022 (Defenders of Wildlife v. U.S. Fish & Wildlife
Serv., No. 21-CV-00344-JSW, 2022 WL 499838 (N.D. Cal. Feb. 10, 2022)).
With that court order, gray wolves outside the delisted NRM wolf
population, including Colorado, were placed back under the protections
of the ESA. Thus, any take (which includes activities to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt
to engage in any such conduct) of wolves without a permit or other
authorization is prohibited by Federal law.
Prior to the reintroduction of wolves into the NRM in 1995 and
1996, the last known wolf in Colorado was killed in Conejos County in
1945. Since wolves were reintroduced into the NRM populations in 1995
and 1996, an increasing number of dispersing wolves have been
documented in Colorado. The first confirmed wolf in Colorado in modern
times was struck and killed by a vehicle near Idaho Springs in 2004.
Although four additional lone wolves have been confirmed in Colorado
since 2004, no resident packs were documented in the State until 2019.
In January 2020, Colorado Parks and Wildlife (CPW) field personnel
followed up on sighting reports from the public and confirmed at least
six wolves traveling together in extreme northwest Colorado. This group
was down to a single individual later that year and, at present, there
is no indication that any wolf or wolves remain in this northwest
corner of the State. Separately, in north-central Colorado, a disperser
from Wyoming was first documented during summer 2019 and paired up with
another wolf during winter 2020. This pair produced offspring in spring
2021, becoming the first documented reproductively active pack in
Colorado in recent history. By the end of 2021, this pack contained the
only known wolves in the State, comprising eight individuals. No
evidence of reproduction in this pack has been documented in 2022.
In November 2020, Proposition 114, now Colorado Revised Statute 33-
2-105.8, was approved by Colorado voters. The statute requires the CPW
Commission to develop a plan to restore and manage gray wolves and take
the steps necessary to reintroduce gray wolves west of the Continental
Divide no later than December 31, 2023. The statute also requires CPW
to assist livestock producers in preventing and resolving wolf
conflicts with livestock. Since the status of gray wolves under the ESA
is currently endangered, they are federally protected throughout the
State of Colorado. Subsequent to the adoption of Colorado Revised
Statute 33-2-105.8, CPW requested that the Service develop a rule under
section 10(j) of the ESA to provide increased management flexibility
for the species.
While reintroduction programs for species listed under the ESA
typically are spearheaded by the Federal Government, Colorado Revised
Statute 33-2-105.8 is unique in that the reintroduction and restoration
effort of a federally listed species is citizen-directed and State-led.
However, the Service has the authority to designate an experimental
population under section 10(j) of the ESA if the species will be
released into suitable natural habitat outside the species' current
range (but within its probable historic range). The Service must
determine whether experimental populations are essential or
nonessential to the continued existence of an endangered or threatened
species. A section 10(j) designated population is treated as threatened
under the ESA and provides the Service the discretion to enact
management restrictions, protective measures, or other special
management concerns of the population. In our 1994 EIS for the
reintroduction of gray wolves to Yellowstone National Park and Central
Idaho, we defined a wolf population as follows: ``A wolf population is
at least 2 breeding pairs of wild wolves successfully raising at least
2 young each year (until December 31 of the year of their birth), for 2
consecutive years in an experimental area.''
In response to the request by CPW, we are now considering a
proposed rule, consistent with section 10 of the ESA, at the request of
the State of Colorado for the reintroduction and management of gray
wolves in part of the species' historical range in Colorado. The
section 10(j) rule would address components of the gray wolf
restoration and management plan developed by the State of Colorado. The
rule would reduce potential impacts to stakeholders while ensuring that
reintroduction and management of wolves is likely to be successful and
benefit conservation of the species as a whole.
Need for Agency Action
Currently, the Service lists the gray wolf as endangered. To
facilitate reintroduction efforts, the State of Colorado requested that
the Service designate wolves in Colorado as an experimental population
under section 10(j) of the ESA. This designation would reduce the
regulatory impact of reintroducing a federally listed species in a
specific geographic area (within a proposed boundary), contributing to
the species' conservation. The EIS will evaluate the use of the section
10(j) rulemaking process or other section 10 actions to support the
State of Colorado's reintroduction.
NEPA Analysis of ESA Section 10 Actions
The National Environmental Policy Act (NEPA; 42 U.S.C. 4321-4347)
requires Federal agencies to undertake an assessment of environmental
effects of any proposed action prior to making a final decision and
implementing the decision. NEPA also established the Council on
Environmental Quality (CEQ), which issued regulations implementing the
procedural provisions of NEPA (40 CFR parts 1500-1508). The Service has
regulatory authority under the ESA to manage the conservation and
recovery of federally listed species, including creating rules and
regulations and permitting legitimate activities that
[[Page 43491]]
would otherwise be prohibited by the ESA. Development of an ESA section
10(j) rule or issuance of a section 10(a)(1)(A) permit are Federal
actions requiring review under NEPA.
