Endangered and Threatened Wildlife and Plants; 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, 36939-36942 [07-3273]
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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Proposed Rules
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[The text of this section is the same
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Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E7–12902 Filed 7–5–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AU53
Endangered and Threatened Wildlife
and Plants; 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
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period; notice of public
hearing.
rmajette on PROD1PC64 with PROPOSALS
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (Service, we or us) announces
the reopening of the comment period for
the proposed rule to establish a distinct
population segment (DPS) of the gray
wolf (Canis lupis) in the Northern Rocky
Mountains (NRM) of the United States
and to remove the gray wolf in the NRM
DPS from the List of Endangered and
Threatened Wildlife under the
Endangered Species Act of 1973, as
amended (Act). The State of Wyoming
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has a new statute and has advised the
Service that it is appropriate to analyze
a new draft wolf management plan that
the Service believes could allow the
wolves in northwestern Wyoming
outside the National Parks to be
removed from the protections of the Act.
We are reopening the proposal’s
comment period to ensure that the
public has full access to, and an
opportunity to comment on, the
proposed rule in light of this new
information. We also announce the
location and time of an additional
public hearing to receive public
comments on the proposal in light of the
new information. If you have previously
submitted comments, please do not
resubmit them because we have already
incorporated them in the public record
and will fully consider them in our final
decision.
DATES: The public comment period is
reopened until August 6, 2007. We may
not consider any comments we receive
after the closing date. We will hold a
public hearing on this proposed rule on
July 17, 2007. For more information, see
‘‘Public Hearing and Comments’’ below.
Public Hearing
An open house (a brief presentation
about the proposed rule and revised
plan with a question and answer period)
will be held from 4:30 p.m. to 5:30 p.m.,
and will be followed by a public hearing
from 5:30 p.m. to 8:30 p.m., on July 17,
2007, at the Cody Auditorium Facility,
1240 Beck Avenue, Cody, WY 82414.
ADDRESSES: If you wish to comment,
you may submit comments and
materials concerning this proposal,
identified by ‘‘RIN number 1018–
AU53,’’ by any of the following
methods:
1. You may submit comments through
the Federal e-Rulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
2. You may send comments by
electronic mail (email) directly to the
Service at WesternGrayWolf@fws.gov.
Include ‘‘RIN number 1018–AU53’’ in
the subject line of the message.
3. You may mail or hand-deliver
comments to the U.S. Fish and Wildlife
Service, Western Gray Wolf Recovery
Coordinator, 585 Shepard Way, Helena,
MT 59601.
Comments and materials received, as
well as supporting documentation used
in preparation of this proposed action,
will be available for inspection
following the close of the comment
period, by appointment, during normal
business hours, at our Helena office at
the address above.
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36939
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. Persons who use a
Telecommunications Device for the Deaf
may call the Federal Information Relay
Service at (800) 877–8339, 24 hours a
day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2007, we published a
proposal to establish a DPS of the gray
wolf in the NRM of the United States
and to remove the NRM DPS from the
List of Threatened and Endangered
Wildlife (72 FR 6106) if Wyoming
adopted a state law and management
plan that adequately conserved wolves.
The initial comment period on this
proposal was open from February 8,
2007 to April 9, 2007. Due to the
complexity of this proposed action, we
extended the comment period to May 9,
2007 to allow the public ample
opportunity to comment (72 FR 14760;
March 29, 2007).
At the time of this proposal, Wyoming
had not provided an adequate regulatory
framework to ensure conservation of a
recovered wolf population into the
foreseeable future (for more information,
see our 12-month finding on Wyoming’s
petition to establish and delist the NRM
gray wolf population (71 FR 43410;
August 1, 2006) at https://www.fws.gov/
mountain-prairie/species/mammals/
wolf/FR08012006.pdf). Therefore, in the
preamble we indicated we would
consider excluding the significant
portion of the range of the NRM DPS
occurring in Wyoming, outside
Yellowstone National Park, John D.
Rockefeller Jr. Memorial Parkway, and
Grand Teton National Park (hereafter
collectively referred to as National
Parks) from the delisting. This
alternative in the preamble also
considered delisting the wolf on
National Park Service lands and in those
portions of Wyoming not determined to
be a significant portion of the range. The
exact boundaries are described in the
proposed rule (72 FR 6119; February 8,
2007). A map can be found at
https://www.fws.gov/mountain-prairie/
species/mammals/wolf/
wyomingwolves2006.pdf. However, the
rule proposed to delist all of the NRM
DPS if Wyoming adopted a State law
and wolf management plan that the
Service determined to be in compliance
with the Act (72 FR 6138; February 8,
2007).
