[Federal Register: February 27, 2008 (Volume 73, Number 39)] [Rules and Regulations] [Page 10513-10560] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27fe08-10] [[Page 10513]] ----------------------------------------------------------------------- Part II Department of the Interior ----------------------------------------------------------------------- Fish and Wildlife Service ----------------------------------------------------------------------- 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Rule Designating the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and Removing This Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife; Final Rule [[Page 10514]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R6-ES-2008-008; 92220-1113-0000; ABC Code: C6] RIN 1018-AU53 Endangered and Threatened Wildlife and Plants; Final Rule Designating the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and Removing This Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service, we or us), hereby establishes a distinct population segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky Mountains (NRM) of the United States (U.S.) and removes this DPS from the List of Endangered and Threatened Wildlife. The NRM gray wolf DPS encompasses the eastern one-third of Washington and Oregon, a small part of north-central Utah, and all of Montana, Idaho, and Wyoming. Based on the best scientific and commercial data available, the NRM DPS is no longer an endangered or threatened species pursuant to the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The NRM DPS has exceeded its biological recovery goals, and all threats in the foreseeable future have been sufficiently reduced or eliminated. The States of Idaho (2002) and Montana (2003) adopted State laws and management plans that meet the requirements of the Act and will conserve a recovered wolf population into the foreseeable future. In 2007, following a change in State law, Wyoming drafted and approved a revised wolf management plan (Wyoming 2007). We have determined that this plan meets the requirements of the Act as providing adequate regulatory protections to conserve Wyoming's portion of a recovered wolf population into the foreseeable future. Our determination is conditional upon the 2007 Wyoming wolf management law (W.S. 11-6-302 et seq. and 23-1-101, et seq. in House Bill 0213) being fully in effect and the wolf management plan being legally authorized by Wyoming statutes. If the law is not in effect (discussed in more detail below) within 20 days from the date of this publication, we will withdraw this final rule and replace it with an alternate final rule that removes the Act's protections throughout all of the DPS, except the significant portion of the gray wolf's range in northwestern Wyoming outside the National Parks. DATES: This rule becomes effective March 28, 2008. ADDRESSES: This final rule is available on the Internet at http:// www.regulations.gov. Comments and materials received, as well as supporting documentation used in preparation of this final rule, are available for inspection, by appointment, during normal business hours, at our Montana office, 585 Shepard Way, Helena, Montana 59601. Call (406) 449-5225, extension 204 to make arrangements. FOR FURTHER INFORMATION 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 Service at 1-800-877-8337 for TTY assistance. SUPPLEMENTARY INFORMATION: Background Gray wolves are the largest wild members of the dog family (Canidae). Adult gray wolves range from 18-80 kilograms (kg) (40-175 pounds (lb)) depending upon sex and region (Mech 1974, p. 1). In the NRM, adult male gray wolves average over 45 kg (100 lb), but may weigh up to 60 kg (130 lb). Females weigh slightly less than males. Wolves' fur color is frequently a grizzled gray, but it can vary from pure white to coal black (Gipson et al. 2002, p. 821). Gray wolves have a circumpolar range including North America, Europe, and Asia. As Europeans began settling the U.S., they poisoned, trapped, and shot wolves, causing this once widespread species to be eradicated from most of its range in the 48 conterminous States (Mech 1970, pp. 31-34; McIntyre 1995). Gray wolf populations were eliminated from Montana, Idaho, and Wyoming, as well as adjacent southwestern Canada by the 1930s (Young and Goldman 1944, p. 414). Wolves primarily prey on medium and large mammals. Wolves normally live in packs of 2 to 12 animals. In the NRM, pack sizes average about 10 wolves in protected areas, but a few complex packs have been substantially bigger in some areas of Yellowstone National Park (YNP) (Smith et al. 2006, p. 243; Service et al. 2007, Tables 1-3). Packs typically occupy large distinct territories from 518 to 1,295 square kilometers (km\2\) (200 to 500 square miles (mi\2\)) and defend these areas from other wolves or packs. Once a given area is occupied by resident wolf packs, it becomes saturated and wolf numbers become regulated by the amount of available prey, intra-species conflict, other forms of mortality, and dispersal. Dispersing wolves may cover large areas (See Defining the Boundaries of the NRM DPS) as they try to join other packs or attempt to form their own pack in unoccupied habitat (Mech and Boitani 2003, p. 11-17). Typically, only the top-ranking (``alpha'') male and female in each pack breed and produce pups (Packard 2003, p. 38; Smith et al. 2006, pp. 243-4; Service et al. 2007, Tables 1-3). Females and males typically begin breeding as 2-year-olds and may annually produce young until they are over 10 years old. Litters are typically born in April and range from 1 to 11 pups, but average around 5 pups (Service et al. 1989-2007, Tables 1-3). Most years, four of these five pups survive until winter (Service et al. 1989-2007, Tables 1-3). Wolves can live 13 years (Holyan et al. 2005, p. 446), but the average lifespan in the NRM is less than 4 years (Smith et al. 2006, p. 245). Pup production and survival can increase when wolf density is lower and food availability per wolf increases (Fuller et al. 2003, p. 186). Pack social structure is very adaptable and resilient. Breeding members can be quickly replaced either from within or outside the pack and pups can be reared by another pack member should their parents die (Packard 2003, p. 38; Brainerd et al. 2008; Mech 2006, p. 1482). Consequently, wolf populations can rapidly recover from severe disruptions, such as very high levels of human-caused mortality or disease. After severe declines, wolf populations can more than double in just 2 years if mortality is reduced; increases of nearly 100 percent per year have been documented in low-density suitable habitat (Fuller et al. 2003, pp. 181-183; Service et al. 2007, Table 4). For detailed information on the biology of this species see the ``Biology and Ecology of Gray Wolves'' section of the April 1, 2003, final rule to reclassify and remove the gray wolf from the list of endangered and threatened wildlife in portions of the conterminous U.S. (2003 Reclassification Rule) (68 FR 15804). Previous Federal Actions In 1974, four subspecies of gray wolf were listed as endangered, including the NRM gray wolf (Canis lupus irremotus), the eastern timber wolf (C.l. lycaon) in [[Page 10515]] the northern Great Lakes region, the Mexican wolf (C.l. baileyi) in Mexico and the southwestern U.S., and the Texas gray wolf (C.l. monstrabilis) of Texas and Mexico (39 FR 1171, January 4, 1974). In 1978, we published a rule (43 FR 9607, March 9, 1978) relisting the gray wolf as endangered at the species level (C. lupus) throughout the conterminous 48 States and Mexico, except for Minnesota, where the gray wolf was reclassified to threatened. At that time, critical habitat was designated in Minnesota and Isle Royale, Michigan. On February 8, 2007, we established a Western Great Lakes (WGL) DPS and removed it from the List of Endangered and Threatened Wildlife (72 FR 6052). On November 22, 1994, we designated portions of Idaho, Montana, and Wyoming as two nonessential experimental population areas for the gray wolf under section 10(j) of the Act including the Yellowstone Experimental Population Area (59 FR 