Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife, 61658-61661 [2016-21368]

Download as PDF 61658 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules • Texas Trading and Transportation Services, LLC, dba TTMS Group, together with Montana Grain Growers Association (TTMS Group) • UP • USDA Testimony at the June 10, 2015 hearing was received from: • AAR • ARC • BNSF • Canadian National Railway Company (CN) • Canadian Pacific Railway Company (CP) • CSXT • Michigan Agri-Business Association 23 • Montana Department of Agriculture • NGFA • NSR • SMART–TD • Transportation Research Board of the National Academy of Sciences • TTMS Group • UP • USDA Supplemental comments were received from: • AAR • ARC (joined by the same parties that joined its opening comment) • NSR [FR Doc. 2016–21305 Filed 9–6–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2016–0042; FXES11130900000–167–FF09E42000] RIN 1018–BA41 Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period; availability of peer review and supplementary documents. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our March 11, 2016, proposed rule to revise the List of Endangered and Threatened Wildlife, under the authority of the Endangered Species Act, by removing the Greater Yellowstone Ecosystem population of grizzly bears (Ursus arctos horribilis). In our proposed rule, we emphasized that the governments of Montana, Wyoming, and Idaho needed to promulgate ehiers on DSK5VPTVN1PROD with PROPOSALS SUMMARY: 23 Written testimony only. VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 regulations managing human-caused mortality of grizzly bears before we would proceed with a final rule. Montana, Wyoming, and Idaho recently finalized such mechanisms. We are also announcing the receipt of five independent peer reviews of the proposed rule. We are reopening the comment period for the proposed rule to allow all interested parties an additional opportunity to comment on the proposed rule in light of these documents. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparing the final rule. DATES: We will consider comments received or postmarked on or before October 7, 2016. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the search box, enter the docket number for the proposed rule, which is FWS–R6–ES– 2016–0042. Then click on the Search button. On the resulting page, you may submit a comment by clicking on ‘‘Comment Now!’’ Please ensure you have found the correct document before submitting your comments. If your comments will fit in the provided comment box, please use that feature of https://www.regulations.gov, as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters or a petition), our preferred format is a spreadsheet in Microsoft Excel. (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R6–ES–2016– 0042; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments below in SUPPLEMENTARY INFORMATION for more information). Document availability: You may obtain the information and documents associated with this reopened public PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 comment period and described below in SUPPLEMENTARY INFORMATION at https:// www.regulations.gov under Docket No. FWS–R6–ES–2016–0042, from the Service’s Mountain Prairie Region Grizzly Bear Web site https:// www.fws.gov/mountain-prairie/es/ grizzlybear.php, or from the office listed in FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Wayne Kasworm, Acting Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, Grizzly Bear Recovery Office, University Hall, Room #309, University of Montana, Missoula, MT 59812; telephone 406–243–4903. For Tribal inquiries, contact Ivy Allen, Native American Liaison, U.S. Fish and Wildlife Service; telephone: 303–236– 4575. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We will accept written comments and information during this reopened comment period on the March 11, 2016, proposed rule (81 FR 13174) to remove the Greater Yellowstone Ecosystem (GYE) population of grizzly bears (Ursus arctos horribilis) from the List of Endangered and Threatened Wildlife. We specifically seek comments on the proposed rule in light of five peer reviews and recently finalized State regulatory mechanisms. The State regulations describe Wyoming, Montana, and Idaho’s approach to managing human-caused mortality should we delist the grizzly bear in the GYE. The State regulatory mechanisms include Montana’s Grizzly Bear Hunting Regulations, Chapter 67 of the Wyoming Game and Fish Commission regulations, Idaho’s Fish and Game Commission Proclamation, and the Memorandum of Agreement Regarding the Management and Allocation of Discretionary Mortality of Grizzly Bears in the Greater