Endangered and Threatened Wildlife and Plants; Reclassifying the Wood Bison (Bison bison athabascae), 6734-6754 [2011-2529]
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input in person, by mail, e-mail, or
phone at any time during the
rulemaking process.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
January 13, 2011.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
January 13, 2011.
Steve Kessler,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2011–2679 Filed 2–7–11; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Drafting Information
Theo Matuskowitz drafted these
regulations under the guidance of Peter
J. Probasco of the Office of Subsistence
Management, Alaska Regional Office,
U.S. Fish and Wildlife Service,
Anchorage, Alaska. Additional
assistance was provided by:
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Sandy Rabinowitch and Nancy
Swanton, Alaska Regional Office,
National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Jerry Berg, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Steve Kessler, Alaska Regional
Office, U.S. Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
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Proposed Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 for the 2012–
13 and 2013–14 regulatory years. The
text of the proposed amendments to 36
CFR 242.24, 242.25, and 242.26 and 50
CFR 100.24, 100.25, and 100.26 is the
final rule for the 2010–12 regulatory
period (75 FR 37918; June 30, 2010), as
modified by any subsequent Federal
Subsistence Board action.
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50 CFR Part 17
[Docket No. FWS–R9–IA–2008–0123; MO
92210–1113FWDB B6]
RIN 1018–AI83
Endangered and Threatened Wildlife
and Plants; Reclassifying the Wood
Bison (Bison bison athabascae) Under
the Endangered Species Act as
Threatened Throughout Its Range
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule and notice of 12month petition finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
reclassify the wood bison (Bison bison
athabascae) from endangered to
threatened under the Endangered
Species Act of 1973, as amended (Act).
This proposed action is amended based
on a review of the best available
scientific and commercial data, which
indicate that the endangered
designation no longer correctly reflects
the status of the wood bison. This
proposal also constitutes our 12-month
finding on the petition to reclassify this
subspecies. We are seeking data and
comments from the public on this
proposed rule.
DATES: We must receive your written
comments on this proposed rule by
April 11, 2011 in order to consider
them. We must receive your written
request for a public hearing by March
25, 2011.
ADDRESSES: You may submit written
comments and other information by
either of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R9–
IA–2008–0123; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on
https://www.regulations.gov. This
SUMMARY:
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generally means that we will post any
personal information you provide us
(see the Public Comments section below
for more information).
FOR FURTHER INFORMATION CONTACT:
Marilyn Myers at U.S. Fish and Wildlife
Service, Fisheries and Ecological
Services, 1011 E. Tudor Road,
Anchorage, Alaska 99503, or telephone
907–786–3559 or by facsimile at (907)
786–3848. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from the public, other
concerned governmental agencies, the
scientific community, industry, or any
other interested party concerning this
proposed rule to reclassify the wood
bison as threatened. The comments that
will be most useful and likely to
influence our decisions are those that
are supported by data or peer-reviewed
studies and those that include citations
to, and analyses of, applicable laws and
regulations. Please make your comments
as specific as possible and explain the
basis for them. In addition, please
include sufficient information with your
comments (such as scientific journal
articles or other publications) to allow
us to authenticate any scientific or
commercial information you include.
We particularly seek comments
concerning:
(1) Information on taxonomy,
distribution, habitat selection and use,
food habits, population density and
trends, habitat trends, disease, and
effects of management on wood bison;
(2) Information on captive herds,
including efficacy of breeding and
reintroduction programs, origin of
parental stock, stock supplementation
for genetic purposes, growth rates, birth
and mortality rates in captivity, location
of captive herds in comparison to wild
populations, effects of captive breeding
on the species, and any other factors
from captive breeding that might affect
wild populations or natural habitat;
(3) Information on the adequacy of
existing regulatory mechanisms; trends
in domestic and international trade of
live specimens, sport-hunted trophies,
or other parts and products; poaching of
wild wood bison; illegal trade and
enforcement efforts and solutions; and
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oversight of reintroduction or
introduction programs;
(4) Information on the effects of other
potential threat factors, including
contaminants, changes of the
distribution and abundance of wild
populations, disease episodes within
wild and captive populations, large
mortality events, the effects of climate
change, or negative effects resulting
from the presence of invasive species;
(5) Information on management
programs for wood bison conservation
in the wild, including private, tribal, or
governmental conservation programs
that benefit wood bison; and
(6) Current or planned activities
within the geographic range of the wood
bison that may impact or benefit the
species including any planned
developments, roads, or expansion of
agricultural enterprises.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Endangered Species
Act (16 U.S.C. 1531 et seq.) directs that
a determination as to whether any
species is a threatened or endangered
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
Prior to issuing a final rule on this
proposed action, we will take into
consideration all comments and any
additional information we receive. Such
information may lead to a final rule that
differs from this proposal. All comments
and recommendations, including names
and addresses, will become part of the
administrative record.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. We will not accept
comments sent by e-mail or fax or to an
address not listed in the ADDRESSES
section.
We will post your entire comments—
including your personal identifying
information—on https://
www.regulations.gov. If your written
comments provide personal identifying
information, you may request at the top
of your documents that we withhold
this information from public review.
However, we cannot guarantee that we
will be able to do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
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Service, Anchorage Regional Office (see
FOR FURTHER INFORMATION CONTACT).
bison from an endangered species to a
threatened species under the Act.
Public Hearing
Previous Federal Actions
The listing history is reconstructed
here based on Federal Register
documents and the Code of Federal
Regulations (CFR). Wood bison became
listed in the United States under the
1969 Endangered Species Conservation
Act when it was included on the first
List of Endangered Foreign Fish and
Wildlife, which was published in the
Federal Register on June 2, 1970 (35 FR
8491). A column labeled ‘‘where found’’
indicated ‘‘Canada,’’ but the introduction
to the list stated that ‘‘[t]he ‘Where
Found’ column is a general guide to the
native countries or regions where the
named animals are found. It is not
intended to be definitive.’’
In 1974, the first list under the 1973
Endangered Species Act appeared in the
CFR. Because the wood bison was listed
under the 1969 Endangered Species
Conservation Act, there is not a separate
Federal Register notice that defined the
population(s) and analyzed threats to
the species. Like the 1970 list, the list
for foreign species at 50 CFR 17.11
listed the wood bison, with a ‘‘where
found’’ column indicating ‘‘Canada.’’
Section 17.11 further specified that
‘‘[t]he ‘where found’ column is provided
for the convenience of the public, is not
exhaustive, is not required to be given
by law, and has no legal significance.’’
Population-based listings, the
precursor to the current Distinct
Population Segments (DPS) approach
first appeared with the 1975 list. In the
1975 CFR, wood bison appeared listed
with ‘‘N/A’’ (not applicable) under
‘‘Population.’’ Section 17.11(b) stated
that the ‘‘Population’’ column, along
with the scientific and common names,
‘‘define[s] the ‘species’ of wildlife within
the meaning of the Act.’’ This section for
the first time also indicated that ‘‘[t]he
prohibitions in the Act and in this Part
17 apply to all specimens of the
‘species’ listed, wherever they are
found, and to their progeny.’’ The
‘‘Known Distribution’’ column for wood
bison again indicated ‘‘Canada.’’
Paragraph (d) of § 17.11 reiterated that
the ‘‘known distribution’’ column was
‘‘[f]or information purposes only’’ and
also advised that the column ‘‘does not
imply any limitation on the application
of the prohibitions in the Act and in this
Part 17. Such prohibitions apply to all
specimens of the species, wherever
found.’’ Wood bison remained listed in
this manner until 1979.
In 1979, the Service published a
notification in the Federal Register that
questioned the listing status of the wood
bison along with six other species. The
Section 4(b)(5)(E) of the Act provides
for one or more public hearings on this
proposal, if requested. We must receive
requests for public hearings, in writing,
at the address shown in FOR FURTHER
INFORMATION CONTACT by the date shown
in DATES. We will schedule public
hearings on this proposal, if any are
requested, and announce the dates,
times, and places of those hearings, as
well as how to obtain reasonable
accommodations, in the Federal
Register at least 15 days before the first
hearing.
Background
Section 4(b)(3)(A) of the Act requires
the Service to make a finding known as
a ‘‘90-day finding,’’ on whether a
petition to add, remove, or reclassify a
species from the list of endangered or
threatened species has presented
substantial information indicating that
the requested action may be warranted.
To the maximum extent practicable, the
finding shall be made within 90 days
following receipt of the petition and
published promptly in the Federal
Register. If the Service finds that the
petition has presented substantial
information indicating that the
requested action may be warranted
(referred to as a positive finding),
section 4(b)(3)(A) of the Act requires the
Service to commence a status review of
the species if one has not already been
initiated under the Service’s internal
candidate assessment process. In
addition, section 4(b)(3)(B) of the Act
requires the Service to make a finding
within 12 months following receipt of
the petition on whether the requested
action is warranted, not warranted, or
warranted but precluded by higherpriority listing actions (this finding is
referred to as the ‘‘12-month finding’’).
Section 4(b)(3)(C) of the Act requires
that a finding of warranted but
precluded for petitioned species should
be treated as having been resubmitted
on the date of the warranted but
precluded finding, and is, therefore,
subject to a new finding within 1 year
and subsequently thereafter until we
take action on a proposal to list or
withdraw our original finding. The
Service publishes an annual notice of
resubmitted petition findings (annual
notice) for all foreign species for which
listings were previously found to be
warranted but precluded.
In this notice, we announce a
warranted 12-month finding and
proposed rule to reclassify the wood
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notification advised that the Service had
failed to follow a procedural
requirement of the 1969 Act for these
species (consulting with the governor of
any state in which the species is found),
and thus concluded that the U.S.
populations of these species were not
covered by the listing, although the
foreign populations would continue to
be covered. The notice was also clear
that the Service had always intended for
all populations—foreign and domestic—
of all seven species to be covered by the
listing. The Service followed up on the
notification on July 25, 1980, with a rule
for five of the species in which it
proposed to include the U.S.
populations in the listing to correct the
procedural error (45 FR 49844). The
1980 proposed rule did not include the
wood bison. The Service indicated that
the procedural error did not apply to
wood bison because no non-hybridized
wood bison were found in the United
States. If no pure wood bison occurred
in the United States as of the
subspecies’ listing under the 1969 Act,
there would have been no States to
consult with and, therefore, no
procedural listing error.
Although the Service had found no
error with the original listing of the
entire wood bison subspecies, the 1980
CFR for the first time mistakenly
indicated that the listed entity for wood
bison was a DPS. The CFR indicated
‘‘Canada’’ in the ‘‘Vertebrate population
where endangered or threatened’’
column. The listing has remained in this
form through the current CFR. Despite
this 1980 designation, it is clear that the
wood bison is listed at the subspecies
level. The CFR through 1980 indicates
the Service’s intent of the original
listing, and we have conducted no
rulemaking since that time to change the
scope of the listed entity. The entire
‘‘population’’ of wood bison in Canada is
the full extent of the subspecies’ current
range and no individuals occur in the
wild outside this population. Therefore,
the wood bison in Canada would not
qualify for a population-based listing
(i.e., a DPS).
On May 14, 1998, the Service received
a petition from a private individual
requesting that the Service remove the
wood bison from the List of Endangered
and Threatened Wildlife, primarily
because it had been downlisted under
CITES. In a 90-day finding published on
November 25, 1998 (63 FR 65164), we
found that the petitioner did not
provide substantial information to
indicate that the delisting may be
warranted.
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On November 26, 2007, we received
a petition from the co-chairs of Canada’s
National Wood Bison Recovery Team
requesting that we reclassify the wood
bison from endangered to threatened.
The petition contained information
about recovery efforts in Canada and
referred to information provided to the
Service. On February 3, 2009, we
published a 90-day finding (74 FR 5908)
acknowledging that the petition
provided sufficient information to
indicate that reclassification may be
warranted and that we would initiate a
status review. This document represents
both our 12-month finding for wood
bison and a proposed rule to downlist
the species.
Species Information
Taxonomy and Species Description
Wood bison (Bison bison athabascae)
belongs to the family Bovidae, which
also includes cattle, sheep and goats.
Debate over the generic name Bison
continues with some authorities using
Bos and others using Bison depending
on the methodology used to determine
relationships among members of the
tribe Bovini (Asian water buffalo,
African buffalo, cattle and their wild
relatives, and bison) (Boyd et al. 2010,
pp. 13–15.). In this discussion, we will
use Bison, which is consistent with
‘‘Wild Mammals of North America’’
(Reynolds et al. 2003, p. 1010),
‘‘Mammal Species of the World’’ (Wilson
and Reeder 2005, p. 689), and the Wood
Bison Recovery Team (Gates et al. 2001,
p. 25). Wood bison was first described
as a subspecies in 1897 (Rhoads 1897,
pp. 498–500). One other extant bison
subspecies, the plains bison (B. b.
bison), occurs in the United States and
Canada. Based on the historical physical
separation, and quantifiable behavioral,
morphological, and phenological
(appearance) differences between the
two subspecies, the scientific evidence
indicates that subspecific designation is
appropriate (van Zyll de Jong et al.
1995, p. 403; FEAP 1990, p. 24;
Reynolds et al. 2003, p. 1010; Gates et
al. 2010, pp. 15–17).
Wood bison is the largest native
extant terrestrial mammal in North
America (Reynolds et al. 2003, p. 1015).
Average weight of mature males (age 8)
is 910 kilograms (kg) (2,006 pounds (lb))
and the average weight of mature
females (age 13) is 440 kg (970 lb)
(Reynolds et al. 2003, p. 1015). They
have a large triangular head, a thin
beard and rudimentary throat mane, and
a poorly demarcated cape (Boyd et al.
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2010, p. 16). In addition, the highest
point of their hump is forward of their
front legs; they have reduced chaps on
their front legs; and their horns usually
extend above the hair on their head
(Boyd et al. 2010, p. 16). These physical
characteristics distinguish them from
the plains bison (Reynolds et al. 2003,
p. 1015; Boyd et al. 2010, p. 16).
Distribution
The exact extent of the original range
of wood bison cannot be determined
with certainty based on available
information, but was limited to North
America (Gates et al. 2001, p. 11).
However, historically, the range of the
wood bison was generally north of that
occupied by the plains bison and
included most boreal regions of
northern Alberta; northeastern British
Columbia east of Cordillera; a small
portion of northwestern Saskatchewan;
the western Northwest Territories south
and west of Great Slave Lake; the
Mackenzie River Valley; most of The
Yukon Territory; and much of interior
Alaska (Reynolds et al. 2003, pp. 1011–
1012). Skinner and Kaisen (1947, pp.
158, 164) suggested that the
prehistorical U.S. range extended from
Alaska to Colorado, and Stephenson et
al. (2001, p. 140) concluded that wood
bison were present within the
boundaries of what is now defined as
Alaska until their disappearance during
the last few hundred years. Currently,
there is neither a wild population in
Alaska nor the continental United States
(Harper and Gates 2000, p. 917;
Stephenson et al. 2001, p. 140).
During the early 1800s, wood bison
numbers were estimated at 168,000, but
by the late 1800s, the subspecies was
nearly eliminated with only a few
hundred remaining (Gates et al. 2001, p.
11). In the words of Soper (1941, p.
362), wood ‘‘bison appear to have been
practically exterminated,’’ and based on
the fate of plains bison, in which 40 to
60 million animals were reduced to just
over 1,000 animals in less than 100
years (Hornaday 1889; Wilson and
Strobeck 1998, p. 180), overharvest may
have been the cause for the decline
(Harper and Gates 2000, p. 915). The
fact that populations began to rebound
once protection was in place and
enforced supports this idea (Soper 1941,
pp. 362–363). In 1922, Wood Buffalo
National Park (WBNP) was set aside for
the protection of the last remnant
population of wood bison. Since that
time several additional herds have been
established (Table 1).
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TABLE 1—SIZES OF WOOD BISON HERDS IN CANADA FROM 1978 TO 2008 (DATA PROVIDED BY CANADIAN WILDLIFE
SERVICE)
Herd category and name
1978
1988
2000
2002
2004
2006
2008
Free-ranging, disease-free herds:
Mackenzie .................................................................................................
Nahanni .....................................................................................................
Aishihik ......................................................................................................
Hay-Zama .................................................................................................
Nordquist ...................................................................................................
Etthithun ....................................................................................................
Chitek Lake ...............................................................................................
Free-ranging, diseased herds:
Wood Buffalo 1 National Park ...................................................................
300
............
............
............
............
............
............
1718
30
............
............
............
............
............
1908
160
500
130
50
............
70
2000
170
530
234
60
43
100
2000
399
550
350
112
70
150
∼2000
400
700
600
140
124
225
1600
400
1100
750
140
124
300
............
............
2178
4050
2 4947
3 5641
4 4639
1 Excluding
adjacent diseased Wentzel, Wabasca, and Slave River Lowlands herds.
estimate for year 2003.
3 Population estimate for year 2005.
4 Population estimate for year 2007.
2 Population
Another factor that is thought to have
played a role in the decline in wood
bison is a gradual loss of meadow
habitat through forest encroachment
(Stephenson et al. 2001, p. 143; Quinlan
et al. 2003, p. 343; Strong and Gates
2009, p. 439). Although not quantified,
it is likely that because of fire
suppression, and subsequent forest
encroachment on meadows, there was a
net loss of suitable open meadow
habitat for wood bison throughout their
range through about 1990. More
intensive fire management began in
Canada in the early 1900s with the
philosophy that fire was destructive and
should be eliminated to protect property
and permit proper forest management
(Stocks et al. 2003, p. 2). However,
wildfire is an integral component of
boreal forest ecology (Weber and
Flannigan 1997, p. 146; Rupp et al.
2004, p. 213; Soja et al. 2007, p. 277).
Without fire, trees encroach on
meadows and eventually the meadow
habitat is lost and replaced by forest.
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Habitat
The foraging habitats most favored by
wood bison are grass and sedge
meadows occurring on alkaline soils.
These meadows are typically
interspersed among tracts of coniferous
forest, stands of poplar or aspen, bogs,
fens, and shrublands. Meadows
typically represent 5 to 20 percent of the
landscape occupied by wood bison
(Larter and Gates 1991a, p. 2682; Gates
et al. 2001, p. 23). Wet meadows are
rarely used in the summer, probably
because of the energy required to
maneuver through the mud, but they are
used in late summer when they become
drier, and in the winter when they
freeze (Larter and Gates 1991b, pp. 133,
135; Strong and Gates 2009, p. 438). In
the summer, when daily access to
surface water is required for hydration,
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availability of water is also important
(Fortin et al. 2003, pp. 223, 225).
Biology
Characteristic of other grazing
ruminants, bison have a four-chambered
stomach that efficiently processes and
digests a diet of grasses high in roughage
(Reynolds et al. 2003, p. 1019). Because
they can thrive on coarse grasses and
sedges, they occupy a niche within the
boreal forest that is not utilized by other
northern herbivores such as moose or
caribou (Gates et al. 2001, p. 25).
Several studies indicate that wood bison
prefer sedges (Carex spp.), which can
comprise up to 98 percent of the winter
diet (Reynolds et al. 1978, p. 586; Smith
1990, p. 88; Larter and Gates 1991a, p.
2679; Fortin et al. 2003, pp. 224–225).
Seasonally, other important diet items
include grasses, willow, and lichen
(Reynolds et al. 1978, p. 586; Smith
1990, p. 88; Larter and Gates 1991a, pp.
2680–2681; Fortin et al. 2003, pp. 224–
225).
Wood bison are gregarious, with
cows, calves, and yearlings found in
matriarchal groups ranging up to a few
dozen animals (Stephenson et al. 2001,
p. 125; Strong and Gates 2009, p. 438).
Mature bulls seldom form groups of
more than a few animals, and solitary
bulls are common (Fuller 1960, p. 11).
Wood bison home range size varies with
age, sex, and availability of forage
(Larter and Gates 1994, p. 147). Home
ranges of females are larger than those
of males (Larter and Gates 1994, p. 147).
For wood bison in the Mackenzie Bison
Sanctuary, mean area of home range for
females was 897 square kilometers
(km2) (346 square miles (mi2) and for
males 433 km2 (167 mi2) (Larter and
Gates 1994, p. 146). Most likely females
need larger areas because they occur in
larger groups than the males (Larter and
Gates 1994, p. 142). The large home
ranges of both sexes may be a response
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to limited forage availability and widely
spaced meadows (Strong and Gates
2009, p. 438).
Free-ranging wood bison roam
extensively with annual maximum
traveling distance from each
individual’s center-of-activity averaging
from 45 to 50 km (28 to 31 mi) (Chen
and Morley 2005, p. 430). However,
some captive animals released into the
wild have traveled over 250 km (155 mi)
(Gates et al. 1992, pp. 151–152). Herds
are fluid and individuals interchange
freely (Fuller 1960, p. 15; Wilson et al.
2002, p. 1545). Wood bison travel
between favored foraging habitats along
direct routes including established
trails, roads, river corridors, and
transmission lines (Reynolds et al. 1978,
p. 587; Mitchell 2002, p. 50). Bison are
also powerful swimmers and will cross
even large rivers such as the Peace,
Slave, Liard, and Nahanni to reach
forage, provided that there are low
banks for entry and exit (Fuller 1960, p.
5; Mitchell 2002, pp. 32, 50; Larter et al.
2003, pp. 408–412).
The wood bison’s breeding season is
from July to October. The age of first
reproduction depends on nutritional
condition and disease status and is,
therefore, variable (Gates et al. 2010, p.
49). Females typically produce their
first calf when they are 3 years old and
may be reproductively successful up to
age 20 (Wilson et al. 2002, p. 1545).
Although capable of reproduction at age
2, males typically do not participate in
the rut until they are 5 or 6, and
reproductive success is at its maximum
between ages 7 and 14 (Wilson et al.
2002, pp. 1538, 1544). Bison have a
polygynous mating system, in which
one male mates with several females
(Wilson et al. 2002, p. 1538). When
habitat is adequate and there are no
other limiting factors such as disease
and predation, wood bison populations
have expanded exponentially (FEAP
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1990, pp. 34–35; Gates and Larter 1990,
p. 233). Consequently, newly
introduced populations have the
capacity to grow quickly, as
demonstrated by the Mackenzie herd
(Gates and Larter 1990, p. 235).
Wood bison are susceptible to a
variety of diseases that may affect their
population dynamics. The most
important are anthrax, bovine
brucellosis, and bovine tuberculosis,
none of which are endemic to wood
bison (Gates et al. 2010, pp. 28–32).
