Endangered and Threatened Wildlife and Plants; Reinstatement of Final Rules for the Gray Wolf in Wyoming and the Western Great Lakes in Compliance With Court Orders, 9218-9229 [2015-03503]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9218-9229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03503]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2014-0059; FXES11130900000C2-156-FF09E42000]
RIN 1018-BA64


Endangered and Threatened Wildlife and Plants; Reinstatement of 
Final Rules for the Gray Wolf in Wyoming and the Western Great Lakes in 
Compliance With Court Orders

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing 
this final rule to comply with court orders that reinstate the 
regulatory protections under the Endangered Species Act of 1973, as 
amended (ESA), for the gray wolf (Canis lupus) in Wyoming and the 
western Great Lakes. Pursuant to the U.S. District Court for the 
District of Columbia court order dated September 23, 2014, this rule 
reinstates the April 2, 2009 (74 FR 15123), final rule regulating the 
gray wolf in the State of Wyoming as a nonessential experimental 
population. Gray wolves in Montana, Idaho, the eastern third of 
Washington and Oregon, and north-central Utah retain their delisted 
status and are not impacted by this final rule. In addition, pursuant 
to the U.S. District Court for the District of Columbia court order 
dated December 19, 2014, this rule reinstates the March 9, 1978 (43 FR 
9607), final rule as it relates to gray wolves in the western Great 
Lakes including endangered status for gray wolves in all of Wisconsin 
and Michigan, the eastern half of North Dakota and South Dakota, the 
northern half of Iowa, the northern portions of Illinois and Indiana, 
and the northwestern portion of Ohio; threatened status for gray wolves 
in Minnesota; critical habitat for gray wolves in Minnesota and 
Michigan; and the rule promulgated under section 4(d) of the ESA for 
gray wolves in Minnesota.

DATES: This action is effective February 20, 2015. The September 23, 
2014, court order reinstated the April 2, 2009, final rule designating 
the gray wolf in Wyoming as a nonessential experimental population 
immediately upon its filing. The court order regarding wolves in the 
western Great Lakes had legal effect immediately upon its filing on 
December 19, 2014. The Director has further determined, pursuant to 5 
U.S.C. 553(d), that the Service has good cause to make this rule 
effective upon publication.

ADDRESSES: This final rule is available:
     Electronically at https://www.regulations.gov in Docket No. 
FWS-R6-ES-2014-0059;
     From U.S. Fish and Wildlife Service, Mountain-Prairie 
Region Office, Ecological Services Division, 134 Union Blvd., Lakewood, 
CO 80228; telephone 303-236-7400; or
     From U.S. Fish and Wildlife Service, Midwest Region 
Office, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437; 
telephone 612-713-5360.
    Persons who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

FOR FURTHER INFORMATION CONTACT: For information on wolves in Wyoming, 
contact Mike Jimenez, Northern Rocky Mountains Gray Wolf Recovery 
Coordinator, U.S. Fish and Wildlife Service, P.O. Box 8135, Missoula, 
MT 59807; by telephone 307-330-5631. For information on wolves in the 
western Great Lakes, contact Laura Ragan, Regional Listing Coordinator, 
U.S. Fish and Wildlife Service, 5600 American Blvd. West, Suite 990, 
Bloomington, MN 55437; by telephone 612-713-5350. Individuals who are 
hearing-impaired or speech-impaired may call the Federal Relay Service 
at 800-877-8337 for TTY assistance.

SUPPLEMENTARY INFORMATION: 

[[Page 9219]]