Yellowstone Ecosystem (Tri-State MOA). Copies of Grizzly Bear Montana Hunting Regulations, Chapter 67 of the Wyoming Game and Fish Commission regulations, Idaho’s Fish and Game Commission Proclamation, and the TriState MOA are available on the Internet at https://www.regulations.gov under Docket No. FWS–R6–ES–2016–0042 or at https://www.fws.gov/mountainprairie/es/grizzlybear.php; or upon request from the U.S. Fish and Wildlife Service, Grizzly Bear Recovery Office (see FOR FURTHER INFORMATION CONTACT). We will consider information and recommendations from all interested parties. E:\FR\FM\07SEP1.SGM 07SEP1 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules You may submit your comments and materials concerning the proposed rule by one of the methods listed in ADDRESSES. We will not accept comments sent by email or fax or to an address not listed in ADDRESSES. If you submit a comment via https:// www.regulations.gov, your entire comment—including your personal identifying information—will be posted on the Web site. If you submit a hardcopy comment that includes personal identifying information, 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. We will post all hardcopy comments on https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on https://www.regulations.gov under Docket No. FWS–R6–ES–2016–0042, or by appointment, during normal business hours, at the Grizzly Bear Recovery Office (see FOR FURTHER INFORMATION CONTACT). Background On March 11, 2016, we published a proposed rule to revise the List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations at 50 CFR 17.11(h), under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), by removing the Greater Yellowstone Ecosystem (GYE) population of grizzly bears (Ursus arctos horribilis) (81 FR 13174). In the proposed rule, we explained that State regulations addressing human-caused grizzly bear mortality in Montana, Wyoming, and Idaho must include five elements to maintain a recovered population of grizzly bears in the GYE: 1. Suspension of all discretionary mortality inside the Demographic Monitoring Area (DMA), except if required for human safety, if the modelaveraged Chao2 population estimate falls below 600. 61659 2. Suspension of grizzly bear hunting inside the DMA if total mortality limits for any sex/age class (as per tables 1, 2, and 3 in the proposed rule) are met at any time during the year (the mortality limits in these tables are reiterated in table 1 in this document, below). 3. Prohibition of recreational harvest of female grizzly bears with young. 4. In a given year, allowance of discretionary mortality only if nondiscretionary mortality (e.g., mortality from illegal kills, mortality from self-defense, calculated unknown/ unreported mortalities, natural mortalities, and mortality from other causes such as vehicle collisions) does not meet or exceed total mortality limits for that year. 5. Provisions to ensure that any mortality that exceeds total mortality limits in any year will be subtracted from that age/sex class total mortality limit for the following year to ensure that long-term mortality levels remain within prescribed limits inside the DMA. TABLE 1 1—TOTAL MORTALITY 2 LIMITS FOR GRIZZLY BEARS INSIDE THE DEMOGRAPHIC MONITORING AREA [These mortality rates were calculated as those limits necessary to manage toward the long-term average population size that occurred from 2002 to 2014 using the model-averaged Chao2 population estimate method (674, 95% CI = 600–747). If the population estimate is fewer than 674, the total mortality rate for independent females and dependent young must be less than 7.6 percent. If population size is estimated at fewer than 600 in any year, no discretionary mortality will occur unless necessary for human safety.3] Total grizzly bear population estimate ≤674 Mortality limit % for independent FEMALES (≥2 years) (using model-averaged Chao2 method) ......... Mortality limit % for independent MALES (≥2 years) (using model-averaged Chao2 method) .............. Mortality limit % for DEPENDENT YOUNG (using model-averaged Chao2 method) ............................ ≤7.6% 15% ≤7.6% 675–747 9% 20% 9% >747 10% 22% 10% 1 Similar to table 1 in proposed rule (81 FR 13174, March 11. 2016). mortality: Documented known and probable grizzly bear mortalities from all causes including but not limited to: Management removals, illegal kills, mistaken-identity kills, self-defense kills, vehicle kills, natural mortalities, undetermined-cause mortalities, grizzly bear hunting, and a statistical estimate of the number of unknown/unreported mortalities. 