60252, November 22, 1994) and the Central Idaho Experimental Population Area (59 FR 60266, November 22, 1994). These designations, which are found at 50 CFR 17.40(i), assisted us in initiating gray wolf reintroduction projects in central Idaho and in the Greater Yellowstone Area (GYA). In 2005 and 2008, we revised these regulations to provide increased management flexibility for this recovered wolf population in States with Service-approved post- delisting wolf management plans (70 FR 1286, January 6, 2005; 73 FR 4270, January 28, 2008). The revisions are at 50 CFR 17.84(n). The NRM wolf population is a metapopulation comprised of three core recovery areas. It has a range (wolf breeding pairs, wolf packs, and routine dispersing wolves) that encompasses all of Idaho, most of Montana and Wyoming, and parts of adjacent States (Service 2005, p. 1- 2). It achieved its numerical and distributional recovery goals at the end of 2000 (Service et al. 2007, Table 4). The temporal portion of the recovery goal was achieved in 2002 when the numerical and distributional recovery goals were exceeded for the third successive year (Service et al. 2007, Table 4). To meet the Act's requirements, Idaho, Montana, and Wyoming needed to develop post-delisting wolf management plans to ensure that adequate regulatory mechanisms would exist should the Act's protections be removed. In 2004, the Service determined that Montana and Idaho's laws and wolf management plans were adequate to assure that their shares of the NRM wolf population would be maintained above recovery levels (see Recovery section). However, we determined the 2003 Wyoming legislation and wolf management plan (Wyoming 2003) were not adequate to assume that Wyoming's portion of the NRM wolf population would be maintained above recovery levels (Williams 2004). Wyoming challenged this determination, but the Federal District Court in Wyoming dismissed the case (360 F. Supp 2nd 1214, D. Wyoming 2005). Wyoming appealed that decision, and on April 3, 2006, the Tenth Circuit Court of Appeals upheld the district court decision (442 F. 3rd 1262). On July 19, 2005, we received a petition from the Office of the Governor, State of Wyoming and the Wyoming Game and Fish Commission (WGFC) to revise the listing status for the gray wolf by establishing a NRM DPS and to remove it from the Federal List of Endangered and Threatened Wildlife (Freudenthal 2005). On August 1, 2006, we announced a 12-month finding that the petitioned action (delisting in all of Montana, Idaho, and Wyoming) was not warranted because the 2003 Wyoming State law and wolf management plan did not provide the necessary regulatory mechanisms to ensure that Wyoming's numerical and distributional share of a recovered NRM wolf population would be conserved (71 FR 43410). Wyoming challenged this finding in Federal District Court (State of Wyoming, et al. v. USDOI, CA No. 06CV0245J). Wyoming has indicated that they will deem the claims in the pending litigation settled and will request that the court dismiss the litigation upon publication of this final rule by February 28, 2008 (Freudenthal 2007b). On February 8, 2007, we proposed to designate the NRM DPS of the gray wolf and to delist all or most portions of the NRM DPS (72 FR 6106). Specifically, we proposed to delist wolves in Montana, Idaho, and Wyoming, and parts of Washington, Oregon, and Utah. The proposal noted that the area in northwestern Wyoming outside the National Parks (i.e., YNP, Grand Teton National Park, and John D. Rockefeller Memorial Parkway) would only be delisted in the final rule if adequate State regulatory mechanisms were developed. On July 6, 2007, the Service extended the comment period in order to consider a 2007 revised Wyoming wolf management plan and State law that we believed, if implemented, could allow the wolves in northwestern Wyoming to be removed from the List of Endangered and Threatened Wildlife (72 FR 36939). On November 16, 2007, the WGFC unanimously approved the 2007 Wyoming Plan (Cleveland 2007, p. 1). We then determined this plan provides adequate regulatory protections to conserve Wyoming's portion of a recovered wolf population into the foreseeable future (Hall 2007, p. 1-2). Our determination was conditional upon the 2007 Wyoming wolf management law being fully in effect and the wolf management plan being legally authorized by Wyoming statutes. The plan automatically goes into effect upon the Governor's certification to the Wyoming Secretary of State that all of the provisions found in the 2007 Wyoming wolf management law have been met (W.S. Sec. Sec. 23-1-101 et sec.; discussed in further detail in Factor D below) (Freudenthal 2007b, p. 1-3). For detailed information on previous Federal actions also see the 2003 reclassification rule (68 FR 15804, April 1, 2003), the 2006 advanced notice of proposed rulemaking (ANPR) (71 FR 6634, February 8, 2006), the 12-month finding on Wyoming's petition to delist (71 FR 43410, August 1, 2006), and the February 8, 2007, proposed rule to designate the NRM population of gray wolf as a DPS and remove this DPS from the List of Endangered and Threatened Wildlife (72 FR 6106). Distinct Vertebrate Population Segment Policy Overview Pursuant to the Act, we consider if information is sufficient to indicate that listing any species, subspecies, or, for vertebrates, any DPS of these taxa may be warranted. To interpret and implement the DPS provision of the Act and congressional guidance, the Service and the National Marine Fisheries Service (NMFS) published a policy regarding the recognition of distinct vertebrate population segments under the Act (61 FR 4722-4725, February 7, 1996). Under this policy, three factors are considered in a decision regarding the establishment and listing, reclassification, or delisting of a DPS. The first two factors determine whether the population segment is a valid DPS--(1) discreteness of the population segment in relation to the remainder of the taxon, and (2) the significance of the population segment to the taxon to which it belongs. If a population meets both tests, it is a DPS. Then the third factor, the population segment's conservation status, is evaluated in relation to the Act's standards for listing, delisting, or reclassification (i.e., is the DPS endangered or threatened). Defining the Boundaries of the NRM DPS We defined the geographic boundaries for the area to be evaluated for DPS status based on discreteness and [[Page 10516]] significance as defined by our DPS policy. The DPS policy allows an artificial (e.g., State line) or manmade (e.g., road or highway) boundary to be used as a boundary of convenience for clearly identifying the geographic area for a DPS. The NRM DPS includes all of Montana, Idaho, and Wyoming, the eastern third of Washington and Oregon, and a small part of north central Utah. Specifically, the DPS includes that portion of Washington east of Highway 97 and Highway 17 north of Mesa and that portion of Washington east of Highway 395 south of Mesa. It includes that portion of Oregon east of Highway 395 and Highway 78 north of Burns Junction and that portion of Oregon east of Highway 95 south of Burns Junction. Finally, the NRM DPS includes that portion of Utah east of Highway 84 and north of Highway 80. The center of these roads is deemed the border of the NRM DPS (See Figure 1). BILLING CODE 4310-55-P [[Page 10517]] [GRAPHIC] [TIFF OMITTED] TR27FE08.025 BILLING CODE 4310-55-C One factor we considered in defining the boundaries of the NRM DPS was the current distribution of known wolf packs in 2006 (Service et al. 2007, [[Page 10518]] Figure 1) (except four packs in northwestern Wyoming that did not persist). We also examined the annual distribution of wolf packs from 2002 (the first year the population exceeded the recovery goal) through 2006 (Service et al. 2003-2007, Figure 1; Bangs et al. in press). Because outer distribution changed little in these years, we used the 2004 data because it had already been analyzed in the February 8, 2006 ANPR (71 FR 6634). Wolf packs have been documented in Montana, Idaho, or Wyoming so we include these three States in the DPS. Dispersal distances also