Background

    On September 10, 2012, we published a final rule to remove the gray 
wolf in Wyoming from the Federal List of Endangered and Threatened 
Wildlife (77 FR 55530; ``2012 delisting rule''). Additional background 
information on the gray wolf in Wyoming and on this decision, including 
previous Federal actions, can be found in our 2012 delisting rule.
    Lawsuits challenging our 2012 delisting rule were filed. On 
September 23, 2014, the U.S. District Court for the District of 
Columbia vacated and set aside our 2012 delisting rule (Defenders of 
Wildlife et al. v. Salazar, et al., and The Humane Society of the 
United States, et al., v. U.S. Fish and Wildlife Service, et al., 1:12-
cv-01833-ABJ) and reinstated our April 2, 2009 (74 FR 15123), final 
rule to govern management of gray wolves in Wyoming pursuant to the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.).
    The decision reinstates Federal protections that were in place 
prior to our 2012 delisting rule. Therefore, gray wolves in Wyoming are 
once again classified as an experimental population (59 FR 60252, 
November 22, 1994; 70 FR 1286, January 6, 2005; 73 FR 4720, January 28, 
2008; 50 CFR 17.84(i) and (n)). Thus, take of wolves may be authorized 
only by one of these experimental population rules or by a permit 
obtained under section 10 of the ESA.
    As a result of the court's decision, all of Wyoming except the Wind 
River Indian Reservation again operates under the 1994 nonessential 
experimental population rule (50 CFR 17.84(i)). The rule allows 
significant management flexibility, but does not allow the State to 
assume authority for wolf management. Thus, at present, the Service 
will continue to be the lead management agency for wolves throughout 
most of Wyoming. The Wind River Indian Reservation can again operate 
under the 2005 nonessential experimental population rule, as amended in 
2008 (50 CFR 17.84(n)). Under the 2005 rule, States and Tribal entities 
can assume management authority over wolves if they obtain approved 
management plans from the Service and comply with all other applicable 
procedures. We notified all State, Federal, and Tribal partners of the 
court's September 23, 2014, decision and its impact shortly after the 
court issued its order. The Service and the State of Wyoming also took 
steps, such as press releases and agency Web site postings, to ensure 
the public was aware of the court's order.
    On December 28, 2011, we published a final rule to remove the gray 
wolf in the western Great Lakes from the Federal List of Endangered and 
Threatened Wildlife (76 FR 81666; ``2011 delisting rule''). Additional 
background information on the gray wolf in the western Great Lakes and 
on this decision, including previous Federal actions, can be found in 
our 2011 delisting rule.
    A lawsuit challenging the 2011 delisting rule was filed on February 
12, 2013. On December 19, 2014, the U.S. District Court for the 
District of Columbia vacated and set aside our 2011 delisting rule (The 
Humane Society of the United States, et al., v. Jewell, 2014 U.S. Dist. 
LEXIS 175846 (D.D.C. Dec. 19, 2014) and reinstated the rule in effect 
prior to the 2011 delisting rule, namely, the rule regarding 
Reclassification of the Gray Wolf in the United States and Mexico, with 
Determination of Critical Habitat in Michigan and Minnesota (43 FR 
9607; Mar. 9, 1978).
    The decision reinstates Federal protections that were in place 
prior to our 2011 delisting rule. Therefore, wolves in all of Wisconsin 
and Michigan, the eastern half of North Dakota and South Dakota, the 
northern half of Iowa, the northern portions of Illinois and Indiana, 
and the northwestern portion of Ohio are once again classified as 
endangered, and wolves in Minnesota are once again classified as 
threatened. The decision also reinstates the formerly designated 
critical habitat at 50 CFR 17.95(a) for gray wolves in Minnesota and 
Michigan and the regulations promulgated under section 4(d) of the ESA 
at 50 CFR 17.40(d) for the gray wolf in Minnesota. Thus, take of wolves 
in those areas may be authorized only by the section 4(d) rule for 
wolves in Minnesota or by a permit obtained under section 10 of the 
ESA.

Administrative Procedure

    To comply with the September 23, 2014, court order, we must 
reinstate our:
     April 2, 2009, rule (74 FR 15123), and
     Section 10(j) rules (59 FR 60252, November 22, 1994; 70 FR 
1286, January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR 17.84(i) 
and (n)).
    To comply with the December 19, 2014, court order, we must 
reinstate our:
     March 9, 1978, rule (43 FR 9607),
     Critical habitat designation for gray wolves in Minnesota 
and Michigan, and
     Section 4(d) rule for gray wolves in Minnesota.
    Therefore, the Director has determined, pursuant to 5 U.S.C. 
553(b), that prior notice and opportunity for public comment are 
impractical and unnecessary.