Anthrax is an infectious bacterial
disease that is transmitted through the
inhalation or ingestion of endospores
(Gates et al. 2010, p. 28). The disease is
rapidly fatal with death usually
occurring within several days once the
clinical signs appear (Dragon et al. 1999,
p. 209). Between 1962 and 1993, nine
outbreaks were recorded in northern
Canada, killing at least 1,309 bison
(Dragon et al. 1999, p. 209). Additional
outbreaks continued to occur through at
least 2007 (GNT 2009, p. 13). Factors
associated with outbreaks are high
ambient temperatures, high densities of
insects, and high densities of bison as
they congregate in areas of diminishing
forage and water (Dragon et al. 1999, p.
212). Sexually mature males are more
susceptible than cows, juveniles, or
calves, perhaps because of elevated
levels of testosterone (Dragon et al.
1999, p. 211). Anthrax is not treatable in
free-ranging wildlife, but captive bison
can be vaccinated effectively and treated
with antibiotics (Gates et al. 2001, p.
22).
Bovine brucellosis is caused by the
bacterium Brucella abortus (Tessaro
1989, p. 416). Although the primary
hosts are bovids, other ungulates such
as elk can be infected. The disease is
primarily transmitted through oral
contact with aborted fetuses,
contaminated placentas, and uterine
discharges. Greater than 90 percent of
infected female bison abort during their
first pregnancy (Gates et al. 2010, p. 30).
Naturally acquired immunity reduces
the abortion rate with subsequent
pregnancies (Aune and Gates 2010, p.
30). Male bison experience
inflammation of their reproductive
organs and in advanced cases, sterility.
Both sexes are susceptible to bursitis
and arthritis caused by concentrations
of the bacterium in the joints, which
may make them more susceptible to
predation (Joly 2001, pp. 97–98). Two
vaccines, S19 and SR B51, have been
developed in an attempt to prevent
bovine brucellosis (Aune and Gates
2010, pp. 30–31). S19 induces abortion
in cows and is only about 39 percent
effective in preventing infection (Davis
et al. 1991, p. 262). SR B51 also induces
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abortion in pregnant cows, but calfhood
vaccination appears to be an effective
tool in preventing transmission of the
disease (Palmer et al. 1996, p. 1607;
Olsen et al. 2003, p. 22). Brucellosis is
extremely difficult to eradicate in
ungulates; the combined use of
quarantine protocols, serum testing,
slaughter, and vaccination is being
explored as a means of controlling the
disease (Nishi et al. 2002, pp. 230–233;
Bienen and Tabor 2006, pp. 324–325;
Aune and Gates 2010, p. 31).
Bovine tuberculosis is a chronic
infectious disease caused by the
bacterium Mycobacterium bovis
(Tessaro 1989, p. 417). Historical
evidence indicates that bovine
tuberculosis did not occur in bison prior
to contact with infected domestic cattle
(Tessaro 1989, p. 416). Wood bison were
infected in the 1920s when plains bison
were introduced into the range of wood
bison (Tessaro 1989, p. 417). Currently,
the disease is concentrated in bison in
and near (Wabasca, Wentzel, and Slave
River Lowlands herds) WBNP. The
disease is primarily transmitted by
inhalation and ingestion of the
bacterium, but may also pass to
offspring through the placenta or
contaminated milk (FEAP 1990, p. 11).
Bovine tuberculosis is a chronic disease
that progressively becomes debilitating;
advanced cases are fatal. There is not an
effective vaccine for immunization
against tuberculosis (FEAP 1990, p. 2).
Wood bison herds in and around
WBNP, Alberta and the Northwest
Territories, Canada, are infected with
brucellosis and bovine tuberculosis.
These diseased herds account for about
half of the free-ranging wood bison and
are the only known reservoirs of
tuberculosis and brucellosis among the
herds (Gates et al. 2010, pp. 4, 35).
Approximately 30 percent of the
animals in these herds test positive for
brucellosis and 21 to 49 percent test
positive for tuberculosis. The combined
prevalence of the two diseases is 42
percent (Tessaro et al. 1990, p. 174;
Gates et al. 2010, p. 35). Wood bison
cows infected with both tuberculosis
and brucellosis are less likely to be
pregnant, and infected herds are more
likely to have their populations
regulated by wolf predation (Tessaro et
al. 1990, p. 179; Joly and Messier 2004,
p. 1173; Joly and Messier 2005, p. 549).
Unlike anthrax which occurs in
outbreaks in which many animals die at
one time, brucellosis and tuberculosis
are chronic diseases that weaken
animals over time.
Conservation Status
In Canada, the Committee on the
Status of Endangered Wildlife in Canada
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(COSEWIC) was established in 1977, to
assess species’ status and evaluate their
risk of extinction. In 1978, the
COSEWIC designated wood bison as
endangered based primarily on the fact
that there were only about 400 diseasefree wood bison; 100 in a captive herd
and 300 in a free-ranging herd. In 1988,
wood bison was downlisted to
threatened in Canada because of data
presented in a status report prepared by
the National Wood Bison Recovery
Team which documented progress
towards recovery (Gates et al. 2001, p.
28; Gates et al. 2010, p. 65). A review
by the COSEWIC in 2000 confirmed that
‘‘threatened’’ was the appropriate
designation at that time (Gates et al.
2010, p. 65).
The wood bison was placed in
Appendix I of the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES) on July 1, 1975, when the treaty
first went into effect. On September 28,
1997, it was downlisted to Appendix II
based on a proposal from Canada that
described progress in implementation of
the Canadian recovery plan
(Government of Canada 1997, entire).
CITES Appendix-II species are not
necessarily considered to be threatened
with extinction now but may become so
unless trade in the species is regulated.
The United States voted in support of
the downlisting.
Recovery Actions
Section 4(f) of the Act directs us to
develop and implement recovery plans
for the conservation and survival of
endangered and threatened species,
unless the Director determines that such
a plan will not promote the
conservation of the species. The Service
has not developed a recovery plan for
wood bison, because no wild
populations of wood bison currently
exist in the United States. In Canada,
the National Wood Bison Recovery
Team published a national recovery
plan in 2001 (Gates et al. 2001) and is
currently preparing a revision to the
plan. The purpose of the recovery plan
is to advance the recovery of the wood
bison; specific criteria for delisting
under SARA were not specified.
Management plans for the provinces
support the goals and objectives of the
National Recovery Plan (e.g., Harper and
Gates 2000, p. 917; GNT 2009, p. 4).
Four goals were established to advance
the recovery of wood bison (Gates et al.
2001):
(1) To reestablish at least four
discrete, free-ranging, disease-free, and
viable populations of 400 or more wood
bison in Canada, emphasizing recovery
in their original range, thereby
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enhancing the prospects for survival of
the subspecies and contributing to the
maintenance of ecological processes and
biological diversity.
(2) To foster the restoration of wood
bison in other parts of their original
range and in suitable habitat elsewhere,
thereby ensuring their long-term
survival.
(3) To ensure that the genetic integrity
of wood bison is maintained without
further loss as a consequence of human
intervention.
(4) To restore disease-free wood bison
herds, thereby contributing to the
aesthetic, cultural, economic, and social
well-being of local communities and
society in general.
Revisions to the List of Endangered
and Threatened Wildlife (adding,
removing, or reclassifying a species)
must reflect determinations made in
accordance with sections 4(a)(1) and
4(b) of the Act. Section 4(a)(1) requires
that the Secretary determine whether a
species is endangered or threatened, as
defined by the Act, because of one or
more of the five factors outlined in
section 4(a)(1). In other words, an
analysis of the five factors under 4(a)(1)
can result in a determination that a
species is no longer endangered or
threatened. Section 4(b) requires the
determination made under section
4(a)(1) be based on the best scientific
and commercial data available and after
taking into account those efforts, if any,
being made by any State or foreign
nation to protect such species. In the
absence of a recovery plan for wood
bison in the United States, we rely on
the five-factor analysis and progress
towards meeting the recovery goals
outlined in the Canadian recovery plan
in this proposed rule to determine if it
is appropriate to reclassify wood bison.
We also take into consideration the
conservation actions that have occurred,
are ongoing, and are planned.
In 1978, there was one free-ranging,
disease-free herd with 300 individuals,
the MacKenzie herd (Table 1). By 2000,
when the last Canadian status review
was conducted, the number of diseasefree herds had grown to 6, with a total
of approximately 2,800 individuals
(Table 1). Since 2000, an additional
herd has been established bringing the
total number to 7, and the number of
disease-free, free-ranging bison has
increased to approximately 4,400 (Table
1). Four of the herds have a population
of 400 or more, meeting recovery goal
number 1 (Table 1). The free-ranging,
disease-free herds are discussed in
detail below.
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Free-ranging Herds, Disease-free Herds
The Mackenzie bison herd was
established in 1963 with the
translocation of 18 wood bison that
were originally captured in an isolated
area of WBNP. This herd is currently the
largest free-ranging, disease-free herd of
wood bison, with approximately 1,600
to 2,000 animals (Reynolds et al. 2004,
p. 7). The Mackenzie Bison Sanctuary
was established in 1979 and
encompasses an area of 6,300 km2
(2,432 mi2) northwest of Great Slave
Lake. The current range of the
Mackenzie bison herd (12,000 km2
(4,633 mi2)) extends well beyond the
boundaries of the sanctuary. Habitat
protection within the range of the
Mackenzie bison herd is facilitated
through the SARA, Canada’s equivalent
to the Act, and the Mackenzie Valley
Resource Management Act of 1998.
Although the Mackenzie Valley
Resource Management Act does not
specifically provide protection to wood
bison, it did create a Land and Water
Board (LWB), which is given the power
to regulate the use of land and water,
including the issuance of land use
permits and water licenses. Under
current management, an annual harvest
is allowed (described in Factor B
below), and the Mackenzie herd size has
been greater than the recovery target of
400 since 1987, with approximately
1,600 to 2,000 animals (Gates and Larter
1999, p. 233; Table 1). Thus, the
Mackenzie herd contributes to recovery
goals 1 and 4.
Five releases of wood bison totaling
170 animals from 1988 to 1991
established the Aishihik herd in
southwestern Yukon, in a remote area
west of Whitehorse, Canada. Herd size
has totaled over 400 since 1999 (Gates
et al. 2001, p. 14; Table 1). With a
current population of approximately
1,000 animals, it is the second-largest
herd. The herd inhabits approximately
9,000 km2 (3,475 mi2) of largely
undeveloped habitat near the
community of Haines Junction, adjacent
to Kluane National Park. Less than 5
percent of the range of the Aishihik herd
is on private lands (First Nation
Settlement Lands), and these
landowners participate in a
management planning team specifically
for this herd. The remainder of the
herd’s range is owned by the
Government of Canada, and there are no
threats to habitat in this area (Reynolds
et al. 2004, p. 9). The herd has room to
expand or shift its range, because there
are no large-scale developments east,
west, or north of the present range for
several hundred kilometers. Small-scale
agricultural development to the south of
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the present range, however, could
restrict range expansion in that
direction (Reynolds et al. 2004, p. 9).
Regulated hunting occurs on this herd
(described in Factor B below). Other
than regulated harvest, no other limiting
factors have been identified (Reynolds
et al. 2004, p. 17). The Aishihik herd
contributes to recovery goals 1, 2, and
4.
The Hay-Zama herd was established
in 1984, when 29 wood bison were
transferred from Elk Island National
Park to the holding corral site near HayZama Lakes, Alberta (Gates et al. 2001,
p. 17). A herd of 48 wood bison became
free-ranging when portions of the corral
they were being held in collapsed in
1993 (Gates et al. 2001, p. 17). Since
then, the free-ranging herd has grown to
approximately 750 animals (Table 1),
thus contributing to recovery goals 1, 2,
and 4. In 1995, the Government of
Alberta established a 36,000 km2
(13,900 mi2) Bison Management Area
around the Hay-Zama herd in the
northwestern corner of the province. In
this area, all wood bison are legally
protected from hunting under Alberta’s
Wildlife Act; outside of the area they are
not protected. Collisions with vehicles
are the largest source of known
mortality for individuals in this herd
(Mitchell and Gates 2002, p. 9).
The Nahanni herd, established in
1980 with the release of 28 wood bison,
occurs primarily in southeast Yukon
and northeast British Columbia.
Population size has been approximately
400 animals or more since 2004 (Table
1). Availability of suitable habitat may
limit this herd’s size (Gates et al. 2001,
p. 17). The Nordquist herd was
established in 1995, near the Laird River
in northeastern British Columbia (Table
1). Because the majority of the herd
occupies habitat near the Alaska
Highway, vehicle collisions are the
primary source of mortality (Reynolds et
al. 2009, p. 6). It is anticipated that the
Nordquist and Nahanni herds will
eventually coalesce into one herd
because of their close proximity and the
presence of river corridors that provide
travel corridors (Gates et al. 2001, p. 18).
Although it has not yet occurred,
combination of the two herds would
create a herd with numbers that exceed
the recovery criterion of 400 (Table 1).
The Etthithun herd was established in
2002, near Etthithun Lake, British
Columbia. Factors limiting the size of
this herd include the amount and
location of suitable habitat, conflicts
with humans and industrial
development, and potential contact with
commercial plains bison (BC MOE, pers.
comm., 2010). Current population size
is approximately 124 (Table 1);
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consequently, this herd does not
currently meet the recovery criterion of
400 individuals. However, it does
contribute to recovery goals 2 and 4.
The Chitek Lake herd was established
in 1991, in Manitoba, Canada. The
Chitek Lake Wood Bison Management
Committee plans to maintain the herd at
approximately 300 animals to keep the
herd within carrying capacity of the
habitat. The 100,300 hectare (ha)
(25,452 acre (ac)) Chitek Lake Park
Reserve provides habitat protection for
the core range of the herd. Limiting
factors for the herd include accidental
mortality from drowning, starvation in
bad winters, and predation from wolves
(Manitoba Conservation, pers. comm.,
2010). Although outside of the historic
range of wood bison, Chitek Lake herd
plays an important role in wood bison
conservation because it is an isolated
disease-free herd and, consequently,
provides security to the species through
population redundancy, thus
contributing to recovery goal 2.
Captive Disease-free Herds
In addition to the free-ranging wood
bison herds discussed above, four
captive herds have been established,
although only three are currently viable.
The Elk Island National Park herd in
Alberta, Canada, was established in
1965 from wood bison transferred from
an isolated portion of WBNP. It is the
national conservation herd and has
provided disease-free stock for six of the
free-ranging populations and several
captive breeding herds in zoos and
private commercial ranches (Gates et al.
1992, p. 153). Carrying capacity at Elk
Island National Park is approximately
350 animals; animals above this number
are regarded as surplus and are removed
to establish and supplement freeroaming populations in former areas of
their historic range (Parks Canada
2009a, unpaginated). Although the herd
is fenced, the animals are semi-wild and
spend the majority of their time roaming
the 65 km2 (25 mi2) enclosure,
interacting with the environment in a
largely natural manner (Gates et al.
2001, p. 18). The herd is rounded up
annually to test for disease and to
vaccinate for common cattle diseases.
The age, sex, and condition of all the
individuals are determined to inform
management decisions. Using this
information, individuals are selected for
sale, donation, or the establishment of
new herds, which also controls the
population size of the herd (Parks
Canada 2009b, unpaginated). This
conservation herd contributes to
recovery goals 2, 3, and 4.
The Hook Lake Wood Bison Recovery
Project was initiated to establish a
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captive, disease-free herd from a wild
herd infected with brucellosis and
tuberculosis. The overall objective of the
project was to determine the feasibility
of genetic salvage from a diseased herd
(Nishi et al. 2002, p. 230). Specific
objectives of the project were to
conserve the genetic integrity of the
wild herd by capturing an adequate
number of calves; provide intensive
veterinary and preventative drug
treatment to eliminate disease from the
calves; and raise a disease-free herd
from the salvaged calves (Nishi et al.
2002, p. 229). From 1996 to 1998, 62
calves were captured. The disease
eradication protocol included orphaning
new-born wild-caught calves to
minimize their exposure to B. abortus
and M. bovis, testing calves for
antibodies to brucellosis prior to
inclusion in the new herd, treatment
with antimycobacterial and antiBrucella drugs, and intensive wholeherd testing for both diseases (Nishi et
al. 2002, p. 229). By 2002, the herd size
was 122. In 2006, after 9 years of
intensive management, the herd was
destroyed because bovine tuberculosis
was discovered in 2005 in 2 founding
animals and 10 captive-born animals,
even though all animals initially tested
disease-free. The herd provided
valuable information on genetic salvage,
genetic management, captive breeding
for conservation, disease testing, and the
difficulties involved in eradicating
disease (Wilson et al. 2003, pp. 24–35).
The Hook Lake Herd contributed to
recovery goal 3.
In April 2006, 30 wood bison calves
were transferred from Elk Island
National Park to Lenski Stolby Nature
Park near Yakutsk, Sahka Republic
(Yakutia), Russia. An additional 30 head
are to be transferred in 2011. Although
outside the historical range, this was an
opportunity to create another
geographically separate population
which provides added security to the
species through population redundancy,
thereby contributing to recovery goal 2.
Transfer of wood bison to Russia was
specifically mentioned in the recovery
plan because it would contribute to the
global security of the species (Gates et
al., 2001, p. 14).
In June 2008, 53 disease-free wood
bison were transferred from Elk Island
National Park to the Alaska Wildlife
Conservation Center in Portage, Alaska.
Consequently, this captive herd
currently contributes to recovery goal
number 2 through population
redundancy. Ultimately, the Alaska
Department of Fish and Game (ADFG)
plans to restore wood bison populations
in one to three areas in interior Alaska,
with potential herd size of 500 to 2,000
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or more depending on the location
(ADF&G 2007, p. 79). Environmental
analysis of the project is currently under
review. The National Wood Bison
Recovery Team in Canada
recommended establishing one or more
populations in Alaska in areas that can
support 400 or more animals (Gates et
al. 2001, p. 31). Establishment of one or
more herds in Alaska would be a
significant contribution to increasing
the number of secure, disease-free, freeroaming herds.
Summary of Progress Toward Recovery
In summary, since 1978, the number
of free-ranging, disease-free herds has
increased from 1 to 7, and the number
of wood bison has increased from
approximately 400 to over 4,000. The
first recovery goal of establishing 4 freeranging, disease-free herds with 400 or
more animals has been met, and
planning is underway to create one or
more herds in Alaska. Although the
number of herds needed to meet
recovery goal 2 was not specified,
progress has been made on the second
goal with the establishment of diseasefree herds in Russia; Manitoba, Canada;
and Alaska. The Hook Lake Bison
Recovery Project was a well-planned,
science-based attempt to conserve the
genetic diversity of a diseased herd and
would have contributed greatly to
recovery goal 3. Although ultimately the
project was unsuccessful, a great deal of
knowledge was gained (Wilson et al.
2003, pp. 62–67). The wood bison
recovery team is very aware of the need
to maintain genetic diversity in the
herds and establishes new herds with
the goal of maintaining genetic diversity
through multiple introductions (i.e., the
Aishihik herd and Hook Lake herd). The
establishment of six additional herds on
the landscape since 1978 contributes to
recovery goal 4. In addition, the captive
population at Elk Island National Park
has provided disease-free stock for those
six additional herds and two captive
herds. It is clear that there is active
management of the herds, and multiple
avenues of research are being funded
and pursued regarding the biology and
management of wood bison. Progress
towards the recovery goals outlined in
the national recovery plan, published by
the National Wood Bison Recovery
Team, is moving forward steadily.
Summary of Factors Affecting the
Subspecies
Section 4 of the Act and
implementing regulations (50 CFR part
424) set forth procedures for adding
species to, removing species from, or
reclassifying species on the Federal
Lists of Endangered and Threatened
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Wildlife and Plants. Changes in the List
can be initiated by the Service or
through the public petition process.
Under section 4(a)(1) of the Act, a
species may be determined to be
endangered or threatened based on any
of the following five factors:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
We must consider these same factors
in downlisting a species. In making this
12-month finding on the petition, we
evaluate whether the species must be
listed as endangered or threatened
because of one or more of the five
factors described in section 4(a)(1) of the
Act. For species that are already listed
as endangered or threatened, we
evaluate both the threats currently
facing the species and the threats that
are reasonably likely to affect the
species in the foreseeable future
following the delisting or downlisting
and the removal or reduction of the
Act’s protections.
Under section 3 of the Act, a species
is ‘‘endangered’’ if it is in danger of
extinction throughout all or a significant
portion of its range and is ‘‘threatened’’
if it is likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range. ‘‘Foreseeable future’’ is
determined by the Service on a case-bycase basis, taking into consideration a
variety of species-specific factors such
as lifespan, genetics, breeding behavior,
demography, threat projections
timeframes, and environmental
variability. The word ‘‘range’’ in the
phrase ‘‘significant portion of its range’’
(SPR) refers to the range in which the
species currently exists, and the word
‘‘significant’’ refers to the value of that
portion of the range being considered to
the conservation of the species.
For the purposes of this analysis, we
will evaluate all five factors currently
affecting, or that are likely to affect, the
wood bison to determine whether the
currently listed species is threatened or
endangered.
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A. The Present or Threatened
Destruction, Modification, or
Curtailment of its Habitat or Range
Loss of Foraging Habitat
Fire Suppression
Wood bison depend on a landscape
that includes sufficient grasslands and
meadows for foraging habitat (Larter and
Gates 1991b, p. 133). It appears that
primarily through fire suppression,
there was an overall loss of meadow
habitat in Canada through the 1900s.
More intensive fire management began
in Canada in the early 1900s with the
philosophy that fire was destructive and
should be eliminated to protect property
and permit proper forest management
(Stocks et al. 2003, p. 2). However,
wildfire is an integral component of
boreal forest ecology (Weber and
Flannigan 1997, p. 146; Rupp et al.
2004, p. 213; Soja et al. 2007, p. 277).
Without fire, trees encroach on
meadows and eventually the meadow
habitat is lost and replaced by forest.
Fire alone, or in combination with
grazing, can facilitate the conversion
and maintenance of grasslands (Lewis
1982, p. 24; Chowns et al. 1997, p. 205;
Schwarz and Wein 1997, p. 1369).