played a key role in determining the boundaries for the NRM DPS. We examined the known dispersal distances of over 200 marked dispersing wolves from the NRM from 1993 through 2005 (Jimenez et al. in prep.). These data indicate that the average dispersal distance of wolves from the NRM was about 97 km (60 mi) (Boyd and Pletscher 1999, p. 1094; Jimenez et al. in prep; Thiessen 2007, p. 33). We determined that 300 km (190 mi), three times the average dispersal distance, was a breakpoint in our data for unusually long- distance dispersal out from existing wolf pack territories (Jimenez et al. in prep., Figure 2 and 3). Only 10 wolves (none of which subsequently bred) have dispersed farther outside the core population areas and remained in the United States. None of these wolves returned to the core recovery areas in Montana, Idaho, or Wyoming. Only dispersal from the NRM wolf packs to areas within the United States was considered in these calculations because we were trying to determine the appropriate NRM DPS boundaries within the U.S. Dispersers to Canada were not considered in our calculation of average dispersal distance because the distribution of suitable habitat and wolves and level of human persecution in Canada is significantly different than in the U.S., potentially affecting wolf dispersal patterns. We plotted average dispersal distance and three times the average dispersal distance from existing wolf pack territories in the NRM. The resulting map indicated a wide area where wolf dispersal was common enough to support intermittent additional pack establishment from the core recovery areas given the availability of patches of nearby suitable habitat (Service 2005, p. 1-2). Our specific data on wolf dispersal in the NRM may not be applicable to other areas of North America (Mech and Boitani 2003, pp. 13-16). We also examined suitable wolf habitat in Montana, Idaho, and Wyoming (Oakleaf et al. 2006, pp. 555-558) and throughout the western U.S. (Carroll et al. 2003, p. 538; Carroll et al. 2006, pp. 27-30) by comparing the biological and physical characteristics of areas currently occupied by wolf packs with the characteristics of adjacent areas that remain unoccupied by wolf packs. The basic findings and predictions of those models (Carroll et al. 2003, p. 541; Carroll et al. 2006, p. 32; Oakleaf et al. 2006, p. 559) were similar in many respects. Suitable wolf habitat in the NRM DPS is typically characterized by public land, mountainous forested habitat, abundant year-round wild ungulate populations, lower road density, lower numbers of domestic livestock that were only present seasonally, few domestic sheep (Ovis sp.), low agricultural use, and low human populations (see Factor A). The models indicate that a large block of suitable wolf habitat exists in central Idaho and the GYA, and to a smaller extent in northwestern Montana. These findings support the recommendations of the 1987 wolf recovery plan (Service 1987) that identified those three areas as the most likely locations to support a recovered wolf population and are consistent with the actual distribution of all wolf breeding pairs in the NRM since 1986 (Bangs et al. 1998, Figure 1; Service et al. 1999-2007, Figures 1-4, Tables 1-3). The models indicate little habitat is suitable to support wolf packs within the portion of the NRM DPS in eastern Montana, southern Idaho, eastern Wyoming, Washington, Oregon, or northcentral Utah (See Factor A). Unsuitable habitat also was important in determining the boundaries of the NRM DPS. Model predictions by Oakleaf et al. (2006, p. 559) and Carroll et al. (2003, pp. 540-541; 2006, p. 27) and our observations during the past 20 years (Bangs et al. 2004, p. 93; Service et al. 2007, Figures 1-4, Table 4) indicate that non-forested rangeland and croplands associated with intensive agricultural use (prairie and high desert) preclude wolf pack establishment and persistence. This unsuitability is due to high rates of wolf mortality, high densities of livestock compared to wild ungulates, chronic conflict with livestock and pets, local cultural intolerance of large predators, and wolf behavioral characteristics that make them vulnerable to human-caused mortality in open landscapes (See Factor A). We looked at the distribution of large expanses of unsuitable habitat that would form a broad boundary separating the NRM DPS from both the southwestern and midwestern wolf populations and from the core of any other possible wolf population that might develop in the foreseeable future in the western U.S. We included the eastern parts of Washington and Oregon and a small portion of north central Utah within the NRM DPS, because--(1) These areas are within 97 to 300 km (60 to 190 mi) from the core wolf population and routinely used by dispersing wolves; (2) lone dispersing wolves have been documented in these areas more than once in recent times (Jimenez et al. in prep.); (3) these areas contain some suitable habitat (see Factor A); and (4) the potential for connectivity exists between the relatively small and fragmented patches of suitable habitat in these areas with larger blocks of suitable habitat in the NRM DPS. If wolf breeding pairs establish in these areas, habitat suitability models suggest these nearby areas would likely be more connected to the core recovery areas in central Idaho and northwestern Wyoming than to any future wolf populations that might become established in other large blocks of potentially suitable habitat farther beyond the NRM DPS border. As noted earlier, large swaths of unsuitable habitat would isolate any wolf breeding pairs within the NRM DPS from other large patches of suitable habitat to the west or south (Carroll et al. 2003, p. 541). Although we have received reports of individual wolves and wolf packs in the North Cascades of Washington (Almack and Fitkin 1998, pp. 7-13), agency efforts to confirm them were unsuccessful and to date no individual wolves or packs have been confirmed there (Boyd and Pletscher 1999, p. 1096; Jimenez et al. in prep.). Intervening unsuitable habitat makes it highly unlikely that wolves from the NRM DPS have dispersed to the North Cascades in recent history. However, if wolves dispersed into this area, they would remain protected by the Act as endangered because it is outside of the NRM DPS. We include all of Wyoming, Montana, and Idaho in the NRM DPS because (1) their State regulatory frameworks apply Statewide; and (2) expanding the DPS beyond a 300 km (190 mi) band of likely dispersal distances to include extreme eastern Montana and Wyoming adds only unsuitable habitat and does not affect the distinctness of the NRM DPS. Although including all of Wyoming in the NRM DPS results in including portions of the Sierra Madre, the Snowy, and the Laramie Ranges, we do not consider these areas to be suitable wolf habitat because of their size, shape, and distance from a strong source of dispersing wolves. Oakleaf et al. (2006, [[Page 10519]] pp. 558-559) chose not to analyze these areas of southeast Wyoming because they are fairly intensively used by livestock and are surrounded with, and interspersed by, private land, making pack establishment and persistence unlikely. While Carroll et al. (2003, p. 541; 2006, p. 32) optimistically predicted these areas were suitable habitat, the model predicted that under current conditions these areas were largely sink habitat and that by 2025 (within the foreseeable future) they were likely to be ranked as low occupancy because of human population growth and road development. We chose not to extend the NRM DPS border east beyond Montana and Wyoming, because those adjacent portions of North Dakota, South Dakota, and Nebraska are far outside the predicted routine dispersal range of gray wolves from the NRM. In addition, the available information on potentially suitable habitat indicates that Colorado and additional areas of Utah to the south and west of the NRM DPS include large areas of potentially suitable but unoccupied habitat (Carroll et al. 2003, p. 541). The current distribution of wolf packs in the NRM wolf population encompasses most of the suitable habitat, that area is