Effects of the Rule

    Per the September 23, 2014 court order, any and all gray wolves in 
Wyoming are listed as a nonessential experimental population under 
section 10(j) of the ESA (50 CFR 17.84(i) and (n)). These regulations 
are the same as those in the regulations that were removed per our 2012 
delisting rule (77 FR 55530). Although not required by the court, for 
consistency, we are placing the reinstated regulations at the specific 
paragraph designations they previously occupied in the Code of Federal 
Regulations prior to our issuance of the 2012 delisting rule. In order 
to accommodate this placement, we are moving regulations governing the 
Topeka shiner (Notropis topeka =tristis) nonessential experimental 
population that were placed in Sec.  17.84(n) via a final rule that 
published July 17, 2013 (78 FR 42702); these regulations will now be 
located at Sec.  17.84(d). This is purely an organizational action and 
has no effect on the implementation of any of the regulations.
    Per the December 19, 2014, court order, any and all gray wolves in 
all of Wisconsin and Michigan, the eastern half of North Dakota and 
South Dakota, the northern half of Iowa, the northern portions of 
Illinois and Indiana, and the northwestern portion of Ohio are listed 
as an endangered species under the ESA. Any and all wolves in Minnesota 
are listed as a threatened species under the ESA. The reinstated 
regulations at 50 CFR 17.95 designate critical habitat for gray wolves 
in Minnesota and Michigan, and the reinstated regulations at 50 CFR 
17.40(d) govern the regulation of gray wolves in Minnesota. The 
provisions of these regulations are the same as those in the 
regulations that were removed per our 2011 delisting rule (76 FR 
81666). Although not required by the court, for consistency, we are 
placing the reinstated regulations at the specific paragraph 
designations they previously occupied in the Code of Federal 
Regulations prior to our issuance of the 2011 delisting rule. In order 
to accommodate this placement, we are moving regulations promulgated 
under section 4(d) of the ESA for the straight-horned markhor (Capra 
falconeri megaceros) that were placed at Sec.  17.40(d) via a final 
rule that published October 7, 2014 (79 FR 60365); these regulations 
will now be located at Sec.  17.40(n). This is purely an organizational 
action and has no effect on the implementation of any of the 
regulations.

[[Page 9220]]

    Because of previous rulemaking actions pertaining to gray wolves, 
the result of this recent court action is that gray wolves in all of 
Wisconsin, Michigan, North Dakota, South Dakota, Iowa, Illinois, 
Indiana, and Ohio are hereby listed as endangered (50 CFR 17.11(h)). 
Wolves in Minnesota are listed as threatened (50 CFR 17.11(h)).
    This rule does not affect the status of gray wolves in Montana, 
Idaho, the eastern third of Washington and Oregon, and north-central 
Utah. Wolves in these areas retain their delisted status and will 
continue to be managed by the States.
    This rule does not affect the gray wolf's Appendix II status under 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, 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; 1531-1544; 4201-4245, unless 
otherwise noted.


0
2. In Sec.  17.11(h), the entries for ``Markhor, straight-horned'' and 
``Wolf, gray'' under MAMMALS and the second entry for ``Shiner, 
Topeka'' under FISHES in the List of Endangered and Threatened Wildlife 
are revised to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------  Historic range     Vertebrate population where       Status     When listed     Critical     Special
         Common name            Scientific name                        endangered or threatened                                   habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Mammals
 
 
                                                                      * * * * * * *
Markhor, straight-horned.....  Capra falconeri   Afghanistan,     Entire                             T                 15, 841           NA     17.40(n)
                                megaceros.        Pakistan.
 
