Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Northern Rocky Mountains in Compliance With a Court Order, 65574-65579 [2010-26765]
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 27,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 17, 2010.
Susan Hedman,
Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
[FR Doc. 2010–26963 Filed 10–25–10; 8:45 am]
2. Section 52.1870 is amended by
adding paragraph (c)(151) to read as
follows:
erowe on DSK5CLS3C1PROD with RULES
■
§ 52.1870
Ambient Air Quality Standards into a
single rule to provide greater
accessibility for the regulated
community and to the citizens of Ohio.
EPA is approving the request because
the revisions clarify the state’s rules and
thus better serve the purpose of
providing for meeting these standards.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–17–03 ‘‘Measurement methods
and procedures.’’, effective April 18,
2009.
(B) Ohio Administrative Code Rule
3745–17–14 ‘‘Contingency plan
requirements for Cuyahoga and Jefferson
counties.’’, effective April 18, 2009.
(C) Ohio Administrative Code Rule
3745–18–03 ‘‘Attainment dates and
compliance time schedules.’’, effective
April 18, 2009.
(D) Ohio Administrative Code Rule
3745–23–01 ‘‘Definitions.’’, effective
April 18, 2009.
(E) Ohio Administrative Code Rule
3745–23–02 ‘‘Methods of
measurement.’’, effective April 18, 2009.
(F) Ohio Administrative Code Rule
3745–25–01 ‘‘Definitions.’’, effective
April 18, 2009.
(G) Ohio Administrative Code Rule
3745–25–02 ‘‘Ambient air quality
standards.’’, effective April 18, 2009.
(H) Ohio Administrative Code Rule
3745–25–03 ‘‘Air pollution emergencies
and episode criteria.’’, effective August
21, 2009.
(I) Ohio Administrative Code Rule
3745–25–04 ‘‘Air pollution emergency
emission control action programs.’’,
effective April 18, 2009.
(J) Ohio Administrative Code Rule
3745–25–05 ‘‘Air pollution emergency
orders.’’, effective April 18, 2009.
(K) April 8, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
(L) August 11, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
BILLING CODE 6560–50–P
Identification of plan.
*
*
*
*
*
(c) * * *
(151) On September 10, 2009, Ohio
EPA submitted amendments to the OAC
with the intent to consolidate Ohio’s
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2010–0074;
92220–1113–0000; ABC Code: C6]
RIN 1018–AX37
Endangered and Threatened Wildlife
and Plants; Reinstatement of
Protections for the Gray Wolf in the
Northern Rocky Mountains in
Compliance With a Court Order
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order that has the effect of reinstating
the regulatory protections under the
Endangered Species Act of 1973, as
amended (ESA), for the gray wolf (Canis
lupus) in most of the northern Rocky
Mountains. Pursuant to the District of
Montana court order dated August 5,
2010, this rule corrects the gray wolf
listing for the northern half of Montana,
the northern panhandle of Idaho, the
eastern third of Washington and Oregon,
and north-central Utah as endangered
and reinstates the former special rules
designating the gray wolf in the
remainder of Montana and Idaho as
nonessential experimental populations.
Because ESA protections were not
removed in Wyoming by our April 2,
2009 (74 FR 15123), final delisting rule,
Wyoming is not impacted by this final
rule.
DATES: This action is effective October
26, 2010. However, the court order had
legal effect immediately upon its filing
at 2:43 p.m. Mountain Daylight Time on
August 5, 2010.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov. It will also be
available for inspection, by
appointment, during normal business
hours at U.S. Fish and Wildlife Service,
Office of the Western Gray Wolf
Recovery Coordinator, 585 Shepard
Way, Helena, Montana 59601. Call (406)
449–5225 to make arrangements.
FOR FURTHER INFORMATION CONTACT: For
information on wolves in the northern
Rocky Mountains, 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 speechimpaired may call the Federal Relay
SUMMARY:
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
Service at 1–800–877–8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2009, we published a final
rule to remove ESA protections across
most of the concurrently designated
northern Rocky Mountain (NRM) gray
wolf Distinct Population Segment (DPS)
(74 FR 15123). Additional background
information on the NRM gray wolf
population and on this decision,
including previous Federal actions, can
be found in our April 2, 2009, final rule.