surrounded by unsuitable habitat, and the nearest other blocks of suitable habitat are far beyond the expected dispersal distance of wolves that might form new breeding pairs. Therefore, we concluded that a smaller NRM DPS that contains the core recovery areas and the adjacent areas of largely unsuitable habitat where routine wolf dispersal could be expected, but that excludes contiguous blocks of potentially suitable habitat to the west and south that are outside the routine wolf dispersal area is representative of the current and future status of the existing NRM wolf population and consistent with our DPS policy. Analysis for Discreteness Under the DPS policy, a population segment of a vertebrate taxon may be considered discrete if it satisfies either one of the following conditions--(1) Is markedly separated from other populations of the same taxon as a consequence of physical, physiological, ecological, or behavioral factors (quantitative measures of genetic or morphological discontinuity may provide evidence of this separation); or (2) is delimited by international governmental boundaries within which differences in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) of the Act. Markedly Separated from Other Populations of the Taxon--The eastern edge of the NRM DPS (Figure 1) is about 644 km (400 mi) from the western edge of the WGL DPS core wolf population (eastern Minnesota) and is separated from it by hundreds of miles of unsuitable habitat (see Factor A). The southern edge of the NRM DPS border is about 724 km (450 mi) from the nonessential experimental populations of wolves in the southwestern U.S. with vast amounts of unoccupied marginal or unsuitable habitat separating them. No wild wolves have been confirmed west of the NRM DPS boundary (although occasionally we get unconfirmed reports and 2 wolves were killed close to that boundary). While one dispersing wolf was confirmed east and one south of the NRM DPS boundary, no wolf packs have ever been found there. No wolves from other U.S. wolf populations are known to have dispersed as far as the NRM DPS. Although wolves can disperse over 1,092 km (680 mi) (with actual travel distances exceeding 10,000 km (6,000 mi)) (Fritts 1983, pp. 166- 167; Ream et al. 1991, pp. 351-352; Boyd and Pletscher 1999, p. 1094; Missouri Department of Conservation 2001, pp. 1-2; Jimenez et al. in prep.; Wabakken et al. 2007, p. 1631), the average dispersal of NRM wolves is about 97 km (60 mi) (Boyd and Pletscher 1999, p. 1100; Jimenez et al. in prep.; Thiessen 2007, p. 72). Only 10 of over 200 confirmed NRM wolf dispersal events from 1992 through 2005 have been over 300 km (190 mi) and outside the core recovery areas (Boyd and Pletscher. 1999, p. 1094; Jimenez et al. in prep.). Undoubtedly many other dispersal events have occurred but not been detected because only 30 percent of the NRM wolf population has been radio-collared. All but two of these known U.S. long-distance dispersers remained within the NRM DPS. None of them found mates or survived long enough to form packs or breed in the U.S. (Jimenez et al. in prep.). The first wolf confirmed to have dispersed (within the U.S.) beyond the border of the NRM DPS was killed by a vehicle collision along Interstate 70 in north-central Colorado in spring 2004. Video footage of a black wolf-like canid taken near Walden in northern Colorado in early 2006, suggests another dispersing wolf may have traveled into Colorado. The subsequent status or location of that animal is unknown. Finally, in spring 2006, the carcass of a male black wolf was found along Interstate 90 in western South Dakota. Genetic testing confirmed it was a wolf that had dispersed from the GYA. We expect that occasional lone wolves will continue to disperse between and beyond the core recovery areas in Montana, Idaho, and Wyoming, as well as into States adjacent to the NRM DPS. However, pack development and persistence outside the NRM DPS is unlikely because wolves that disperse as individuals typically have low survival (Pletscher et al. 1997, p. 459) and suitable habitat is limited and distant (Carroll et al. 2003, p. 541) from the NRM DPS. No connectivity currently exists between the NRM, WGL, and Southwestern gray wolf populations, nor are there any resident wolf packs in intervening areas. While it is theoretically possible that a lone wolf might traverse over 644 km (400 mi) from one population to the other, movement between these populations has never been documented and is extremely unlikely because of both the distance and the large areas of unsuitable habitat between the populations. Furthermore, the DPS policy does not require complete separation of one DPS from other populations, but instead requires some ``marked separation.'' Thus, if occasional individual wolves or packs disperse among populations, the NRM DPS could still display the required discreteness. Based on the information presented above, we have determined that NRM gray wolves are markedly separated from all other gray wolf populations in the U.S. Differences Among U.S. and Canadian Wolf Populations--The DPS policy allows us to use international borders to delineate the boundaries of a DPS if there are differences in control of exploitation, conservation status, or regulatory mechanisms between the countries. Significant differences exist in management between U.S. and Canadian wolf populations. About 52,000 to 60,000 wolves occur in Canada, where suitable habitat is abundant (Boitani 2003, p. 322). Because of this abundance, wolves in Canada are not protected by Federal laws and are only minimally protected in most Canadian provinces (Pletscher et al. 1991, p. 546). In the U.S., unlike Canada, Federal protection and intensive management has been necessary to recover the wolf (Carbyn 1983). When delisted, States in the NRM DPS would carefully monitor and manage to retain populations above the recovery goal (see Factor D). Therefore, we will continue to use the U.S.-Canada border to mark the northern boundary of the NRM DPS due to the difference in control of exploitation, conservation [[Page 10520]] status, and regulatory mechanisms between the two countries. Analysis for Significance If we determine that a population segment is discrete, we next consider available scientific evidence of its significance to the taxon to which it belongs. Our DPS policy states that this consideration may include, but is not limited to, the following factors: (1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon; (2) evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon; (3) evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside its historic range; and/ or (4) evidence that the discrete population segment differs markedly from other populations of the species in its genetic characteristics. Below we address factors 1 and 2. Factors 3 and 4 do not apply to the NRM DPS and thus are not included in our analysis for significance. Unusual or Unique Ecological Setting--Within the range of holarctic wolves, the NRM has among the highest diversity of large predators and native ungulate prey species, resulting in complex ecological interaction between the ungulate prey, predator and scavenger groups, and vegetation (Smith et al. 2003, p. 331). In the NRM DPS, gray wolves share habitats with black bears (Ursus americanus), grizzly bears (U.arctos horribilis), cougars (Felis concolor), lynx (Lynx canadensis), wolverine (Gulo gulo), coyotes (Canis latrans), foxes (Vulpes vulpes), badgers (Taxidea taxus), bobcats (Felis rufus), fisher (Martes pennanti), and marten (Martes americana). The unique and diverse assemblage of native prey include elk (Cervus canadensis), mule deer (Odocoileus hemionus), white-tailed deer (Odocoileus virginianus), moose (Alces alces), woodland caribou (Rangifer caribou), bighorn sheep (Ovis canadensis), mountain goats (Oreamnos americanus), pronghorn antelope (Antilocapra americana), bison (Bison bison) (only in the GYA), and beaver (Castor canadensis). This complexity leads to unique dramatic and unique ecological cascades in pristine areas, such as in YNP. While these effects likely still occur at varying degrees elsewhere, they