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New Information
In February 2007, the Wyoming
governor signed legislation (Wyoming
House Bill 213) that proposes to revise
Wyoming State statutes pertaining to
wolf management. If this were to
become effective, it would appear to
allow for adequate wolf management by
the Wyoming Game and Fish
Department (WGFD). Furthermore, in
May 2007, the Governor of Wyoming
stated it was appropriate to analyze a
revised wolf management plan that
would maintain a recovered wolf
population for the foreseeable future
(Freudenthal 2007). This draft wolf
management plan requires final State
approval from the Wyoming Game and
Fish Commission (Commission) and
may require further legislative action so
that certain recent changes in State law
could become effective.
The legislation contains a list of
actions that are to occur for the law to
become effective. These actions are
summarized below and may be viewed
in the House bill at https://gf.state.wy.us/
downloads/pdf/HB0213%
202007%20Wolf%20Engrossed.pdf.
(1) On or before February 29, 2008,
the Service shall have published the
final rule to delist the gray wolf in the
entire State of Wyoming; and
(2) The Service has either published
a final rule modifying the existing 2005
special regulation under section 10(j) of
the Act or has executed an agreement
with the State of Wyoming that provides
adequate protection for Wyoming’s wild
ungulates; and
(3) All claims in the lawsuit brought
by the State of Wyoming contesting the
Service’s actions finding Wyoming’s
statute and plan inadequate have been
resolved or settled; and
(4) The governor of Wyoming shall
certify to the Secretary of State of
Wyoming that the actions described in
the statute have occurred.
The revised wolf management plan
provides that the designation of wolves
as a trophy game animal shall include
any gray wolf within the boundaries
that are now consistent with those the
Service has deemed necessary for
maintaining a recovered wolf
population. For specific boundaries, see
the House bill at the above website and
the revised management plan.
When effective, this law and wolf
management plan would commit the
State to maintain at least 15 breeding
pairs in the northwestern portion of the
State including the National Parks, with
7 of these breeding pairs occupying
areas outside the National Parks. The
State of Wyoming would ensure that
Wyoming’s wolf population, including
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wolves in National Parks, never drops
below 10 breeding pairs and 100 wolves
(WGFD 2007, p. 1). Furthermore, the
plan now incorporates the Service’s
definition of a breeding pair as an adult
male and female raising two or more
pups-of-the-year until December 31
(WGFD 2007, pp. 1–3; 72 FR 6129,
February 8, 2007).
Under this law and plan, if the NRM
DPS is delisted, Wyoming would
designate the gray wolf as a trophy game
animal in the area that conforms to our
determination of the significant portion
of the range in Wyoming (72 FR 6119;
February 8, 2007). Outside this area in
Wyoming, wolves would be classified as
predatory animals (WGFD 2007, pp. 1,
2, 4, 5, 10). These designations would
remain constant regardless of changes in
the number of breeding pairs in the
State.
Since the State does not have the legal
authority to manage wolves within the
National Parks, its management
emphasis would be applied to
maintaining seven breeding pairs that
primarily inhabit areas outside the
National Parks (WGFD 2007, p. 10).
Because the State also does not have any
authority to manage wildlife occurring
on the Wind River Reservation, the
Tribes are not obligated under the
State’s wolf management plan to
manage for a specific number of wolves.
Any breeding pairs that might become
established on the reservation would
not reduce Wyoming’s commitment to
maintain at least seven breeding pairs
outside the National Parks in
northwestern Wyoming. WGFD will
continue to coordinate with appropriate
authorities on the Reservation for the
purpose of developing mutually
agreeable wolf management objectives
(WGFD 2007, p. 10).
The wolf trophy game area would be
designated as the Northwest Wyoming
Wolf Data Analysis Unit (DAU) and
would consist of three wolf management
units (WMU). WGFD uses such an
approach to manage all other species of
big game and trophy game animals. The
DAU is used to manage a population of
animals, while WMUs are used to
manage specific harvest objectives
within the DAU. Wolves that occupy the
DAU would be actively managed, and
public take would be regulated under
appropriate State statutes and
Commission regulations at the WMU
level to ensure that at least seven
breeding pairs occupy this DAU (WGFD
2007, p. 10). The size of the DAU would
allow for some flexibility where the
minimum of seven breeding pairs would
be maintained. In the event pack
densities need to be reduced in one area
to minimize wildlife or livestock
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conflicts, WGFD would manage for
replacement breeding pairs in an area
within the DAU that is more suitable for
wolves (WGFD 2007, p. 11).
Hunting and trapping regulations
would be implemented through the
same rulemaking processes used for
other trophy game animals in Wyoming
and would include public input. WGFD
may use a variety of harvest regimes,
including harvest quotas, to maintain at
least seven breeding pairs of wolves
outside the National Parks. Seasons
would be closed when the mortality
quota is reached, or if the Commission
deems it necessary to limit take in
additional areas that are designated for
trophy game animal protection. The
wolf management plan states that, as
with mountain lions (Puma concolor)
and black bears (Ursus americanus),
license sales would not be restricted
unless limited quota harvest regimes are
necessary. We anticipate that a limited
harvest quota would likely be necessary
for WGFD to maintain at least seven
breeding pairs outside the National
Parks in northwestern Wyoming. Wolf
mortality quotas would be based on
desired pack densities for each WMU
and total numbers of packs at the DAU
level (WGFD 2007, p. 15).