Lawsuits challenging our final rule
were filed in U.S. District Court for the
District of Montana and U.S. District
Court for the District of Wyoming. On
August 5, 2010, the U.S. District Court
for the District of Montana vacated and
set aside our 2009 delisting rule
(Defenders of Wildlife et al. v. Salazar
et al., 9:09–cv–00077–DWM).
The decision reinstates Federal
protections that were in place prior to
our 2009 delisting. Therefore, wolves
are listed as endangered throughout the
former NRM DPS (43 FR 9607, March 9,
1978; 50 CFR 17.11(h)), except where
they are classified as experimental
populations (i.e., southern Montana,
Idaho south of Interstate 90, and all of
Wyoming) (59 FR 60252, November 22,
1994; 59 FR 60266, November 22, 1994;
70 FR 1286, January 6, 2005; 73 FR
4720, January 28, 2008; 50 CFR 17.84(i)
and (n)). Thus, take of wolves may be
authorized only by an experimental
population rule, a permit obtained
under section 10 of the ESA, or if
exempted by an incidental take
statement within a biological opinion
Administrative Procedure
This rulemaking is necessary to
comply with the August 5, 2010, court
order. Therefore, under these
circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b),
that prior notice and opportunity for
public comment are impractical and
unnecessary. The Director has further
determined, pursuant to 5 U.S.C. 553(d),
that the agency has good cause to make
this rule effective upon publication.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
In order to comply with the court
order discussed above, we amend part
17, subchapter B of chapter I, title 50 of
the CFR, as set forth below:
■
Effects of the Rule
As of the filing of the court order,
delisted wolves in Washington, Oregon,
Utah, the Idaho panhandle, and
northern Montana were again listed as
endangered (50 CFR 17.11(h)). Wolves
in southern Montana and Idaho south of
Interstate 90 are again listed as
nonessential experimental populations
under section 10(j) of the ESA (50 CFR
17.84(i) and (n)). Furthermore, the NRM
gray wolf DPS established by our April
2, 2009, final rule is set aside. Wolves
in Wyoming were not delisted by our
2009 final rule (74 FR 15123, April 2,
2009) and, thus, their listed status under
the ESA is not impacted by this final
decision. Wolves in Wyoming remain
Species
Historic range
Common name
listed as a nonessential experimental
population under section 10(j) of the
ESA (50 CFR 17.84(i) and (n)). The maps
in the rule portion of this document
illustrate the boundaries of the
nonessential experimental population
areas.
This rule will not affect the status of
the gray wolf in the NRM under State
laws or suspend any other legal
protections provided by State law. This
rule will not affect the gray wolf’s
Appendix II status under the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES).
issued by the Service pursuant to
section 7 of the ESA. We notified all
State, Federal, and Tribal partners of the
decision and its impact shortly after the
order was released. We also took steps
to ensure the public was aware of the
decision.
This action is independent of any
decision by the United States or any
interveners in the case to appeal the
August 5, 2010, Montana District Court
ruling.
Vertebrate population where endangered or threatened
*
*
U.S.A., conterminous (lower 48)
States, except MN and where
listed as an experimental population below; Mexico.
U.S.A. (MN) ...................................
U.S.A. (portions of ID and MT,
WY—see § 17.84(i) and (n)).
U.S.A. (portions of AZ, NM, and
TX—see § 17.84(k)).
Scientific name
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
2. Amend § 17.11 by revising the entry
in the table at paragraph (h) for ‘‘Wolf,
gray’’ as follows:
■
§ 17.11
*
[Amended]
*
*
(h) * * *
Status
*
When
listed
*
Critical
habitat
Special
rules
MAMMALS
*
Wolf, gray ...........
*
Canis lupus .......
*
Holarctic ............
Do .......................
Do .......................
......do ................
......do ................
......do ................
......do ................
Do .......................
......do ................
......do ................
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*
*
*
3. Amend § 17.84 by:
■ a. Revising paragraphs (i)(7)(i) and
(i)(7)(ii) and adding new paragraph
(i)(7)(iii); and
■
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*
b. Revising the first sentence of
paragraph (n)(1) and all of paragraphs
(n)(9)(i) and (n)(9)(ii) and adding new
paragraph (n)(9)(iii) to read as set forth
below.
Frm 00013
Fmt 4700
T
XN
Sfmt 4700
*
17.95(a)
XN
N/A
17.95(a)
N/A
35 ........
561,
562.
631 ......