Burning by Native groups within the
range of wood bison was apparently a
common practice through the 1940s
outside WBNP but ended within the
park when it was established in 1922
(Lewis 1982, pp. 22–31; Schwarz and
Wein 1997, p. 1369). An examination of
aerial photographs taken at WBNP over
time showed that a semi-open grassland
that covered about 85 ha (210 ac) in
1928 supported a grassland of only 3 ha
(7.4 ac) in 1982 (Schwarz and Wein
1997, p. 1369). In addition, a number of
sites previously identified as prairie are
now dominated by trembling aspen
(Schwarz and Wein 1997, p. 1369).
Although not quantified, it is likely that
because of fire suppression and forest
encroachment on meadows, there was a
net loss of suitable open meadow
habitat for wood bison throughout their
range through about 1990. More
recently, several factors may be
counteracting the loss of open meadow
habitat including controlled burns,
timber harvest, oil and gas development,
and the effects of climate change, as
discussed below.
Controlled Burns
Controlled burns have been
implemented since 1992 in wood bison
habitat in the Northwest Territories to
increase meadow habitat (Chowns et al.
1997, p. 206). Approximately 4,400 to
26,900 ha (10,873 to 66,471 ac) were
burned from 1992 to 1997 with some
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sites being burned up to three times
(Chowns et al. 1997, pp. 206–207). In
addition, lightning fires burned 300,000
ha (741,316 ac), or almost 20 percent of
the wood bison range in this area, from
1994 to 1996 (Chowns et al. 1997, p.
209). Plants favored by bison were more
abundant in unburned areas and in
meadows that had burned only once
(Quinlan et al. 2003, p. 348), indicating
that prescribed burns must be used
judiciously to be effective in creating
foraging habitat for wood bison. A study
of vegetation recovery and plains bison
use after a wildfire near Farewell,
Alaska (Campbell and Hinkes 1983, p.
18) showed that grass and sedgedominated communities increased from
38 percent to approximately 97 percent
of the study area. Plains bison use also
increased in subsequent years after the
fire, and winter distribution of the
Farewell herd expanded due to firerelated habitat changes (Campbell and
Hinkes 1983, pp. 18–19). Because
sedges are important winter forage for
wood bison, the amount of such habitat
has a major influence on herd size.
Newly created habitats will be used by
wood bison when these habitats are
contiguous with existing summer or
winter ranges (Campbell and Hinkes
1983, p. 20).
In summary, studies that have looked
at the exclusion of fire or the effect of
wildfire on wood bison habitat have
concluded that fire is a necessary
component of the landscape to maintain
clearings and create conditions that
favor forage preferred by wood bison.
Controlled burns can have the same
effect as wildfire by creating openings in
the forest. However, repeated burns in
the same location can be detrimental to
creating suitable forage.
Timber Harvest
The volume of timber logged in
Canada rose 50 percent from 1970 to
1997; in Alberta, the logging rate
increased 423 percent from 3.4 to 17.8
million m3 (120 to 628 million feet (ft)3)
per year during the same time (Timoney
and Lee 2001, p. 394). These values are
conservative because forests logged on
private land and those harvested on
government land after fire, insect
outbreaks, or disease may go unrecorded
(Timoney and Lee 2001, p. 395). The
primary method of harvest is
clearcutting (Timoney and Lee 2001, p.
394). Compared to a closed canopy
forest, clearcuts improve the amount of
suitable habitat available to wood bison
because they create openings and
increase the amount of summer forage
available. However, the quantity and
quality of forage is less than what is
found in preferred wood bison foraging
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habitats, and the increased productivity
seen after a clearcut is not maintained,
as woody vegetation becomes more
dominant over time (Redburn et al.
2008, p. 2233). In addition, clearcuts do
not provide adequate winter forage
because wood bison’s preferred food,
sedges, typically do not colonize these
areas. Clearcutting is not being used as
a management tool to increase wood
bison habitat currently, and whatever
gains in habitat that have occurred from
clearcutting are most likely low.
In summary, although timber harvest
occurs throughout the range of wood
bison, it is unclear to what extent it is
creating suitable habitat. Clear cuts can
increase summer forage, but they need
to be in proximity to sedge meadows
(wintering habitat) to increase the
annual carrying capacity for wood
bison, and the openings created by the
clear cuts must be maintained over time.
Although timber harvest has the
potential to increase the amount of
suitable habitat for wood bison, the
amount that may have been created is
most likely low and is undocumented.
Oil and Gas Development
Oil and gas exploration and
production in Canada has increased in
the last 20 years (Timoney and Lee
2001, pp. 397–398). Seismic mapping to
determine the oil and gas reserves below
the surface involves cutting paths 5 to
8 meters (m) (16.4 to 26 ft) wide across
the landscape. The seismic lines become
persistent features in the forested boreal
landscape (Lee and Boutin 2006, p.
249). Approximately 70 percent of
landscape disturbance for nonrenewable resource extraction in Alberta
is due to seismic lines (Timoney and
Lee 2001, p. 397). There are an
estimated 1.5 to 1.8 million km (932,000
to 1,100,000 mi) of seismic lines in
Alberta (Timoney and Lee 2001, p. 397).
Lee and Boutin (2006, p. 244) found that
only 8.2 percent of seismic lines in
Alberta’s northeastern forested stands
recovered to greater than 50 percent
woody vegetative cover after 35 years,
and 64 percent of these seismic lines
maintained a cover of grasses and herbs.
In terms of creating forest openings,
more suitable foraging habitat, and
linear paths, seismic lines may be
beneficial for wood bison. However,
because vehicular routes were
established in 20 percent of the seismic
lines, they also become corridors for offroad vehicles, recreationalists, and
poachers (Trombulak and Frissell 2000,
pp. 19–20; Timoney and Lee 2001, p.
400; Lee and Boutin 2006, p. 244).
Although wood bison are known to
occupy linear clearings such as roads,
and seismic lines have increased
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dramatically within their range,
potentially creating suitable habitat, we
do not have documentation of wood
bison use of this type of habitat.
Agricultural Development
The popularity of bison as an
alternative to beef in human diets has
led to a growth of commercial bison
ranches in Canada and the United States
(Gates et al. 1992, p. 155). Exports of
bison meat from Canada doubled to over
2 million kilograms (2.3 tons) from 2001
to 2006 (Statistics Canada 2009a,
unpaginated). Plains bison dominate
agricultural production in Canada
because commercial production of this
subspecies has been in place much
longer than it has been for wood bison
(Gates et al. 1992, p. 156; Harper and
Gates 2000, p. 919). Bison production in
Canada is concentrated in the western
provinces, within the historical range of
wood bison. In 2006, there were 195,728
plains bison on 1,898 farms reporting in
the Canadian National Census; an
increase of 35 percent from 2001
(Statistics Canada 2009b, unpaginated).
Thus, plains bison represented
approximately 95 percent of the total
bison on the landscape in Canada in
2006. Existence and expansion of
commercial plains bison production
reduces the amount of land available for
wild wood bison populations and
increases the risk of hybridization when
plains bison escape captivity (Harper
and Gates 2000, p. 919; Gates et al.
2001, pp. 24, 29). Demand currently
exceeds supply; therefore, expansion of
commercial plains and wood bison
operations is expected to continue
(Gates et al. 2001, p. 24)
Escape of plains bison from fenced
enclosures within the range of the wood
bison in Canada poses a threat to the
genetic integrity of wood bison (Gates et
al. 1992, p. 156; Gates et al. 2001, p. 24).
Because of their size, strength, and
undomesticated nature, typical fences
are insufficient to restrain bison (FEAP
1990, p. 29; Harper and Gates 2000, p.
919). Maintenance of fences can be a
challenge in harsh environments where
tree-fall, snow, ice, and frost heave can
impair the integrity of the fence and
necessitate frequent repairs. The import
of plains bison to a private ranch near
Pink Mountain, British Columbia, led to
the establishment of a free-ranging herd
of plains bison after they escaped their
enclosure (Gates et al. 1992, p. 156).
In addition to commercial production,
free-ranging, publicly managed plains
bison herds have been established
outside their historical range and within
the historical range of wood bison in
Alaska and Canada (Gates et al. 2010, p.
56). Because of the potential for
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hybridization, these herds limit where
wood bison can be reintroduced. Five
plains bison herds occur in Alaska and
one occurs in British Columbia, Canada
(Gates et al. 2010, p. 56). None of these
plains bison herds occur in close
proximity to free-ranging wood bison
herds with the exception of one herd—
the Pink Mountain herd, British
Columbia, which also occupies habitat
that could have been used for wood
bison (Harper et al. 2000, p. 11).
Preventing interbreeding between freeranging plains bison and wood bison is
a management objective in British
Columbia and is accomplished by
maintaining a large physical separation
between the herds and having a
management zone around the plains
bison herd that allows harvest of plains
bison within this zone (Harper et al.
2000, p. 23).
Agricultural development, including
plains bison ranching, is the least
compatible land use for wood bison
recovery (Harper and Gates 2000, p.
921). Loss of habitat for agricultural
production is a threat to wood bison
because of the large areas involved.
Agricultural development near Fort St.
John and Fort Nelson, British Columbia,
has reduced habitat for wood bison, and
continuing expansion of agriculture in
the north will further limit the ability to
meet population recovery objectives
(Harper and Gates 2000, p. 921). Based
on a conservative estimate of historical
habitat only in Canada, Gates et al.
(1992, p. 154) estimated that human
activities and development exclude
wood bison from approximately 34
percent of their historic range. When an
updated Canadian historical range
(Stephenson et al. 2001, p. 136) and the
Alaskan historical range are included in
the calculation, the amount of
compromised habitat drops to
approximately 16.5 percent if only
Canada is considered, and 13 percent if
the historical habitat in Canada and
Alaska are combined (Stephenson 2010,
pers. comm.). Sanderson et al. (2002,
pp. 894–896; 2008, p. 257) found that
the level of human influence in the
range occupied by wood bison to be
extremely low (less than 10 percent).
Although human development and
influence is very low over the majority
of range occupied by wood bison, we
assume that because of human
population growth, increased
commercial production of plains bison,
and increased agricultural production,
there will be continued loss of suitable
wood bison habitat into the foreseeable
future.
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Climate Change
Climate change models project that
the largest temperature increases will
occur in the upper latitudes of the
northern hemisphere, and that there
will be an increase in extreme climate
events in these areas (IPCC 2007,
11.5.3.1). This area includes the boreal
forest of Canada and Alaska in the range
of wood bison. Some of the predicted
outcomes of climate change are: an
increase in temperature; an increase in
insect outbreaks; an increase in wildfire
severity, area burned, and fire season
length with potential landscape scale
ecotype effects; and a shift northward of
boreal forest (Hamann and Wang 2006,
pp. 2780–2782; Soja et al. 2007, p. 277).
These aspects of climate change have
the potential to increase the amount of
habitat suitable for wood bison over the
next 100 years.
The mean annual temperature of
interior Alaska and northern Canada has
increased by 2 degrees Celsius (°C) (3.6
degrees Fahrenheit (°F)) in the last four
decades (Serreze et al. 2000, p. 163).
Warming has triggered bark beetle
outbreaks in western North America,
including south-central Alaska and
British Columbia. In British Columbia,
by the end of 2006, 130,000 km2 (50,193
mi2) of forested lands were affected
(Kurz et al. 2008, p. 987). The outbreak
in British Columbia was an order of
magnitude greater in area and severity
than all previous recorded outbreaks
(Kurz et al. 2008, p. 987). In the boreal
regions of Alaska, the cumulative insect
damage from 1993 to 1998 was 1.6 to 2.4
million ha (3.9 to 5.9 million ac)
¨
(Matthews 1997, p. 4; Malstrom and
Raffa 2000, p. 36) with 90 percent of the
spruce on the Kenai Peninsula being
affected (Soja et al. 2007, p. 282).
The warmer minimum winter
temperatures increased survival of
beetles during the winter, while
increased summer temperatures and
reduced summer precipitation stressed
the trees and contributed to the
intensity of the bark beetle infestation
(Kurz et al. 2008, p. 987). In addition,
the warmer temperatures quickened the
maturation rate of the beetles from 2
years to 1 year, hastening population
growth (Berg et al. 2006, p. 219; Werner
et al. 2006, p. 195). The effect of insect
outbreaks on wood bison habitat
includes a potential increase in suitable
wood bison habitat, and an increase in
susceptibility to fire. In insect-infested
plots studied on the Kenai Peninsula,
cover of bluejoint grass (Calamagrostis
canadensis), a summer forage species,
increased to more than 50 percent
compared to uninfested forest stands
(Werner et al. 2006, p. 198). These
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results indicate forests affected by beetle
kill may become more suitable to wood
bison by creating openings and
changing the vegetative composition.
This would be particularly true in areas
where, because of climate change, there
was a permanent change in landscape
cover from forest to grassland (Rizzo
and Wiken 1992, p. 53; Flannigan et al.
2000, pp. 226–227). Werber and
Flannigan (1997, p. 157), and
¨
Malmstrom and Raffa (2000, p. 36),
indicate that insect outbreaks increase
an area’s susceptibility to fire ignition
and spread.
Since the mid-1980s, wildfire
frequency in western forests has nearly
quadrupled compared to the average
frequency during the period 1970–1986.
The total area burned is more than six
and a half times the previous level
(Westerling et al. 2006, p. 941). In
addition, the average length of the fire
season during 1987–2003 was 78 days
longer compared to that during 1970–
1986, and the average time between fire
discovery and control was 29.6 days
longer (Westerling et al. 2006, p. 941).
In Alaska, the largest fire on record was
in 2004, and the third largest was in
2003 (Soja et al. 2007, p. 281).
The area burned by forest fires in
Canada has increased over the past 4
decades (Stocks et al. 2003, p. 2; Gillett
et al. 2004, p. 4; Soja et al., 2007, p.
281). In Canada, weather/climate is the
most important natural factor
influencing forest fires (Gillett et al.
2004, p. 2; Flannigan et al. 2005, p. 1).
Projections based on the Canadian and
Hadley General Circulation Models,
which predict future carbon dioxide and
temperature increases, indicate that the
area burned in boreal forests of Canada
will double by the end of the century
(Flannigan et al. 2005, pp. 11–12), the
area exhibiting high to extreme fire
danger will increase substantially, and
the length of the fire season will
increase (Stocks et al. 1998, pp. 5–11).
In the absence of fire, vegetation
changes would occur relatively slowly
in response to relatively slow changes in
the climate. Because of its immediate
and large-scale effect, fire is seen as an
agent of change that will hasten the
modification of the landscape to a new
equilibrium with climate. Area burned
may overshadow the direct effects of
climate change on plant species
distribution and migration (Werber and
Flannigan 1997, p. 157). The new fire
regime is expected to affect the age class
distribution, species composition,
landscape mosaics, and boundaries,
including a retraction of the southern
boreal forest (Werber and Flannigan
1997, pp. 157, 160).
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The increase in temperature,
predicted by the Canadian and Hadley
General Circulation Models described
above, is expected to cause major shifts
in ecosystems (Rizzo and Wiken 1992,
p. 37; Hogg and Schwarz 1997, p. 527).
The amount of grassland in Canada may
increase by about 7 percent and shift
northward (Rizzo and Wiken 1992, p.
52). Several modeling efforts suggest
that boreal forests will shift northward
into the area now characterized as
subarctic (Rizzo and Wiken 1992, pp.
48–50; Rupp et al. 2002, p. 214). These
changes may favor the expansion of
suitable habitat for wood bison over the
next century. Because one of the
anticipated outcomes under climate
change and the new fire regime is a
retraction of the southern boreal forest
and expansion of grasslands, we
anticipate that habitat for wood bison,
which require meadows intermixed
with forest, will increase over the next
century.
Summary of Factor A
Our analysis of habitat threats to
wood bison under Factor A includes
management actions that are being taken
(controlled burns, timber harvest, oil
and gas development), anticipated
changes to the landscape based on
climate change (increased insect
outbreaks, increased fire, ecotype
transition), and agricultural
development. In summary, most likely
there was loss of suitable meadow
foraging habitat for wood bison from fire
suppression in the 20th century. Several
factors including fire, timber harvest, oil
and gas exploration, and insect
infestations could create more forest
openings and grassland habitat.
However, neither the loss, nor potential
gain in habitat from these sources has
been quantified, and the suitability of
habitat for wood bison created as a byproduct of resource development is
largely unknown. The primary loss of
habitat for wood bison has occurred
from agricultural development
(including commercial production of
plains bison). Although the current level
of human influence in the range of
wood bison is low, we anticipate human
population growth will continue, and
loss of suitable habitat from agricultural
development is expected in the
foreseeable future. In the short term,
habitat loss is expected to outstrip gain
because of the increasing demand and
production of commercial bison. Based
on model projections of the effects of
climate change, it is anticipated that
there will be increased insect
infestations, increased fire frequency
and area burned, and warmer
temperatures, leading to shifts in
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ecosystems. In the long term, these
changes will likely create more forest
openings and landscapes in early
successional stages and may increase
the amount of suitable habitat available
to wood bison. Whether the potential
gain in habitat will offset the loss from
development in the long term is
unknown. Consequently, based on the
best scientific and commercial data
available, we conclude that loss of
habitat remains as a significant threat to
wood bison in the foreseeable future.
B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
Overharvesting for the fur trade and
westward expansion by Europeans
resulted in near extinction of wood
bison by the late 1800s (Gates et al.
1992, pp. 143–145). Currently, the
utilization of free-ranging, disease-free
wood bison populations is closely
regulated and managed for
sustainability. Under the Species at Risk
Act (SARA), a species listed as
threatened may not be killed on Federal
lands such as National Parks or National
Wildlife Areas, except where permitted
under a national recovery strategy (GNT
2009, p. 15). Harvest is used as a
recovery management tool to regulate
herd size when other limiting factors,
such as predation or disease, do not.
Without harvest, herd size can expand
beyond the carrying capacity of the
landscape, may grow to the point where
overlap with either plains bison or
diseased herds is more likely, or may
expand into areas such as highway
right-of ways. Regulated harvest is
allowed from the disease-free
Mackenzie herd, Nahanni herd (quota of
two bison annually), the Aishihik herd,
and the Hay-Zama herds under permit
systems controlled by the respective
territorial wildlife agencies, and is
managed on a conservative sustainedyield basis. The regulated harvests for
the Mackenzie, Aishihik, and Hay-Zama
herds are described below.
Hunting of the Mackenzie wood bison
herd is regulated under a quota system
based on population size, and through
consideration of Native community
interests in subsistence hunting,
through a co-management process with
the Fort Providence Resource
Management Board. Regulated hunting
was initiated in 1987. Non-resident
hunting licenses were first issued for the
winter hunt in 1992/1993. The quota for
resident and non-residents has been
adjusted over time based on herd size
and community input. The allowable
quota for harvest has never been taken
and has ranged from 20 to 93.6 percent
of the quota (Reynolds et al. 2004, p.
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39). The current annual allowable
harvest is 47 bison, which is 2.5 percent
of the population estimate (Reynolds et
al. 2004, pp. 15, 39).
Sport hunting is the primary method
of regulating the growth of the Aishihik
herd, because natural predation on the
herd is low. The Yukon Wood Bison
Technical Team provides advice on
wood bison management that is
sensitive to local conditions (i.e., to
remove wood bison from highway rightof-ways, competition of bison with other
native ungulates), and consistent with
the National Wood Bison Recovery Plan
(Yukon Environment 2009, p. 1). The
annual allowable harvest is determined
each year based on population size and
calf recruitment rate. Harvest from 1999
to 2007/2008 winter season ranged from
65 to 75 animals. In the 2008/2009
winter season, the allowable harvest
increased to 200 because the population
continued to grow under the old quota.
Increased harvest is expected to restrict
the movement of wood bison away from
their traditional range, address highway
safety concerns, and achieve bison
management objectives (Government of
Yukon 2009, p. 1). Resident, nonresident, and First Nations hunters are
required to have a permit to hunt wood
bison. Harvest regulations are strictly
enforced by Yukon Department of
Environment conservation officers,
often in collaboration with local First
Nations Game Guardians.
Hunting in the Hay-Zama herd began
in 2008 for the first time. Hunting was
initiated to regulate the population size,
reduce wood bison conflicts with
humans in the communities of Zama
City and Chatey, reduce wood bisonvehicle collisions on two highways, and
limit wood bison distribution eastward,
preventing potential contact with
diseased bison from WBNP
(Government of Alberta 2010a,
unpaginated). Harvest removed 128 and
155 animals in the 2008/09 and 2009/
10 seasons, respectively (Government of
Alberta 2010b, unpaginated). Three
hundred licenses were issued each year,
200 to Aboriginal hunters and 100 to
recreational hunters. Because the
objectives of reducing herd size and
human conflicts have been met, the total
number of licenses has been reduced in
the 2010/11 season to 105 (Government
of Canada 2010b, unpaginated). Based
on the success rate of the past two
seasons, approximately 50 animals will
likely be harvested. It is estimated that
a population objective of 400–600 wood
bison can be sustained by harvesting
approximately 60 to 70 animals per
season (Government of Canada 2010b,
unpaginated).
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In addition to regulating herd size,
harvest is also used to prevent the
spread of bovine tuberculosis and
brucellosis infection in wood bison.
Under the Northwest Territories BigGame Hunting Regulations, hunters may
shoot any bison sighted within the
Bison Control Area (BCA), an area
located between the WBNP diseased
herd and the Mackenzie and Nahanni
disease-free herds. The goal is to reduce
the risk of bovine tuberculosis and
brucellosis infection of the Mackenzie
and Nahanni herds by removing
infected animals dispersing from WBNP
(see discussion under Factor C).
Thirteen bison were removed from the
BCA in the mid-1990s (Nishi 2002, pp.
12–13). There is currently no authorized
harvest of wood bison in British
Columbia.
Under Canada’s SARA, all collection
of listed species such as wood bison for
scientific purposes is closely regulated.
Scientific research on disease, genetics,
diet, and other aspects of wood bison
life history can and has been done using
animals that have been legally taken by
hunters, animals that died through
natural factors, or road kill (e.g., Tessaro
et al. 1990, p. 175). Scientific research
must relate to the conservation of the
species and be conducted by qualified
persons; the activity must benefit the
species or enhance its chance of
survival in the wild. In addition,
activities affecting the species must be
incidental to carrying out an otherwise
lawful activity. Researchers must
demonstrate awareness of the provisions
of SARA, that measures are being taken
to minimize harm to listed species, and
that the most effective measures for
minimizing harm are adopted.