3 The phrasing in the table header in the proposed rule erroneously noted that there would be no discretionary mortality at population levels fewer than or equal to 600 bears, as opposed to population levels fewer than 600 bears. We changed the phrasing here to match the phrasing in the rest of the proposed rule, the revised recovery criteria, and the draft conservation strategy. ehiers on DSK5VPTVN1PROD with PROPOSALS 2 Total We noted that regulatory mechanisms containing these provisions must be in place in each State for delisting to occur because the adequacy or inadequacy of those regulatory mechanisms help inform us whether a species, once delisted, will remain recovered. The ESA requires the Service to consider existing regulatory mechanisms when making listing determinations. Montana, Wyoming, and Idaho recently finalized such regulatory mechanisms governing potential hunting seasons for grizzly bear. These three States also approved the Tri-State MOA, which outlines their coordinated plans for grizzly bear management and allocates discretionary mortality of grizzly bears in the GYE between the three States. The three States approved the Tri-State MOA on the following VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 dates: Wyoming, on May 11, 2016; Montana, on July 13, 2016; and Idaho, on August 8, 2016. Highlights of Recently Released State Grizzly Bear Management Regulations Montana, Wyoming, and Idaho each used a different regulatory method, appropriate to their respective legal processes, to enact their State rules governing human-caused grizzly bear mortality. Montana’s Fish and Wildlife Commission adopted hunting regulations that outline the structure of a possible future grizzly bear hunting season on July 13, 2016 (Montana Fish and Wildlife Commission, 2016). Montana’s Fish and Wildlife Commission also approved the Tri-State MOA (Wyoming Game and Fish Commission, Montana Fish and Wildlife PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Commission, & Idaho Fish and Game Commission, 2016). Before adopting these regulations and the MOA, Montana released the drafts of these documents for public comment and review. The Montana Fish and Wildlife Commission adopted the hunting regulations and the MOA in the same manner that it adopts other regulations, with public notice and comment. In the Service Assessment below, we assume the MOA and hunting regulations are regulatory in nature. On July 8, 2016, the Wyoming Game and Fish Commission approved a regulatory framework that ‘‘provides for the management of grizzly bears in Wyoming to ensure a recovered population’’ (Wyoming Game and Fish Commission, 2016). The Wyoming Game and Fish Commission invited the E:\FR\FM\07SEP1.SGM 07SEP1 61660 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules public to participate in the process of developing these regulations with a public comment period. Once the Governor of Wyoming approves and signs these regulations, they will be incorporated into Chapter 67 of the Wyoming Game and Fish Commission’s regulations. In the Service Assessment, set forth below, we anticipate that, prior to publication of our final rule, the Governor of Wyoming will sign the version of the regulations that was approved by the Wyoming Game and Fish Commission. Idaho’s Fish and Game Commission issued a proclamation relating to the limit of the take of grizzly bears in the GYE on August 8, 2016 (Idaho Fish and Game Commission, 2016). Idaho Code Section 36–105 authorizes the Idaho Fish and Game Commission to use proclamations, which ‘‘have full force and effect as law,’’ as a means of ‘‘setting any season or limit on numbers, size, sex or species of wildlife classified by the commission as game animals.’’ Since grizzly bears are classified as game animals in Idaho Administrative Code 13.01.06.100.01e, the Idaho Fish and Game Commission may use a proclamation to establish binding limits on the take of grizzly bears (Idaho Administrative Code 13.01.06.100.01e). Table 2 cross-references the aforementioned requirements in the proposed rule with the content of each State’s regulations. The full text of the State regulations and the Tri-State MOA can be found on the Internet at https:// www.regulations.gov under Docket No. FWS–R6–ES–2016–0042 or https:// www.fws.gov/mountain-prairie/es/ grizzlybear.php; or upon request from the Grizzly Bear Recovery Office (see FOR FURTHER INFORMATION CONTACT). TABLE 2—CROSS-REFERENCE BETWEEN THE REGULATORY REQUIREMENTS IN THE PROPOSED RULE TO REMOVE THE GREATER YELLOWSTONE ECOSYSTEM POPULATION OF GRIZZLY BEARS FROM LISTING UNDER THE ENDANGERED SPECIES ACT (81 FR 13174; MARCH 11, 2016) AND THE STATE GRIZZLY BEAR REGULATORY MECHANISMS Montana (Tri-state memorandum of agreement (MOA) and Grizzly Bear hunting regulations) Required element