Endangered and Threatened Wildlife and Plants; Reissuance of Final Rule To Identify the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and To Revise the List of Endangered and Threatened Wildlife, 25590-25592 [2011-10860]
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25590
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
determined under FMCSA
environmental procedures Order 5610.1,
published March 1, 2004 (69 FR 9680),
that the provision of this rule is
categorically excluded (CE) based on
Appendix 2, section 6(b) of the FMCSA
order. This is a technical amendment
needed to conform the regulations to a
statutory mandate. In addition to the
NEPA requirements to examine impacts
on air quality, the Clean Air Act (CAA)
as amended (42 U.S.C. 7401 et seq.) also
requires FMCSA to analyze the potential
impact of its actions on air quality and
to ensure that FMCSA actions conform
to State and local air quality
implementation plans. The additional
contributions to air emissions from this
action are expected to fall within the
CAA de minimis standards and are not
expected to be subject to the
Environmental Protection Agency’s
General Conformity Rule (40 CFR parts
51 and 93).
Executive Order 12988 (Civil Justice
Reform)
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Executive Order 13045 (Protection of
Children)
FMCSA has analyzed this action
under E.O. 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. We determined
that this final rule does not pose an
environmental risk to health or safety
that may disproportionately affect
children.
jlentini on DSKJ8SOYB1PROD with RULES
Executive Order 12630 (Taking of
Private Property)
This final rule does not effect a taking
of private property or otherwise have
taking implications under E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights.
Executive Order 13132 (Federalism
Assessment)
This action has been analyzed in
accordance with the principles and
criteria contained in E.O. 13132,
Federalism Assessment, and it has been
determined that this rulemaking does
not have a substantial direct effect or
sufficient federalism implications for
States that would limit the
policymaking discretion of the States.
Nothing in this document directly
preempts any State law or regulation.
This final rule does not impose
additional costs or burdens on the
States.
VerDate Mar<15>2010
16:41 May 04, 2011
Jkt 223001
Executive Order 13211 (Energy Effects)
FMCSA has analyzed this final rule
under E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use. We
have determined that it is not a
‘‘significant energy action’’ under that
Executive Order because it would not be
likely to have an adverse effect on the
supply, distribution, or use of energy.
Issued on: May 2, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–11018 Filed 5–4–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
List of Subjects in 49 CFR Part 395
50 CFR Part 17
Highway safety, Motor carriers,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Federal Motor Carrier
Safety Administration amends 49 CFR
part 395 as follows:
[Docket No. FWS–R6–ES–2011–0032;
92220–1113–0000; ABC Code: C6]
PART 395—HOURS OF SERVICE OF
DRIVERS
1. The authority citation for part 395
is revised to read as follows:
■
Authority: 49 U.S.C. 504, 31133, 31136,
31137, and 31502; sec. 113, Pub. L. 103–311,
108 Stat. 1673, 1676; sec. 229, Pub. L. 106–
159 (as transferred by sec. 4115 and amended
by secs. 4130–4132, Pub. L. 109–59, 119 Stat.
1144, 1726, 1743, 1744); sec. 4133, Pub. L.
109–59, 119 Stat. 1144, 1744; sec. 108, Pub.
L. 110–432. 122 Stat. 4860–4866; and 49 CFR
1.73.
2. Amend § 395.1 to revise paragraph
(a)(1) and add paragraph (r) to read as
follows:
■
§ 395.1
Scope of the rules in this part.
(a) * * *
(1) The rules in this part apply to all
motor carriers and drivers, except as
provided in paragraphs (b) through (r) of
this section.
*
*
*
*
*
(r) Railroad signal employees. The
provisions of this part shall not apply to
a signal employee, as defined in § 395.2,
who operates a commercial motor
vehicle, is engaged in installing,
repairing, or maintaining signal systems,
is employed by a railroad carrier or a
contractor or subcontractor to a railroad
carrier, while regulated by the Federal
Railroad Administration.
3. Amend § 395.2 by adding the
definition ‘‘signal employee’’ in
alphabetical order to read as follows:
■
§ 395.2
Definitions.
*
*
*
*
*
Signal employee, as defined in 49
U.S.C. 21101(4), means an individual
who is engaged in installing, repairing,
or maintaining signal systems.