Harvest of wood bison does not occur
and only a small number of wood bison
have been sporadically taken from
disease-free herds for display in zoos or
wildlife parks. This occurs only when
surplus animals are available and these
surplus animals have typically come
from Elk Island National Park (Gates et
al. 2010, p. 81).
The wood bison was placed in
Appendix I of the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES) on July 1, 1975, when the treaty
first went into effect. CITES is an
international agreement between
governments to ensure that the
international trade of CITES-listed plant
and animal species does not threaten
species’ survival in the wild. There are
currently 175 CITES Parties (member
countries or signatories to the
Convention). Under this treaty, CITES
Parties regulate the import, export, and
reexport of CITES-protected plants and
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animal species (also see Factor D). Trade
must be authorized through a system of
permits and certificates that are
provided by the designated CITES
Scientific and Management Authorities
of each CITES Party (CITES 2010,
unpaginated). Species included in
CITES Appendix I are considered
threatened with extinction, and
international trade is permitted only
under exceptional circumstances, which
generally precludes commercial trade.
Beginning in 1993, the European
Economic Community CITES Working
Group authorized the import of wood
bison trophies from the Mackenzie
population, one of the disease-free herds
with regulated harvest. On September
28, 1997, the wood bison was
downlisted to Appendix II based on a
proposal from Canada, which described
progress made in recovery plan
implementation (Government of Canada
1997, entire). The United States voted in
support of the downlisting. Appendix II
allows for regulated trade, including
commercial trade, as long as the
exporting country issues a CITES permit
based on findings that the specimen was
legally acquired and the export will not
be detrimental to the survival of the
species.
Between the time the wood bison was
first listed in CITES in 1975 and 2009,
169 CITES-permitted shipments have
been reported to the United Nations
Environment Programme–World
Conservation Monitoring Center
(UNEP–WCMC). Of these, 132
shipments have occurred since 1997,
when the wood bison was downlisted to
Appendix II. Of these 132 shipments, 49
(37 percent) were reportedly imported
into the United States and six (four
percent) were shipments permitted for
export from the United States (UNEP–
WCMC 2010, unpaginated). With the
information given in the UNEP–WCMC
database, of the 132 shipments recorded
between 1997 and 2009, approximately
17 shipments consisted of live wood
bison: 13 shipments (165 individuals) of
captive-born/captive-bred wood bison
were traded for commercial, zoological,
or captive-breeding purposes; two
shipments of ranched wood bison (13
individuals) were traded for commercial
purposes; and two shipments of wild
wood bison (18 individuals) were traded
for commercial and captive-breeding
purposes. There has been no trade in
live, wild wood bison reported since
2002. The other 115 shipments since
1997 involved trade in parts and
products (15 trophies, 1,628 kg (3,589
lb) of meat, 9 carvings, 8 skulls and
horns, 304 teeth, 17 skins, 629 scientific
specimens, and 6 garments, leather
products, and hair) of wild, captive-
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born/captive-bred, pre-Convention, and
confiscated wood bison.
As a species listed in Appendix II of
CITES, commercial trade of wood bison
is allowed. However, CITES requires
that before an export can occur, a
determination must be made that the
specimens were legally obtained (in
accordance with national laws) and that
the export will not be detrimental to the
survival of the species in the wild.
Because CITES requires that all
international shipments of wood bison
must be legally obtained and not
detrimental to the survival of the
species, we believe that international
trade controlled via valid CITES permits
is not a threat to the species.
Furthermore, we have no information
indicating that illegal trade is a threat to
this species.
Summary of Factor B
It is possible that, with the ongoing
recovery actions, a status review of
wood bison in Canada could lead to
delisting under SARA within the next
10 years. If this were to happen, we
expect that regulations for recreational
hunting, import of wood bison trophies,
and permitting would change. Our
ability to predict how these changes
would affect the status of the species is
limited; consequently we can only
reliably project for a short time into the
future.
Because harvest rates of free-ranging
wood bison are based on sustainability,
harvest is closely monitored and
regulated, scientific collecting is tightly
controlled, commercial harvest does not
occur in wild populations, and import
and export are controlled via CITES
permits, we have determined that
overutilization for commercial,
recreational, scientific, or educational
purposes is not a threat to wood bison
now or in the foreseeable future.
C. Disease or Predation
Disease
A decision in the early 1920s led to
the transfer of 6,673 plains bison into
WBNP, Alberta, Canada, where
approximately 1,500 disease-free wood
bison resided (FEAP 1990, p. 6; Gates et
al. 1992, pp. 146–147). Although
initially separated by fairly large
distances, the plains bison eventually
co-occurred and interbred with the
wood bison and also transmitted bovine
tuberculosis and brucellosis to them
(FEAP 1990, p. 6; Gates et al. 1992, pp.
146–147). By the late 1940s and early
1950s, the population of wood bison in
WBNP increased to between 12,500 and
15,000 animals (Fuller, 1950, p. 450).
From that level, wood bison numbers
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began to decline from 11,000 in 1971 to
approximately 2,300 by 1998 (Carbyn et
al. 1998, p. 464). The reasons for the
population decline are not known with
certainty, but disease, predation by
wolves, and habitat condition may all
have played a role (Carbyn et al. 1998,
pp. 467–468; Joly and Messier 2004, pp.
1165–1166). Population numbers at
WBNP have stabilized at about 4,000 to
5,000 since 2002 (Table 1).
Bovine tuberculosis and bovine
brucellosis receive special attention
because they cause production losses in
domestic animals, they can potentially
infect humans, and they are required to
be reported under the Canadian Food
and Inspection Agency’s (CFIA) Health
of Animals Act and Regulations (FEAP
1990, p. 7). Although wildlife is not
under their jurisdiction, the CFIA
recognizes the threat of reportable
diseases to the commercial livestock
industry and international trade. The
CFIA follows a strict testing and
eradication program for bovine
tuberculosis and brucellosis in domestic
animals, requiring that all infected
animals and all exposed susceptible
animals be destroyed (Canadian Food
Inspection Agency 2002, unpaginated).
Consequently, there is great concern
from the Canadian cattle industry,
which is currently recognized as
disease-free, that disease will spread
from the wood bison to domestic cattle
(GNT 2009, p. 13). The goal of the
CFIA’s National Bovine Tuberculosis/
Brucellosis Eradication Program is to
detect and eradicate tuberculosis and
brucellosis in farmed animals in Canada
in order to protect the health of foodproducing and companion animals,
safeguard human health, and safeguard
the health of free-roaming wildlife.
Canada recognizes an obligation to
detect, identify, report, and contain
important diseases in wildlife,
especially those with the potential to
impact biodiversity, human and
livestock health, the environment, and
the economy within and beyond their
borders.
The wood bison in and around WBNP
are a reservoir for bovine brucellosis
and bovine tuberculosis. Because there
is a risk that these diseases could spread
to uninfected free-ranging bison herds
or to commercial cattle and bison
operations, limits are placed on herd
expansion to minimize the chance that
the diseased animals come into contact
with either free-ranging, disease-free
herds, or domestic cattle or bison
operations. In addition, the diseased
herds occupy suitable habitat that could
be used for the establishment of diseasefree herds of wood bison. Therefore, the
existence of diseased bison herds in and
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around WBNP compromises further
recovery of wood bison in northern
Alberta, the Northwest Territories, and
British Columbia (Gates et al. 2001, p.
29). The total area compromised by
diseased herds is approximately 218,516
km2 (84,369 mi2) or about 12 percent of
the original range of the wood bison in
Canada (Gates et al. 2001, p. 24). As
mentioned earlier there are no effective
vaccines for the treatment of animals in
free-ranging populations.
The disease-free herds most at risk
from infection from animals at WBNP
are the Mackenzie, Hay-Zama, and
Nahanni. Regulated harvest is allowed
from the Mackenzie herd, Nahanni herd,
and the Hay-Zama herds under permit
systems (as described under Factor B),
in part to prevent overlap with the
diseased herd. In addition, the
Governments of the Northwest
Territories, Alberta, and British
Columbia have designated management
zones to reduce the risk of dispersing
animals transmitting disease to diseasefree herds in their provinces. In 1987,
the Government of the Northwest
Territories implemented a program to
reduce the risk of contact between
infected bison in and around WBNP and
disease-free bison in the Mackenzie and
Nahanni herds by establishing a Bison
Free Management Area (BFMA) (Nishi
2002, pp. 5–6). The BFMA (39,000 km2
(15,058 mi2) encompasses the area
between the Alberta–Northwest
Territories border and southern
shoreline of the Mackenzie River. In
1992, the Government of the Northwest
Territories established the Nuisance
Bison Control Regulations under the
Northwest Territories Wildlife
Regulations Act, permitting eligible
hunters to legally shoot any bison
sighted in the BFMA. All bison within
this area are presumed disease carriers.
The objectives of the program are to
detect and remove any bison, and to
prevent establishment of herds in the
management area (Nishi 2002, p. 6). No
bison were observed in the area during
annual aerial surveys in the period
1988–2006, but 13 bison were killed in
the mid-1990s (Nishi 2002, pp. 12–13;
Hartop et al. 2009, p. 41). Aerial
surveillance occurs annually.
In 1995, the Government of Alberta
established a 36,000 km2 (13,900 mi2)
bison management area around the HayZama herd to protect all bison from
hunting. Within this area, all wood
bison are legally protected under
Alberta’s Wildlife Act; outside of the
area they are not protected and can be
hunted. The area outside of the
protected management area creates a
large buffer zone between the diseasefree Hay-Zama herd and the diseased
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herds within WBNP (Gates et al. 2001,
p. 38).
Control areas and buffer zones
between diseased and non-diseased
populations may not prevent disease
transmission (Canadian Food Inspection
Agency 2002, unpaginated) because
they are sporadically patrolled and
imperfectly enforced. As discussed
earlier, fences are an ineffective method
to contain herds long term, especially
those in large areas (FEAP 1990, p. 29).
Consequently, a long-term, more
sustainable solution is needed to
address this problem.
A Federal Environmental Assessment
Panel (FEAP) was assembled to evaluate
four courses of action to address the
diseased herds at WBNP. These actions
were initially proposed by the Bison
Disease Task Force: (1) Do nothing; (2)
fence WBNP to contain the diseased
bison and prevent the spread of disease;
(3) use a combination of strategically
placed fences, buffer zones exterior to
the Park from which all bison would be
eliminated, and institute land-use
restrictions on cattle grazing; and (4)
phased elimination of the diseased herd
and replacement with disease-free wood
bison (FEAP 1990, p. 15). After public
hearings, and consultation with
technical experts, the panel
recommended eradication of the
existing diseased bison population to
eliminate the risk of transmission of
disease from bison in and around WBNP
to domestic cattle, wood bison, and
humans (FEAP 1990, p. 2). Public
response to this recommendation was
largely negative (Carbyn et al. 1998, p.
464). The recommendation was not
implemented; consequently, control of
disease spread currently depends on the
buffer zones.
Annual examinations and serological
studies of bison harvested from the
Mackenzie herd indicate that the herd
continues to be disease free (Nishi 2002,
p. 23). Over 220 samples from the HayZama herd were received as a result of
the hunts that could be tested for
disease. All samples tested negative
(Government of Canada 2010a,
unpaginated). There is also no evidence
of bovine brucellosis and bovine
tuberculosis in reintroduced herds in
the Yukon Territory, British Columbia,
western Alberta, or Manitoba. Freeranging, disease-free herds currently
include approximately 4,414 wood
bison (Table 1). Because of their
distance from WBNP, the Aishihik and
Chitek Lake herds are the most secure
from disease.
Recovery and conservation efforts for
wood bison emphasize the importance
of preventing the spread of tuberculosis
and brucellosis to disease-free
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populations, and eliminating diseases in
infected populations (Gates et al. 2001,
p. 30). The focus on disease prevention
and control is consistent with the
recovery goals of increasing the number
of disease-free populations. Parks
Canada, through Elk Island National
Park, has worked with the recovery
team and others to develop and
maintain a disease-free captive-breeding
herd, which has provided healthy stock
for several restoration projects (Gates et
al. 2001, p. 18).
Because the northern latitudes are
experiencing the greatest changes in
climate, this area may also be at the
greatest risk for the emergence of
diseases and parasites that may threaten
the stability of wildlife populations
(Kutz et al. 2004, pp. 109, 114).
Warming may be of particular concern
for wildlife in northern regions because
the life-history patterns of most hosts
and parasites are currently constrained
by climatic conditions (Kutz et al. 2004,
p. 114). Researchers have hypothesized
that climate change will accelerate
pathogen development rates, lead to
greater overwinter survival of
pathogens, and modify host
susceptibility to infection in such a way
that the effects of disease will increase
(Ytrehus et al. 2008, p. 214). Wood
bison are susceptible to many diseases
and parasites (Reynolds et al. 2003, pp.
1030–1032). How climate change may
affect the number of animals infected,
the pathogen virulence, and,
consequently, wood bison viability is
unknown.
One potential effect of climate change
may be an increase in anthrax outbreaks
because of increased summer air
temperatures. Between 1962 and 1993,
nine anthrax outbreaks were recorded in
northern Canada, killing at least 1,309
wood bison (Dragon et al. 1999, p. 209).
Additional outbreaks continued to occur
through at least 2007 (GNT 2009, p. 13).
Wood bison appear most susceptible to
outbreaks when they are stressed,
including heat stress and high densities
of biting insects (Dragon et al. 1999, p.
212; Gates et al. 2010, p. 28). In
addition, if climate change leads to
widespread or intense drought, there
could be changes in the quality and
availability of forage that may cause
animals to concentrate around available
food and water. These factors could
contribute to stress levels and increase
susceptibility to anthrax (Dragon et al.
1999, p. 212; Gates et al. 2010, p. 28).
Although isolated anthrax outbreaks
occur currently, it is possible that
outbreaks may become more frequent,
widespread, or affect a greater number
of animals in the future. Thus far,
anthrax outbreaks have occurred
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Predation
Wolf predation can be a significant
limiting factor for diseased populations
of wood bison (Reynolds et al. 1978, p.
581; Van Camp 1987, p. 25). Wood
bison were the principle food of two
wolf packs from 1975 to 1977 in the
Slave River lowlands (Van Camp 1987,
pp. 29, 32). Of the adult and subadult
wood bison that died in 1976–1977,
wolves killed 31 percent; however,
hunters killed 39.3 percent (Van Camp
1987, p. 33). Joly and Messier (2004, p.
1173) found that productivity of the
diseased WBNP herd was insufficient to
offset losses to both predation and
disease, but that in the absence of either
factor, positive population growth was
possible. Presence of disease likely
increased the killing success of wolves
through bison debilitation (Joly and
Messier 2004, p. 1174). Wood bison
evolved with wolves and we have no
data showing that predation by wolves
is limiting the recovery of any of the
disease-free herds or would cause the
extirpation of a herd (ADF&G 2007, p.
98).
are present on the landscape, they will
present an ongoing, low level of threat,
especially to diseased herds.
The presence of disease in the largest
potential donor population of wood
bison (WBNP herd) has limited the
number of animals available for
establishing or augmenting herds
throughout the wood bison’s historical
range and has removed otherwise
optimal habitat from consideration for
expansion of wild populations. The
presence of reportable diseases will
continue to lead to actions that impact
conservation, in particular restriction of
herd expansion and the reintroduction
of herds in particular areas. Although
brucellosis and tuberculosis may limit
wood bison population growth and
productivity in some herds, they are
unlikely to cause extirpation of any
population (Bradley and Wilmshurst
2005, p. 1204; Gates et al. 2010, p. 60),
but when combined with predation herd
size can be limited. Anthrax outbreaks
occur sporadically when critical factors
come together. Climate change could
affect the frequency of outbreaks if
increased temperatures or drought
caused increased levels of stress in the
animals, especially during the rut.
Because disease constrains and inhibits
full recovery of the species, until a
solution for the diseased animals at
WBNP is found, or effective vaccines are
discovered and utilized, disease will
continue to be a threat to wood bison
now and in the foreseeable future.
Summary of Factor C
The presence of disease and diseased
herds is recognized as a factor limiting
recovery (Mitchell and Gates 2002, p.
12). The effectiveness of current
management actions such as
maintaining spatial separation between
diseased and disease-free herds by
limiting herd size is yet to be
determined over long timeframes.
Research is continuing on creation of
disease-free herds. No effective vaccines
exist for brucellosis, tuberculosis, or
anthrax for free-ranging populations. In
addition, although recommendations for
the management of the diseased herds
in and around WBNP have been
suggested (FEAP 1990, p. 2) they have
not yet been implemented, it is
unknown if they will be implemented,
or how implementation of the
recommendations would affect the
status of the subspecies.
Predation by wolves is a natural threat
that will persist indefinitely into the
future. Although diseased herds may be
more susceptible to predation, healthy
herds, which now represent
approximately half of the free-ranging
wood bison, are not. As long as wolves
D. The Inadequacy of Existing
Regulatory Mechanisms
The first protective legislation for
wood bison, making it illegal for anyone
to molest the species, was passed by the
Canadian Government in 1877, but not
until the law was enforced beginning in
1897 did the population increase (Soper
1941, pp. 362–363; Gates et al. 2001, p.
12).
As previously mentioned, the wood
bison was recognized by the COSEWIC
as an endangered subspecies of
Canadian wildlife in 1978. It was
reclassified to threatened in June 1988,
based on a status report prepared by the
National Wood Bison Recovery Team.
The Species at Risk Act (SARA),
enacted on December 12, 2002, became
fully effective on June 1, 2004, and is
the Canadian counterpart to the U.S.
Endangered Species Act. The purpose of
SARA is to prevent listed wildlife
species from becoming extinct or lost
from the wild (extirpated); to help in the
recovery of extirpated, endangered, or
threatened species; and to ensure that
species of special concern do not
become endangered or threatened.
SARA also requires the development of
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sporadically when the necessary factors
have come together to affect portions of
one herd at a time. Anthrax is not
currently having a population-level
effect, and we do not have enough
information to predict with confidence
if anthrax will have a population-level
effect on wood bison in the future as a
result of climate change.
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recovery strategies and action plans for
covered species. In the SARA, the
COSEWIC was established as the
scientific body that identifies and
assesses a species’ status; however, the
government makes the final decision on
whether to list a species.
Species such as wood bison that were
designated as threatened or endangered
by the COSEWIC before SARA had to be
reassessed before being included on the
official list of wildlife species under
SARA. The wood bison is currently
listed as a threatened species under
Schedule 1 of SARA. The National
Recovery Plan for wood bison was
published in 2001 (Gates et al. 2001)
and is currently under revision. As
discussed in the Recovery section
above, many recovery actions have been
implemented and more are in progress.
As discussed under Factor B, SARA
requires permits for all scientific
collection of listed species.
The SARA covers all species on
Federal lands such as national parks,
national wildlife areas, Prairie Farm
Rehabilitation Administration pastures,
aboriginal reserve lands, and military
training areas. It prohibits the killing,
harming, harassing, or taking of
extirpated, endangered, or threatened
species, and the destruction of their
residences (e.g., nest or den) on Federal
lands, except where permitted under a
national recovery strategy (GNT 2009, p.
15). Because the recovery strategy
includes managing herd size for the
health of the habitat and herds (Gates et
al. 2001, pp. 35–39), bison hunting is
allowed under a quota system in the
Nahanni, Mackenzie, and Aishihik
herds (described under Factor B). The
Northwest Territories Big Game Hunting
Regulations consider bison in the Slave
River Lowlands to be hybrids, which
General Hunting License holders may
hunt without limit or closed season. In
the Yukon, the Aishihik herd size is
managed through hunting. In Alberta,
Hay-Zama herd size is managed by
hunting to reduce the likelihood that the
herd will come into contact with
animals from WBNP (GNT 2009, p. 15).
Habitat protection within the range of
the Mackenzie bison herd is facilitated
through the SARA and the Mackenzie
Valley Resource Management Act of
1998. Although the Mackenzie Valley
Resource Management Act does not
specifically provide protection to wood
bison, it did create a Land and Water
Board (LWB), which is given the power
to regulate the use of land and water,
including the issuance of land use
permits and water licenses. The LWB’s
Environmental Impact Review Board is
the main instrument in the Mackenzie
Valley for the examination of the
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environmental impact of proposed
developments. The LWB’s Land Use
Planning Board is given the power to
develop land use plans and to ensure
that future use of lands is carried out in
conformity with those plans.
As described below, several wood
bison herds occur wholly or partially in
National Parks, ecological reserves, or
Provincial Parks (Table 2). In 1922,
WBNP was established in Alberta and
the Northwest Territories for the
protection of wood bison. Habitat
protection of 44,807 km2 (17,300 mi2)
within WBNP occurs through the
Canada National Parks Act, the purpose
of which is to maintain or restore the
ecological integrity of parks, through the
protection of natural resources and
natural processes. With respect to a
park, ecological integrity means a
condition characteristic of its natural
region, including abiotic (nonliving)
components and the composition and
abundance of native species and
biological communities. Renewable
harvest activities can be regulated or
prohibited, and is enforced through this
legislation (Canada National Parks Act,
2000). National parks are protected by
Federal legislation from all forms of
extractive resource use such as mining,
forestry, agriculture, and sport hunting.
Only activities consistent with the
protection of park resources are
allowed. Efforts are directed at
maintaining the physical environment
in as natural a state as possible. Sport
hunting is prohibited; however,
traditional subsistence-level harvesting
by First Nations is allowed in some
areas as long as the resources are
conserved (The Canadian Encyclopedia
2010a, unpaginated).
Ecological reserves are established in
part for the protection of rare and
endangered plants and animals in their
natural habitat; preservation of unique,
rare, or outstanding botanical,
zoological, or geological phenomena;
and perpetuation of important genetic
resources. Research and educational
functions are the primary uses for
ecological reserves, but are open to the
public for non-consumptive,
observational uses. Plans are developed
by the Ministry of Environment to
provide protection and management to
ensure long-term maintenance. Resource
use, such as tree cutting, hunting,
fishing, mining, domestic grazing,
camping, lighting of fires and removal of
materials, plants or animals, and the use
of motorized vehicles are prohibited
(British Columbia 2010, unpaginated).
Although there are numerous parks
and ecological reserves throughout the
range of the wood bison, these areas do
not necessarily encompass all of the
individuals of a herd. Individuals
frequently move into and out of these
areas; therefore, wood bison herds are
only afforded protection while within
the boundaries of the park or ecological
reserve.