described in the proposed rule Requirement 1: Suspension of all discretionary mortality inside the Demographic Monitoring Area (DMA), except if required for human safety, if the model-averaged Chao2 population estimate falls below 600. Requirement 2: Suspension of grizzly bear hunting inside the DMA if total mortality limits for any sex/age class (as per tables 1, 2, and 3 in the proposed rule) are met at any time during the year (these mortality limits are reiterated in table 1 in this document). Requirement 3: Prohibition of recreational harvest of female grizzly bears with young. Requirement 4: In a given year, allowance of discretionary mortality only if non-discretionary mortality (e.g., mortality from illegal kills, self-defense, calculated unknown/unreported mortalities, natural mortalities, and other causes such as vehicle collisions) does not meet or exceed total mortality limits for that year. Requirement 5: Provisions to ensure that any mortality that exceeds total mortality limits in any year will be subtracted from that age/sex class total mortality limit for the following year to ensure that long-term mortality levels remain within prescribed limits inside the DMA. ehiers on DSK5VPTVN1PROD with PROPOSALS Service Assessment The Service has reviewed the recently finalized State regulations governing the management of grizzly bears in the GYE and the regulation of human-caused mortality (including the Tri-State MOA, Montana’s Grizzly Bear Hunting Regulations, Chapter 67 of Wyoming’s Game and Fish Commission regulations, and Idaho’s Fish and Game Commission Proclamation). Our preliminary assessment is that these documents are consistent with the letter or intent of the regulatory requirements regarding human-caused mortality that we outlined in the proposed rule. Thus, VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 Wyoming (Chapter 67 of WY Game and Fish Commission regulations) Tri-State MOA: section IV(2)(a)(i), section IV(2)(c)(i), section IV(4)(a), and section IV(6). Tri-State MOA: section IV(2)(c), section IV(4)(a), and section IV(6). Section 4(c) ....................... Section 2. Section 4(d) ....................... Section 3 and section 5. Tri-State MOA: section IV(4)(b); Grizzly Bear Hunting Regulations, pp. 4 and 7. Tri-State MOA: section IV(2)(c), section IV(4)(a), and section IV(6). Section 4(e) ....................... Section 4. Section 4(d) and section 4(k). Section 5. Tri-State MOA: section IV(2)(c). Section 4(g), section 4(k), and section 4(l). Section 6. based on our review, we believe the regulatory framework in Montana, Wyoming, and Idaho, in combination with the Tri-State MOA, will maintain a recovered population of grizzly bears in the GYE. We are accepting public comments on these State regulations and our preliminary assessment that they provide adequate regulatory mechanisms such that we can conclude that the population no longer meets the definition of threatened under the Endangered Species Act. PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 Idaho (ID Fish and Game Commission proclamation) Peer Review and Public Comments In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 (59 FR 34270), we subjected the proposed delisting rule to peer review. We received submissions from five independent peer reviewers, and their input is available as described under ADDRESSES. These peer reviews were conducted by third-party selected scientific experts in large carnivore ecology and management with expertise in one or more of the following areas: population ecology, management, demographics, conservation, and population genetics. E:\FR\FM\07SEP1.SGM 07SEP1 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules ehiers on DSK5VPTVN1PROD with PROPOSALS We welcome any comments on the proposed rule in light of these reviews (see compiled reviews in Amec Foster Wheeler, 2016). Previously received public comments, and the data and information they provided, can be found at https://www.regulations.gov under Docket No. FWS–R6–ES–2016–0042. VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 References Cited A complete list of references cited is available: on the Internet at https:// www.regulations.gov under Docket No. FWS–R6–ES–2016–0042; from the Service’s Mountain Prairie Region Grizzly Bear Web site https:// www.fws.gov/mountain-prairie/es/ grizzlybear.php; or upon request from the Grizzly Bear Recovery Office (see FOR FURTHER INFORMATION CONTACT). PO 00000 Frm 00034 Fmt 4702 Sfmt 9990 61661 Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: August 16, 2016. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016–21368 Filed 9–6–16; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\07SEP1.SGM 07SEP1