                                                                      * * * * * * *
Wolf, gray...................  Canis lupus.....  Holarctic......  U.S.A.: All of AL, AR, CA, CO,     E           1, 6, 13, 15,     17.95(a)           NA
                                                                   CT, DE, FL, GA, IA, IN, IL, KS,                          35
                                                                   KY, LA, MA, MD, ME, MI, MO, MS,
                                                                   NC, ND, NE, NH, NJ, NV, NY, OH,
                                                                   OK, PA, RI, SC, SD, TN, TX, VA,
                                                                   VT, WI, and WV; and portions of
                                                                   AZ, NM, OR, UT, and WA as
                                                                   follows:
                                                                     (1) Northern AZ (that portion
                                                                      north of the centerline of
                                                                      Interstate Highway 40);
                                                                     (2) Northern NM (that portion
                                                                      north of the centerline of
                                                                      Interstate Highway 40);
                                                                     (3) Western OR (that portion
                                                                      of OR west of the centerline
                                                                      of Highway 395 and Highway 78
                                                                      north of Burns Junction and
                                                                      that portion of OR west of
                                                                      the centerline of Highway 95
                                                                      south of Burns Junction);
                                                                     (4) Most of Utah (that portion
                                                                      of UT south and west of the
                                                                      centerline of Highway 84 and
                                                                      that portion of UT south of
                                                                      Highway 80 from Echo to the
                                                                      UT/WY Stateline); and
                                                                     (5) Western WA (that portion
                                                                      of WA west of the centerline
                                                                      of Highway 97 and Highway 17
                                                                      north of Mesa and that
                                                                      portion of WA west of the
                                                                      centerline of Highway 395
                                                                      south of Mesa). Mexico.
Wolf, gray...................  Canis lupus.....  Holarctic......  U.S.A. (MN)                        T                      35     17.95(a)     17.40(d)

[[Page 9221]]

 
Wolf, gray [Northern Rocky     Canis lupus.....  U.S.A. (MT, ID,  U.S.A. (WY--see Sec.   17.84(i)    XN               561, 562           NA     17.84(i)
 Mountain DPS].                                   WY, eastern      and (n)).                                                                    17.84(n)
                                                  WA, eastern
                                                  OR, and north
                                                  central UT).
 
                                                                      * * * * * * *
            Fishes
 
                                                                      * * * * * * *
Shiner, Topeka...............  Notropis topeka   U.S.A. (IA, KS,  U.S.A. (MO--specified portions of  XN         ..............           NA     17.84(d)
                                = tristis.        MN, MO, NE,      Little Creek, Big Muddy Creek,
                                                  SD).             and Spring Creek watersheds in
                                                                   Adair, Gentry, Harrison, Putnam,
                                                                   Sullivan, and Worth Counties;
                                                                   see 17.84(d)(1)(i))
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  17.40 by:
0
a. Redesignating paragraph (d) as paragraph (n); and, in newly 
redesignated paragraph (n)(1), removing ``(d)(2)'' and adding in its 
place ``(n)(2)''; and
0
b. Adding paragraph (d) to read as set forth below.


Sec.  17.40  Special rules--mammals.