TABLE 2—FREE-RANGING WOOD BISON HERDS AND LAND MANAGEMENT UNITS THAT PROVIDE PROTECTION TO THEM
Herd category and
name
Free-ranging, diseasefree herds:
Mackenzie .............
Aishihik ..................
Hay-Zama .............
Nordquist ...............
Etthithun
Nahanni
Chitek Lake
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Free-ranging, diseased
herds:
Wood Buffalo National Park.
Canadian province
Protected area
Northwest Territories ..
Yukon ..........................
Alberta .........................
British Columbia ..........
British Columbia
British Columbia,
Northwest Territories
Manitoba
Mackenzie Bison Sanctuary.
None identified, but occupied habitat is government-owned.
Wildlife Management Area.
Portage Brule Rapids Ecological Reserve, Smith River Ecological Reserve, Smith River
Falls—Fort Halkett Park, Liard River Corridor Park, Liard River Hotsprings Park, Liard
River West Corridor Park, Liard River Corridor Protected Area, Hyland River Park, Muncho
Lake Park, and Milligan Hills Park.
Chitek Lake Reserve.
Alberta, Northwest Territories.
Wood Buffalo National Park.
The Federal Environmental
Assessment and Review Process (EARP)
was introduced in Canada in 1973. In
1995, the Canadian Environmental
Assessment Act replaced EARP and
strengthened the Environmental Impact
Assessment (EIA). The Canadian
Environmental Assessment Act outlines
responsibilities and procedures for the
EIA of projects for which the Federal
Government holds decisionmaking
authority. The purposes of EIAs are to
minimize or avoid adverse
environmental effects before they occur
and incorporate environmental factors
into decisionmaking. All projects in
National Parks must have an EIA. An
EIA is also required under the law of the
provinces and territories. Municipalities
and corporations are subject to the EIA
requirements of their respective
provincial, territorial, or land claim
jurisdictions, and are also subject to the
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Canadian Environmental Assessment
Act if the Federal Government holds
some decisionmaking authority
concerning the proposed development
or the acceptability of its impacts. This
legislation ensures that any projects
conducted on Federal lands, including
National Parks, are carefully reviewed
before Federal authorities take action so
that projects do not cause significant
adverse environmental effects,
including areas surrounding the project.
It encourages Federal authorities to take
actions that promote sustainable
development (Canadian Environmental
Assessment Agency 2010, unpaginated).
If a project is likely to cause significant
adverse environmental effects that
cannot be justified in the circumstances,
even after taking into account
appropriate mitigation measures the
project shall not be carried out in whole
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or in part (Canadian Environmental
Assessment Act (20)(b) and (37)(b)).
The wood bison is listed on Appendix
II of CITES. CITES, an international
treaty among 175 nations, including
Canada and the United States, became
effective in 1975. In the United States,
CITES is implemented through the U.S.
Endangered Species Act. The Secretary
of the Interior has delegated the
Department of the Interior’s
responsibility for CITES to the Director
of the Service and established the CITES
Scientific and Management Authorities
to implement the treaty.
CITES provides varying degrees of
protection to more than 32,000 species
of animals and plants that are traded as
whole specimens, parts, or products.
Under this treaty, member countries
work together to ensure that
international trade in animal and plant
species is not detrimental to the survival
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of wild populations by regulating the
import, export, and reexport of CITESlisted animal and plant species (USFWS
2010, unpaginated). Under CITES, a
species is listed on an Appendix and
receives varying levels of regulation in
international trade through permit and
certification requirements depending
upon the particular Appendix in which
the species is listed (CITES 2010b,
unpaginated). CITES Appendix-II
species are not necessarily considered to
be threatened with extinction now but
may become so unless trade in the
species is regulated. Appendix II allows
for regulated trade, including
commercial trade, as long as the
exporting country issues a CITES permit
based on findings that the specimen was
legally acquired and the export will not
be detrimental to the survival of the
species. As discussed under Factor B,
we do not consider international trade
to be a threat impacting the wood bison.
Therefore, protection under this treaty is
an adequate regulatory mechanism.
Provincial and territorial governments
within Canada can use the Wild Animal
and Plant Protection and Regulation of
International and Interprovincial Trade
Act (WAPPRIITA) to control transport of
wood bison across their borders. This
law applies to wood bison because it is
on the CITES control list. The
WAPPRIITA prohibits the import,
export, and interprovincial
transportation of CITES-listed species or
any Canadian species whose capture,
possession, and transportation are
regulated by provincial or territorial
laws, unless the specimens are
accompanied by the appropriate
documents (licenses, permits). In all
cases, the WAPPRIITA applies to the
animal, alive or dead, as well as to its
parts and any derived products
(Environment Canada 2010, p. 1).
In addition to national-level
legislation that provides protection to
wood bison, there is also protection at
the provincial level. Alberta, the
Northwest Territories, British Columbia,
Manitoba, and the Yukon Territory
classify wood bison as wildlife, which
is the property of the provincial or
territorial government. In 1995, the
Government of Alberta established a
Wildlife Management Area to protect
the Hay-Zama herd and listed the wood
bison as endangered within the
protected area under the Alberta
Wildlife Act (Gates et al. 2010, p. 71).
In this area, all wood bison are legally
protected from hunting; outside of the
area they are not protected.
The Northwest Territories Wildlife
Act enables the Minister of the
Department of Resources, Wildlife, and
Economic Development to prohibit the
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importation of any wildlife into the
Northwest Territories without a permit.
This prohibits uncontrolled importation
of plains bison. In May 1964, wood
bison were declared in danger of
becoming extinct under the Northwest
Territories Act and are now designated
as a protected species in the Northwest
Territories. As such, sport hunting and
subsistence hunting by aboriginal
people may occur, but is regulated.
Wood bison are on British Columbia’s
Red List of species and subspecies that
are candidates for legal designation as
endangered or threatened under the
Wildlife Act (Harper 2002, p. 3). Wood
bison are an endangered species under
the Yukon Act and a ‘‘specially
protected species’’ under the Wildlife
Act (Yukon legislation) and are listed as
protected under Manitoba’s Wildlife
Act. Bison are considered domestic
when held in captivity under permit or
license for game farming purposes. If a
wood bison escapes captivity, the
provincial or territorial government
acquires ownership of the animal and it,
therefore, becomes protected (Harper
and Gates 2000, p. 919).
In the United States, as an endangered
species under the Act, pure wood bison
can be imported only by permit for
scientific research or enhancement of
propagation or survival of the species.
Wood/plains bison hybrids, however,
are not protected by the Act and can be
imported if the required CITES Foreign
Export Permits are obtained from
Canada prior to the import. If the wood
bison is reclassified to threatened,
import of trophies legally taken and
properly permitted under the Act could
also occur. Because of the regulations in
place in Canada for all hunts and the
permits required for import/export
under CITES, we do not anticipate that
reclassification would cause any
increase in the number of animals killed
or have any effect on the herds that are
hunted.
In addition to the protection of CITES
and the Endangered Species Act, the
import of live wood bison and trophies
is also regulated by the U.S. Department
of Agriculture (USDA), Animal and
Plant Health Inspection Service
(APHIS), Veterinary Services for health
purposes (APHIS 2007, entire).
Imported wood bison must be
accompanied by a health certificate that
certifies, among other things, that the
animal is free of any evidence of
communicable disease, was not in
quarantine in Canada, is from a
brucellosis-free province or territory,
and has continuously resided in a
tuberculosis accredited-free province.
Although there is tight control over
the transmission of disease across the
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Canadian border, control of disease
within Canada is more challenging. As
explained above (Factor C), there is a
program to detect and eradicate
tuberculosis and brucellosis in farmed
animals in Canada in order to protect
the health of food-producing and
companion animals, safeguard human
health, and safeguard the health of freeroaming wildlife. In addition, buffer
zones in which dispersing animals may
be harvested have been created around
the diseased herds to reduce the risk of
bovine tuberculosis and brucellosis
infection of the Mackenzie and Nahanni
herds, which are most at risk from
infection from animals at WBNP. In
addition, the Governments of the
Northwest Territories, Alberta, and
British Columbia have designated
management zones to reduce the risk of
dispersing animals transmitting disease
to disease-free herds in their provinces.
However, as noted above, buffer zones
are not ideal for preventing the spread
of disease because they are sporadically
patrolled and imperfectly enforced.
Existing regulations and policies
address the transmission of disease
within Canada, but it is impossible to
regulate the movement of wild animals
across a large, mostly uninhabited
landscape. Thus, we conclude that
regulatory mechanisms are in place to
minimize the spread of disease but
because of the difficulty in containing
herds of wild animals, the mechanisms
are inadequate to prevent the spread of
disease.
Under Factor E, we conclude that loss
of genetic integrity through
hybridization is a threat to wood bison.
Preventing hybridization between plains
bison and free-roaming wood bison is a
goal of the recovery plan and is
important to the conservation of the
subspecies (Gates et al. 2001, p. 33).
There is one free-ranging plains bison
herd in Canada, in British Columbia,
which was established as a result of the
plains bison escaping from their
enclosure. Preventing interbreeding
between free-ranging plains bison and
wood bison is a management objective
in British Columbia and is
accomplished by maintaining a large
physical separation between the herds
and having a management zone around
the plains bison herd that allows harvest
of plains bison within this zone (Harper
et al. 2000, p. 23).
As discussed earlier under Factor A,
plains bison presence on the landscape
is increasing and commercial plains
bison operations in Canada are
expanding. The presence of plains bison
within the historical range of wood
bison increases the probability that
wood bison will come into contact with
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them. Ranchers are most likely highly
motivated by economics to prevent the
escape of their animals and to recapture
them if they do escape. It is unlikely
that additional government regulations
would improve on this basic incentive;
therefore, although there may not be
specific regulations regarding how
plains bison should be contained, such
regulations are not viewed as necessary
or effectual. As mentioned above, buffer
zones are not ideal for preventing the
movement of free-ranging bison. Thus,
although regulations are in place by
which the Pink Mountain plains bison
herd (a free-ranging herd) can be
managed, and there is no indication that
they have not been effective, they may
not be 100 percent effective in
preventing hybridization in the future
because of the difficulty of managing
wild animals over large areas of forested
landscape.
Summary of Factor D
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The wood bison is currently protected
through a variety of regulatory
mechanisms, and we anticipate those
protections to continue. The wood bison
is protected by Canadian Federal,
provincial, and territorial law.
Internationally, its trade is regulated by
CITES. International trade is limited to
animals surplus to recovery needs in
Canada, as determined under guidance
of the National Wood Bison Recovery
Team. In the United States, activities
involving wood bison are regulated by
the Endangered Species Act, and with
reclassification, they will continue to be
regulated. Federal agencies will need to
consult with the Service on activities
that may affect the species, and Federal
permits will be required for scientific
collection or any other form of take.
Disease and hybridization have been
identified as threats to wood bison.
Although buffer zones have been
established and regulations
implemented for the management of the
buffer zones to minimize the potential
of disease spread and hybridization,
buffer zones have limitations and are an
imperfect means by which to prevent
animal movement. Therefore, we
conclude that existing regulatory
mechanisms are inadequate to
completely protect wood bison from
these threats.
E. Other Natural or Manmade Factors
Affecting its Continued Existence
Accidental Mortality
Because bison follow linear
landmarks and prefer open areas,
vehicles on roads and other linear
developments, such as railroad lines,
present a hazard to wood bison.
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Collisions with vehicles are the largest
source of known mortality for
individuals in the Hay-Zama herd
(Mitchell and Gates 2002, p. 9). For the
Nordquist herd, vehicle collisions are a
significant mortality factor (Wildlife
Collision Prevention Program. 2010, pp.
22–23). The herd was established in the
Nordquist Flats area, near the Liard
River in northeastern British Columbia;
however, individuals, and then the
majority of the herd, moved to the
Alaska Highway corridor. In January
2007, a limited aerial survey counted 97
wood bison, all of which were on the
highway right-of-way, except for four
bulls, which were observed within 500
m (1,640 ft) of the road (Reynolds et al.
2009, p. 6). Three of 15 wood bison
introduced to the Etthithun Lake area in
1996 were killed in collisions with
industrial road traffic during the first
winter (Harper and Gates 2000, p. 921).
The Yukon government has a ‘‘bisonfree’’ policy in the vicinity of the Alaska
Highway that includes deterrence,
capture, and ultimately the destruction
of problem animals (Yukon Fish and
Wildlife Co-management undated, p. 1).
During the growth phase of the Aishihik
herd from 1988 to 1993, 49 wood bison
were removed from the Alaska Highway
right-of-way because of vehicle
collisions and problem wildlife
complaints (Boyd 2003, p. 187). Of
these, 36 were captured and moved to
a game farm, 8 were killed in collisions,
and 5 were intentionally killed (Wildlife
Collision Prevention Program 2010,
unpaginated). From 1989 to 2007,
collisions with vehicles killed from 1 to
30 wood bison annually from three
herds combined in the Northwest
Territories; fewer than 10 were killed
annually in 11 of the 18 years (GNT
2009, p. 17; Wildlife Collision
Prevention Program 2010, unpaginated).
Because of continued or increased
resource development, tourism, and offroad vehicle use, it is anticipated that
mortality from collisions with vehicles
will be a source of individual mortality
for several populations. Because
mortality from road collisions
represents a small portion of the total
subspecies population, and efforts are
made to reduce bison/highway conflicts,
this source of mortality is not expected
to have a significant impact at the
subspecies population level.
Spring flooding in the PeaceAthabasca River Delta in 1958, 1961,
and 1974 killed approximately 500,
1,100, and 3,000 wood bison,
respectively (Reynolds et al. 2003, p.
1029). Autumn flooding in the same
area in 1959 killed an estimated 3,000
(Reynolds et al. 2003, p. 1029). This
region is within WBNP where the
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diseased herds reside. Most likely a
small number of animals drown each
year when caught by floods or when
they break through ice (Soper 1941, p.
403). Large drowning events have not
been documented from other rivers, and
no large mortality events have been
documented in recent years. Drowning
is also recognized as a cause of mortality
in the Chitek Lake herd. Because
mortality due to drowning typically
affects only a portion of a herd and herd
sizes are increasing (Table 1), drowning
does not appear to be having a
population-level effect on wood bison.
Although wood bison are hardy and
very cold tolerant (Gates et al. 2010, p.
24), above-average snowfall, long
periods of sub-zero temperatures, and
midwinter thaws followed by freezing
can cause mortality. Such severe winter
conditions reduce forage availability
(Reynolds et al. 2003, p. 1030). Rain on
snow events can also form an ice layer
that creates a barrier to forage for
herbivores (Putkonen 2009, p. 221).
Freezing rain in autumn that causes
ground-fast ice to form before snow
cover accumulates, ice layering in the
snow cover, crusting of the snow, and
the formation of ground-fast ice in
spring increase the energy required to
obtain forage or make forage
unobtainable (Gunn and Dragon 2002, p.
58). Soper (1941, pp. 403–404) recounts
several stories in which excessive
snowfall caused mass mortalities of
wood bison, and Van Camp and Calef
(1987, p. 23) report that 33 percent of
the diseased wood bison herd in the
Slave River lowlands was lost during
the severe winter of 1974–1975.
Starvation in bad winters is recognized
as a source of mortality for wood bison
in the Chitek Lake herd. We have no
information indicating that starvation is
having a population-level effect on any
of the herds currently.
Rain on snow events may likely
increase in the face of climate change
(Rennert et al. 2009, p. 2312). A
doubling of carbon dioxide is estimated
to cause a 40 percent increase in the
area impacted by rain on snow events in
the Arctic by 2080 (Rennert et al. 2009,
p. 2312). Rain on snow events may
become more prevalent primarily in
northwestern Canada, Alaska, and
eastern Russia (Rennert et al. 2009, p.
2312). We have no reports that rain on
snow events have led to the deaths of
bison, but they could be susceptible to
starvation by such events.
Genetic Issues
Genetic diversity in wood bison has
been reduced through the large historic
reduction in overall population size and
the starting of new populations with
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very few individuals (founder effect).
Genetic diversity is the primary means
by which organisms can adapt to
changing environmental conditions over
time. Low levels of genetic diversity can
reduce the ability of a population to
respond to environmental changes.
Current wood bison herds were
established from relatively few founders
(Wilson and Strobeck 1999, pp. 484–
486). For example, the Elk Island
National Park herd was started from 11
individuals, and the Mackenzie herd
was started from 16 (Gates et al. 1992,
p. 150; Wilson and Strobeck 1999, p.
494). Inbreeding, the mating of related
individuals, can lead to lower fecundity,
abnormalities, reduced growth rates,
and other issues. Although inbreeding is
more likely to occur in small herds or
in herds that are isolated, it has not been
documented in wood bison. Starting
new populations with multiple groups
of animals is one way to avoid or
minimize the founder effect as was done
in the establishment of the Aishihik
herd. Moving disease-free animals from
one herd to another is another method
to maintain genetic diversity. One of the
wood bison recovery goals is to ensure
that the genetic integrity of wood bison
is maintained. Because no effects of
inbreeding have been documented and
management actions have been shown
to be effective, we conclude that loss of
genetic diversity is not a threat to wood
bison now or in the foreseeable future.
Hybridization occurs when
individuals from genetically distinct
groups such as wood bison and plains
bison interbreed. The introduction of
plains bison to WBNP in the 1920s put
the two distinct subspecies in contact
with each other and threatened the
genetic purity of wood bison (Gates et
al. 2010, p. 17). The discovery of an
isolated subpopulation of wood bison in
1957, and subsequent translocation of
individuals, created the Mackenzie and
Elk Island National Park herds, which
were thought to be pure wood bison.
Genetic analysis has indicated that these
bison did have limited contact with
plains bison, but it was minimal enough
that the animals exhibit predominantly
wood bison traits and wood bison herds
originating from these founders are
genetically more similar to one another
than they are to plains bison (van Zyll
de Jong et al. 1995, pp. 401–404; Wilson
and Strobeck 1999, p. 493). Although
recovery actions emphasize maintaining
the genetic integrity of wood bison (i.e.,
recovery goal number 3) (Gates et al.
2001, p. 33), as discussed earlier under
Factor A, plains bison presence on the
landscape is increasing. Commercial
plains bison operations in Canada are
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expanding, and the Pink Mountain
plains bison herd was established in
British Columbia as a result of plains
bison escaping from an enclosure. The
commercial plains bison operations and
plains bison herds remove potential
habitat for wood bison, and the presence
of plains bison within the historical
range of wood bison increases the
probability that wood bison will come
into contact with them. For these
reasons, loss of genetic integrity through
hybridization is a threat to wood bison
and will remain so in the foreseeable
future.
Summary of Factor E
Accidental mortality typically occurs
randomly and cannot be predicted. We
expect accidents to continue at the same
rate and scale as they have in the past,
into the future, but only expect this to
effect individuals and not be significant
enough to affect the species as a whole.
Relative to genetic diversity, inbreeding
in wood bison has not been
documented, and management actions
are in place to prevent further loss of
genetic diversity. The status of genetic
issues relating to hybridization could
change relatively rapidly, especially if
plains bison were to escape from
captivity in close proximity to a wood
bison herd. Currently, free-ranging
wood bison and plains bison herds are
widely separated from one another, but
as herd size grows, the separation
shrinks, increasing the odds that they
may come into contact with one
another. Furthermore, bison are difficult
animals to contain, they can travel long
distances, and the wood and plains
bison can readily interbreed.
In summary, accidental mortality will
continue to occur regularly, primarily
through collisions with vehicles and
drowning. In addition, climate change
may create localized weather conditions
such as above-average snowfall, long
periods of sub-zero temperatures, or
ground-fast ice formation that can lead
to winter mortality of portions of herds.
Given the number of herds and their
wide distribution across the landscape,
we conclude that accidental mortality
and starvation are not threats to wood
bison now or in the foreseeable future.
It is recognized that genetic diversity in
wood bison is relatively low, and that
the herds must be managed to maintain
genetic diversity. Loss of genetic
diversity is a factor that may limit the
ability of wood bison to adapt to
changing conditions in the future, but
the magnitude of that limitation, if it
exists, is unknown. Lack of genetic
diversity is potentially limiting over the
long term depending on the magnitude
of environmental change wood bison
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may face. Because no effects of
inbreeding have been documented and
management actions have been shown
to be effective, we conclude that loss of
genetic diversity is not a threat to wood
bison now or in the foreseeable future.
Hybridization with plains bison is a
threat that most likely will increase in
the future. Because of consumer
demand for bison meat we expect
commercial bison production will
continue to expand, removing suitable
habitat for wood bison recovery herds,
and increasing the probability that
escaped plains bison will be free on the
landscape. Hybridization is a threat to
wood bison now and in the foreseeable
future.
Finding
As required by the Act, we considered
the five factors in assessing whether the
wood bison is threatened or endangered
throughout all or a significant portion of
its range. We reviewed the petition,
information available in our files,
comments and information received
after the publication of our 90-day
finding (74 FR 5908), and other
available published and unpublished
information, and consulted with
recognized experts. We have carefully
assessed the best available scientific and
commercial data regarding the past,
present, and future threats faced by
wood bison. This status review found
that threats to wood bison are still
present in factors A, C, D, and E. Habitat
loss has occurred from agricultural
development, and we expect losses will
continue in concert with human growth
and expansion of agriculture, including
commercial bison production. The
presence of bovine brucellosis and
bovine tuberculosis constrains herd
growth as managers attempt to maintain
physical separation between diseased
and disease-free wood bison and cattle
herds, the diseased herds are occupying
habitat that could be restored with
disease-free herds, and disease in the
largest potential donor population
(WBNP herd) prevents those animals
from being used in reintroduction
projects. Plains bison are commercially
produced in historical wood bison
habitat. These operations remove
potential habitat from wood bison
recovery efforts and the escape of plains
bison poses a threat to wood bison
because of hybridization and the loss of
genetic integrity. Finally, we found that
regulatory mechanisms are inadequate
to prevent disease transmission within
Canada, and to prevent hybridization.
In addition to the five factor analysis,
we also considered the progress towards
meeting the recovery goals outlined in
the Canadian recovery plan to
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determine if it is appropriate to
reclassify the wood bison under the Act.
We took into consideration the
conservation actions that have occurred,
are ongoing, and are planned. Since
listing, the subspecies’ status has
improved as a result of the following:
• Enactment and enforcement of
national and international laws and
treaties have minimized the impacts of
hunting and trade.
• Reintroduction of disease-free herds
has increased the number of freeranging herds from 1 population of 300
in 1978 to 7 populations totaling 4,414
bison in 2008.