Agencies

[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Proposed Rules]
[Pages 61658-61661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21368]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2016-0042; FXES11130900000-167-FF09E42000]
RIN 1018-BA41

Endangered and Threatened Wildlife and Plants; Removing the
Greater Yellowstone Ecosystem Population of Grizzly Bears From the
Federal List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period; availability of
peer review and supplementary documents.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on our March 11, 2016, proposed
rule to revise the List of Endangered and Threatened Wildlife, under
the authority of the Endangered Species Act, by removing the Greater
Yellowstone Ecosystem population of grizzly bears (Ursus arctos
horribilis). In our proposed rule, we emphasized that the governments
of Montana, Wyoming, and Idaho needed to promulgate regulations
managing human-caused mortality of grizzly bears before we would
proceed with a final rule. Montana, Wyoming, and Idaho recently
finalized such mechanisms. We are also announcing the receipt of five
independent peer reviews of the proposed rule. We are reopening the
comment period for the proposed rule to allow all interested parties an
additional opportunity to comment on the proposed rule in light of
these documents. If you submitted comments previously, you do not need
to resubmit them because we have already incorporated them into the
public record and will fully consider them in preparing the final rule.

DATES: We will consider comments received or postmarked on or before
October 7, 2016. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date.

ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the search box, enter the docket number for the
proposed rule, which is FWS-R6-ES-2016-0042. Then click on the Search
button. On the resulting page, you may submit a comment by clicking on
``Comment Now!'' Please ensure you have found the correct document
before submitting your comments. If your comments will fit in the
provided comment box, please use that feature of https://www.regulations.gov, as it is most compatible with our comment review
procedures. If you attach your comments as a separate document, our
preferred file format is Microsoft Word. If you attach multiple
comments (such as form letters or a petition), our preferred format is
a spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R6-ES-2016-0042; Division of Policy,
Performance, and Management Programs; U.S. Fish and Wildlife Service;
MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments below in SUPPLEMENTARY INFORMATION for more
information).
Document availability: You may obtain the information and documents
associated with this reopened public comment period and described below
in SUPPLEMENTARY INFORMATION at https://www.regulations.gov under Docket
No. FWS-R6-ES-2016-0042, from the Service's Mountain Prairie Region
Grizzly Bear Web site https://www.fws.gov/mountain-prairie/es/grizzlybear.php, or from the office listed in FOR FURTHER INFORMATION
CONTACT.

FOR FURTHER INFORMATION CONTACT: Wayne Kasworm, Acting Grizzly Bear
Recovery Coordinator, U.S. Fish and Wildlife Service, Grizzly Bear
Recovery Office, University Hall, Room #309, University of Montana,
Missoula, MT 59812; telephone 406-243-4903. For Tribal inquiries,
contact Ivy Allen, Native American Liaison, U.S. Fish and Wildlife
Service; telephone: 303-236-4575. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

We will accept written comments and information during this
reopened comment period on the March 11, 2016, proposed rule (81 FR
13174) to remove the Greater Yellowstone Ecosystem (GYE) population of
grizzly bears (Ursus arctos horribilis) from the List of Endangered and
Threatened Wildlife. We specifically seek comments on the proposed rule
in light of five peer reviews and recently finalized State regulatory
mechanisms. The State regulations describe Wyoming, Montana, and
Idaho's approach to managing human-caused mortality should we delist
the grizzly bear in the GYE. The State regulatory mechanisms include
Montana's Grizzly Bear Hunting Regulations, Chapter 67 of the Wyoming
Game and Fish Commission regulations, Idaho's Fish and Game Commission
Proclamation, and the Memorandum of Agreement Regarding the Management
and Allocation of Discretionary Mortality of Grizzly Bears in the
Greater Yellowstone Ecosystem (Tri-State MOA). Copies of Grizzly Bear
Montana Hunting Regulations, Chapter 67 of the Wyoming Game and Fish
Commission regulations, Idaho's Fish and Game Commission Proclamation,
and the Tri-State MOA are available on the Internet at https://www.regulations.gov under Docket No. FWS-R6-ES-2016-0042 or at https://www.fws.gov/mountain-prairie/es/grizzlybear.php; or upon request from
the U.S. Fish and Wildlife Service, Grizzly Bear Recovery Office (see
FOR FURTHER INFORMATION CONTACT). We will consider information and
recommendations from all interested parties.