are increasingly modified and subtle the more an area is affected by humans (Smith et al. 2003, pp. 334-338; Robbins 2004, pp. 80-81; Campbell et al. 2006, pp. 747-753; Hebblewhite et al. 2005, p. 2135; Garrott et al. 2005, p. 1245). For example, wolves appear to be changing elk behavior and elk relationships and competition with other native ungulates in YNP. These complex interactions may increase streamside willow production and survival (Ripple and Beschta 2004, p. 755), that in turn can affect beaver and nesting by riparian birds (Nievelt 2001, p. 1). This suspected pattern of wolf-caused changes also may be occurring with scavengers, whereby wolf predation is providing a year-round source of food for a diverse variety of carrion feeders (Wilmers et al. 2003, p. 996; Wilmers and Getz 2005, p. 571). The wolf population in the NRM has extended the southern range of the contiguous gray wolf population in western North America nearly 400 miles (640 km) into a much more diverse, ecologically complex, and unique assemblage of species than is found elsewhere within occupied wolf habitat in most of the northern hemisphere. Significant Gap in the Range of the Taxon--Wolves once lived throughout most of North America. Wolves have been extirpated from most of the southern portions of their historic North American range. The loss of the NRM wolf population would represent a significant gap in the species' holarctic range in that this loss would create a 15-degree latitudinal or over 1,600-km (1,000-mi) gap across the Rocky Mountains between the Mexican wolf and wolves in Canada. If this potential gap were realized, substantial cascading ecological impacts, such as behavioral changes in elk that reduced browsing pressure and allowed increased willow growth in riparian areas that can then support beaver or nesting song birds, would occur in the NRM, most noticeably in the most pristine and wildest areas (Smith et al. 2003, pp. 334-338; Robbins 2004, pp. 80-81; Campbell et al. 2006, pp. 747-753; Hebblewhite and Smith in press, p. 1-6). Given the wolf's historic occupancy of the conterminous U.S. and the portion of the historic range the conterminous U.S. represents, recovery in the lower 48 States has long been viewed as important to the taxon (39 FR 1171, January 4, 1974; 43 FR 9607, March 9, 1978). The NRM DPS is significant in achieving this objective, as it is 1 of only 3 populations of wolves in the lower 48 States and currently constitutes nearly 25 percent of all wolves in the lower 48 States. We conclude, based on our analysis of the best available scientific information, that the NRM DPS is significant to the taxon in that NRM wolves exist in a unique ecological setting and their loss would represent a significant gap in the range of the taxon. Therefore, the NRM DPS meets the criterion of significance under our DPS policy. Because the NRM gray wolf population is both discrete and significant, it is a valid DPS. The conservation status of the DPS is discussed below (see Summary of Factors Affecting the Species section). Recovery Recovery Planning and the Selection of Recovery Criteria--Shortly after listing we formed the interagency wolf recovery team to complete a recovery plan for the NRM population (Service 1980, p. i; Fritts et al. 1995, p. 111). The NRM Wolf Recovery Plan (recovery plan) was approved in 1980 (Service 1980, p. i) and revised in 1987 (Service 1987, p. i). Recovery plans are not regulatory documents and are instead intended to provide guidance to the Service, States, and other partners on methods of minimizing threats to listed species and on criteria that may be used to determine when recovery is achieved. There are many paths to accomplishing recovery of a species and recovery may be achieved without all criteria being fully met. For example, one or more criteria may have been exceeded while other criteria may not have been accomplished. In that instance, the Service may judge that the threats have been minimized sufficiently, and the species is robust enough to reclassify from endangered to threatened or to delist. In other cases, recovery opportunities may have been recognized that were not known at the time the recovery plan was finalized. These opportunities may be used instead of methods identified in the recovery plan. Likewise, information on the species may be learned that was not known at the time the recovery plan was finalized. The new information may change the extent that criteria need to be met for recognizing recovery of the species. Recovery of a species is a dynamic process requiring adaptive management that may, or may not, fully follow the guidance provided in a recovery plan. The 1980 recovery plan's objective was to re-establish and maintain viable populations of the NRM wolf (Canis lupus irremotus) in its former range where feasible (Service 1980, p. iii). The revised recovery plan (Service 1987, p. 57) specifies a recovery criterion of a minimum of 10 breeding pairs of wolves (defined as 2 wolves of opposite sex and adequate age, capable of producing offspring) for a minimum of 3 successive years in each of 3 core recovery areas--(1) Northwestern [[Page 10521]] Montana (Glacier National Park; the Great Bear, Bob Marshall, and Lincoln Scapegoat Wilderness Areas; and adjacent public and private lands), (2) central Idaho (Selway-Bitterroot, Gospel Hump, Frank Church River of No Return, and Sawtooth Wilderness Areas; and adjacent, mostly Federal, lands), and (3) the YNP area (including the Absaroka- Beartooth, North Absaroka, Washakie, and Teton Wilderness Areas; and adjacent public and private lands). That plan recommended that wolf establishment not be promoted outside these distinct recovery areas, but that connectivity between them be encouraged. However, no attempts were made to prevent wolf pack establishment outside of the recovery areas unless chronic conflict required resolution (Service 1994, p. 1- 15, 16; Service 1999; p. 2). The recovery plan states that if 2 recovery areas maintain a minimum of 10 breeding pairs for 3 successive years, the gray wolves in the NRM can be reclassified to threatened status, and if all 3 recovery areas maintain a minimum of 10 breeding pairs for 3 successive years, then the NRM wolf population can be considered fully recovered and can be considered for delisting. The 1994 environmental impact statement (EIS) on wolf reintroduction reviewed wolf recovery in the NRM and the adequacy of the recovery goals because we were concerned that the 1987 goals might be insufficient (Service 1994, pp. 6:68-78). The Service conducted a thorough literature review of wolf population viability analysis and minimum viable populations, reviewed the recovery goals for other wolf populations, surveyed the opinions of 43 wolf experts, of which 25 responded, and incorporated our own expertise into a review of the NRM wolf recovery goal. We published our analysis in the Service's EIS and in a peer-reviewed paper (Service 1994, Appendix 8 & 9; Fritts and Carbyn 1995, p. 26-38). Our analysis concluded that the 1987 recovery goal was, at best, a minimum recovery goal, and that modifications were warranted on the basis of more recent information about wolf distribution, connectivity, and numbers. We agree with Fritts and Carbyn (1995, p. 26) that ``Data on survival of actual wolf populations suggest greater resiliency than indicated by theory'' and theoretical treatments of population viability ``have created unnecessary dilemmas for wolf recovery programs by overstating the required population size''. Based on our analysis and peer review comments, we concluded that ``Thirty or more breeding pairs comprising some 300+ wolves in a metapopulation (a population that exists as partially isolated sets of subpopulations) with genetic exchange between subpopulations should have a high probability of long-term persistence'' because such a population would contain enough individuals in successfully reproducing packs distributed over distinct but somewhat connected large areas to be viable for the long term (Service 1994, pp. 6:75). A population at or above this size would contain at least 30 successfully reproducing