* * * * *
    (d) Gray wolf (Canis lupus) in Minnesota.
    (1) Zones. For purposes of these regulations, the State of 
Minnesota is divided into the following five zones:
    (i) Zone 1--4,488 square miles. Beginning at the point of 
intersection of United States and Canadian boundaries in Section 22, 
Township 71 North, Range 22 West, in Rainy Lake, then proceeding along 
the west side of Sections 22, 27, and 34 in said Township and Sections 
3, 10, 15, 22, 27 and 34 in Township 70 North, Range 22 West and 
Sections 3 and 10 in Township 69 North, Range 22 West; then east along 
the south boundaries of Sections 10, 11, and 12 in said Township; then 
south along the Koochiching and St. Louis counties line to Highway 53; 
thence southeasterly along State Highway 53 to the junction with County 
Route 765; thence easterly along County Route 765 to the junction with 
Kabetogama Lake in Ash River Bay; thence along the south boundary of 
Section 33 in Township 69 North, Range 19 West, to the junction with 
the Moose River; thence southeasterly along the Moose River to Moose 
Lake; thence along the western shore of Moose Lake to the river between 
Moose Lake and Long Lake; thence along the said river to Long Lake; 
thence along the east shore of Long Lake to the drainage on the 
southeast side of Long Lake in NE\1/4\, Section 18, Township 67 North, 
Range 18 West; thence along the said drainage southeasterly and 
subsequently northeasterly to Marion Lake, the drainage being in 
Sections 17 and 18, Township 67 North, Range 18 West; thence along the 
west shoreline of Marion Lake proceeding southeasterly to the Moose 
Creek; thence along Moose Creek to Flap Creek; thence southeasterly 
along Flap Creek to the Vermilion River; thence southerly along the 
Vermilion River to Vermilion Lake; thence along the Superior National 
Forest boundary in a southeasterly direction through Vermilion Lake 
passing these points: Oak Narrows, Muskrat Channel, South of Pine 
Island, to Hoodo Point and the junction with County Route 697; thence 
southeasterly on County Route 697 to the junction with State Highway 
169; thence easterly along State Highway 169 to the junction with State 
Highway 1; thence easterly along State Highway 1 to the junction with 
the Erie Railroad tracks at Murphy City; thence easterly along the Erie 
Railroad tracks to the junction with Lake Superior at Taconite Harbor; 
thence northeasterly along the North Shore of Lake Superior to the 
Canadian Border; thence westerly along the Canadian Border to the point 
of beginning in Rainy Lake.
    (ii) Zone 2--1,856 square miles. Beginning at the intersection of 
the Erie Mining Co. Railroad and State Highway 1 (Murphy City); thence 
southeasterly on State Highway 1 to the junction with County Road 4; 
thence southwesterly on County Road 4 to the State Snowmobile Trail 
(formerly the Alger-Smith Railroad); thence southwesterly to the 
intersection of the Old Railroad Grade and Reserve Mining Co. Railroad 
in Section 33 of Township 56 North, Range 9 West; thence northwesterly 
along the Railroad to Forest Road 107; thence westerly along Forest 
Road 107 to Forest Road 203; thence westerly along Forest Road 203 to 
the junction with County Route 2; thence in a northerly direction on 
County Route 2 to the junction with Forest Road 122; thence in a 
westerly direction along Forest Road 122 to the junction with the 
Duluth, Missable and Iron Range Railroad; thence in a southwesterly 
direction along the said railroad tracks to the junction with County 
Route 14; thence in a northwesterly direction along County Route 14 to 
the junction with County Route 55; thence in a westerly direction along 
County Route 55 to the junction with County Route 44; thence in a 
southerly direction along County Route 44 to the junction with County 
Route 266; thence in a southeasterly direction along County Route 266 
and subsequently in a westerly direction to the junction with County 
Road 44; thence in a northerly direction on County Road 44 to the 
junction with Township Road 2815; thence westerly along Township Road 
2815 to Alden Lake; thence northwesterly across Alden Lake to the inlet 
of the Cloquet River; thence northerly along the Cloquet River to the 
junction with Carrol Trail-State Forestry Road; thence west along the 
Carrol Trail to the junction with County Route 4 and County Route 49; 
thence west along County Route 49 to the junction with the Duluth, 
Winnipeg and Pacific Railroad; thence in a northerly direction along 
said Railroad to the

[[Page 9222]]