It is currently unlawful in Wyoming
to take trophy game animals by
trapping. However, if delisted, gray
wolves classified as trophy game
animals could be legally trapped as set
forth by Wyoming Statute 23–2–303(d).
In the event of delisting, WGFD would
first need to adopt regulations setting
forth the specifications for traps and
snares used for the taking of gray wolves
(WGFD 2007, p. 16).
In recognition of the importance of
sufficient dispersal and exchange of
wolves in maintaining genetic
variability, WGFD would not remove
lone wolves dispersing through areas
outside of the trophy game area unless
conflicts with human activities arise.
However, wolves in these areas may be
subject to liberal public take regulations.
Public education efforts would
emphasize that lone wolf sightings do
not necessarily mean a pack is forming
in the area (WGFD 2007, p. 17).
The wolf management plan
emphasizes that interagency efforts to
maintain linkage zones and movement
corridors in the northern Rockies for
grizzly bears (Ursus arctos horribilis),
forest carnivores, and big game will also
benefit wolves. WGFD commits, to the
extent practicable, to ensure that genetic
and connectivity issues do not threaten
Wyoming’s wolf population.
Conservation measures could include,
but would not be limited to, working
with other States to promote natural
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dispersal into and within various
portions of the Greater Yellowstone
Area, and, if necessary, by relocation or
translocation (WGFD 2007, p. 17).
Under the new wolf management
plan, WGFD would monitor the number
of breeding pairs residing in Wyoming,
regardless of legal classification, and
document their distribution,
reproduction, and mortality. WGFD
would be responsible for monitoring
these parameters in all occupied habitat
outside of National Parks, the National
Elk Refuge, and the Wind River
Reservation. The National Park Service
intends to continue to monitor wolves
inside the National Parks, and the
Service intends to monitor wolves on
the National Elk Refuge. WGFD would
coordinate and share monitoring data
with these agencies, Montana, Idaho,
and Tribes. WGFD would monitor
wolves outside the DAU less intensively
(WGFD 2007, p. 12).
In conclusion, it appears the
regulatory framework provided by the
State statute and proposed revised wolf
management plan, would if adopted,
provide assurance that Wyoming’s share
of the tri-State NRM wolf population
would be maintained above recovery
levels into the foreseeable future and
that a significant portion of the range in
Wyoming would continue to be
occupied by wolf packs. This type of
management framework is consistent in
its general principles with those already
adopted and accepted as being adequate
regulatory frameworks for delisting
wolves in the States of Minnesota,
Michigan, Wisconsin, Montana, and
Idaho. The plan would provide
adequate assurances that a viable wolf
population would be maintained in the
NRM DPS. However, if the statute does
not go into effect or if the plan is not
adopted by the Commission, our final
rulemaking could employ the
alternative described in the preamble to
the February 18, 2007, proposed rule to
keep wolves in the significant portion of
their range (outside the National Parks)
in Wyoming as a nonessential
experimental population with
continued protections under the Act.
The February 8, 2007, proposed rule
may be viewed at https://www.fws.gov/
mountain-prairie/species/mammals/
wolf/
NRM_wolf_DPS_%2002082007.pdf. The
revised draft Wyoming wolf
management plan may be viewed at
https://gf.state.wy.us/wildlife/
wildlife_management/wolf/index.asp.
In addition to having new information
regarding State management of wolves
in Wyoming, the Wind River
Reservation recently submitted a wolf
management plan to us for approval.
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Wolf management on Tribal lands
within the NRM DPS will be beneficial,
but is not necessary to either achieving
or maintaining a recovered wolf
population in the NRM (72 FR 6135;
February 8, 2007).
The Wind River Reservation occurs
just outside the significant portion of
the range in northwestern Wyoming and
currently does not solely support any
breeding pairs, although two adjacent
packs range inside the reservation
boundary (Shoshone and Arapahoe
Tribal Fish and Game Department 2007,
pp. 4–5). As such, the Shoshone and
Arapahoe Tribal Fish and Game
Department has prepared a wolf
management plan for the reservation for
our review.