• Diseased and disease-free, freeranging populations are stable or
increasing.
In sum, the continued reintroduction
of disease-free herds, the ongoing
development and updating of
management plans, the active
management of herds, the ongoing
research, and the protections provided
by laws and protected lands provide
compelling evidence that recovery
actions have been successful at reducing
the threats posed to the species.
The primary factor that led to the
listing of the wood bison was the small
number of free-ranging, disease-free
animals on the landscape. However, the
trend today is towards increasing
numbers of disease-free herds and
population sizes. We find that the
threats identified under factors A, C, D,
and E, when combined with the
increase in number of herds and
population sizes, ongoing active
management, and protections provided
by laws, are not of sufficient
imminence, intensity, or magnitude to
indicate that the wood bison is
presently in danger of extinction and is,
therefore, not endangered. However,
threats to wood bison still exist and will
continue into the foreseeable future.
Consequently, we have determined that
wood bison should be reclassified from
endangered to threatened.
We next consider whether a distinct
vertebrate population segment (DPS)
exists or whether any significant portion
of the wood bison range meets the
definition of endangered.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Distinct Vertebrate Population Segment
Under the Service’s ‘‘Policy Regarding
the Recognition of Distinct Vertebrate
Population Segments Under the
Endangered Species Act’’ (61 FR 4722,
February 7, 1996), three elements are
considered in the decision concerning
the establishment and classification of a
possible DPS. These elements, which
are applied similarly for additions to or
removal from the Federal List of
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Endangered and Threatened Wildlife,
include:
(1) The discreteness of a population in
relation to the remainder of the species
to which it belongs;
(2) The significance of the population
segment to the species to which it
belongs; and
(3) The population segment’s
conservation status in relation to the
Act’s standards for listing, delisting, or
reclassification (i.e., is the population
segment endangered or threatened).
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) It 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.
(2) It 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.
Free-ranging wood bison herds do not
cross international boundaries; no herds
are discrete based on this criterion.
There is marked geographic separation
of the Aishihik and Chitek Lake herds
from those centered more closely
around WBNP, and there is no
possibility of gene exchange between
the Aishihik and Chitek Lake herds and
those near WBNP. Because all extant
wood bison herds originated from the
same founders, there is no reason to
maintain genetic distinctness among the
herds. One of the recovery goals is to
‘‘ensure that the genetic integrity of
wood bison is maintained.’’ Because this
goal can be accomplished through the
movement of relatively few animals
among the herds, it is reasonable to
expect that this is a strategy that may be
employed in the future to maintain
genetic integrity. However, to our
knowledge this strategy has not been
used; therefore, because of marked
geographical separation, the Aishihik
and Chitek Lake herds are determined to
be discrete.
Significance
Under our DPS Policy, in addition to
our consideration that a population
segment is discrete, we consider its
biological and ecological significance to
the taxon to which it belongs. This
consideration may include, but is not
limited to: (1) Evidence of the
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persistence of the discrete population
segment in an ecological setting that is
unique or unusual for the taxon; (2)
evidence that loss of the population
segment would result in a significant
gap in the range of the taxon; (3)
evidence that the population segment
represents the only surviving natural
occurrence of a taxon that may be more
abundant elsewhere as an introduced
population outside its historical range;
and (4) evidence that the discrete
population segment differs markedly
from other populations of the species in
its genetic characteristics (61 FR 4721;
February 7, 1996).
None of the wood bison herds occur
in unique or unusual ecological settings;
they are either in typical historical
habitat or have been established in
habitat that mimics historical habitat
(Chitek Lake herd). Wood bison herds
are currently in a growth phase and are
beginning to fill in gaps in what was
once a much more extensive range.
There are already significant gaps in its
distribution compared to the historical
condition, and no one herd is more
important than another in this regard. In
the unlikely event of a herd being
extirpated, it could be replaced through
management actions that have been
refined and implemented over the last
20 years. Six of the seven free-ranging,
disease-free herds are within the
historical range of the species. Only the
Chitek Lake population is outside of
what is considered the historical range.
All of the herds, except the Mackenzie
herd, were started with animals from
Elk Island National Park, and both the
Mackenzie and Elk Island National Park
herds were initiated from animals from
WBNP.
Because of the founder effect (a small
number of founders which represented
only a portion of the genetic variability
available) and genetic drift, there are
currently distinct, but low, genetic
differences among the herds (Wilson
and Strobeck 1999, p. 493). Wilson and
Strobeck (1999, p. 494) note the power
of the founder effect to lead to
genetically distinct populations even
when the populations were started at
about the same time with animals taken
from the same locale. The low level of
genetic differences among the herds is
an artifact of management actions and
the differences do not represent
significant, unique or special genetic
traits. Therefore, although the Chitek
and Aishihik herds are discrete, we find
that they are not significant and no
herds qualify as a DPS.
Significant Portion of the Range
Having determined that the wood
bison does not meet the definition of an
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endangered species throughout its
range, we must next consider whether
there is a significant portion of the range
where the wood bison is in danger of
extinction. A portion of a species’ range
is significant if it is part of the current
range of the species and is important to
the conservation of the species because
it contributes meaningfully to the
representation, resiliency, or
redundancy of the species. The
contribution must be at a level such that
its loss would result in a decrease in the
ability to conserve the species.
We evaluated the wood bison’s range
in the context of whether any potential
threats are concentrated in a significant
portion of the range such that if there
were concentrated impacts, those wood
bison populations might be in danger of
extinction.
The herds in and around WBNP,
which represent approximately half of
the free-ranging wood bison, have tested
positive for bovine brucellosis and/or
tuberculosis. Approximately 30 percent
of the wood bison in this area test
positive for brucellosis, 21 to 49 percent
test positive for tuberculosis, with a
combined prevalence of 42 percent
(Tessaro et al. 1990, p. 174; Gates et al.
2010, p. 35). It could be argued that the
threat of disease to these populations is
concentrated. However, as discussed
above, these diseases are chronic and
cause slow debilitation, not acute
mortality of large numbers of animals at
one time. The population at WBNP has
persisted with these diseases since the
1920s, and population numbers have
been stable at 4,000 to 5,000 since 2002
(Table 1).
Research into solutions on how to
manage the diseased herds in and
around WBNP continues. In 2005, a
technical workshop was convened to
determine in part if it was technically
possible to remove disease from the
wood bison herds in and around WBNP
(Shury et al. 2006). Technical success
was defined as reestablishing a diseasefree bison population at a similar level
to the current population without any
loss in genetic diversity. The team
determined that:
1. Eradication of bovine tuberculosis
and brucellosis through lethal removal
and reintroduction is technically
feasible, and under controlled
conditions there would be a very high
probability of eradicating both diseases.
2. The eradication of these diseases
would be a long-term project, taking 15–
20 years.
3. The cost was estimated to be
between 62 and 78 million dollars over
20 years with the greatest costs being
incurred during the first 4 years (Shury
et al. 2005, pp. 1–2).
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Although the diseases affect the
fitness of the herds and cause occasional
mortalities, they will not cause herd
extirpation. We are not aware of any
other threat within this area that would
act synergistically with disease and
heighten our level of concern for these
herds. Consequently, although we
recognize that it is desirable to eradicate
these diseases, we conclude that the
threat they present is not of a magnitude
that leads us to delineate the herds in
and around WBNP as being more in
danger of extinction than the other
herds, and, as being a significant portion
of the wood bison range.
In summary, the primary threats to
the wood bison are relatively uniform
throughout the species’ range. We have
determined that none of the existing or
potential threats currently place wood
bison in danger of extinction throughout
all or a significant portion of its range.
Available Conservation Measures
Conservation measures provided to
species listed as endangered or
threatened under the Act include
recognition, requirements for Federal
protection, and prohibitions against
certain practices. Recognition through
listing results in public awareness, and
encourages and results in conservation
actions by Federal governments, private
agencies and groups, and individuals.
Section 7(a) of the Act, as amended,
and as implemented by regulations at 50
CFR part 402, requires Federal agencies
to evaluate their actions within the
United States or on the high seas with
respect to any species that is proposed
or listed as endangered or threatened,
and with respect to its critical habitat,
if any is being designated. However,
given that there are no wild populations
of wood bison in the United States,
critical habitat is not being designated
for this species under section 4 of the
Act.
Section 8(a) of the Act authorizes
limited financial assistance for the
development and management of
programs that the Secretary of the
Interior determines to be necessary or
useful for the conservation of
endangered and threatened species in
foreign countries. Sections 8(b) and 8(c)
of the Act authorize the Secretary to
encourage conservation programs for
foreign endangered species and to
provide assistance for such programs in
the form of personnel and the training
of personnel.
The Act and its implementing
regulations set forth a series of general
prohibitions and exceptions that apply
to all endangered and threatened
wildlife. As such, these prohibitions
would be applicable to the wood bison.
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
6753
These prohibitions, under 50 CFR 17.21
(17.31 for threatened wildlife species),
make it illegal for any person subject to
the jurisdiction of the United States to
‘‘take’’ (take includes harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, collect, or to attempt any of
these) within the United States or upon
the high seas, import or export, deliver,
receive, carry, transport, or ship in
interstate or foreign commerce in the
course of a commercial activity, or to
sell or offer for sale in interstate or
foreign commerce, any endangered
wildlife species. It also is illegal to
possess, sell, deliver, carry, transport, or
ship any such wildlife that has been
taken in violation of the Act. Certain
exceptions apply to agents of the
Service and State conservation agencies.
We may issue permits to carry out
otherwise prohibited activities
involving endangered and threatened
wildlife species under certain
circumstances. Regulations governing
permits are codified at 50 CFR 17.22 for
endangered species, and at § 17.32 for
threatened species. With regard to
endangered wildlife, a permit must be
issued for the following purposes: For
scientific purposes, to enhance the
propagation or survival of the species,
and for incidental take in connection
with otherwise lawful activities. For
threatened species, a permit may be
issued for the same activities, as well as
zoological exhibition, education, and
special purposes consistent with the
Act.
Effects of This Proposed Rule
If made final, this rule would revise
50 CFR 17.11(h) to reclassify the wood
bison from endangered to threatened.
The prohibitions and conservation
measures provided by the Act,
particularly through sections 4(d) and 9
would still apply to this species.
Because there are no wild populations
of wood bison in the United States, no
critical habitat was designated, and
consequently none will be affected. We
are also correcting the 1980 listing to
include Alaska in the historical range
based on the best available scientific
information (Skinner and Kaisen 1947,
p. 158; Stephenson et al. 2001, p. 140;
Rasic and Matheus 2007, p. 385). In
addition, because the 1980 CFR
indicated that the listed entity for wood
bison was a DPS, we are correcting that
mistake. Despite the 1980 designation, it
is clear that the wood bison is listed at
the subspecies level. The CFR through
1980 indicated the Service’s intent of
the original listing; because we have
conducted no rulemaking since that
time, we are making the correction here
to change the scope of the listed entity.
E:\FR\FM\08FEP1.SGM
08FEP1
6754
Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules
The entire ‘‘population’’ of wood bison
in Canada is the full extent of the
subspecies’ current range and no
individuals occur in the wild outside
this population.
Peer Review
Under our peer review policy (59 FR
34270; July 1, 1994), we will solicit the
expert opinions of three appropriate and
independent specialists regarding
pertinent scientific or commercial data
and assumptions relating to the
taxonomy, population models, and
supportive biological and ecological
information on this proposed rule. The
purpose of such review is to ensure that
we base listing decisions on
scientifically sound data, assumptions,
and analysis. To that end, we will send
copies of this proposed rule to these
peer reviewers immediately following
publication in the Federal Register.
Required Determinations
Assessment or Environmental Impact
Statement, as defined under the
authority of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.), in connection with regulations
adopted pursuant to section 4(a) of the
Endangered Species Act. We published
a notice outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
References Cited
A complete list of the references cited
may be obtained from the Alaska
Regional Office (see FOR FURTHER
INFORMATION CONTACT).
Author
Historic range
Vertebrate population where endangered or threatened
Common name
Scientific name
MAMMALS ..................
.................................
.................................
*
Bison, wood .............
*
Bison bison
athabascae.
.................................
*
Canada, Alaska ......
*
Entire ......................
.................................
*
*
Dated: January 28, 2011.
Larry Williams,
Acting Director, Fish and Wildlife Service.
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
emcdonald on DSK2BSOYB1PROD with PROPOSALS
RIN 0648–XZ59
Endangered and Threatened Species;
Extension of Public Comment Period
on Proposed Threatened Status for
Subspecies of the Ringed Seal
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; extension of
public comment period.
Jkt 223001
*
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.
Frm 00053
Fmt 4702
Sfmt 4702
*
*
When listed
Critical
habitat
Special
rules
....................
....................
....................
*
3
NA
NA
....................
Status
....................
....................
*
T
We, NMFS, are extending the
date by which public comments are due
concerning the proposed rule to list the
Arctic (Phoca hispida hispida), Okhotsk
(Phoca hispida ochotensis), Baltic
(Phoca hispida botnica), and Ladoga
(Phoca hispida ladogensis) subspecies
of the ringed seal as threatened under
the Endangered Species Act of 1973, as
amended (ESA). On December 10, 2010,
we published a proposed rule to list
these subspecies as threatened. As part
of that proposal, we announced a public
comment period to end on February 8,
2011. Today we extend the public
comment period to March 25, 2011.
DATES: The deadline for receipt of
comments on the proposed rule
published on December 10, 2010 (75 FR
77476), is extended from February 8,
2011, to March 25, 2011.
ADDRESSES: Send comments to Kaja
Brix, Assistant Regional Administrator,
Protected Resources Division, Alaska
Region, NMFS, Attn: Ellen Sebastian.
You may submit comments, identified
PO 00000
*
*
(h) * * *
*
SUMMARY:
[FR Doc. 2011–2529 Filed 2–7–11; 8:45 am]
17:16 Feb 07, 2011
1. The authority citation for part 17
continues to read as follows:
*
.................................
VerDate Mar<15>2010
Part 17—[AMENDED]
§ 17.11 Endangered and threatened
wildlife.
.................................
AGENCY:
We propose to amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
Endangered and threatened species,
Exports, Imports, Reporting and
Species
*
Proposed Regulation Promulgation
2. Amend § 17.11(h) by revising the
entry ’’Bison, wood’’ under MAMMALS
in the List of Endangered and
Threatened Wildlife to read as follows:
The primary author of this rule is
Marilyn Myers, Ph.D., Ecological
Services, Alaska Regional Office, 1011
E. Tudor Road, Anchorage, Alaska,
99503, (907) 786–3559.
List of Subjects in 50 CFR Part 17
National Environmental Policy Act
We have determined that we do not
need to prepare an Environmental
recordkeeping requirements,
Transportation.
*
*
*
by RIN 0648–XZ59, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record. No comments will be
posted to https://www.regulations.gov for
public viewing until after the comment
period has closed. Comments will
generally be posted without change. All
Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
We will accept anonymous comments
(enter N/A in the required fields, if you
E:\FR\FM\08FEP1.SGM
08FEP1
Agencies
[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Proposed Rules]
[Pages 6734-6754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2529]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R9-IA-2008-0123; MO 92210-1113FWDB B6]
RIN 1018-AI83
Endangered and Threatened Wildlife and Plants; Reclassifying the
Wood Bison (Bison bison athabascae) Under the Endangered Species Act as
Threatened Throughout Its Range
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule and notice of 12-month petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
reclassify the wood bison (Bison bison athabascae) from endangered to
threatened under the Endangered Species Act of 1973, as amended (Act).
This proposed action is amended based on a review of the best available
scientific and commercial data, which indicate that the endangered
designation no longer correctly reflects the status of the wood bison.
This proposal also constitutes our 12-month finding on the petition to
reclassify this subspecies. We are seeking data and comments from the
public on this proposed rule.
DATES: We must receive your written comments on this proposed rule by
April 11, 2011 in order to consider them. We must receive your written
request for a public hearing by March 25, 2011.
ADDRESSES: You may submit written comments and other information by
either of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-IA-2008-0123; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Marilyn Myers at U.S. Fish and
Wildlife Service, Fisheries and Ecological Services, 1011 E. Tudor
Road, Anchorage, Alaska 99503, or telephone 907-786-3559 or by
facsimile at (907) 786-3848. If you use a telecommunications device for
the deaf (TDD), please call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule to reclassify the wood bison as
threatened. The comments that will be most useful and likely to
influence our decisions are those that are supported by data or peer-
reviewed studies and those that include citations to, and analyses of,
applicable laws and regulations. Please make your comments as specific
as possible and explain the basis for them. In addition, please include
sufficient information with your comments (such as scientific journal
articles or other publications) to allow us to authenticate any
scientific or commercial information you include. We particularly seek
comments concerning:
(1) Information on taxonomy, distribution, habitat selection and
use, food habits, population density and trends, habitat trends,
disease, and effects of management on wood bison;
(2) Information on captive herds, including efficacy of breeding
and reintroduction programs, origin of parental stock, stock
supplementation for genetic purposes, growth rates, birth and mortality
rates in captivity, location of captive herds in comparison to wild
populations, effects of captive breeding on the species, and any other
factors from captive breeding that might affect wild populations or
natural habitat;
(3) Information on the adequacy of existing regulatory mechanisms;
trends in domestic and international trade of live specimens, sport-
hunted trophies, or other parts and products; poaching of wild wood
bison; illegal trade and enforcement efforts and solutions; and
[[Page 6735]]
oversight of reintroduction or introduction programs;
(4) Information on the effects of other potential threat factors,
including contaminants, changes of the distribution and abundance of
wild populations, disease episodes within wild and captive populations,
large mortality events, the effects of climate change, or negative
effects resulting from the presence of invasive species;
(5) Information on management programs for wood bison conservation
in the wild, including private, tribal, or governmental conservation
programs that benefit wood bison; and
(6) Current or planned activities within the geographic range of
the wood bison that may impact or benefit the species including any
planned developments, roads, or expansion of agricultural enterprises.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Endangered Species
Act (16 U.S.C. 1531 et seq.) directs that a determination as to whether
any species is a threatened or endangered species must be made ``solely
on the basis of the best scientific and commercial data available.''
Prior to issuing a final rule on this proposed action, we will take
into consideration all comments and any additional information we
receive. Such information may lead to a final rule that differs from
this proposal. All comments and recommendations, including names and
addresses, will become part of the administrative record.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section.
We will post your entire comments--including your personal
identifying information--on https://www.regulations.gov. If your written
comments provide personal identifying information, you may request at
the top of your documents that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Anchorage Regional Office (see FOR FURTHER
INFORMATION CONTACT).
Public Hearing
Section 4(b)(5)(E) of the Act provides for one or more public
hearings on this proposal, if requested. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by the date shown in DATES. We will schedule public
hearings on this proposal, if any are requested, and announce the
dates, times, and places of those hearings, as well as how to obtain
reasonable accommodations, in the Federal Register at least 15 days
before the first hearing.
Background
Section 4(b)(3)(A) of the Act requires the Service to make a
finding known as a ``90-day finding,'' on whether a petition to add,
remove, or reclassify a species from the list of endangered or
threatened species has presented substantial information indicating
that the requested action may be warranted. To the maximum extent
practicable, the finding shall be made within 90 days following receipt
of the petition and published promptly in the Federal Register. If the
Service finds that the petition has presented substantial information
indicating that the requested action may be warranted (referred to as a
positive finding), section 4(b)(3)(A) of the Act requires the Service
to commence a status review of the species if one has not already been
initiated under the Service's internal candidate assessment process. In
addition, section 4(b)(3)(B) of the Act requires the Service to make a
finding within 12 months following receipt of the petition on whether
the requested action is warranted, not warranted, or warranted but
precluded by higher-priority listing actions (this finding is referred
to as the ``12-month finding''). Section 4(b)(3)(C) of the Act requires
that a finding of warranted but precluded for petitioned species should
be treated as having been resubmitted on the date of the warranted but
precluded finding, and is, therefore, subject to a new finding within 1
year and subsequently thereafter until we take action on a proposal to
list or withdraw our original finding. The Service publishes an annual
notice of resubmitted petition findings (annual notice) for all foreign
species for which listings were previously found to be warranted but
precluded.
In this notice, we announce a warranted 12-month finding and
proposed rule to reclassify the wood bison from an endangered species
to a threatened species under the Act.
Previous Federal Actions
The listing history is reconstructed here based on Federal Register
documents and the Code of Federal Regulations (CFR). Wood bison became
listed in the United States under the 1969 Endangered Species
Conservation Act when it was included on the first List of Endangered
Foreign Fish and Wildlife, which was published in the Federal Register
on June 2, 1970 (35 FR 8491). A column labeled ``where found''
indicated ``Canada,'' but the introduction to the list stated that
``[t]he `Where Found' column is a general guide to the native countries
or regions where the named animals are found. It is not intended to be
definitive.''
In 1974, the first list under the 1973 Endangered Species Act
appeared in the CFR. Because the wood bison was listed under the 1969
Endangered Species Conservation Act, there is not a separate Federal
Register notice that defined the population(s) and analyzed threats to
the species. Like the 1970 list, the list for foreign species at 50 CFR
17.11 listed the wood bison, with a ``where found'' column indicating
``Canada.'' Section 17.11 further specified that ``[t]he `where found'
column is provided for the convenience of the public, is not
exhaustive, is not required to be given by law, and has no legal
significance.''
Population-based listings, the precursor to the current Distinct
Population Segments (DPS) approach first appeared with the 1975 list.
In the 1975 CFR, wood bison appeared listed with ``N/A'' (not
applicable) under ``Population.'' Section 17.11(b) stated that the
``Population'' column, along with the scientific and common names,
``define[s] the `species' of wildlife within the meaning of the Act.''
This section for the first time also indicated that ``[t]he
prohibitions in the Act and in this Part 17 apply to all specimens of
the `species' listed, wherever they are found, and to their progeny.''
The ``Known Distribution'' column for wood bison again indicated
``Canada.'' Paragraph (d) of Sec. 17.11 reiterated that the ``known
distribution'' column was ``[f]or information purposes only'' and also
advised that the column ``does not imply any limitation on the
application of the prohibitions in the Act and in this Part 17. Such
prohibitions apply to all specimens of the species, wherever found.''
Wood bison remained listed in this manner until 1979.