Consistent with CEQ guidance for implementing NEPA, we intend to
complete an EIS to consider approaches in response to CPW's request for
regulatory tools in reintroducing and managing the endangered gray
wolf, specifically when it leads to the reintroduction of gray wolves
to Colorado. The EIS will address the potential environmental impacts
of a range of reasonable alternatives (including rules and/or permits)
under section 10 of the ESA. The potential environmental impacts
assessed in the EIS would include the effects on gray wolves from
management measures; effects on other environmental resources such as
other federally listed species and cultural and Tribal resources;
potential socioeconomic effects, including impacts on economic
activities such as tourism and agriculture; and effects on a range of
other resources identified through internal and external scoping. We
will address our compliance with other applicable authorities in our
NEPA review.
Responsibilities to Tribes
The Service has unique responsibilities to Tribes, including under
the National Historic Preservation Act (16 U.S.C. 470 et seq.); the
American Indian Religious Freedom Act (42 U.S.C. 1996); Native American
Grave Protection and Repatriation Act (25 U.S.C. 3001); Religious
Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); Joint
Secretarial Order 3403, Fulfilling the Trust Responsibility to Indian
Tribes in the Stewardship of Federal Lands and Waters (November 15,
2021); Secretarial Order 3206, American Indian Tribal Rights, Federal-
Tribal Trust Responsibilities, and the ESA (June 5, 1997); Executive
Order 13007, Indian Sacred Sites (61 FR 26771, May 29, 1996); and the
Service's Native American Policy. We apply the term ``Tribal'' or
``Tribe(s)'' generally to federally recognized Tribes and Alaska Native
Tribal entities.
The Service will separately consult with Tribes on the proposals
set forth in this document. We will also ensure that those Tribes
wishing to engage directly in the NEPA process will have the
opportunity to do so. As part of this process, we will protect the
confidential nature of any consultations and other communications we
have with Tribes, to the extent permitted by the Freedom of Information
Act and other laws.
Possible Actions
We are considering various approaches for responding to the State
of Colorado's request in its effort to reintroduce and manage gray
wolves in Colorado. These regulatory approaches would address the
Service's issuance of a new rule under section 10(j) of the ESA, and
potentially establish an assurance agreement and permit under section
10(a)(1)(A) of the ESA for an existing population, as defined above, of
gray wolves in Colorado. These approaches may be considered separately
or in any combination, and the EIS may consider the effects from each
approach and/or combined approaches.
Under the no-action alternative, the Service would not promulgate a
section 10(j) rule and not issue a section 10(a)(1)(A) permit. CPW
would reintroduce gray wolves to Colorado without a section 10(j) rule
or an assurance agreement and section 10(a)(1)(A) permit. Under this
alternative, management of gray wolves in Colorado would be subject to
section 6 of the ESA and the prohibitions under section 9 of the ESA.
Thus, the Service would not develop a rule or issue a permit that would
provide the State with additional management flexibility.
Solicitation of Comments
In accordance with NEPA, we are conducting a public scoping process
to invite input on the range of alternatives and issues to be addressed
during the preparation of the EIS. Scoping is an early and open process
for determining the scope of issues to be addressed and identifying
issues that should be considered in selecting an alternative for
implementation. To that end, during the scoping process, we are
inviting input from other interested government agencies, Native
American Tribes, the scientific community, industry, nongovernmental
organizations, members of the public, and other interested parties. We
solicit input on the following issues:
(1) The regulatory approaches we are considering for managing
reintroduced gray wolves in Colorado.
(2) Other approaches, or combinations of approaches, we should
consider with respect to managing reintroduced gray wolves, including
potential management actions in adjoining States.
(3) Specific requirements for NEPA analyses related to the proposed
action and alternative approaches.
(4) Considerations for evaluating the significance of impacts on
gray wolves and other affected resources, such as other listed or
sensitive wildlife and plant species, cultural resources, and
socioeconomic resources or activities.
(5) Information regarding other resources that may be affected by
the proposed action.
(6) Considerations for evaluating the interactions between affected
natural resources.
(7) The potential costs to comply with the actions under
consideration, including those that would be borne by the Federal
Government and private sectors.
(8) Considerations for evaluating the significance of impacts on
species, locations, or other resources of religious or cultural
significance for Tribes and impacts to cultural values from the actions
being considered.
(9) Considerations for evaluating climate change effects to gray
wolves and other affected resources.
(10) How to integrate existing guidance and plans, such as the
Colorado wolf management plan (under development), into the proposed
regulatory framework.
Availability of Comments
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may ask 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. We
will post all hardcopy submissions on https://www.regulations.gov.
All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
The authorities for this action are sections 4, 6, and 10 of the
ESA.
Anna Mu[ntilde]oz,
Acting Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-15610 Filed 7-20-22; 8:45 am]
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