We have approved the Tribal plan
because it is consistent with
maintaining a recovered population of
wolves in Wyoming after delisting and
the guidelines of the 2005 10(j) rule
(King 2007). Our approval of the plan
provides the Shoshone and Arapahoe
Tribal Fish and Game Department with
the ability to manage listed wolves
according to provisions for controlling
problem wolves in our 2005 special
regulation under section 10(j) of the Act
(70 FR 1286, January 6, 2005). If the
wolf is delisted, the Shoshone and
Arapahoe Tribal Fish and Game
Department would designate it as a
game animal and would establish
hunting and trapping seasons (Shoshone
and Arapahoe Tribal Fish and Game
Department 2007, p. 9). The Shoshone
and Arapahoe Tribal Fish and Game
Department would not manage for a
specific number of breeding pairs
(Shoshone and Arapahoe Tribal Fish
and Game Department 2007, p. 9),
because the Wind River Reservation is
not considered essential to maintaining
a recovered wolf population in
Wyoming. Any wolves that establish
themselves on the reservation would be
in addition to those managed by the
State of Wyoming for maintaining a
recovered population.
The Wind River Reservation plan may
be viewed at: https://www.fws.gov/
mountain-prairie/species/mammals/
wolf/Wind_River_Res_
Wolf_Plan_20070413.pdf.
Public Hearing and Comments
We intend that any final action
resulting from the proposal will be as
accurate and as effective as possible.
Therefore, we solicit comments or
suggestions from the public, concerned
governmental agencies, the scientific
community, industry, or any other
interested party concerning the
proposed rule. Specifically, we seek
information, data, and comments
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concerning the proposed delisting of all
of the NRM DPS throughout Wyoming
considering the adequacy of Wyoming’s
regulatory framework as represented by
its revised State law, if adopted, and
State and Tribal wolf management
plans.
If you previously submitted
comments on the delisting proposal,
please do not resubmit them, as we have
already incorporated them into the
public record and will fully consider
them in our final decision. However, we
welcome any new comments pertaining
to the proposed delisting throughout
Wyoming in light of the new regulatory
framework.
You may submit comments as
indicated under ADDRESSES. If you wish
to submit comments by e-mail, please
submit them in ASCII file format and
avoid the use of special characters and
any form of encryption.
Due to the high level of interest in this
rulemaking process, we may post
comments on our Web site. Before
including your address, phone number,
e-mail address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Comments and other information
received, as well as supporting
information used to write the proposed
rule, will be available for public
inspection, by appointment, during
normal business hours at the Helena,
Montana Field Office (see ADDRESSES).
In making a final decision on the
proposal, we will take into
consideration the comments and any
additional information we receive. Such
communications may lead to a final
regulation that differs from the proposal.
Anyone wishing to make an oral
statement at the public hearing for the
record is encouraged to provide a
written copy of their statement to us at
the hearing. In the event there is a large
attendance, the time allotted for oral
statements may be limited. Speakers can
sign up only at the open houses and
hearings. Oral and written statements
receive equal consideration. There are
no limits on the length of written
comments submitted to us. If you have
any questions concerning the public
hearing or need reasonable
accommodations to attend and
participate in the public hearing, please
contact Sharon Rose at (303) 236–4580
as soon as possible, but no later than 1
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week to before the hearing date, to allow
sufficient time to process requests.
Information regarding the proposal is
available in alternative formats upon
request.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: June 28, 2007.
Kevin Adams,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 07–3273 Filed 7–2–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AV39
Endangered and Threatened Wildlife
and Plants; Proposed Revision of
Special Regulation for the Central
Idaho and Yellowstone Area
Nonessential Experimental
Populations of Gray Wolves in the
Northern Rocky Mountains
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
rmajette on PROD1PC64 with PROPOSALS
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose
revisions to the 2005 special rule for the
central Idaho and Yellowstone area
nonessential experimental population of
the gray wolf (Canis lupus) in the
northern Rocky Mountains (NRM).
Specifically, this rule proposes to
modify the definition of ‘‘unacceptable
impacts’’ to wild ungulate populations
so that States and Tribes with Serviceapproved post-delisting wolf
management plans can better address
the impacts of a biologically recovered
wolf population on ungulate
populations and herds while wolves
remain listed. We also propose to
modify the 2005 special rule to allow
private citizens in States or on Tribal
lands with approved post-delisting wolf
management plans to take wolves that
are in the act of attacking their stock
animals or dogs. All other provisions of
the 2005 special rule, including the
process to obtain Service approval and
the conditions for reporting all wolf
take, would remain unchanged. As
under the existing terms of the 2005
special rule, these proposed
modifications would not apply with
respect to States or Tribes without
approved post-delisting wolf
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management plans and would not
impact wolves outside the Yellowstone
or central Idaho nonessential
experimental population areas. A draft
environmental assessment will be
prepared on this proposed action.
DATES: Comments from all parties on
both the proposal and the draft
environmental assessment must be
received by August 6, 2007. We will
hold three public hearings on this
proposed rule in July. See
SUPPLEMENTARY INFORMATION for the
dates, times, and locations.
ADDRESSES: If you wish to comment,
you may submit comments and
materials concerning this proposal,
identified by ‘‘RIN 1018–AV39,’’ by any
of the following methods:
1. You may mail or hand deliver
written comments to the U.S. Fish and
Wildlife Service, Western Gray Wolf
Recovery Coordinator, 585 Shepard
Way, Helena, Montana 59601;
2. You may send comments by
electronic mail (e-mail) directly to the
Service at WolfRuleChange@fws.gov.