packs and ample individuals to ensure long-term population viability. In addition the metapopulation configuration and distribution throughout secure suitable habitat would ensure that each core recovery area would provide a recovered population that would be distributed over a large enough area to provide resilience to natural or man-caused events that may temporarily affect one core recovery area. No wolf population of this size and distribution has gone extinct in recent history unless it was deliberately eradicated by humans (Boitani 2003, 321-331). We further determined that a metapopulation of this size and distribution among the three core recovery areas within the area we now identify as the NRM DPS would result in a wolf population that would fully achieve our recovery objectives. We conducted another review of what constitutes a recovered wolf population in late 2001 and early 2002 to reevaluate and update our 1994 analysis and conclusions (Service 1994, Appendix 9). We surveyed 86 biologists, of which 50 responded, with expertise in wolves and population viability from North America and Europe for their professional opinions regarding a wide range of issues related to the NRM recovery goal. We also reviewed a wide range of literature, including wolf population viability analysis from other areas (Bangs 2002, p. 1-9). Despite varied professional opinions and a great diversity of suggestions, experts overwhelmingly thought the recovery goal derived in our 1994 analysis was more biologically appropriate than the 1987 recovery plan's criteria for recovery and represented a viable and recovered wolf population. Reviewers also thought connectivity (either natural or human-facilitated) was important to maintaining the metapopulation configuration and wolf population viability. Reviewers also recommended other concepts/numbers for recovery goals but most were slight modifications to those we recommended in our 1994 analysis. While experts strongly (78%) supported our 1994 conclusions that a metapopulation of at least 30 breeding pairs and at least 300 wolves would provide for a viable wolf population, they also concluded that wolf population viability was enhanced by higher (500 or more wolves) rather than lower population levels (300) and longer (more than 3 years) rather than shorter (3 years) demonstrated time frames. The more numerous and widely distributed a species is, the higher its probability of population viability will be. However, the Act requires us to ensure a species is no longer threatened or endangered not that its viability would be theoretically maximized. A wolf metapopulation of at least 30 breeding pairs and at least 300 wolves ensures it will remain viable and recovered. A slight majority indicated that the 1987 recovery goal, of only 10 breeding pairs (defined as a male and female capable of breeding) in each of three distinct recovery areas, may be viable, given the persistence of other small wolf populations in other parts of the world. The results of previous population viability analysis for other wolf populations varied widely, and similar to our 1994 analysis, reviewers concluded that theoretical results were strongly dependent on the variables and assumptions used in such models and conclusions often predicted different outcomes than actual empirical data had conclusively demonstrated. Based on that review, we reaffirmed our more relevant and stringent 1994 definition of wolf breeding pairs, population viability, and recovery (Service 1994, p. 6:75). We measure the wolf recovery goal by the number of breeding pairs because wolf populations are maintained by packs that successfully raise pups. We use ``breeding pairs'' to describe successfully reproducing packs (Service 1994, pp. 6:67; Bangs 2002, p. 7-8; Mitchell et al. in press). Breeding pairs are only measured in winter because most wolf mortality occurs in spring/summer/fall and winter is the beginning of the annual courtship and breeding season for wolves. Often we do not know if the specific pack actually contains an adult male, adult female, and two pups in winter; however, pack size has proven to have a strong correlation with breeding pair status and by simply knowing the size of wolf packs in mid-winter we can reliably estimate the number of breeding pairs (Ausband 2006; Mitchell et al. in press). In the future, the States will be able to use pack size in winter as a surrogate to reliably identify each pack's [[Page 10522]] contribution toward meeting our breeding pair recovery criteria and to better predict the effect of managing for certain pack sizes on wolf population recovery. We have also determined that an essential part of achieving recovery is an equitable distribution of wolf breeding pairs and individual wolves among the three States and the three core recovery areas. A wolf metapopulation that is equitably distributed among the three core recovery areas provides each area with enough successfully reproducing packs and individuals to withstand any threats to it and to allow for local adaptation to the ecological conditions within each area (e.g., bison in the GYA, white-tailed deer in northwestern Montana, or steep terrain of central Idaho). In addition, a minimum number of successfully reproducing packs and individual wolves in each core recovery area ensures a consistent strong source of dispersing individuals between and among the three recovery areas to consistently occupy suitable habitat, form new or join existing packs, and provide the opportunity for genetic and demographic mixing within the population to maintain its viability and resilience. Like peer reviewers in 1994 and 2002, we concluded that NRM wolf recovery and long-term wolf population viability is dependent on its distribution as well as maintaining the minimum numbers of breeding pairs and wolves. While uniform distribution is not necessary, a well-distributed population with no one State/recovery area maintaining a disproportionately low number of packs or number of individual wolves is needed to maintain wolf distribution in and adjacent to core recovery areas and other suitable habitat throughout the NRM. Following the 2002 review, we began to use States, in addition to recovery areas, to measure progress toward recovery goals (Service et al. 2003-2007, Table 4). Because Montana, Idaho, and Wyoming each contain the vast majority of one of the original three core recovery areas, we determined the metapopulation structure would be conserved by equally dividing the overall recovery goal between the three States. This approach made each State's responsibility for wolf conservation fair, consistent, and clear. It avoided any possible confusion that one State might assume all of the responsibility for maintaining the required number of wolves and wolf breeding pairs in a shared core recovery area. State regulatory authorities and traditional management of resident game populations occur on a State-by-State basis. Management by State would still maintain a robust wolf population in each core recovery area because they each contain manmade or natural refugia from high levels of human-caused mortality (e.g., National Parks, wilderness areas, and remote Federal lands) that guarantee those areas remain the stronghold for wolf breeding pairs and source of dispersing wolves in each State. Recovery targets by State promote connectivity and genetic exchange between the metapopulation segments by avoiding management that focuses solely on wolf breeding pairs in relatively distinct core recovery areas and promote a minimum level of potential natural dispersal to and from each population segment. This approach also will increase the numbers of potential wolf breeding pairs in the GYA because it is shared by all three States. Wyoming alone has committed to maintain at least 15 breeding pairs (with at least 7 of those breeding pairs outside the National Parks) and 150 wolves, so wolves in the Montana and Idaho portion of the GYA would be in addition to those required to exceed minimal recovery area levels. A large and well-distributed population within the GYA is especially important because it is the