junction with the Whiteface River; thence in a northeasterly direction 
along the Whiteface River to the Whiteface Reservoir; thence along the 
western shore of the Whiteface Reservoir to the junction with County 
Route 340; thence north along County Route 340 to the junction with 
County Route 16; thence east along County Route 16 to the junction with 
County Route 346; thence in a northerly direction along County Route 
346 to the junction with County Route 569; thence along County Route 
569 to the junction with County Route 565; thence in a westerly 
direction along County Route 565 to the junction with County Route 110; 
thence in a westerly direction along County Route 110 to the junction 
with County Route 100; thence in a north and subsequent west direction 
along County Route 100 to the junction with State Highway 135; thence 
in a northerly direction along State Highway 135 to the junction with 
State Highway 169 at Tower; thence in an easterly direction along the 
southern boundary of Zone 1 to the point of beginning of Zone 2 at the 
junction of the Erie Railroad Tracks and State Highway 1.
    (iii) Zone 3--3,501 square miles. Beginning at the junction of 
State Highway 11 and State Highway 65; thence southeasterly along State 
Highway 65 to the junction with State Highway 1; thence westerly along 
State Highway 1 to the junction with State Highway 72; thence north 
along State Highway 72 to the junction with an un-numbered township 
road beginning in the northeast corner of Section 25, Township 155 
North, Range 31 West; thence westerly along the said road for 
approximately seven (7) miles to the junction with SFR 95: Thence 
westerly along SFR 95 and continuing west through the southern boundary 
of Sections 36 through 31, Township 155 North, Range 33 West, through 
Sections 36 through 31, Township 155 North, Range 34 West, through 
Sections 36 through 31, Township 155 North, Range 35 West, through 
Sections 36 and 35, Township 155 North, Range 36 West to the junction 
with State Highway 89, thence northwesterly along State Highway 89 to 
the junction with County Route 44; thence northerly along County Route 
44 to the junction with County Route 704; thence northerly along County 
704 to the junction with SFR 49; thence northerly along SFR 49 to the 
junction with SFR 57; thence easterly along SFR 57 to the junction with 
SFR 63: Thence south along SFR 63 to the junction with SFR 70; thence 
easterly along SFR 70 to the junction with County Route 87; thence 
easterly along County Route 87 to the junction with County Route 1; 
thence south along County Route 1 to the junction with County Route 16; 
thence easterly along County Route 16 to the junction with State 
Highway 72; thence south on State Highway 72 to the junction with a 
gravel road (un-numbered County District Road) on the north side of 
Section 31, Township 158 North, Range 30 West; thence east on said 
District Road to the junction with SFR 62; thence easterly on SFR 62 to 
the junction with SFR 175; thence south on SFR 175 to the junction with 
County Route 101; thence easterly on County Route 101 to the junction 
with County Route 11; thence easterly on County Route 11 to the 
junction with State Highway 11; thence easterly on State Highway 11 to 
the junction with State Highway 65, the point of beginning.
    (iv) Zone 4--20,883 square miles. Excluding Zones 1, 2 and 3, all 
that part of Minnesota north and east of a line beginning on State 
Trunk Highway 48 at the eastern boundary of the state; thence westerly 
along Highway 48 to Interstate Highway 35; thence northerly on I-35 to 
State Highway 23, thence west one-half mile on Highway 23 to State 
Trunk Highway 18; thence westerly along Highway 18 to State Trunk 
Highway 65, thence northerly on Highway 65 to State Trunk Highway 210; 
thence westerly along Highway 210 to State Trunk Highway 6; thence 
northerly on State Trunk Highway 6 to Emily; thence westerly along 
County State Aid Highway (CSAH) 1, Crow Wing County, to CSAH 2, Cass 
County; thence westerly along CSAH 2 to Pine River; thence 
northwesterly along State Trunk Highway 371 to Backus; thence westerly 
along State Trunk Highway 87 to U.S. Highway 71; thence northerly along 
U.S. 71 to State Trunk Highway 200; thence northwesterly along Highway 
200, to County State Aid Highway (CSAH) 2, Clearwater County; thence 
northerly along CSAH 2 to Shevlin; thence along U.S. Highway 2 to 
Bagley; thence northerly along State Trunk Highway 92 to Gully; thence 
northerly along CSAH 2, Polk County, to CSAH 27, Pennington County; 
thence along CSAH 27 to State Trunk Highway 1; thence easterly on 
Highway 1 to CSAH 28, Pennington County; thence northerly along CSAH 28 
to CSAH 54, Marshall County, thence northerly along CSAH 54 to Grygla; 
thence west and northerly along Highway 89 to Roseau; thence northerly 
along State Truck Highway 310 to the Canadian border.
    (v) Zone 5--54,603 square miles. All that part of Minnesota south 
and west of the line described as the south and west border of Zone 4.
    (vi) Map of regulatory zones follows:

[[Page 9223]]