Include ‘‘RIN number 1018–Av39’’ in
the subject line of the message. See the
Public Comments Solicited section
below for file format for electronic
filing; or
3. You may submit your comments
through the Federal e-Rulemaking
Portal—https://www.regulations.gov.
Follow the instructions for submitting
comments.
Comments and materials received, as
well as supporting documentation used
in preparation of this proposed action,
will be available for inspection
following the close of the comment
period, by appointment, during normal
business hours, at our Helena office (see
ADDRESSES).
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.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action
resulting from this proposal will be as
accurate and as effective as possible.
Therefore, data, comments, new
information, or suggestions from the
public, other concerned governmental
agencies, the scientific community,
industry, or any other interested party
concerning this proposed rule are
hereby solicited. We particularly seek
comments concerning (1) our proposed
modifications to the 2005 experimental
population rule to allow private citizens
to take wolves in the act of attacking
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their stock animals or dogs; and (2) our
establishing a reasonable process for
States and Tribes with approved postdelisting wolf management plans to
allow removal of wolves that are
scientifically demonstrated to be
impacting ungulate populations to the
degree that they are not meeting
respective State and Tribal management
goals. We specifically ask for comments
regarding whether the proposed
modifications would reasonably address
conflicts between wolves and domestic
animals or wild ungulate populations;
would provide sufficient safeguards to
prevent misuse of the modified rule;
would provide an appropriate and
transparent public process that ensures
decisions are science-based; and would
provide adequate guarantees that wolf
recovery will not be compromised.
If you wish to comment, you may
submit your comments and materials
concerning this proposed rule by any
one of several methods, as listed above
in the ADDRESSES section. If you submit
comments by e-mail, please submit
them in ASCII file format and avoid the
use of special characters and
encryption. Please note that the e-mail
address will be closed at the termination
of the public comment period.
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours. Before
including your address, phone number,
e-mail address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Comments and materials received
will be available for public inspection,
by appointment, during normal business
hours (see ADDRESSES section).
Peer Review
In accordance with our joint policy
published in the Federal Register on
July 1, 1994 (59 FR 34270), and the
Office of Management and Budget’s
(OMB) Final Information Quality
Bulletin for Peer Review, dated
December 16, 2004, we will seek
independent review of the science in
this rule. The purpose of such review is
to ensure that our final rule is based on
scientifically sound data, assumptions,
and analyses. We will send peer
reviewers copies of this proposed rule
immediately following publication in
the Federal Register. We will invite
these peer reviewers to comment,
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[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Proposed Rules]
[Pages 36939-36942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3273]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU53
Endangered and Threatened Wildlife and Plants; 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: Proposed rule; reopening of comment period; notice of public
hearing.
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SUMMARY: The U.S. Fish and Wildlife Service (Service, we or us)
announces the reopening of the comment period for the proposed rule to
establish a distinct population segment (DPS) of the gray wolf (Canis
lupis) in the Northern Rocky Mountains (NRM) of the United States and
to remove the gray wolf in the NRM DPS from the List of Endangered and
Threatened Wildlife under the Endangered Species Act of 1973, as
amended (Act). The State of Wyoming has a new statute and has advised
the Service that it is appropriate to analyze a new draft wolf
management plan that the Service believes could allow the wolves in
northwestern Wyoming outside the National Parks to be removed from the
protections of the Act. We are reopening the proposal's comment period
to ensure that the public has full access to, and an opportunity to
comment on, the proposed rule in light of this new information. We also
announce the location and time of an additional public hearing to
receive public comments on the proposal in light of the new
information. If you have previously submitted comments, please do not
resubmit them because we have already incorporated them in the public
record and will fully consider them in our final decision.
DATES: The public comment period is reopened until August 6, 2007. We
may not consider any comments we receive after the closing date. We
will hold a public hearing on this proposed rule on July 17, 2007. For
more information, see ``Public Hearing and Comments'' below.
Public Hearing
An open house (a brief presentation about the proposed rule and
revised plan with a question and answer period) will be held from 4:30
p.m. to 5:30 p.m., and will be followed by a public hearing from 5:30
p.m. to 8:30 p.m., on July 17, 2007, at the Cody Auditorium Facility,
1240 Beck Avenue, Cody, WY 82414.
ADDRESSES: If you wish to comment, you may submit comments and
materials concerning this proposal, identified by ``RIN number 1018-
AU53,'' by any of the following methods:
1. You may submit comments through the Federal e-Rulemaking Portal
at https://www.regulations.gov. Follow the instructions for submitting
comments.
2. You may send comments by electronic mail (email) directly to the
Service at WesternGrayWolf@fws.gov. Include ``RIN number 1018-AU53'' in
the subject line of the message.