*
■
PO 00000
*
1, 6, 13,
15, 35.
E
17.40(d)
17.84(i).
17.84(n).
17.84(k)
N/A
*
§ 17.84
*
Special rules—vertebrates.
*
*
(i) * * *
(7) * * *
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
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(i) The central Idaho area is shown on
the following map. The boundaries of
the nonessential experimental
population area will be those portions of
Idaho that are south of Interstate
Highway 90 and west of Interstate 15,
and those portions of Montana south of
Interstate 90, Highway 93 and 12 from
(ii) The Yellowstone Management
Area is shown on the following map.
The boundaries of the nonessential
experimental population area will be
that portion of Idaho that is east of
Interstate Highway 15; that portion of
Montana that is east of Interstate
Highway 15 and south of the Missouri
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Missoula, Montana, west of Interstate
15.
BILLING CODE 4310–55–P
River from Great Falls, Montana, to the
eastern Montana border; and all of
Wyoming.
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65576
(iii) All wolves found in the wild
within the boundaries of this paragraph
(i)(7) after the first releases will be
considered nonessential experimental
animals. In the conterminous United
States, a wolf that is outside an
experimental area (as defined in
paragraph (i)(7) of this section) would
be considered as endangered (or
threatened if in Minnesota) unless it is
marked or otherwise known to be an
experimental animal; such a wolf may
be captured for examination and genetic
testing by the Service or Servicedesignated agency. Disposition of the
captured animal may take any of the
following courses:
(A) If the animal was not involved in
conflicts with humans and is
determined likely to be an experimental
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wolf, it will be returned to the
reintroduction area.
(B) If the animal is determined likely
to be an experimental wolf and was
involved in conflicts with humans as
identified in the management plan for
the closest experimental area, it may be
relocated, placed in captivity, or killed.
(C) If the animal is determined not
likely to be an experimental animal, it
will be managed according to any
Service-approved plans for that area or
will be marked and released near its
point of capture.
(D) If the animal is determined not to
be a wild gray wolf or if the Service or
agencies designated by the Service
determine the animal shows physical or
behavioral evidence of hybridization
with other canids, such as domestic
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65577
dogs or coyotes, or of being an animal
raised in captivity, it will be returned to
captivity or killed.
*
*
*
*
*
(n) * * *
(1) The gray wolves (wolf) identified
in paragraphs (n)(9)(i) and (ii) of this
section are nonessential experimental
populations. * * *
*
*
*
*
*
(9) * * *
(i) The central Idaho NEP area is
shown on the following map. The
boundaries of the NEP area are those
portions of Idaho that are south of
Interstate Highway 90 and west of
Interstate 15, and those portions of
Montana south of Interstate 90,
Highways 93 and 12 from Missoula,
Montana, west of Interstate 15.
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
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(ii) The Yellowstone NEP is shown on
the following map. The boundaries of
the NEP area are that portion of Idaho
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that is east of Interstate Highway 15;
that portion of Montana that is east of
Interstate Highway 15 and south of the
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Missouri River from Great Falls,
Montana, to the eastern Montana border;
and all of Wyoming.
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65578
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
Dated: October 7, 2010.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
ACTION:
National Oceanic and Atmospheric
Administration
SUMMARY:
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XZ99
[FR Doc. 2010–26765 Filed 10–25–10; 8:45 am]
NMFS reduces the
commercial trip limit for king mackerel
in the northern Florida west coast
subzone to 500 lb (227 kg) of king
mackerel per day in or from the
exclusive economic zone (EEZ). This
trip limit reduction is necessary to
protect the Gulf king mackerel resource.
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic; Trip
Limit Reduction
DATES:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
BILLING CODE 4310–55–P
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Temporary rule; trip limit
reduction.
DEPARTMENT OF COMMERCE
(iii) All wolves found in the wild
within the boundaries of these
experimental areas are considered
nonessential experimental animals.
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
AGENCY:
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This rule is effective 12:01 a.m.,
local time, October 26, 2010, until
12:01 a.m., local time, July 1, 2011,
unless changed by further notice in the
Federal Register.
Susan Gerhart, telephone: 727–824–
5305, or e-mail:
susan.gerhart@noaa.gov.