*
*
*
*
*
PO 00000
Frm 00058
Fmt 4700
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RIN 1018–AX81
Endangered and Threatened Wildlife
and Plants; Reissuance of Final Rule
To Identify the Northern Rocky
Mountain Population of Gray Wolf as a
Distinct Population Segment and To
Revise the List of Endangered and
Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
On April 15, 2011, President
Obama signed the Department of
Defense and Full-Year Appropriations
Act, 2011. A section of that
Appropriations Act directs the Secretary
of the Interior to reissue within 60 days
of enactment the final rule published on
April 2, 2009, that identified the
Northern Rocky Mountain population of
gray wolf (Canis lupus) as a distinct
population segment (DPS) and to revise
the List of Endangered and Threatened
Wildlife by removing most of the gray
wolves in the DPS. This rule complies
with that directive.
DATES: This action is effective May 5,
2011.
SUMMARY:
This final rule is available
on the Internet at https://
www.regulations.gov. It will also be
available for inspection, by
appointment, during normal business
hours at U.S. Fish and Wildlife Service,
Montana Ecological Services Field
Office, 585 Shepard Way, Helena, MT
59601; telephone (406) 449–5225.
FOR FURTHER INFORMATION CONTACT: For
information on wolves in the northern
Rocky Mountains, see https://
www.fws.gov/mountain-prairie/species/
mammals/wolf/, or contact U.S. Fish
and Wildlife Service, Montana
Ecological Services Field Office (see
ADDRESSES) or telephone (406) 449–
5225. Individuals who are hearingimpaired or speech-impaired may call
the Federal Relay Service at 1–800–877–
8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
Background
On April 2, 2009, we, the U.S. Fish
and Wildlife Service (Service),
published a final rule to remove
protections of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.), from most of the concurrently
designated northern Rocky Mountain
(NRM) gray wolf Distinct Population
Segment (DPS) (74 FR 15123).
Additional background information on
the NRM gray wolf population,
including previous Federal actions, can
be found in our April 2, 2009, final rule.
The complete text of the April 2, 2009,
publication in the Federal Register can
be viewed online as part of the docket
for this rulemaking at https://
www.regulations.gov.
Lawsuits challenging our April 2,
2009, final rule were filed in U.S.
District Court for the District of Montana
and U.S. District Court for the District
of Wyoming. On August 5, 2010, the
U.S. District Court for the District of
Montana vacated and set aside our 2009
delisting rule (Defenders of Wildlife et
al. v. Salazar et al., (729 F. Supp. 2d
1207 (D. Mont.).
On April 15, 2011, President Obama
signed Public Law 112–10—The
Department of Defense and Full-Year
Continuing Appropriations Act, 2011.
Section 1713 of Public Law 112–10
requires: ‘‘Before the end of the 60-day
period beginning on the date of
enactment of this Act, the Secretary of
the Interior shall reissue the final rule
published on April 2, 2009 (74 FR
15123 et seq.), without regard to any
other provision of statute or regulation
that applies to issuance of such rule.
Such reissuance (including this section)
shall not be subject to judicial review
and shall not abrogate or otherwise have
any effect on the order and judgment
issued by the United States District
Court for the District of Wyoming in
Case Number 09–CV–118J and 09–CV–
138J on November 18, 2010.’’
This final rule implements that
directive. The regulatory text of this
final rule differs from that of the April
2, 2009, final regulation only to reflect
the withdrawal of the April 2, 2009,
delisting of the western Great Lakes
distinct population segment of gray
wolves (74 FR 15070) pursuant to terms
of a settlement agreement approved by
the District Court for the District of
Columbia in Humane Society of the
United States v. Salazar, 1:09–CV–
1092–PLF (D.DC), on July 1, 2009. The
preamble to the 2009 final NRM rule
was explicit that the regulatory language
pertaining to the western Great Lakes
DPS was not attributable to the NRM
rule:
‘‘Elsewhere in today’s Federal Register, we
also identify the Western Great Lakes (WGL)
DPS and removed the gray wolves in that
DPS from the List of Endangered and
Threatened Wildlife. As the Service is taking
these regulatory actions with respect to the
NRM DPS and WGL DPS at the same time,
this final rule includes regulatory revisions
under § 17.11(h) that reflect the removal of
the protections of the Act for both the WGL
DPS and most of the NRM DPS, and reflect
that gray wolves in Wyoming, an SPR of the
NRM DPS range, continue to be listed as an
experimental population. However, only that
portion of the revised gray wolf listing in
§ 17.11(h) that pertains to the NRM DPS is
attributable to this final rule.’’ [74 FR at
15184]
Effects of the Rule
Gray wolves in Montana and Idaho, as
well as portions of eastern Oregon,
eastern Washington, and north-central
Utah, are removed from the List of
Endangered and Threatened Wildlife.