3. You may mail or hand-deliver comments to the U.S. Fish and
Wildlife Service, Western Gray Wolf Recovery Coordinator, 585 Shepard
Way, Helena, MT 59601.
Comments and materials received, as well as supporting
documentation used in preparation of this proposed action, will be
available for inspection following the close of the comment period, by
appointment, during normal business hours, at our Helena office at the
address above.
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.
Persons who use a Telecommunications Device for the Deaf may call the
Federal Information Relay Service at (800) 877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2007, we published a proposal to establish a DPS of
the gray wolf in the NRM of the United States and to remove the NRM DPS
from the List of Threatened and Endangered Wildlife (72 FR 6106) if
Wyoming adopted a state law and management plan that adequately
conserved wolves. The initial comment period on this proposal was open
from February 8, 2007 to April 9, 2007. Due to the complexity of this
proposed action, we extended the comment period to May 9, 2007 to allow
the public ample opportunity to comment (72 FR 14760; March 29, 2007).
At the time of this proposal, Wyoming had not provided an adequate
regulatory framework to ensure conservation of a recovered wolf
population into the foreseeable future (for more information, see our
12-month finding on Wyoming's petition to establish and delist the NRM
gray wolf population (71 FR 43410; August 1, 2006) at https://
www.fws.gov/mountain-prairie/species/mammals/wolf/FR08012006.pdf).
Therefore, in the preamble we indicated we would consider excluding the
significant portion of the range of the NRM DPS occurring in Wyoming,
outside Yellowstone National Park, John D. Rockefeller Jr. Memorial
Parkway, and Grand Teton National Park (hereafter collectively referred
to as National Parks) from the delisting. This alternative in the
preamble also considered delisting the wolf on National Park Service
lands and in those portions of Wyoming not determined to be a
significant portion of the range. The exact boundaries are described in
the proposed rule (72 FR 6119; February 8, 2007). A map can be found at
https://www.fws.gov/mountain-prairie/species/mammals/wolf/
wyomingwolves2006.pdf. However, the rule proposed to delist all of the
NRM DPS if Wyoming adopted a State law and wolf management plan that
the Service determined to be in compliance with the Act (72 FR 6138;
February 8, 2007).
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New Information
In February 2007, the Wyoming governor signed legislation (Wyoming
House Bill 213) that proposes to revise Wyoming State statutes
pertaining to wolf management. If this were to become effective, it
would appear to allow for adequate wolf management by the Wyoming Game
and Fish Department (WGFD). Furthermore, in May 2007, the Governor of
Wyoming stated it was appropriate to analyze a revised wolf management
plan that would maintain a recovered wolf population for the
foreseeable future (Freudenthal 2007). This draft wolf management plan
requires final State approval from the Wyoming Game and Fish Commission
(Commission) and may require further legislative action so that certain
recent changes in State law could become effective.
The legislation contains a list of actions that are to occur for
the law to become effective. These actions are summarized below and may
be viewed in the House bill at https://gf.state.wy.us/downloads/pdf/
HB0213%202007%20Wolf%20Engrossed.pdf.
(1) On or before February 29, 2008, the Service shall have
published the final rule to delist the gray wolf in the entire State of
Wyoming; and
(2) The Service has either published a final rule modifying the
existing 2005 special regulation under section 10(j) of the Act or has
executed an agreement with the State of Wyoming that provides adequate
protection for Wyoming's wild ungulates; and
(3) All claims in the lawsuit brought by the State of Wyoming
contesting the Service's actions finding Wyoming's statute and plan
inadequate have been resolved or settled; and
(4) The governor of Wyoming shall certify to the Secretary of State
of Wyoming that the actions described in the statute have occurred.
The revised wolf management plan provides that the designation of
wolves as a trophy game animal shall include any gray wolf within the
boundaries that are now consistent with those the Service has deemed
necessary for maintaining a recovered wolf population. For specific
boundaries, see the House bill at the above website and the revised
management plan.
When effective, this law and wolf management plan would commit the
State to maintain at least 15 breeding pairs in the northwestern
portion of the State including the National Parks, with 7 of these
breeding pairs occupying areas outside the National Parks. The State of
Wyoming would ensure that Wyoming's wolf population, including wolves
in National Parks, never drops below 10 breeding pairs and 100 wolves
(WGFD 2007, p. 1). Furthermore, the plan now incorporates the Service's
definition of a breeding pair as an adult male and female raising two
or more pups-of-the-year until December 31 (WGFD 2007, pp. 1-3; 72 FR
6129, February 8, 2007).
Under this law and plan, if the NRM DPS is delisted, Wyoming would
designate the gray wolf as a trophy game animal in the area that
conforms to our determination of the significant portion of the range
in Wyoming (72 FR 6119; February 8, 2007). Outside this area in
Wyoming, wolves would be classified as predatory animals (WGFD 2007,
pp. 1, 2, 4, 5, 10). These designations would remain constant
regardless of changes in the number of breeding pairs in the State.