[[Page 61659]]

You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments sent by email or fax or to an address not listed in ADDRESSES.
If you submit a comment via https://www.regulations.gov, your entire
comment--including your personal identifying information--will be
posted on the Web site. If you submit a hardcopy comment that includes
personal identifying information, 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. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection on https://www.regulations.gov under Docket No.
FWS-R6-ES-2016-0042, or by appointment, during normal business hours,
at the Grizzly Bear Recovery Office (see FOR FURTHER INFORMATION
CONTACT).

Background

On March 11, 2016, we published a proposed rule to revise the List
of Endangered and Threatened Wildlife in title 50 of the Code of
Federal Regulations at 50 CFR 17.11(h), under the authority of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), by
removing the Greater Yellowstone Ecosystem (GYE) population of grizzly
bears (Ursus arctos horribilis) (81 FR 13174). In the proposed rule, we
explained that State regulations addressing human-caused grizzly bear
mortality in Montana, Wyoming, and Idaho must include five elements to
maintain a recovered population of grizzly bears in the GYE:
1. Suspension of all discretionary mortality inside the Demographic
Monitoring Area (DMA), except if required for human safety, if the
model-averaged Chao2 population estimate falls below 600.
2. Suspension of grizzly bear hunting inside the DMA if total
mortality limits for any sex/age class (as per tables 1, 2, and 3 in
the proposed rule) are met at any time during the year (the mortality
limits in these tables are reiterated in table 1 in this document,
below).
3. Prohibition of recreational harvest of female grizzly bears with
young.
4. In a given year, allowance of discretionary mortality only if
nondiscretionary mortality (e.g., mortality from illegal kills,
mortality from self-defense, calculated unknown/unreported mortalities,
natural mortalities, and mortality from other causes such as vehicle
collisions) does not meet or exceed total mortality limits for that
year.
5. Provisions to ensure that any mortality that exceeds total
mortality limits in any year will be subtracted from that age/sex class
total mortality limit for the following year to ensure that long-term
mortality levels remain within prescribed limits inside the DMA.

Table 1 \1\--Total Mortality \2\ Limits for Grizzly Bears Inside the
Demographic Monitoring Area
[These mortality rates were calculated as those limits necessary to
manage toward the long-term average population size that occurred from
2002 to 2014 using the model-averaged Chao2 population estimate method
(674, 95% CI = 600-747). If the population estimate is fewer than 674,
the total mortality rate for independent females and dependent young
must be less than 7.6 percent. If population size is estimated at fewer
than 600 in any year, no discretionary mortality will occur unless
necessary for human safety.\3\]
------------------------------------------------------------------------
Total grizzly bear population
estimate
--------------------------------------
<=674 675-747 >747
------------------------------------------------------------------------
Mortality limit % for independent <=7.6% 9% 10%
FEMALES (>=2 years) (using model-
averaged Chao2 method)..........
Mortality limit % for independent 15% 20% 22%
MALES (>=2 years) (using model-
averaged Chao2 method)..........
Mortality limit % for DEPENDENT <=7.6% 9% 10%
YOUNG (using model-averaged
Chao2 method)...................
------------------------------------------------------------------------
\1\ Similar to table 1 in proposed rule (81 FR 13174, March 11. 2016).
\2\ Total mortality: Documented known and probable grizzly bear
mortalities from all causes including but not limited to: Management
removals, illegal kills, mistaken-identity kills, self-defense kills,
vehicle kills, natural mortalities, undetermined-cause mortalities,
grizzly bear hunting, and a statistical estimate of the number of
unknown/unreported mortalities.
\3\ The phrasing in the table header in the proposed rule erroneously
noted that there would be no discretionary mortality at population
levels fewer than or equal to 600 bears, as opposed to population
levels fewer than 600 bears. We changed the phrasing here to match the
phrasing in the rest of the proposed rule, the revised recovery
criteria, and the draft conservation strategy.