Gray wolves in Wyoming remain on the
List of Endangered and Threatened
Wildlife and continue to be subject to
the provisions of our experimental
population regulations codified at 50
CFR 17.84(i) and (n).
Outside Wyoming, this rule will not
affect the status of the gray wolf in the
NRM under State laws or suspend any
other legal protections provided by State
law. This rule will not affect the gray
wolf’s Appendix II status under the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES).
Concurrent Proposed Rule
In the Proposed Rules section of
today’s Federal Register, we are also
publishing a proposed rule that
reevaluates the listing of the western
Great Lakes population of gray wolves
(Canis lupus) and proposes to revise it
to conform to current statutory and
policy requirements. The rule portions
for 50 CFR 17.11(h) of this final rule and
the proposed western Great Lakes rule
Species
jlentini on DSKJ8SOYB1PROD with RULES
Historic range
Common name
Scientific name
Vertebrate population where
endangered or threatened
are different because the final rule
depicts the listing for the gray wolf as
it stands today, based on the long
history of rulemaking for this species,
various judicial decisions, and the
recent congressional action. The rule
portion of the western Great Lakes rule
reflects the listing for the gray wolf as
we envision it should be unless public
comments on the proposed rule provide
information that persuades us that the
listing should be presented differently.
Effective Date
This rule is effective upon publication
in the Federal Register. Section 1713 of
Public Law 112–10, directs us to
reissue, within 60 days of enactment,
the final NRM rule published on April
2, 2009. Section 1713 also expressly
provides that such reissuance is not
subject to any other statute or regulation
that applies to such a rule.
Administrative Procedure
This rulemaking implements section
1713 of Public Law 112–10, which
expressly provides that the reissuance of
this rule is not subject to any other
provision of statute or regulation that
applies to issuance of such a rule.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
CFR, as set forth below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
2. Amend § 17.11(h) by revising the
entry for ‘‘Wolf, gray’’ under MAMMALS
in the List of Endangered and
Threatened Wildlife to read as follows:
■
§ 17.11
*
Status
[Amended]
*
*
(h) * * *
When listed
MAMMALS
VerDate Mar<15>2010
17:56 May 04, 2011
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Frm 00059
Fmt 4700
Sfmt 4700
25591
E:\FR\FM\05MYR1.SGM
05MYR1
*
*
Critical
habitat
Special
rules
25592
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
Species
Vertebrate population where
endangered or threatened
Historic range
Common name
Scientific name
*
Wolf, gray .........
*
Canis lupus ......
*
Holarctic ...........
Do ..............
Do ..............
......do ...............
......do ...............
......do ...............
......do ...............
Canis lupus ......
U.S.A. (MT, ID,
WY, eastern
WA, eastern
OR, and north
central UT).
Wolf, gray
[Northern
Rocky Mountain DPS].
*
*
3. Amend § 17.84 by:
a. Revising paragraphs (i)(7)(i) and (ii)
and removing paragraph (i)(7)(iii);
■ b. Revising the first sentence of
paragraph (n)(1); and
■ c. Revising paragraphs (n)(9)(1) and
(ii) and removing paragraph (n)(9)(iii).
The revisions read as follows:
§ 17.84
Special rules—vertebrates.
jlentini on DSKJ8SOYB1PROD with RULES
*
*
*
*
*
(i) * * *
(7) * * *
(i) The nonessential experimental
population area includes all of
Wyoming.