Since the State does not have the legal authority to manage wolves
within the National Parks, its management emphasis would be applied to
maintaining seven breeding pairs that primarily inhabit areas outside
the National Parks (WGFD 2007, p. 10). Because the State also does not
have any authority to manage wildlife occurring on the Wind River
Reservation, the Tribes are not obligated under the State's wolf
management plan to manage for a specific number of wolves. Any breeding
pairs that might become established on the reservation would not reduce
Wyoming's commitment to maintain at least seven breeding pairs outside
the National Parks in northwestern Wyoming. WGFD will continue to
coordinate with appropriate authorities on the Reservation for the
purpose of developing mutually agreeable wolf management objectives
(WGFD 2007, p. 10).
The wolf trophy game area would be designated as the Northwest
Wyoming Wolf Data Analysis Unit (DAU) and would consist of three wolf
management units (WMU). WGFD uses such an approach to manage all other
species of big game and trophy game animals. The DAU is used to manage
a population of animals, while WMUs are used to manage specific harvest
objectives within the DAU. Wolves that occupy the DAU would be actively
managed, and public take would be regulated under appropriate State
statutes and Commission regulations at the WMU level to ensure that at
least seven breeding pairs occupy this DAU (WGFD 2007, p. 10). The size
of the DAU would allow for some flexibility where the minimum of seven
breeding pairs would be maintained. In the event pack densities need to
be reduced in one area to minimize wildlife or livestock conflicts,
WGFD would manage for replacement breeding pairs in an area within the
DAU that is more suitable for wolves (WGFD 2007, p. 11).
Hunting and trapping regulations would be implemented through the
same rulemaking processes used for other trophy game animals in Wyoming
and would include public input. WGFD may use a variety of harvest
regimes, including harvest quotas, to maintain at least seven breeding
pairs of wolves outside the National Parks. Seasons would be closed
when the mortality quota is reached, or if the Commission deems it
necessary to limit take in additional areas that are designated for
trophy game animal protection. The wolf management plan states that, as
with mountain lions (Puma concolor) and black bears (Ursus americanus),
license sales would not be restricted unless limited quota harvest
regimes are necessary. We anticipate that a limited harvest quota would
likely be necessary for WGFD to maintain at least seven breeding pairs
outside the National Parks in northwestern Wyoming. Wolf mortality
quotas would be based on desired pack densities for each WMU and total
numbers of packs at the DAU level (WGFD 2007, p. 15).
It is currently unlawful in Wyoming to take trophy game animals by
trapping. However, if delisted, gray wolves classified as trophy game
animals could be legally trapped as set forth by Wyoming Statute 23-2-
303(d). In the event of delisting, WGFD would first need to adopt
regulations setting forth the specifications for traps and snares used
for the taking of gray wolves (WGFD 2007, p. 16).
In recognition of the importance of sufficient dispersal and
exchange of wolves in maintaining genetic variability, WGFD would not
remove lone wolves dispersing through areas outside of the trophy game
area unless conflicts with human activities arise. However, wolves in
these areas may be subject to liberal public take regulations. Public
education efforts would emphasize that lone wolf sightings do not
necessarily mean a pack is forming in the area (WGFD 2007, p. 17).
The wolf management plan emphasizes that interagency efforts to
maintain linkage zones and movement corridors in the northern Rockies
for grizzly bears (Ursus arctos horribilis), forest carnivores, and big
game will also benefit wolves. WGFD commits, to the extent practicable,
to ensure that genetic and connectivity issues do not threaten
Wyoming's wolf population. Conservation measures could include, but
would not be limited to, working with other States to promote natural
[[Page 36941]]
dispersal into and within various portions of the Greater Yellowstone
Area, and, if necessary, by relocation or translocation (WGFD 2007, p.
17).
Under the new wolf management plan, WGFD would monitor the number
of breeding pairs residing in Wyoming, regardless of legal
classification, and document their distribution, reproduction, and
mortality. WGFD would be responsible for monitoring these parameters in
all occupied habitat outside of National Parks, the National Elk
Refuge, and the Wind River Reservation. The National Park Service
intends to continue to monitor wolves inside the National Parks, and
the Service intends to monitor wolves on the National Elk Refuge. WGFD
would coordinate and share monitoring data with these agencies,
Montana, Idaho, and Tribes. WGFD would monitor wolves outside the DAU
less intensively (WGFD 2007, p. 12).