most isolated core recovery area within the NRM DPS (Oakleaf et al. 2006, p. 554; vonHoldt et al. 2007, p. 19). The numerical component of the recovery goal represents the minimum number of breeding pairs and wolves needed to achieve recovery. To ensure that the NRM wolf population continues to exceed the recovery goal of 30 breeding pairs and 300 wolves, Montana (2003), Idaho (2002; 2007), and Wyoming (2007) have committed to manage for at least 15 breeding pairs and at least 150 wolves per State in mid-winter and maintain its metapopulation structure. Because the recovery goal components are measured in mid-winter when the wolf population is near its annual low point, the average annual wolf population will be much higher than these minimal goals. At this point in time, it is unknown how many wolves and breeding pairs will ultimately result from implementation of the State management plans except that each State plan's management objectives assure that the NRM DPS will certainly be well over a combined total of 45 breeding pairs and 450 wolves. Each State has committed to manage for at least 150 wolves and 15 breeding pairs by regulating human-caused mortality. If each of the States managed to have only 15 breeding pairs and 150 wolves (which is extremely unlikely since each would have to be at their lowest allowable level at the same time and wolves will still also be present in National Parks, wilderness areas, and remote public lands where sharp reductions in wolf numbers are unlikely), then 45 breeding pairs would likely result in more than 450 wolves. Service data since 1986 indicate that, within the NRM DPS, each breeding pair has corresponded to 14 wolves in mid-winter (Service et al. 2007, Table 4). These goals were designed to provide the NRM gray wolf population with sufficient representation, resilience, and redundancy for its long-term conservation (See Summary of Threats Analysis section for details). We have expended considerable effort to develop, repeatedly re-evaluate, and when necessary modify, the recovery goals (Service 1987, p. 12; Service 1994, Appendix 8 and 9; Fritts and Carbyn 1995, p. 26; Bangs 2002, p. 1). After evaluating all available information, we conclude the best scientific and commercial data available continues to support the ability of these recovery goals to ensure the population does not again become in danger of extinction. Monitoring and Managing Recovery--In 1989, we formed an Interagency Wolf Working Group (Working Group) composed of Federal, State, and Tribal agency personnel (Bangs 1991, p. 7; Fritts et al. 1995, p. 109; Service et al. 1989-2007, p. 1). The Working Group conducted four basic recovery tasks (Service et al. 1989-2007, p. 1-2), in addition to the standard enforcement functions associated with the take of a listed species. These tasks were: (1) Monitor wolf distribution and numbers; (2) control wolves that attacked livestock by moving them, conducting other non-lethal measures, or killing them (Bangs et al. 2006, p. 7); (3) conduct research and publish scientific publications on wolf relationships to ungulate prey, other carnivores and scavengers, livestock, and people; and (4) provide accurate science-based information to the public and mass media so that people could develop their opinions about wolves and wolf management from an informed perspective. The size and distribution of the NRM wolf population is estimated by the Working Group each year and, along with other information, is published in an interagency annual report (Service et al. 1989-2007, Table 4, Figure 1). Since the early 1980s, the Service and our cooperating partners have radio-collared and monitored over 940 wolves in the NRM to assess population status, conduct research, and to reduce/resolve conflict with livestock. The Working [[Page 10523]] Group's annual population estimates represent the best scientific and commercial data available regarding year-end NRM gray wolf population size and trends, as well as distributional and other information. Recovery by State--At the end of 2000, the NRM population first met its overall numerical and distributional recovery goal of a minimum of 30 breeding pairs and over 300 wolves well-distributed among Montana, Idaho, and Wyoming (Service et al. 2001, Table 4; 68 FR 15804, April 1, 2003). This minimum recovery goal was exceeded every year since 2000 (Service et al. 2002-2007, Table 4; Service 2007a). Because the recovery goal must be achieved for 3 consecutive years, the temporal element of recovery was not achieved until the end of 2002 when 663 wolves and 49 breeding pairs were present (Service et al. 2003, Table 4). At the end of 2007, the NRM wolf population achieved its numerical and distributional recovery goal for 8 consecutive years (68 FR 15804, April 1, 2003; 71 FR 6634, February 8, 2006; Service et al. 2001-2007, Table 4; Service 2007a). For the State-by-State recovery goals, Idaho and Wyoming first achieved the minimum recovery goal of 10 breeding pairs and 100 wolves in 2000, and Montana first achieved them in 2002. All three States have met or exceeded this goal every year since it was first achieved. In late 2007, preliminary estimates indicate there are 394 wolves in 37 breeding pairs in Montana, 788 wolves in 41 breeding pairs in Idaho, and 362 wolves in 27 breeding pairs in Wyoming for about 1,545 wolves in 105 potential breeding pairs in the NRM wolf population (Service 2007a). The NRM wolf population increased about 24 percent annually from 1995 to 2006 (Service et al. 2007, Table 4). Figure 2 illustrates wolf population trends by State from 1979 to 2006. BILLING CODE 4310-55-P [[Page 10524]] [GRAPHIC] [TIFF OMITTED] TR27FE08.026 BILLING CODE 4310-55-C As discussed previously, after the 2002 peer review of the wolf recovery efforts, we began using States, in addition to recovery areas, to measure progress toward recovery goals (Service et al. 2003-2007, Table 4). However, because the original recovery plan included goals for core recovery areas we have included the following discussion on the history of the recovery efforts and status of these core recovery areas, including how the wolf population's distribution and metapopulation structure is important to maintaining its viability and how the biological characteristics of each core recovery area differ (Service et al. 2007, Table 4). Recovery in the Northwestern Montana Recovery Area-- The Northwestern Montana Recovery Area's 84,800 km\2\ (33,386 mi\2\) includes: Glacier National Park; the Great Bear, Bob Marshall, and Lincoln Scapegoat Wilderness Areas; and adjacent public and private lands in northern Montana and the northern Idaho panhandle. Wolves there are listed as endangered. [[Page 10525]] Reproduction first occurred in northwestern Montana in 1986 (Ream et al. 1989). The natural ability of wolves to find and quickly recolonize empty habitat (Mech and Boitani 2003, p. 17-19), the interim control plan (Service 1988, 1999), and the interagency recovery program combined to effectively promote an increase in wolf numbers (Bangs 1991, p.7-13). By 1996, the number of wolves had grown to about 70 wolves in 7 known breeding pairs. However, since 1997, the estimated number of breeding pairs and wolves has fluctuated, partly due to actual population size and partly due to monitoring effort. It varied from 4 to 12 breeding pairs and from 49 to 171 wolves (Service et al. 2007, Table 4) but generally increased. In 2007, we estimated 214 wolves in 24 breeding pairs in the northwestern Montana recovery area (Service 2007a). The Northwestern Montana Recovery Area has sustained fewer wolves than the other recovery areas because there is less suitable habitat and it is more fragmented (Oakleaf et al. 2006. p. 560). Some of the variation in our wolf population estimates for northwestern Montana is due to the difficulty of counting wolves in the areas' thick forests. Wolves in northwestern Montana also prey mainly on white-tailed deer, resulting in smaller packs and territories, which makes packs more difficult to detect (Bangs et al. 1998, p. 878). Increased monitoring efforts in northwestern Montana by Montana Fish, Wildlife and