(ii) All wolves found in the wild
within the boundaries of this paragraph
(i)(7) will be considered nonessential
experimental animals. In the
conterminous United States, a wolf that
is outside an experimental area (as
defined in paragraph (i)(7) of this
section) would take on the status for
wolves in the area in which it is found
unless it is marked or otherwise known
to be an experimental animal; such a
VerDate Mar<15>2010
17:56 May 04, 2011
*
*
U.S.A., conterminous (lower 48) E
States, except: (1) Where listed as an experimental population below; (2) Minnesota; (3)
MT, ID, WY (however, see experimental population designation below), eastern WA (that
portion of WA east of the centerline of Highway 97 and
Highway 17 north of Mesa and
that portion of WA east of the
centerline of Highway 395
south of Mesa), eastern OR
(portion of OR east of the centerline of Highway 395 and
Highway 78 north of Burns
Junction and that portion of
OR east of the centerline of
Highway 95 south of Burns
Junction), and north central UT
(that portion of UT east of the
centerline of Highway 84 and
north of Highway 80). Mexico.
U.S.A. (MN) ................................. T
U.S.A. (portions of AZ, NM, and XN
TX—see § 17.84(k)).
U.S.A. (WY—see § 17.84(i) and XN
(n)).
*
■
■
Jkt 223001
Status
*
Frm 00060
Fmt 4700
Sfmt 4700
Critical
habitat
Special
rules
*
1, 6, 13, 15,
35
17.95(a)
N/A
35
631
17.95(a)
N/A
17.40(d)
17.84(k)
561, 562
N/A
17.84(i)
17.84(n)
*
wolf may be captured for examination
and genetic testing by the Service or
Service-designated agency. Disposition
of the captured animal may take any of
the following courses:
(A) If the animal was not involved in
conflicts with humans and is
determined likely to be an experimental
wolf, it may be returned to the
reintroduction area.
(B) If the animal is determined likely
to be an experimental wolf and was
involved in conflicts with humans as
identified in the management plan for
the closest experimental area, it may be
relocated, placed in captivity, or killed.
(C) If the animal is determined not
likely to be an experimental animal, it
will be managed according to any
Service-approved plans for that area or
will be marked and released near its
point of capture.
(D) If the animal is determined not to
be a wild gray wolf or if the Service or
agencies designated by the Service
determine the animal shows physical or
behavioral evidence of hybridization
PO 00000
When listed
*
*
*
with other canids, such as domestic
dogs or coyotes, or of being an animal
raised in captivity, it may be returned to
captivity or killed.
*
*
*
*
*
(n) * * *
(1) The gray wolves (wolf) identified
in paragraph (n)(9)(i) of this section are
a nonessential experimental population.
* * *
*
*
*
*
*
(9) * * *
(i) The nonessential experimental
population area includes all of
Wyoming.
(ii) All wolves found in the wild
within the boundaries of this
experimental area are considered
nonessential experimental animals.
*
*
*
*
*
Dated: April 26, 2011.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011–10860 Filed 5–4–11; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\05MYR1.SGM
05MYR1
]]>Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Rules and Regulations]
[Pages 25590-25592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10860]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2011-0032; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX81
Endangered and Threatened Wildlife and Plants; Reissuance of
Final Rule To Identify the Northern Rocky Mountain Population of Gray
Wolf as a Distinct Population Segment and To Revise the List of
Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On April 15, 2011, President Obama signed the Department of
Defense and Full-Year Appropriations Act, 2011. A section of that
Appropriations Act directs the Secretary of the Interior to reissue
within 60 days of enactment the final rule published on April 2, 2009,
that identified the Northern Rocky Mountain population of gray wolf
(Canis lupus) as a distinct population segment (DPS) and to revise the
List of Endangered and Threatened Wildlife by removing most of the gray
wolves in the DPS. This rule complies with that directive.
DATES: This action is effective May 5, 2011.
ADDRESSES: This final rule is available on the Internet at https://www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, Montana Ecological Services Field Office, 585 Shepard Way,
Helena, MT 59601; telephone (406) 449-5225.
FOR FURTHER INFORMATION CONTACT: For information on wolves in the
northern Rocky Mountains, see https://www.fws.gov/mountain-prairie/species/mammals/wolf/, or contact U.S. Fish and Wildlife Service,
Montana Ecological Services Field Office (see ADDRESSES) or telephone
(406) 449-5225. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION:
[[Page 25591]]
Background
On April 2, 2009, we, the U.S. Fish and Wildlife Service (Service),
published a final rule to remove protections of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.), from most of the
concurrently designated northern Rocky Mountain (NRM) gray wolf
Distinct Population Segment (DPS) (74 FR 15123). Additional background
information on the NRM gray wolf population, including previous Federal
actions, can be found in our April 2, 2009, final rule. The complete
text of the April 2, 2009, publication in the Federal Register can be
viewed online as part of the docket for this rulemaking at https://www.regulations.gov.