In 1979, the Service published a notification in the Federal
Register that questioned the listing status of the wood bison along
with six other species. The
[[Page 6736]]
notification advised that the Service had failed to follow a procedural
requirement of the 1969 Act for these species (consulting with the
governor of any state in which the species is found), and thus
concluded that the U.S. populations of these species were not covered
by the listing, although the foreign populations would continue to be
covered. The notice was also clear that the Service had always intended
for all populations--foreign and domestic--of all seven species to be
covered by the listing. The Service followed up on the notification on
July 25, 1980, with a rule for five of the species in which it proposed
to include the U.S. populations in the listing to correct the
procedural error (45 FR 49844). The 1980 proposed rule did not include
the wood bison. The Service indicated that the procedural error did not
apply to wood bison because no non-hybridized wood bison were found in
the United States. If no pure wood bison occurred in the United States
as of the subspecies' listing under the 1969 Act, there would have been
no States to consult with and, therefore, no procedural listing error.
Although the Service had found no error with the original listing
of the entire wood bison subspecies, the 1980 CFR for the first time
mistakenly indicated that the listed entity for wood bison was a DPS.
The CFR indicated ``Canada'' in the ``Vertebrate population where
endangered or threatened'' column. The listing has remained in this
form through the current CFR. Despite this 1980 designation, it is
clear that the wood bison is listed at the subspecies level. The CFR
through 1980 indicates the Service's intent of the original listing,
and we have conducted no rulemaking since that time to change the scope
of the listed entity. The entire ``population'' of wood bison in Canada
is the full extent of the subspecies' current range and no individuals
occur in the wild outside this population. Therefore, the wood bison in
Canada would not qualify for a population-based listing (i.e., a DPS).
On May 14, 1998, the Service received a petition from a private
individual requesting that the Service remove the wood bison from the
List of Endangered and Threatened Wildlife, primarily because it had
been downlisted under CITES. In a 90-day finding published on November
25, 1998 (63 FR 65164), we found that the petitioner did not provide
substantial information to indicate that the delisting may be
warranted.
On November 26, 2007, we received a petition from the co-chairs of
Canada's National Wood Bison Recovery Team requesting that we
reclassify the wood bison from endangered to threatened. The petition
contained information about recovery efforts in Canada and referred to
information provided to the Service. On February 3, 2009, we published
a 90-day finding (74 FR 5908) acknowledging that the petition provided
sufficient information to indicate that reclassification may be
warranted and that we would initiate a status review. This document
represents both our 12-month finding for wood bison and a proposed rule
to downlist the species.
Species Information
Taxonomy and Species Description
Wood bison (Bison bison athabascae) belongs to the family Bovidae,
which also includes cattle, sheep and goats. Debate over the generic
name Bison continues with some authorities using Bos and others using
Bison depending on the methodology used to determine relationships
among members of the tribe Bovini (Asian water buffalo, African
buffalo, cattle and their wild relatives, and bison) (Boyd et al. 2010,
pp. 13-15.). In this discussion, we will use Bison, which is consistent
with ``Wild Mammals of North America'' (Reynolds et al. 2003, p. 1010),
``Mammal Species of the World'' (Wilson and Reeder 2005, p. 689), and
the Wood Bison Recovery Team (Gates et al. 2001, p. 25). Wood bison was
first described as a subspecies in 1897 (Rhoads 1897, pp. 498-500). One
other extant bison subspecies, the plains bison (B. b. bison), occurs
in the United States and Canada. Based on the historical physical
separation, and quantifiable behavioral, morphological, and
phenological (appearance) differences between the two subspecies, the
scientific evidence indicates that subspecific designation is
appropriate (van Zyll de Jong et al. 1995, p. 403; FEAP 1990, p. 24;
Reynolds et al. 2003, p. 1010; Gates et al. 2010, pp. 15-17).
Wood bison is the largest native extant terrestrial mammal in North
America (Reynolds et al. 2003, p. 1015). Average weight of mature males
(age 8) is 910 kilograms (kg) (2,006 pounds (lb)) and the average
weight of mature females (age 13) is 440 kg (970 lb) (Reynolds et al.
2003, p. 1015). They have a large triangular head, a thin beard and
rudimentary throat mane, and a poorly demarcated cape (Boyd et al.
2010, p. 16). In addition, the highest point of their hump is forward
of their front legs; they have reduced chaps on their front legs; and
their horns usually extend above the hair on their head (Boyd et al.
2010, p. 16). These physical characteristics distinguish them from the
plains bison (Reynolds et al. 2003, p. 1015; Boyd et al. 2010, p. 16).
Distribution
The exact extent of the original range of wood bison cannot be
determined with certainty based on available information, but was
limited to North America (Gates et al. 2001, p. 11). However,
historically, the range of the wood bison was generally north of that
occupied by the plains bison and included most boreal regions of
northern Alberta; northeastern British Columbia east of Cordillera; a
small portion of northwestern Saskatchewan; the western Northwest
Territories south and west of Great Slave Lake; the Mackenzie River
Valley; most of The Yukon Territory; and much of interior Alaska
(Reynolds et al. 2003, pp. 1011-1012). Skinner and Kaisen (1947, pp.
158, 164) suggested that the prehistorical U.S. range extended from
Alaska to Colorado, and Stephenson et al. (2001, p. 140) concluded that
wood bison were present within the boundaries of what is now defined as
Alaska until their disappearance during the last few hundred years.
Currently, there is neither a wild population in Alaska nor the
continental United States (Harper and Gates 2000, p. 917; Stephenson et
al. 2001, p. 140).
During the early 1800s, wood bison numbers were estimated at
168,000, but by the late 1800s, the subspecies was nearly eliminated
with only a few hundred remaining (Gates et al. 2001, p. 11). In the
words of Soper (1941, p. 362), wood ``bison appear to have been
practically exterminated,'' and based on the fate of plains bison, in
which 40 to 60 million animals were reduced to just over 1,000 animals
in less than 100 years (Hornaday 1889; Wilson and Strobeck 1998, p.
180), overharvest may have been the cause for the decline (Harper and
Gates 2000, p. 915). The fact that populations began to rebound once
protection was in place and enforced supports this idea (Soper 1941,
pp. 362-363). In 1922, Wood Buffalo National Park (WBNP) was set aside
for the protection of the last remnant population of wood bison. Since
that time several additional herds have been established (Table 1).
[[Page 6737]]
Table 1--Sizes of Wood Bison Herds in Canada From 1978 to 2008 (Data Provided by Canadian Wildlife Service)
----------------------------------------------------------------------------------------------------------------
Herd category and name 1978 1988 2000 2002 2004 2006 2008
----------------------------------------------------------------------------------------------------------------
Free-ranging, disease-free herds:
Mackenzie.................................... 300 1718 1908 2000 2000 ~2000 1600
Nahanni...................................... ....... 30 160 170 399 400 400
Aishihik..................................... ....... ....... 500 530 550 700 1100
Hay-Zama..................................... ....... ....... 130 234 350 600 750
Nordquist.................................... ....... ....... 50 60 112 140 140
Etthithun.................................... ....... ....... ....... 43 70 124 124
Chitek Lake.................................. ....... ....... 70 100 150 225 300
Free-ranging, diseased herds:
Wood Buffalo \1\ National Park............... ....... ....... 2178 4050 \2\ \3\ \4\
4947 5641 4639
----------------------------------------------------------------------------------------------------------------
\1\ Excluding adjacent diseased Wentzel, Wabasca, and Slave River Lowlands herds.
\2\ Population estimate for year 2003.
\3\ Population estimate for year 2005.
\4\ Population estimate for year 2007.
Another factor that is thought to have played a role in the decline
in wood bison is a gradual loss of meadow habitat through forest
encroachment (Stephenson et al. 2001, p. 143; Quinlan et al. 2003, p.
343; Strong and Gates 2009, p. 439). Although not quantified, it is
likely that because of fire suppression, and subsequent forest
encroachment on meadows, there was a net loss of suitable open meadow
habitat for wood bison throughout their range through about 1990. More
intensive fire management began in Canada in the early 1900s with the
philosophy that fire was destructive and should be eliminated to
protect property and permit proper forest management (Stocks et al.
2003, p. 2). However, wildfire is an integral component of boreal
forest ecology (Weber and Flannigan 1997, p. 146; Rupp et al. 2004, p.
213; Soja et al. 2007, p. 277). Without fire, trees encroach on meadows
and eventually the meadow habitat is lost and replaced by forest.
Habitat
The foraging habitats most favored by wood bison are grass and
sedge meadows occurring on alkaline soils. These meadows are typically
interspersed among tracts of coniferous forest, stands of poplar or
aspen, bogs, fens, and shrublands. Meadows typically represent 5 to 20
percent of the landscape occupied by wood bison (Larter and Gates
1991a, p. 2682; Gates et al. 2001, p. 23). Wet meadows are rarely used
in the summer, probably because of the energy required to maneuver
through the mud, but they are used in late summer when they become
drier, and in the winter when they freeze (Larter and Gates 1991b, pp.
133, 135; Strong and Gates 2009, p. 438). In the summer, when daily
access to surface water is required for hydration, availability of
water is also important (Fortin et al. 2003, pp. 223, 225).
Biology
Characteristic of other grazing ruminants, bison have a four-
chambered stomach that efficiently processes and digests a diet of
grasses high in roughage (Reynolds et al. 2003, p. 1019). Because they
can thrive on coarse grasses and sedges, they occupy a niche within the
boreal forest that is not utilized by other northern herbivores such as
moose or caribou (Gates et al. 2001, p. 25). Several studies indicate
that wood bison prefer sedges (Carex spp.), which can comprise up to 98
percent of the winter diet (Reynolds et al. 1978, p. 586; Smith 1990,
p. 88; Larter and Gates 1991a, p. 2679; Fortin et al. 2003, pp. 224-
225). Seasonally, other important diet items include grasses, willow,
and lichen (Reynolds et al. 1978, p. 586; Smith 1990, p. 88; Larter and
Gates 1991a, pp. 2680-2681; Fortin et al. 2003, pp. 224-225).
Wood bison are gregarious, with cows, calves, and yearlings found
in matriarchal groups ranging up to a few dozen animals (Stephenson et
al. 2001, p. 125; Strong and Gates 2009, p. 438). Mature bulls seldom
form groups of more than a few animals, and solitary bulls are common
(Fuller 1960, p. 11). Wood bison home range size varies with age, sex,
and availability of forage (Larter and Gates 1994, p. 147). Home ranges
of females are larger than those of males (Larter and Gates 1994, p.
147). For wood bison in the Mackenzie Bison Sanctuary, mean area of
home range for females was 897 square kilometers (km\2\) (346 square
miles (mi\2\) and for males 433 km\2\ (167 mi\2\) (Larter and Gates
1994, p. 146). Most likely females need larger areas because they occur
in larger groups than the males (Larter and Gates 1994, p. 142). The
large home ranges of both sexes may be a response to limited forage
availability and widely spaced meadows (Strong and Gates 2009, p. 438).
Free-ranging wood bison roam extensively with annual maximum
traveling distance from each individual's center-of-activity averaging
from 45 to 50 km (28 to 31 mi) (Chen and Morley 2005, p. 430). However,
some captive animals released into the wild have traveled over 250 km
(155 mi) (Gates et al. 1992, pp. 151-152). Herds are fluid and
individuals interchange freely (Fuller 1960, p. 15; Wilson et al. 2002,
p. 1545). Wood bison travel between favored foraging habitats along
direct routes including established trails, roads, river corridors, and
transmission lines (Reynolds et al. 1978, p. 587; Mitchell 2002, p.
50). Bison are also powerful swimmers and will cross even large rivers
such as the Peace, Slave, Liard, and Nahanni to reach forage, provided
that there are low banks for entry and exit (Fuller 1960, p. 5;
Mitchell 2002, pp. 32, 50; Larter et al. 2003, pp. 408-412).
The wood bison's breeding season is from July to October. The age
of first reproduction depends on nutritional condition and disease
status and is, therefore, variable (Gates et al. 2010, p. 49). Females
typically produce their first calf when they are 3 years old and may be
reproductively successful up to age 20 (Wilson et al. 2002, p. 1545).
Although capable of reproduction at age 2, males typically do not
participate in the rut until they are 5 or 6, and reproductive success
is at its maximum between ages 7 and 14 (Wilson et al. 2002, pp. 1538,
1544). Bison have a polygynous mating system, in which one male mates
with several females (Wilson et al. 2002, p. 1538). When habitat is
adequate and there are no other limiting factors such as disease and
predation, wood bison populations have expanded exponentially (FEAP
[[Page 6738]]
1990, pp. 34-35; Gates and Larter 1990, p. 233). Consequently, newly
introduced populations have the capacity to grow quickly, as
demonstrated by the Mackenzie herd (Gates and Larter 1990, p. 235).
Wood bison are susceptible to a variety of diseases that may affect
their population dynamics. The most important are anthrax, bovine
brucellosis, and bovine tuberculosis, none of which are endemic to wood
bison (Gates et al. 2010, pp. 28-32). Anthrax is an infectious
bacterial disease that is transmitted through the inhalation or
ingestion of endospores (Gates et al. 2010, p. 28). The disease is
rapidly fatal with death usually occurring within several days once the
clinical signs appear (Dragon et al. 1999, p. 209). Between 1962 and
1993, nine outbreaks were recorded in northern Canada, killing at least
1,309 bison (Dragon et al. 1999, p. 209). Additional outbreaks
continued to occur through at least 2007 (GNT 2009, p. 13). Factors
associated with outbreaks are high ambient temperatures, high densities
of insects, and high densities of bison as they congregate in areas of
diminishing forage and water (Dragon et al. 1999, p. 212). Sexually
mature males are more susceptible than cows, juveniles, or calves,
perhaps because of elevated levels of testosterone (Dragon et al. 1999,
p. 211). Anthrax is not treatable in free-ranging wildlife, but captive
bison can be vaccinated effectively and treated with antibiotics (Gates
et al. 2001, p. 22).
Bovine brucellosis is caused by the bacterium Brucella abortus
(Tessaro 1989, p. 416). Although the primary hosts are bovids, other
ungulates such as elk can be infected. The disease is primarily
transmitted through oral contact with aborted fetuses, contaminated
placentas, and uterine discharges. Greater than 90 percent of infected
female bison abort during their first pregnancy (Gates et al. 2010, p.
30). Naturally acquired immunity reduces the abortion rate with
subsequent pregnancies (Aune and Gates 2010, p. 30). Male bison
experience inflammation of their reproductive organs and in advanced
cases, sterility. Both sexes are susceptible to bursitis and arthritis
caused by concentrations of the bacterium in the joints, which may make
them more susceptible to predation (Joly 2001, pp. 97-98). Two
vaccines, S19 and SR B51, have been developed in an attempt to prevent
bovine brucellosis (Aune and Gates 2010, pp. 30-31). S19 induces
abortion in cows and is only about 39 percent effective in preventing
infection (Davis et al. 1991, p. 262). SR B51 also induces abortion in
pregnant cows, but calfhood vaccination appears to be an effective tool
in preventing transmission of the disease (Palmer et al. 1996, p. 1607;
Olsen et al. 2003, p. 22). Brucellosis is extremely difficult to
eradicate in ungulates; the combined use of quarantine protocols, serum
testing, slaughter, and vaccination is being explored as a means of
controlling the disease (Nishi et al. 2002, pp. 230-233; Bienen and
Tabor 2006, pp. 324-325; Aune and Gates 2010, p. 31).
Bovine tuberculosis is a chronic infectious disease caused by the
bacterium Mycobacterium bovis (Tessaro 1989, p. 417). Historical
evidence indicates that bovine tuberculosis did not occur in bison
prior to contact with infected domestic cattle (Tessaro 1989, p. 416).
Wood bison were infected in the 1920s when plains bison were introduced
into the range of wood bison (Tessaro 1989, p. 417). Currently, the
disease is concentrated in bison in and near (Wabasca, Wentzel, and
Slave River Lowlands herds) WBNP. The disease is primarily transmitted
by inhalation and ingestion of the bacterium, but may also pass to
offspring through the placenta or contaminated milk (FEAP 1990, p. 11).
Bovine tuberculosis is a chronic disease that progressively becomes
debilitating; advanced cases are fatal. There is not an effective
vaccine for immunization against tuberculosis (FEAP 1990, p. 2).
Wood bison herds in and around WBNP, Alberta and the Northwest
Territories, Canada, are infected with brucellosis and bovine
tuberculosis. These diseased herds account for about half of the free-
ranging wood bison and are the only known reservoirs of tuberculosis
and brucellosis among the herds (Gates et al. 2010, pp. 4, 35).
Approximately 30 percent of the animals in these herds test positive
for brucellosis and 21 to 49 percent test positive for tuberculosis.
The combined prevalence of the two diseases is 42 percent (Tessaro et
al. 1990, p. 174; Gates et al. 2010, p. 35). Wood bison cows infected
with both tuberculosis and brucellosis are less likely to be pregnant,
and infected herds are more likely to have their populations regulated
by wolf predation (Tessaro et al. 1990, p. 179; Joly and Messier 2004,
p. 1173; Joly and Messier 2005, p. 549). Unlike anthrax which occurs in
outbreaks in which many animals die at one time, brucellosis and
tuberculosis are chronic diseases that weaken animals over time.
Conservation Status
In Canada, the Committee on the Status of Endangered Wildlife in
Canada (COSEWIC) was established in 1977, to assess species' status and
evaluate their risk of extinction. In 1978, the COSEWIC designated wood
bison as endangered based primarily on the fact that there were only
about 400 disease-free wood bison; 100 in a captive herd and 300 in a
free-ranging herd. In 1988, wood bison was downlisted to threatened in
Canada because of data presented in a status report prepared by the
National Wood Bison Recovery Team which documented progress towards
recovery (Gates et al. 2001, p. 28; Gates et al. 2010, p. 65). A review
by the COSEWIC in 2000 confirmed that ``threatened'' was the
appropriate designation at that time (Gates et al. 2010, p. 65).
The wood bison was placed in Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) on July 1, 1975, when the treaty first went into effect. On
September 28, 1997, it was downlisted to Appendix II based on a
proposal from Canada that described progress in implementation of the
Canadian recovery plan (Government of Canada 1997, entire). CITES
Appendix-II species are not necessarily considered to be threatened
with extinction now but may become so unless trade in the species is
regulated. The United States voted in support of the downlisting.
Recovery Actions
Section 4(f) of the Act directs us to develop and implement
recovery plans for the conservation and survival of endangered and
threatened species, unless the Director determines that such a plan
will not promote the conservation of the species. The Service has not
developed a recovery plan for wood bison, because no wild populations
of wood bison currently exist in the United States. In Canada, the
National Wood Bison Recovery Team published a national recovery plan in
2001 (Gates et al. 2001) and is currently preparing a revision to the
plan. The purpose of the recovery plan is to advance the recovery of
the wood bison; specific criteria for delisting under SARA were not
specified. Management plans for the provinces support the goals and
objectives of the National Recovery Plan (e.g., Harper and Gates 2000,
p. 917; GNT 2009, p. 4). Four goals were established to advance the
recovery of wood bison (Gates et al. 2001):
(1) To reestablish at least four discrete, free-ranging, disease-
free, and viable populations of 400 or more wood bison in Canada,
emphasizing recovery in their original range, thereby
[[Page 6739]]
enhancing the prospects for survival of the subspecies and contributing
to the maintenance of ecological processes and biological diversity.
(2) To foster the restoration of wood bison in other parts of their
original range and in suitable habitat elsewhere, thereby ensuring
their long-term survival.
(3) To ensure that the genetic integrity of wood bison is
maintained without further loss as a consequence of human intervention.
(4) To restore disease-free wood bison herds, thereby contributing
to the aesthetic, cultural, economic, and social well-being of local
communities and society in general.
Revisions to the List of Endangered and Threatened Wildlife
(adding, removing, or reclassifying a species) must reflect
determinations made in accordance with sections 4(a)(1) and 4(b) of the
Act. Section 4(a)(1) requires that the Secretary determine whether a
species is endangered or threatened, as defined by the Act, because of
one or more of the five factors outlined in section 4(a)(1). In other
words, an analysis of the five factors under 4(a)(1) can result in a
determination that a species is no longer endangered or threatened.
Section 4(b) requires the determination made under section 4(a)(1) be
based on the best scientific and commercial data available and after
taking into account those efforts, if any, being made by any State or
foreign nation to protect such species. In the absence of a recovery
plan for wood bison in the United States, we rely on the five-factor
analysis and progress towards meeting the recovery goals outlined in
the Canadian recovery plan in this proposed rule to determine if it is
appropriate to reclassify wood bison. We also take into consideration
the conservation actions that have occurred, are ongoing, and are
planned.
In 1978, there was one free-ranging, disease-free herd with 300
individuals, the MacKenzie herd (Table 1). By 2000, when the last
Canadian status review was conducted, the number of disease-free herds
had grown to 6, with a total of approximately 2,800 individuals (Table
1). Since 2000, an additional herd has been established bringing the
total number to 7, and the number of disease-free, free-ranging bison
has increased to approximately 4,400 (Table 1). Four of the herds have
a population of 400 or more, meeting recovery goal number 1 (Table 1).
The free-ranging, disease-free herds are discussed in detail below.
Free-ranging Herds, Disease-free Herds
The Mackenzie bison herd was established in 1963 with the
translocation of 18 wood bison that were originally captured in an
isolated area of WBNP. This herd is currently the largest free-ranging,
disease-free herd of wood bison, with approximately 1,600 to 2,000
animals (Reynolds et al. 2004, p. 7). The Mackenzie Bison Sanctuary was
established in 1979 and encompasses an area of 6,300 km\2\ (2,432
mi\2\) northwest of Great Slave Lake. The current range of the
Mackenzie bison herd (12,000 km\2\ (4,633 mi\2\)) extends well beyond
the boundaries of the sanctuary. Habitat protection within the range of
the Mackenzie bison herd is facilitated through the SARA, Canada's
equivalent to the Act, and the Mackenzie Valley Resource Management Act
of 1998. Although the Mackenzie Valley Resource Management Act does not
specifically provide protection to wood bison, it did create a Land and
Water Board (LWB), which is given the power to regulate the use of land
and water, including the issuance of land use permits and water
licenses. Under current management, an annual harvest is allowed
(described in Factor B below), and the Mackenzie herd size has been
greater than the recovery target of 400 since 1987, with approximately
1,600 to 2,000 animals (Gates and Larter 1999, p. 233; Table 1). Thus,
the Mackenzie herd contributes to recovery goals 1 and 4.