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BILLING CODE 4310–55–C
65579
]]>Agencies
[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Pages 65574-65579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26765]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2010-0074; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX37
Endangered and Threatened Wildlife and Plants; Reinstatement of
Protections for the Gray Wolf in the Northern Rocky Mountains in
Compliance With a Court Order
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order that has the effect of
reinstating the regulatory protections under the Endangered Species Act
of 1973, as amended (ESA), for the gray wolf (Canis lupus) in most of
the northern Rocky Mountains. Pursuant to the District of Montana court
order dated August 5, 2010, this rule corrects the gray wolf listing
for the northern half of Montana, the northern panhandle of Idaho, the
eastern third of Washington and Oregon, and north-central Utah as
endangered and reinstates the former special rules designating the gray
wolf in the remainder of Montana and Idaho as nonessential experimental
populations. Because ESA protections were not removed in Wyoming by our
April 2, 2009 (74 FR 15123), final delisting rule, Wyoming is not
impacted by this final rule.
DATES: This action is effective October 26, 2010. However, the court
order had legal effect immediately upon its filing at 2:43 p.m.
Mountain Daylight Time on August 5, 2010.
ADDRESSES: This final rule is available on the Internet at https://www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, Office of the Western Gray Wolf Recovery Coordinator, 585
Shepard Way, Helena, Montana 59601. Call (406) 449-5225 to make
arrangements.
FOR FURTHER INFORMATION CONTACT: For information on wolves in the
northern Rocky Mountains, 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
[[Page 65575]]
Service at 1-800-877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2009, we published a final rule to remove ESA
protections across most of the concurrently designated northern Rocky
Mountain (NRM) gray wolf Distinct Population Segment (DPS) (74 FR
15123). Additional background information on the NRM gray wolf
population and on this decision, including previous Federal actions,
can be found in our April 2, 2009, final rule.
Lawsuits challenging our final rule were filed in U.S. District
Court for the District of Montana and U.S. District Court for the
District of Wyoming. On August 5, 2010, the U.S. District Court for the
District of Montana vacated and set aside our 2009 delisting rule
(Defenders of Wildlife et al. v. Salazar et al., 9:09-cv-00077-DWM).
The decision reinstates Federal protections that were in place
prior to our 2009 delisting. Therefore, wolves are listed as endangered
throughout the former NRM DPS (43 FR 9607, March 9, 1978; 50 CFR
17.11(h)), except where they are classified as experimental populations
(i.e., southern Montana, Idaho south of Interstate 90, and all of
Wyoming) (59 FR 60252, November 22, 1994; 59 FR 60266, November 22,
1994; 70 FR 1286, January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR
17.84(i) and (n)). Thus, take of wolves may be authorized only by an
experimental population rule, a permit obtained under section 10 of the
ESA, or if exempted by an incidental take statement within a biological
opinion issued by the Service pursuant to section 7 of the ESA. We
notified all State, Federal, and Tribal partners of the decision and
its impact shortly after the order was released. We also took steps to
ensure the public was aware of the decision.
This action is independent of any decision by the United States or
any interveners in the case to appeal the August 5, 2010, Montana
District Court ruling.
Administrative Procedure
This rulemaking is necessary to comply with the August 5, 2010,
court order. Therefore, under these circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b), that prior notice and
opportunity for public comment are impractical and unnecessary. The
Director has further determined, pursuant to 5 U.S.C. 553(d), that the
agency has good cause to make this rule effective upon publication.
Effects of the Rule
As of the filing of the court order, delisted wolves in Washington,
Oregon, Utah, the Idaho panhandle, and northern Montana were again
listed as endangered (50 CFR 17.11(h)). Wolves in southern Montana and
Idaho south of Interstate 90 are again listed as nonessential
experimental populations under section 10(j) of the ESA (50 CFR
17.84(i) and (n)). Furthermore, the NRM gray wolf DPS established by
our April 2, 2009, final rule is set aside. Wolves in Wyoming were not
delisted by our 2009 final rule (74 FR 15123, April 2, 2009) and, thus,
their listed status under the ESA is not impacted by this final
decision. Wolves in Wyoming remain listed as a nonessential
experimental population under section 10(j) of the ESA (50 CFR 17.84(i)
and (n)). The maps in the rule portion of this document illustrate the
boundaries of the nonessential experimental population areas.