Lawsuits challenging our April 2, 2009, final rule were filed in
U.S. District Court for the District of Montana and U.S. District Court
for the District of Wyoming. On August 5, 2010, the U.S. District Court
for the District of Montana vacated and set aside our 2009 delisting
rule (Defenders of Wildlife et al. v. Salazar et al., (729 F. Supp. 2d
1207 (D. Mont.).
On April 15, 2011, President Obama signed Public Law 112-10--The
Department of Defense and Full-Year Continuing Appropriations Act,
2011. Section 1713 of Public Law 112-10 requires: ``Before the end of
the 60-day period beginning on the date of enactment of this Act, the
Secretary of the Interior shall reissue the final rule published on
April 2, 2009 (74 FR 15123 et seq.), without regard to any other
provision of statute or regulation that applies to issuance of such
rule. Such reissuance (including this section) shall not be subject to
judicial review and shall not abrogate or otherwise have any effect on
the order and judgment issued by the United States District Court for
the District of Wyoming in Case Number 09-CV-118J and 09-CV-138J on
November 18, 2010.''
This final rule implements that directive. The regulatory text of
this final rule differs from that of the April 2, 2009, final
regulation only to reflect the withdrawal of the April 2, 2009,
delisting of the western Great Lakes distinct population segment of
gray wolves (74 FR 15070) pursuant to terms of a settlement agreement
approved by the District Court for the District of Columbia in Humane
Society of the United States v. Salazar, 1:09-CV-1092-PLF (D.DC), on
July 1, 2009. The preamble to the 2009 final NRM rule was explicit that
the regulatory language pertaining to the western Great Lakes DPS was
not attributable to the NRM rule:
``Elsewhere in today's Federal Register, we also identify the
Western Great Lakes (WGL) DPS and removed the gray wolves in that
DPS from the List of Endangered and Threatened Wildlife. As the
Service is taking these regulatory actions with respect to the NRM
DPS and WGL DPS at the same time, this final rule includes
regulatory revisions under Sec. 17.11(h) that reflect the removal
of the protections of the Act for both the WGL DPS and most of the
NRM DPS, and reflect that gray wolves in Wyoming, an SPR of the NRM
DPS range, continue to be listed as an experimental population.
However, only that portion of the revised gray wolf listing in Sec.
17.11(h) that pertains to the NRM DPS is attributable to this final
rule.'' [74 FR at 15184]
Effects of the Rule
Gray wolves in Montana and Idaho, as well as portions of eastern
Oregon, eastern Washington, and north-central Utah, are removed from
the List of Endangered and Threatened Wildlife. Gray wolves in Wyoming
remain on the List of Endangered and Threatened Wildlife and continue
to be subject to the provisions of our experimental population
regulations codified at 50 CFR 17.84(i) and (n).
Outside Wyoming, this rule will not affect the status of the gray
wolf in the NRM under State laws or suspend any other legal protections
provided by State law. This rule will not affect the gray wolf's
Appendix II status under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
Concurrent Proposed Rule
In the Proposed Rules section of today's Federal Register, we are
also publishing a proposed rule that reevaluates the listing of the
western Great Lakes population of gray wolves (Canis lupus) and
proposes to revise it to conform to current statutory and policy
requirements. The rule portions for 50 CFR 17.11(h) of this final rule
and the proposed western Great Lakes rule are different because the
final rule depicts the listing for the gray wolf as it stands today,
based on the long history of rulemaking for this species, various
judicial decisions, and the recent congressional action. The rule
portion of the western Great Lakes rule reflects the listing for the
gray wolf as we envision it should be unless public comments on the
proposed rule provide information that persuades us that the listing
should be presented differently.
Effective Date
This rule is effective upon publication in the Federal Register.
Section 1713 of Public Law 112-10, directs us to reissue, within 60
days of enactment, the final NRM rule published on April 2, 2009.