We noted that regulatory mechanisms containing these provisions
must be in place in each State for delisting to occur because the
adequacy or inadequacy of those regulatory mechanisms help inform us
whether a species, once delisted, will remain recovered. The ESA
requires the Service to consider existing regulatory mechanisms when
making listing determinations.
Montana, Wyoming, and Idaho recently finalized such regulatory
mechanisms governing potential hunting seasons for grizzly bear. These
three States also approved the Tri-State MOA, which outlines their
coordinated plans for grizzly bear management and allocates
discretionary mortality of grizzly bears in the GYE between the three
States. The three States approved the Tri-State MOA on the following
dates: Wyoming, on May 11, 2016; Montana, on July 13, 2016; and Idaho,
on August 8, 2016.

Highlights of Recently Released State Grizzly Bear Management
Regulations

Montana, Wyoming, and Idaho each used a different regulatory
method, appropriate to their respective legal processes, to enact their
State rules governing human-caused grizzly bear mortality. Montana's
Fish and Wildlife Commission adopted hunting regulations that outline
the structure of a possible future grizzly bear hunting season on July
13, 2016 (Montana Fish and Wildlife Commission, 2016). Montana's Fish
and Wildlife Commission also approved the Tri-State MOA (Wyoming Game
and Fish Commission, Montana Fish and Wildlife Commission, & Idaho Fish
and Game Commission, 2016). Before adopting these regulations and the
MOA, Montana released the drafts of these documents for public comment
and review. The Montana Fish and Wildlife Commission adopted the
hunting regulations and the MOA in the same manner that it adopts other
regulations, with public notice and comment. In the Service Assessment
below, we assume the MOA and hunting regulations are regulatory in
nature.
On July 8, 2016, the Wyoming Game and Fish Commission approved a
regulatory framework that ``provides for the management of grizzly
bears in Wyoming to ensure a recovered population'' (Wyoming Game and
Fish Commission, 2016). The Wyoming Game and Fish Commission invited
the

[[Page 61660]]

public to participate in the process of developing these regulations
with a public comment period. Once the Governor of Wyoming approves and
signs these regulations, they will be incorporated into Chapter 67 of
the Wyoming Game and Fish Commission's regulations. In the Service
Assessment, set forth below, we anticipate that, prior to publication
of our final rule, the Governor of Wyoming will sign the version of the
regulations that was approved by the Wyoming Game and Fish Commission.
Idaho's Fish and Game Commission issued a proclamation relating to
the limit of the take of grizzly bears in the GYE on August 8, 2016
(Idaho Fish and Game Commission, 2016). Idaho Code Section 36-105
authorizes the Idaho Fish and Game Commission to use proclamations,
which ``have full force and effect as law,'' as a means of ``setting
any season or limit on numbers, size, sex or species of wildlife
classified by the commission as game animals.'' Since grizzly bears are
classified as game animals in Idaho Administrative Code
13.01.06.100.01e, the Idaho Fish and Game Commission may use a
proclamation to establish binding limits on the take of grizzly bears
(Idaho Administrative Code 13.01.06.100.01e).
Table 2 cross-references the aforementioned requirements in the
proposed rule with the content of each State's regulations. The full
text of the State regulations and the Tri-State MOA can be found on the
Internet at https://www.regulations.gov under Docket No. FWS-R6-ES-2016-
0042 or https://www.fws.gov/mountain-prairie/es/grizzlybear.php; or
upon request from the Grizzly Bear Recovery Office (see FOR FURTHER
INFORMATION CONTACT).