In conclusion, it appears the regulatory framework provided by the
State statute and proposed revised wolf management plan, would if
adopted, provide assurance that Wyoming's share of the tri-State NRM
wolf population would be maintained above recovery levels into the
foreseeable future and that a significant portion of the range in
Wyoming would continue to be occupied by wolf packs. This type of
management framework is consistent in its general principles with those
already adopted and accepted as being adequate regulatory frameworks
for delisting wolves in the States of Minnesota, Michigan, Wisconsin,
Montana, and Idaho. The plan would provide adequate assurances that a
viable wolf population would be maintained in the NRM DPS. However, if
the statute does not go into effect or if the plan is not adopted by
the Commission, our final rulemaking could employ the alternative
described in the preamble to the February 18, 2007, proposed rule to
keep wolves in the significant portion of their range (outside the
National Parks) in Wyoming as a nonessential experimental population
with continued protections under the Act.
The February 8, 2007, proposed rule may be viewed at https://
www.fws.gov/mountain-prairie/species/mammals/wolf/NRM_wolf_DPS_
%2002082007.pdf. The revised draft Wyoming wolf management plan may be
viewed at https://gf.state.wy.us/wildlife/wildlife_management/wolf/
index.asp.
In addition to having new information regarding State management of
wolves in Wyoming, the Wind River Reservation recently submitted a wolf
management plan to us for approval. Wolf management on Tribal lands
within the NRM DPS will be beneficial, but is not necessary to either
achieving or maintaining a recovered wolf population in the NRM (72 FR
6135; February 8, 2007).
The Wind River Reservation occurs just outside the significant
portion of the range in northwestern Wyoming and currently does not
solely support any breeding pairs, although two adjacent packs range
inside the reservation boundary (Shoshone and Arapahoe Tribal Fish and
Game Department 2007, pp. 4-5). As such, the Shoshone and Arapahoe
Tribal Fish and Game Department has prepared a wolf management plan for
the reservation for our review.
We have approved the Tribal plan because it is consistent with
maintaining a recovered population of wolves in Wyoming after delisting
and the guidelines of the 2005 10(j) rule (King 2007). Our approval of
the plan provides the Shoshone and Arapahoe Tribal Fish and Game
Department with the ability to manage listed wolves according to
provisions for controlling problem wolves in our 2005 special
regulation under section 10(j) of the Act (70 FR 1286, January 6,
2005). If the wolf is delisted, the Shoshone and Arapahoe Tribal Fish
and Game Department would designate it as a game animal and would
establish hunting and trapping seasons (Shoshone and Arapahoe Tribal
Fish and Game Department 2007, p. 9). The Shoshone and Arapahoe Tribal
Fish and Game Department would not manage for a specific number of
breeding pairs (Shoshone and Arapahoe Tribal Fish and Game Department
2007, p. 9), because the Wind River Reservation is not considered
essential to maintaining a recovered wolf population in Wyoming. Any
wolves that establish themselves on the reservation would be in
addition to those managed by the State of Wyoming for maintaining a
recovered population.
The Wind River Reservation plan may be viewed at: https://
www.fws.gov/mountain-prairie/species/mammals/wolf/Wind_River_Res_
Wolf_Plan_20070413.pdf.
Public Hearing and Comments
We intend that any final action resulting from the proposal will be
as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning the proposed rule. Specifically, we seek information,
data, and comments concerning the proposed delisting of all of the NRM
DPS throughout Wyoming considering the adequacy of Wyoming's regulatory
framework as represented by its revised State law, if adopted, and
State and Tribal wolf management plans.
If you previously submitted comments on the delisting proposal,
please do not resubmit them, as we have already incorporated them into
the public record and will fully consider them in our final decision.
However, we welcome any new comments pertaining to the proposed
delisting throughout Wyoming in light of the new regulatory framework.
You may submit comments as indicated under ADDRESSES. If you wish
to submit comments by e-mail, please submit them in ASCII file format
and avoid the use of special characters and any form of encryption.
Due to the high level of interest in this rulemaking process, we
may post comments on our Web site. Before including your address, phone
number, e-mail address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Comments and other information received, as well as supporting
information used to write the proposed rule, will be available for
public inspection, by appointment, during normal business hours at the
Helena, Montana Field Office (see ADDRESSES). In making a final
decision on the proposal, we will take into consideration the comments
and any additional information we receive. Such communications may lead
to a final regulation that differs from the proposal.
Anyone wishing to make an oral statement at the public hearing for
the record is encouraged to provide a written copy of their statement
to us at the hearing. In the event there is a large attendance, the
time allotted for oral statements may be limited. Speakers can sign up
only at the open houses and hearings. Oral and written statements
receive equal consideration. There are no limits on the length of
written comments submitted to us. If you have any questions concerning
the public hearing or need reasonable accommodations to attend and
participate in the public hearing, please contact Sharon Rose at (303)
236-4580 as soon as possible, but no later than 1
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week to before the hearing date, to allow sufficient time to process
requests. Information regarding the proposal is available in
alternative formats upon request.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: June 28, 2007.
Kevin Adams,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 07-3273 Filed 7-2-07; 8:45 am]
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