This rule will not affect the status of the gray wolf in the NRM
under State laws or suspend any other legal protections provided by
State law. This rule will not affect the gray wolf's Appendix II status
under the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
In order to comply with the court order discussed above, we amend part
17, subchapter B of chapter I, title 50 of the CFR, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.11 by revising the entry in the table at paragraph
(h) for ``Wolf, gray'' as follows:
Sec. 17.11 [Amended]
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
--------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
MAMMALS
* * * * * * *
Wolf, gray..................... Canis lupus...... Holarctic........ U.S.A., conterminous E 1, 6, 13, 15, 35. 17.95(a) N/A
(lower 48) States,
except MN and where
listed as an
experimental
population below;
Mexico.
Do............................. ......do......... ......do......... U.S.A. (MN)........... T 35............... 17.95(a) 17.40(d)
Do............................. ......do......... ......do......... U.S.A. (portions of ID XN 561, 562......... N/A 17.84(i).
and MT, WY--see Sec. 17.84(n).
17.84(i) and (n)).
Do............................. ......do......... ......do......... U.S.A. (portions of XN 631.............. N/A 17.84(k)
AZ, NM, and TX--see
Sec. 17.84(k)).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 17.84 by:
0
a. Revising paragraphs (i)(7)(i) and (i)(7)(ii) and adding new
paragraph (i)(7)(iii); and
0
b. Revising the first sentence of paragraph (n)(1) and all of
paragraphs (n)(9)(i) and (n)(9)(ii) and adding new paragraph
(n)(9)(iii) to read as set forth below.
Sec. 17.84 Special rules--vertebrates.
* * * * *
(i) * * *
(7) * * *
[[Page 65576]]
(i) The central Idaho area is shown on the following map. The
boundaries of the nonessential experimental population area will be
those portions of Idaho that are south of Interstate Highway 90 and
west of Interstate 15, and those portions of Montana south of
Interstate 90, Highway 93 and 12 from Missoula, Montana, west of
Interstate 15.
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(ii) The Yellowstone Management Area is shown on the following map.
The boundaries of the nonessential experimental population area will be
that portion of Idaho that is east of Interstate Highway 15; that
portion of Montana that is east of Interstate Highway 15 and south of
the Missouri River from Great Falls, Montana, to the eastern Montana
border; and all of Wyoming.
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(iii) All wolves found in the wild within the boundaries of this
paragraph (i)(7) after the first releases will be considered
nonessential experimental animals. In the conterminous United States, a
wolf that is outside an experimental area (as defined in paragraph
(i)(7) of this section) would be considered as endangered (or
threatened if in Minnesota) unless it is marked or otherwise known to
be an experimental animal; such a wolf may be captured for examination
and genetic testing by the Service or Service-designated agency.
Disposition of the captured animal may take any of the following
courses:
(A) If the animal was not involved in conflicts with humans and is
determined likely to be an experimental wolf, it will be returned to
the reintroduction area.
(B) If the animal is determined likely to be an experimental wolf
and was involved in conflicts with humans as identified in the
management plan for the closest experimental area, it may be relocated,
placed in captivity, or killed.
(C) If the animal is determined not likely to be an experimental
animal, it will be managed according to any Service-approved plans for
that area or will be marked and released near its point of capture.
(D) If the animal is determined not to be a wild gray wolf or if
the Service or agencies designated by the Service determine the animal
shows physical or behavioral evidence of hybridization with other
canids, such as domestic dogs or coyotes, or of being an animal raised
in captivity, it will be returned to captivity or killed.
* * * * *
(n) * * *
(1) The gray wolves (wolf) identified in paragraphs (n)(9)(i) and
(ii) of this section are nonessential experimental populations. * * *
* * * * *
(9) * * *
(i) The central Idaho NEP area is shown on the following map. The
boundaries of the NEP area are those portions of Idaho that are south
of Interstate Highway 90 and west of Interstate 15, and those portions
of Montana south of Interstate 90, Highways 93 and 12 from Missoula,
Montana, west of Interstate 15.
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(ii) The Yellowstone NEP is shown on the following map. The
boundaries of the NEP area are that portion of Idaho that is east of
Interstate Highway 15; that portion of Montana that is east of
Interstate Highway 15 and south of the Missouri River from Great Falls,
Montana, to the eastern Montana border; and all of Wyoming.
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(iii) All wolves found in the wild within the boundaries of these
experimental areas are considered nonessential experimental animals.
* * * * *
Dated: October 7, 2010.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-26765 Filed 10-25-10; 8:45 am]
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