Parks (MFWP) since 2005 were likely responsible for some of the higher population estimates. Wolf numbers in 2003 and 2004 also likely exceeded 10 breeding pairs and 100 wolves but were not documented simply due to less intensive monitoring those years (Service et al. 2007, Table 4; Service 2007a). Wolf numbers in northwestern Montana have exceeded 100 wolves and 10 breeding pairs for at least the past 3 years, and probably the last 6 years (Service et al. 2007, Table 4). Routine dispersal of wolves has been documented among northwestern Montana, central Idaho, and adjacent Canadian populations, demonstrating that northwestern Montana's wolves are demographically and genetically linked to both the wolf population in Canada and in central Idaho (Pletscher et al. 1991, pp. 547-8; Boyd and Pletscher 1999, pp. 1105-1106; Sime 2007, p. 4; Jimenez et al. in prep.). Because of fairly contiguous but fractured suitable habitat, wolves dispersing into northwestern Montana from both directions will continue to join or form new packs and supplement this portion of the overall NRM wolf population (Boyd et al. 1995, p. 140; Forbes and Boyd 1996, p. 1082; Forbes and Boyd 1997, p. 1226; Jimenez et al. in prep; vonHoldt et al. 2007, p. 19; Thiessen 2007, p. 50; Sime 2007, p. 4). Unlike YNP or the central Idaho Wilderness complex, northwestern Montana lacks a large core refugium that contains large numbers of overwintering wild ungulates and few livestock. Therefore, wolf numbers may not ever be as high in northwestern Montana as they are in the Central Idaho or GYA core recovery areas. However, this portion of the NRM DPS has persisted for nearly 20 years, is robust today, and habitat there is capable of supporting 200 wolves (Service et al. 2007, Table 4). State management, pursuant to the Montana State wolf management plan (2003), will ensure this portion of the NRM DPS continues to thrive (see Factor D). Recovery in the Central Idaho Recovery Area--The Central Idaho Recovery Area's 53,600 km\2\ (20,700 mi\2\) includes: The Selway Bitterroot, Gospel Hump, Frank Church River of No Return, and Sawtooth Wilderness Areas; adjacent, mostly Federal lands, in central Idaho; and adjacent parts of southwest Montana (Service 1994, p. iv). In January 1995, 15 young adult wolves from Alberta, Canada were released in central Idaho (Bangs and Fritts 1996, p. 409; Fritts et al. 1997, p. 7). In January 1996, an additional 20 wolves from British Columbia were released (Bangs et al. 1998, p. 787). Central Idaho contains the greatest amount of highly suitable wolf habitat compared to either northwestern Montana or the GYA (Oakleaf et al. 2006, p. 559). Consequently, the central Idaho area population has grown continuously and expanded its range since reintroduction. As in the Northwestern Montana Recovery Area, some of the Central Idaho Recovery Area's increase in its wolf population estimate was due to an increased monitoring effort by Idaho Department of Fish and Game (IDFG). By 2007, we estimated 885 wolves in 48 potential breeding pairs in the central Idaho recovery area (Service 2007a). This marks ten successive years (1998-2007) that this recovery area contained at least 10 breeding pair and 100 wolves (Service et al. 2007; Service 2007a). Recovery in the GYA--The GYA Recovery Area (63,700 km\2\ [24,600 mi\2\]) includes: YNP; the Absaroka Beartooth, North Absaroka, Washakie, and Teton Wilderness Areas (the National Park/Wilderness units); adjacent public and private lands in Wyoming; and adjacent parts of Idaho and Montana (Service 1994, p. iv). The wilderness portions of the GYA are only seasonally used by wolves due to high elevation, deep snow, and low productivity in terms of sustaining year- round wild ungulate populations (Service et al. 2007, Figure 3). In 1995, 14 wolves representing 3 family groups from Alberta were released in YNP (Bangs and Fritts 1996, p. 409; Fritts et al. 1997, p. 7; Phillips and Smith 1996, pp. 33-43). In 1996, this procedure was repeated with 17 wolves representing 4 family groups from British Columbia. Finally, 10 five-month-old pups removed from northwestern Montana were released in YNP in the spring of 1997 (Bangs et al. 1998, p. 787). Only 2 survived past 9 months but both became breeding adults. By 2007, we estimated 455 wolves in 34 potential breeding pairs in the GYA (Service 2007a). This marks eight successive years (2000-2007) that this recovery area contained at least 10 breeding pair and 100 wolves (Service et al. 2007; Service 2007a). Wolf numbers in the GYA were stable in 2005, but known breeding pairs dropped by 30 percent to only 20 pairs (Service et al. 2006, Table 4). The population recovered in 2006, primarily because numbers outside YNP in Wyoming grew to about 174 wolves in 15 breeding pairs (Service et al. 2007). Most of this decline occurred in YNP (which declined from 171 wolves in 16 known breeding pairs in 2004 to 118 wolves in 7 breeding pairs in 2005 (Service et al. 2005, 2006, Tables 1-4) and likely occurred because: (1) Highly suitable habitat in YNP was saturated with wolf packs; (2) conflict among packs appeared to limit population density; (3) fewer elk occur in YNP than when reintroduction took place (Vucetich et al. 2005, p. 259; White and Garrott 2006, p. 942); and (4) a suspected 2005 outbreak of disease (canine parvovirus (CPV) or canine distemper (CD)) reduced that years'' pup survival to 20 percent (Service et al. 2006, Table 2; Smith et al. 2006, p. 244; Smith and Almberg 2007, pp. 17-20). By 2007, the YNP wolf population had rebounded and was estimated to contain 186 wolves in 12 breeding pairs (Service 2007a). Additional significant growth in the National Park/Wilderness portions of the Wyoming wolf population is unlikely because suitable wolf habitat is saturated with resident wolf packs. Maintaining wolf populations above recovery levels in the GYA of the NRM DPS will depend on wolf packs living outside the National Park/ Wilderness portions of northwestern Wyoming and southwestern Montana. For further information on the history of NRM wolf recovery, recovery [[Page 10526]] planning (including defining appropriate recovery criteria), population monitoring (through the end of 2007), and cooperation and coordination with our partners in achieving recovery, see the ``Recovery'' section of the August 1, 2006, 12-month status review (71 FR 43411-43413), Service weekly wolf reports (1995-2007), and the Rocky Mountain Wolf Recovery Interagency Annual Reports (Service et al. 1989-2007) at http://westerngraywolf.fws.gov. The NRM Wolf Interagency Annual Report for 2007 (Service et al. 2008) should be available about the time this rule is published. Public Comments Solicited In accordance with our Interagency Policy for Peer Review in Endangered Species Act Activities (59 FR 34270, July 1, 1994) and the Office of Management and Budget's (OMB) Final Information Quality Bulletin for Peer Review, we solicited independent review of the science in the proposed delisting rule from eight well-published North American scientists with extensive expertise in wolf biology. The purpose of this review was to ensure that our decision to establish and delist the NRM gray wolf DPS was based on scientifically sound data, assumptions, analyses, and conclusions. All eight peer reviewers submitted comments on the proposed delisting rule during the initial 90-day comment period (72 FR 6106, February 8, 2007; 72 FR 14760, March 29, 2007). Five of those experts reviewed the proposal again after we reopened the comment period (73 FR 36939, July 6, 2007) to allow consideration of Wyoming's revised wolf management plan and its impact upon our proposal. Six of seven peer reviewers who specifically stated an opinion on the soundness of our overall initial delisting proposal confirmed that our approach was generally reasonable and science-based and that appropriate literature was cited. Five of the eight experts volunteered the opinion that the Service's rejection of the Wyoming 2003 wolf management framework appeared warranted. Two reviewers questioned whether delisting anywhere in the NRM DPS should proceed without an approved Wyoming wolf management