Table 2--Cross-Reference Between the Regulatory Requirements in the Proposed Rule To Remove the Greater
Yellowstone Ecosystem Population of Grizzly Bears From Listing Under the Endangered Species Act (81 FR 13174;
March 11, 2016) and the State Grizzly Bear Regulatory Mechanisms
----------------------------------------------------------------------------------------------------------------
Montana (Tri-state
Required element described in the memorandum of agreement Wyoming (Chapter 67 of Idaho (ID Fish and Game
proposed rule (MOA) and Grizzly Bear WY Game and Fish Commission
hunting regulations) Commission regulations) proclamation)
----------------------------------------------------------------------------------------------------------------
Requirement 1: Suspension of all Tri-State MOA: section Section 4(c)........... Section 2.
discretionary mortality inside the IV(2)(a)(i), section
Demographic Monitoring Area (DMA), IV(2)(c)(i), section
except if required for human safety, IV(4)(a), and section
if the model-averaged Chao2 IV(6).
population estimate falls below 600.
Requirement 2: Suspension of grizzly Tri-State MOA: section Section 4(d)........... Section 3 and section
bear hunting inside the DMA if total IV(2)(c), section 5.
mortality limits for any sex/age IV(4)(a), and section
class (as per tables 1, 2, and 3 in IV(6).
the proposed rule) are met at any
time during the year (these
mortality limits are reiterated in
table 1 in this document).
Requirement 3: Prohibition of Tri-State MOA: section Section 4(e)........... Section 4.
recreational harvest of female IV(4)(b); Grizzly Bear
grizzly bears with young. Hunting Regulations,
pp. 4 and 7.
Requirement 4: In a given year, Tri-State MOA: section Section 4(d) and Section 5.
allowance of discretionary mortality IV(2)(c), section section 4(k).
only if non-discretionary mortality IV(4)(a), and section
(e.g., mortality from illegal kills, IV(6).
self-defense, calculated unknown/
unreported mortalities, natural
mortalities, and other causes such
as vehicle collisions) does not meet
or exceed total mortality limits for
that year.
Requirement 5: Provisions to ensure Tri-State MOA: section Section 4(g), section Section 6.
that any mortality that exceeds IV(2)(c). 4(k), and section 4(l).
total mortality limits in any year
will be subtracted from that age/sex
class total mortality limit for the
following year to ensure that long-
term mortality levels remain within
prescribed limits inside the DMA.
----------------------------------------------------------------------------------------------------------------

Service Assessment

The Service has reviewed the recently finalized State regulations
governing the management of grizzly bears in the GYE and the regulation
of human-caused mortality (including the Tri-State MOA, Montana's
Grizzly Bear Hunting Regulations, Chapter 67 of Wyoming's Game and Fish
Commission regulations, and Idaho's Fish and Game Commission
Proclamation). Our preliminary assessment is that these documents are
consistent with the letter or intent of the regulatory requirements
regarding human-caused mortality that we outlined in the proposed rule.
Thus, based on our review, we believe the regulatory framework in
Montana, Wyoming, and Idaho, in combination with the Tri-State MOA,
will maintain a recovered population of grizzly bears in the GYE. We
are accepting public comments on these State regulations and our
preliminary assessment that they provide adequate regulatory mechanisms
such that we can conclude that the population no longer meets the
definition of threatened under the Endangered Species Act.

Peer Review and Public Comments

In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we subjected the
proposed delisting rule to peer review. We received submissions from
five independent peer reviewers, and their input is available as
described under ADDRESSES. These peer reviews were conducted by third-
party selected scientific experts in large carnivore ecology and
management with expertise in one or more of the following areas:
population ecology, management, demographics, conservation, and
population genetics.

[[Page 61661]]

We welcome any comments on the proposed rule in light of these reviews
(see compiled reviews in Amec Foster Wheeler, 2016). Previously
received public comments, and the data and information they provided,
can be found at https://www.regulations.gov under Docket No. FWS-R6-ES-
2016-0042.

References Cited

A complete list of references cited is available: on the Internet
at https://www.regulations.gov under Docket No. FWS-R6-ES-2016-0042;
from the Service's Mountain Prairie Region Grizzly Bear Web site
https://www.fws.gov/mountain-prairie/es/grizzlybear.php; or upon
request from the Grizzly Bear Recovery Office (see FOR FURTHER
INFORMATION CONTACT).

Authority

The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).

Dated: August 16, 2016.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-21368 Filed 9-6-16; 8:45 am]
BILLING CODE 4333-15-P

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