Section 1713 also expressly provides that such reissuance is not
subject to any other statute or regulation that applies to such a rule.
Administrative Procedure
This rulemaking implements section 1713 of Public Law 112-10, which
expressly provides that the reissuance of this rule is not subject to
any other provision of statute or regulation that applies to issuance
of such a rule.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the CFR, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.11(h) by revising the entry for ``Wolf, gray'' under
MAMMALS in the List of Endangered and Threatened Wildlife to read as
follows:
Sec. 17.11 [Amended]
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
[[Page 25592]]
* * * * * * *
Wolf, gray....................... Canis lupus......... Holarctic.......... U.S.A., conterminous E 1, 6, 13, 17.95(a) N/A
(lower 48) States, 15, 35
except: (1) Where
listed as an
experimental
population below;
(2) Minnesota; (3)
MT, ID, WY
(however, see
experimental
population
designation below),
eastern WA (that
portion of WA east
of the centerline
of Highway 97 and
Highway 17 north of
Mesa and that
portion of WA east
of the centerline
of Highway 395
south of Mesa),
eastern OR (portion
of OR east of the
centerline of
Highway 395 and
Highway 78 north of
Burns Junction and
that portion of OR
east of the
centerline of
Highway 95 south of
Burns Junction),
and north central
UT (that portion of
UT east of the
centerline of
Highway 84 and
north of Highway
80). Mexico.
Do........................... ......do............ ......do........... U.S.A. (MN)......... T 35 17.95(a) 17.40(d)
Do........................... ......do............ ......do........... U.S.A. (portions of XN 631 N/A 17.84(k)
AZ, NM, and TX--see
Sec. 17.84(k)).
Wolf, gray [Northern Rocky Canis lupus......... U.S.A. (MT, ID, WY, U.S.A. (WY--see Sec. XN 561, 562 N/A 17.84(i)
Mountain DPS]. eastern WA, 17.84(i) and (n)). 17.84(n)
eastern OR, and
north central UT).
* * * * * * *
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0
3. Amend Sec. 17.84 by:
0
a. Revising paragraphs (i)(7)(i) and (ii) and removing paragraph
(i)(7)(iii);
0
b. Revising the first sentence of paragraph (n)(1); and
0
c. Revising paragraphs (n)(9)(1) and (ii) and removing paragraph
(n)(9)(iii).
The revisions read as follows:
Sec. 17.84 Special rules--vertebrates.
* * * * *
(i) * * *
(7) * * *
(i) The nonessential experimental population area includes all of
Wyoming.
(ii) All wolves found in the wild within the boundaries of this
paragraph (i)(7) will be considered nonessential experimental animals.
In the conterminous United States, a wolf that is outside an
experimental area (as defined in paragraph (i)(7) of this section)
would take on the status for wolves in the area in which it is found
unless it is marked or otherwise known to be an experimental animal;
such a wolf may be captured for examination and genetic testing by the
Service or Service-designated agency. Disposition of the captured
animal may take any of the following courses:
(A) If the animal was not involved in conflicts with humans and is
determined likely to be an experimental wolf, it may be returned to the
reintroduction area.
(B) If the animal is determined likely to be an experimental wolf
and was involved in conflicts with humans as identified in the
management plan for the closest experimental area, it may be relocated,
placed in captivity, or killed.
(C) If the animal is determined not likely to be an experimental
animal, it will be managed according to any Service-approved plans for
that area or will be marked and released near its point of capture.
(D) If the animal is determined not to be a wild gray wolf or if
the Service or agencies designated by the Service determine the animal
shows physical or behavioral evidence of hybridization with other
canids, such as domestic dogs or coyotes, or of being an animal raised
in captivity, it may be returned to captivity or killed.
* * * * *
(n) * * *
(1) The gray wolves (wolf) identified in paragraph (n)(9)(i) of
this section are a nonessential experimental population. * * *
* * * * *
(9) * * *
(i) The nonessential experimental population area includes all of
Wyoming.
(ii) All wolves found in the wild within the boundaries of this
experimental area are considered nonessential experimental animals.
* * * * *
Dated: April 26, 2011.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-10860 Filed 5-4-11; 8:45 am]
BILLING CODE 4310-55-P