Five releases of wood bison totaling 170 animals from 1988 to 1991
established the Aishihik herd in southwestern Yukon, in a remote area
west of Whitehorse, Canada. Herd size has totaled over 400 since 1999
(Gates et al. 2001, p. 14; Table 1). With a current population of
approximately 1,000 animals, it is the second-largest herd. The herd
inhabits approximately 9,000 km\2\ (3,475 mi\2\) of largely undeveloped
habitat near the community of Haines Junction, adjacent to Kluane
National Park. Less than 5 percent of the range of the Aishihik herd is
on private lands (First Nation Settlement Lands), and these landowners
participate in a management planning team specifically for this herd.
The remainder of the herd's range is owned by the Government of Canada,
and there are no threats to habitat in this area (Reynolds et al. 2004,
p. 9). The herd has room to expand or shift its range, because there
are no large-scale developments east, west, or north of the present
range for several hundred kilometers. Small-scale agricultural
development to the south of the present range, however, could restrict
range expansion in that direction (Reynolds et al. 2004, p. 9).
Regulated hunting occurs on this herd (described in Factor B below).
Other than regulated harvest, no other limiting factors have been
identified (Reynolds et al. 2004, p. 17). The Aishihik herd contributes
to recovery goals 1, 2, and 4.
The Hay-Zama herd was established in 1984, when 29 wood bison were
transferred from Elk Island National Park to the holding corral site
near Hay-Zama Lakes, Alberta (Gates et al. 2001, p. 17). A herd of 48
wood bison became free-ranging when portions of the corral they were
being held in collapsed in 1993 (Gates et al. 2001, p. 17). Since then,
the free-ranging herd has grown to approximately 750 animals (Table 1),
thus contributing to recovery goals 1, 2, and 4. In 1995, the
Government of Alberta established a 36,000 km\2\ (13,900 mi\2\) Bison
Management Area around the Hay-Zama herd in the northwestern corner of
the province. In this area, all wood bison are legally protected from
hunting under Alberta's Wildlife Act; outside of the area they are not
protected. Collisions with vehicles are the largest source of known
mortality for individuals in this herd (Mitchell and Gates 2002, p. 9).
The Nahanni herd, established in 1980 with the release of 28 wood
bison, occurs primarily in southeast Yukon and northeast British
Columbia. Population size has been approximately 400 animals or more
since 2004 (Table 1). Availability of suitable habitat may limit this
herd's size (Gates et al. 2001, p. 17). The Nordquist herd was
established in 1995, near the Laird River in northeastern British
Columbia (Table 1). Because the majority of the herd occupies habitat
near the Alaska Highway, vehicle collisions are the primary source of
mortality (Reynolds et al. 2009, p. 6). It is anticipated that the
Nordquist and Nahanni herds will eventually coalesce into one herd
because of their close proximity and the presence of river corridors
that provide travel corridors (Gates et al. 2001, p. 18). Although it
has not yet occurred, combination of the two herds would create a herd
with numbers that exceed the recovery criterion of 400 (Table 1).
The Etthithun herd was established in 2002, near Etthithun Lake,
British Columbia. Factors limiting the size of this herd include the
amount and location of suitable habitat, conflicts with humans and
industrial development, and potential contact with commercial plains
bison (BC MOE, pers. comm., 2010). Current population size is
approximately 124 (Table 1);
[[Page 6740]]
consequently, this herd does not currently meet the recovery criterion
of 400 individuals. However, it does contribute to recovery goals 2 and
4.
The Chitek Lake herd was established in 1991, in Manitoba, Canada.
The Chitek Lake Wood Bison Management Committee plans to maintain the
herd at approximately 300 animals to keep the herd within carrying
capacity of the habitat. The 100,300 hectare (ha) (25,452 acre (ac))
Chitek Lake Park Reserve provides habitat protection for the core range
of the herd. Limiting factors for the herd include accidental mortality
from drowning, starvation in bad winters, and predation from wolves
(Manitoba Conservation, pers. comm., 2010). Although outside of the
historic range of wood bison, Chitek Lake herd plays an important role
in wood bison conservation because it is an isolated disease-free herd
and, consequently, provides security to the species through population
redundancy, thus contributing to recovery goal 2.
Captive Disease-free Herds
In addition to the free-ranging wood bison herds discussed above,
four captive herds have been established, although only three are
currently viable. The Elk Island National Park herd in Alberta, Canada,
was established in 1965 from wood bison transferred from an isolated
portion of WBNP. It is the national conservation herd and has provided
disease-free stock for six of the free-ranging populations and several
captive breeding herds in zoos and private commercial ranches (Gates et
al. 1992, p. 153). Carrying capacity at Elk Island National Park is
approximately 350 animals; animals above this number are regarded as
surplus and are removed to establish and supplement free-roaming
populations in former areas of their historic range (Parks Canada
2009a, unpaginated). Although the herd is fenced, the animals are semi-
wild and spend the majority of their time roaming the 65 km\2\ (25
mi\2\) enclosure, interacting with the environment in a largely natural
manner (Gates et al. 2001, p. 18). The herd is rounded up annually to
test for disease and to vaccinate for common cattle diseases. The age,
sex, and condition of all the individuals are determined to inform
management decisions. Using this information, individuals are selected
for sale, donation, or the establishment of new herds, which also
controls the population size of the herd (Parks Canada 2009b,
unpaginated). This conservation herd contributes to recovery goals 2,
3, and 4.
The Hook Lake Wood Bison Recovery Project was initiated to
establish a captive, disease-free herd from a wild herd infected with
brucellosis and tuberculosis. The overall objective of the project was
to determine the feasibility of genetic salvage from a diseased herd
(Nishi et al. 2002, p. 230). Specific objectives of the project were to
conserve the genetic integrity of the wild herd by capturing an
adequate number of calves; provide intensive veterinary and
preventative drug treatment to eliminate disease from the calves; and
raise a disease-free herd from the salvaged calves (Nishi et al. 2002,
p. 229). From 1996 to 1998, 62 calves were captured. The disease
eradication protocol included orphaning new-born wild-caught calves to
minimize their exposure to B. abortus and M. bovis, testing calves for
antibodies to brucellosis prior to inclusion in the new herd, treatment
with antimycobacterial and anti-Brucella drugs, and intensive whole-
herd testing for both diseases (Nishi et al. 2002, p. 229). By 2002,
the herd size was 122. In 2006, after 9 years of intensive management,
the herd was destroyed because bovine tuberculosis was discovered in
2005 in 2 founding animals and 10 captive-born animals, even though all
animals initially tested disease-free. The herd provided valuable
information on genetic salvage, genetic management, captive breeding
for conservation, disease testing, and the difficulties involved in
eradicating disease (Wilson et al. 2003, pp. 24-35). The Hook Lake Herd
contributed to recovery goal 3.
In April 2006, 30 wood bison calves were transferred from Elk
Island National Park to Lenski Stolby Nature Park near Yakutsk, Sahka
Republic (Yakutia), Russia. An additional 30 head are to be transferred
in 2011. Although outside the historical range, this was an opportunity
to create another geographically separate population which provides
added security to the species through population redundancy, thereby
contributing to recovery goal 2. Transfer of wood bison to Russia was
specifically mentioned in the recovery plan because it would contribute
to the global security of the species (Gates et al., 2001, p. 14).
In June 2008, 53 disease-free wood bison were transferred from Elk
Island National Park to the Alaska Wildlife Conservation Center in
Portage, Alaska. Consequently, this captive herd currently contributes
to recovery goal number 2 through population redundancy. Ultimately,
the Alaska Department of Fish and Game (ADFG) plans to restore wood
bison populations in one to three areas in interior Alaska, with
potential herd size of 500 to 2,000 or more depending on the location
(ADF&G 2007, p. 79). Environmental analysis of the project is currently
under review. The National Wood Bison Recovery Team in Canada
recommended establishing one or more populations in Alaska in areas
that can support 400 or more animals (Gates et al. 2001, p. 31).
Establishment of one or more herds in Alaska would be a significant
contribution to increasing the number of secure, disease-free, free-
roaming herds.
Summary of Progress Toward Recovery
In summary, since 1978, the number of free-ranging, disease-free
herds has increased from 1 to 7, and the number of wood bison has
increased from approximately 400 to over 4,000. The first recovery goal
of establishing 4 free-ranging, disease-free herds with 400 or more
animals has been met, and planning is underway to create one or more
herds in Alaska. Although the number of herds needed to meet recovery
goal 2 was not specified, progress has been made on the second goal
with the establishment of disease-free herds in Russia; Manitoba,
Canada; and Alaska. The Hook Lake Bison Recovery Project was a well-
planned, science-based attempt to conserve the genetic diversity of a
diseased herd and would have contributed greatly to recovery goal 3.
Although ultimately the project was unsuccessful, a great deal of
knowledge was gained (Wilson et al. 2003, pp. 62-67). The wood bison
recovery team is very aware of the need to maintain genetic diversity
in the herds and establishes new herds with the goal of maintaining
genetic diversity through multiple introductions (i.e., the Aishihik
herd and Hook Lake herd). The establishment of six additional herds on
the landscape since 1978 contributes to recovery goal 4. In addition,
the captive population at Elk Island National Park has provided
disease-free stock for those six additional herds and two captive
herds. It is clear that there is active management of the herds, and
multiple avenues of research are being funded and pursued regarding the
biology and management of wood bison. Progress towards the recovery
goals outlined in the national recovery plan, published by the National
Wood Bison Recovery Team, is moving forward steadily.
Summary of Factors Affecting the Subspecies
Section 4 of the Act and implementing regulations (50 CFR part 424)
set forth procedures for adding species to, removing species from, or
reclassifying species on the Federal Lists of Endangered and Threatened
[[Page 6741]]
Wildlife and Plants. Changes in the List can be initiated by the
Service or through the public petition process. Under section 4(a)(1)
of the Act, a species may be determined to be endangered or threatened
based on any of the following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
We must consider these same factors in downlisting a species. In
making this 12-month finding on the petition, we evaluate whether the
species must be listed as endangered or threatened because of one or
more of the five factors described in section 4(a)(1) of the Act. For
species that are already listed as endangered or threatened, we
evaluate both the threats currently facing the species and the threats
that are reasonably likely to affect the species in the foreseeable
future following the delisting or downlisting and the removal or
reduction of the Act's protections.
Under section 3 of the Act, a species is ``endangered'' if it is in
danger of extinction throughout all or a significant portion of its
range and is ``threatened'' if it is likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range. ``Foreseeable future'' is determined by the
Service on a case-by-case basis, taking into consideration a variety of
species-specific factors such as lifespan, genetics, breeding behavior,
demography, threat projections timeframes, and environmental
variability. The word ``range'' in the phrase ``significant portion of
its range'' (SPR) refers to the range in which the species currently
exists, and the word ``significant'' refers to the value of that
portion of the range being considered to the conservation of the
species.
For the purposes of this analysis, we will evaluate all five
factors currently affecting, or that are likely to affect, the wood
bison to determine whether the currently listed species is threatened
or endangered.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Loss of Foraging Habitat
Fire Suppression
Wood bison depend on a landscape that includes sufficient
grasslands and meadows for foraging habitat (Larter and Gates 1991b, p.
133). It appears that primarily through fire suppression, there was an
overall loss of meadow habitat in Canada through the 1900s. More
intensive fire management began in Canada in the early 1900s with the
philosophy that fire was destructive and should be eliminated to
protect property and permit proper forest management (Stocks et al.
2003, p. 2). However, wildfire is an integral component of boreal
forest ecology (Weber and Flannigan 1997, p. 146; Rupp et al. 2004, p.
213; Soja et al. 2007, p. 277). Without fire, trees encroach on meadows
and eventually the meadow habitat is lost and replaced by forest.
Fire alone, or in combination with grazing, can facilitate the
conversion and maintenance of grasslands (Lewis 1982, p. 24; Chowns et
al. 1997, p. 205; Schwarz and Wein 1997, p. 1369). Burning by Native
groups within the range of wood bison was apparently a common practice
through the 1940s outside WBNP but ended within the park when it was
established in 1922 (Lewis 1982, pp. 22-31; Schwarz and Wein 1997, p.
1369). An examination of aerial photographs taken at WBNP over time
showed that a semi-open grassland that covered about 85 ha (210 ac) in
1928 supported a grassland of only 3 ha (7.4 ac) in 1982 (Schwarz and
Wein 1997, p. 1369). In addition, a number of sites previously
identified as prairie are now dominated by trembling aspen (Schwarz and
Wein 1997, p. 1369). Although not quantified, it is likely that because
of fire suppression and forest encroachment on meadows, there was a net
loss of suitable open meadow habitat for wood bison throughout their
range through about 1990. More recently, several factors may be
counteracting the loss of open meadow habitat including controlled
burns, timber harvest, oil and gas development, and the effects of
climate change, as discussed below.
Controlled Burns
Controlled burns have been implemented since 1992 in wood bison
habitat in the Northwest Territories to increase meadow habitat (Chowns
et al. 1997, p. 206). Approximately 4,400 to 26,900 ha (10,873 to
66,471 ac) were burned from 1992 to 1997 with some sites being burned
up to three times (Chowns et al. 1997, pp. 206-207). In addition,
lightning fires burned 300,000 ha (741,316 ac), or almost 20 percent of
the wood bison range in this area, from 1994 to 1996 (Chowns et al.
1997, p. 209). Plants favored by bison were more abundant in unburned
areas and in meadows that had burned only once (Quinlan et al. 2003, p.
348), indicating that prescribed burns must be used judiciously to be
effective in creating foraging habitat for wood bison. A study of
vegetation recovery and plains bison use after a wildfire near
Farewell, Alaska (Campbell and Hinkes 1983, p. 18) showed that grass
and sedge-dominated communities increased from 38 percent to
approximately 97 percent of the study area. Plains bison use also
increased in subsequent years after the fire, and winter distribution
of the Farewell herd expanded due to fire-related habitat changes
(Campbell and Hinkes 1983, pp. 18-19). Because sedges are important
winter forage for wood bison, the amount of such habitat has a major
influence on herd size. Newly created habitats will be used by wood
bison when these habitats are contiguous with existing summer or winter
ranges (Campbell and Hinkes 1983, p. 20).
In summary, studies that have looked at the exclusion of fire or
the effect of wildfire on wood bison habitat have concluded that fire
is a necessary component of the landscape to maintain clearings and
create conditions that favor forage preferred by wood bison. Controlled
burns can have the same effect as wildfire by creating openings in the
forest. However, repeated burns in the same location can be detrimental
to creating suitable forage.
Timber Harvest
The volume of timber logged in Canada rose 50 percent from 1970 to
1997; in Alberta, the logging rate increased 423 percent from 3.4 to
17.8 million m\3\ (120 to 628 million feet (ft)\3\) per year during the
same time (Timoney and Lee 2001, p. 394). These values are conservative
because forests logged on private land and those harvested on
government land after fire, insect outbreaks, or disease may go
unrecorded (Timoney and Lee 2001, p. 395). The primary method of
harvest is clearcutting (Timoney and Lee 2001, p. 394). Compared to a
closed canopy forest, clearcuts improve the amount of suitable habitat
available to wood bison because they create openings and increase the
amount of summer forage available. However, the quantity and quality of
forage is less than what is found in preferred wood bison foraging
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habitats, and the increased productivity seen after a clearcut is not
maintained, as woody vegetation becomes more dominant over time
(Redburn et al. 2008, p. 2233). In addition, clearcuts do not provide
adequate winter forage because wood bison's preferred food, sedges,
typically do not colonize these areas. Clearcutting is not being used
as a management tool to increase wood bison habitat currently, and
whatever gains in habitat that have occurred from clearcutting are most
likely low.
In summary, although timber harvest occurs throughout the range of
wood bison, it is unclear to what extent it is creating suitable
habitat. Clear cuts can increase summer forage, but they need to be in
proximity to sedge meadows (wintering habitat) to increase the annual
carrying capacity for wood bison, and the openings created by the clear
cuts must be maintained over time. Although timber harvest has the
potential to increase the amount of suitable habitat for wood bison,
the amount that may have been created is most likely low and is
undocumented.
Oil and Gas Development
Oil and gas exploration and production in Canada has increased in
the last 20 years (Timoney and Lee 2001, pp. 397-398). Seismic mapping
to determine the oil and gas reserves below the surface involves
cutting paths 5 to 8 meters (m) (16.4 to 26 ft) wide across the
landscape. The seismic lines become persistent features in the forested
boreal landscape (Lee and Boutin 2006, p. 249). Approximately 70
percent of landscape disturbance for non-renewable resource extraction
in Alberta is due to seismic lines (Timoney and Lee 2001, p. 397).
There are an estimated 1.5 to 1.8 million km (932,000 to 1,100,000 mi)
of seismic lines in Alberta (Timoney and Lee 2001, p. 397). Lee and
Boutin (2006, p. 244) found that only 8.2 percent of seismic lines in
Alberta's northeastern forested stands recovered to greater than 50
percent woody vegetative cover after 35 years, and 64 percent of these
seismic lines maintained a cover of grasses and herbs. In terms of
creating forest openings, more suitable foraging habitat, and linear
paths, seismic lines may be beneficial for wood bison. However, because
vehicular routes were established in 20 percent of the seismic lines,
they also become corridors for off-road vehicles, recreationalists, and
poachers (Trombulak and Frissell 2000, pp. 19-20; Timoney and Lee 2001,
p. 400; Lee and Boutin 2006, p. 244). Although wood bison are known to
occupy linear clearings such as roads, and seismic lines have increased
dramatically within their range, potentially creating suitable habitat,
we do not have documentation of wood bison use of this type of habitat.
Agricultural Development
The popularity of bison as an alternative to beef in human diets
has led to a growth of commercial bison ranches in Canada and the
United States (Gates et al. 1992, p. 155). Exports of bison meat from
Canada doubled to over 2 million kilograms (2.3 tons) from 2001 to 2006
(Statistics Canada 2009a, unpaginated). Plains bison dominate
agricultural production in Canada because commercial production of this
subspecies has been in place much longer than it has been for wood
bison (Gates et al. 1992, p. 156; Harper and Gates 2000, p. 919). Bison
production in Canada is concentrated in the western provinces, within
the historical range of wood bison. In 2006, there were 195,728 plains
bison on 1,898 farms reporting in the Canadian National Census; an
increase of 35 percent from 2001 (Statistics Canada 2009b,
unpaginated). Thus, plains bison represented approximately 95 percent
of the total bison on the landscape in Canada in 2006. Existence and
expansion of commercial plains bison production reduces the amount of
land available for wild wood bison populations and increases the risk
of hybridization when plains bison escape captivity (Harper and Gates
2000, p. 919; Gates et al. 2001, pp. 24, 29). Demand currently exceeds
supply; therefore, expansion of commercial plains and wood bison
operations is expected to continue (Gates et al. 2001, p. 24)
Escape of plains bison from fenced enclosures within the range of
the wood bison in Canada poses a threat to the genetic integrity of
wood bison (Gates et al. 1992, p. 156; Gates et al. 2001, p. 24).
Because of their size, strength, and undomesticated nature, typical
fences are insufficient to restrain bison (FEAP 1990, p. 29; Harper and
Gates 2000, p. 919). Maintenance of fences can be a challenge in harsh
environments where tree-fall, snow, ice, and frost heave can impair the
integrity of the fence and necessitate frequent repairs. The import of
plains bison to a private ranch near Pink Mountain, British Columbia,
led to the establishment of a free-ranging herd of plains bison after
they escaped their enclosure (Gates et al. 1992, p. 156).
In addition to commercial production, free-ranging, publicly
managed plains bison herds have been established outside their
historical range and within the historical range of wood bison in
Alaska and Canada (Gates et al. 2010, p. 56). Because of the potential
for hybridization, these herds limit where wood bison can be
reintroduced. Five plains bison herds occur in Alaska and one occurs in
British Columbia, Canada (Gates et al. 2010, p. 56). None of these
plains bison herds occur in close proximity to free-ranging wood bison
herds with the exception of one herd--the Pink Mountain herd, British
Columbia, which also occupies habitat that could have been used for
wood bison (Harper et al. 2000, p. 11). Preventing interbreeding
between free-ranging plains bison and wood bison is a management
objective in British Columbia and is accomplished by maintaining a
large physical separation between the herds and having a management
zone around the plains bison herd that allows harvest of plains bison
within this zone (Harper et al. 2000, p. 23).
Agricultural development, including plains bison ranching, is the
least compatible land use for wood bison recovery (Harper and Gates
2000, p. 921). Loss of habitat for agricultural production is a threat
to wood bison because of the large areas involved. Agricultural
development near Fort St. John and Fort Nelson, British Columbia, has
reduced habitat for wood bison, and continuing expansion of agriculture
in the north will further limit the ability to meet population recovery
objectives (Harper and Gates 2000, p. 921). Based on a conservative
estimate of historical habitat only in Canada, Gates et al. (1992, p.
154) estimated that human activities and development exclude wood bison
from approximately 34 percent of their historic range. When an updated
Canadian historical range (Stephenson et al. 2001, p. 136) and the
Alaskan historical range are included in the calculation, the amount of
compromised habitat drops to approximately 16.5 percent if only Canada
is considered, and 13 percent if the historical habitat in Canada and
Alaska are combined (Stephenson 2010, pers. comm.). Sanderson et al.
(2002, pp. 894-896; 2008, p. 257) found that the level of human
influence in the range occupied by wood bison to be extremely low (less
than 10 percent). Although human development and influence is very low
over the majority of range occupied by wood bison, we assume that
because of human population growth, increased commercial production of
plains bison, and increased agricultural production, there will be
continued loss of suitable wood bison habitat into the foreseeable
future.
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Climate Change
Climate change models project that the largest temperature
increases will occur in the upper latitudes of the northern hemisphere,
and that there will be an increase in extreme climate events in these
areas (IPCC 2007, 11.5.3.1). This area includes the boreal forest of
Canada and Alaska in the range of wood bison. Some of the predicted
outcomes of climate change are: an increase in temperature; an increase
in insect outbreaks; an increase in wildfire severity, area burned, and
fire season length with potential landscape scale ecotype effects; and
a shift northward of boreal forest (Hamann and Wang 2006, pp. 2780-
2782; Soja et al. 2007, p. 277). These aspects of climate change have
the potential to increase the amount of habitat suitable for wood bison
over the next 100 years.
The mean annual temperature of interior Alaska and northern Canada
has increased by 2 degrees Celsius