[GRAPHIC] [TIFF OMITTED] TR20FE15.004

    (2) Prohibitions. The following prohibitions apply to the gray wolf 
in Minnesota.
    (i) Taking. Except as provided in this paragraph (d)(2)(i) of this 
section, no person may take a gray wolf in Minnesota.
    (A) Any person may take a gray wolf in Minnesota in defense of his 
own life or the lives of others.
    (B) Any employee or agent of the Service, any other Federal land 
management agency, or the Minnesota Department of Natural Resources, 
who is designated by his/her agency for such purposes, may, when acting 
in the course of his or her official duties, take a gray wolf in 
Minnesota without a permit if such action is necessary to:
    (1) Aid a sick, injured or orphaned specimen; or
    (2) Dispose of a dead specimen; or
    (3) Salvage a dead specimen which may be useful for scientific 
study.
    (C) Designated employees or agents of the Service or the Minnesota 
Department of Natural Resources may take a gray wolf without a permit 
in Minnesota, in zones 2, 3, 4, and 5, as delineated in paragraph 
(d)(l) of this section, in response to depredations by a gray wolf on 
lawfully present domestic animals: Provided, that such taking must 
occur within one-half mile of the place where such depredation occurred 
and must be performed in a humane manner: And provided further, that 
any young of the year taken on or before August 1 of that year must be 
released.
    (D) Any taking pursuant to paragraph (d)(2)(i)(A), (d)(2)(i)(B), or 
(d)(2)(i)(C) of this section must be reported in writing to the Twin 
Cities Ecological Service Field Office, 4101 American Boulevard East, 
Bloomington, Minnesota, 55425, or by facsimile (612) 725-3609 within 5 
days. The specimen may only be retained, disposed of, or salvaged in 
accordance with directions from the Service.
    (E) Any employee or agent of the Service or the Minnesota 
Department of Natural Resources, when operating under a Cooperative 
Agreement with the Service signed in accordance with section 6(c) of 
the Endangered Species Act of 1973, who is designated by the Service or 
the Minnesota Department of Natural Resources for such purposes, may, 
when acting in the course of his or her official duties, take a gray 
wolf in Minnesota to carry out scientific research or conservation 
programs.
    (ii) Export and commercial transactions. Except as may be 
authorized by a permit issued under Sec.  17.32, no person may sell or 
offer for sale in interstate commerce, import or export, or in the 
course of a commercial activity transport, ship, carry, deliver, or 
receive any Minnesota gray wolf.
    (iii) Unlawfully taken wolves. No person may possess, sell, 
deliver, carry, transport, or ship, by any means whatsoever, a gray 
wolf taken unlawfully in Minnesota, except that an employee or agent of 
the Service, or any other Federal land management agency, or the 
Minnesota Department of Natural Resources, who is designated by his/her 
agency for such purposes, may, when acting in the course of his 
official duties, possess, deliver, carry, transport,

[[Page 9224]]

or ship a gray wolf taken unlawfully in Minnesota.
    (3) Permits. All permits available under Sec.  17.32 (General 
Permits--Threatened Wildlife) are available with regard to the gray 
wolf in Minnesota. All the terms and provisions of Sec.  17.32 apply to 
such permits issued under the authority of this paragraph (d)(3).

0
4. Amend Sec.  17.84 by:
0
a. Redesignating paragraph (n) as paragraph (d); and, in newly 
redesignated paragraph (d):
0
i. In paragraph (d)(1)(i), removing ``(n)(5)'' and adding in its place 
``(d)(5)'';
0
ii. In paragraphs (d)(2)(i), (d)(2)(ii), and (d)(2)(iii), removing 
``(n)(3)'' each time that appears and adding in its place ``(d)(3)'';
0
iii. In paragraph (d)(2)(iv), removing ``(n)(2)(iii)'' and adding in 
its place ``(d)(2)(iii)'', and
0
b. Adding paragraphs (i) and (n) to read as set forth below.


Sec.  17.84  Special rules--vertebrates.

* * * * *
    (i) Gray wolf (Canis lupus). (1) The gray wolves (wolf) identified 
in paragraph (i)(7) of this section are nonessential experimental. 
These wolves will be managed in accordance with the respective 
provisions of this paragraph (i).
    (2) The Service finds that reintroduction of nonessential 
experimental gray wolves, as defined in paragraph (i)(7) of this 
section, will further the conservation of the species.
    (3) No person may take this species in the wild in an experimental 
population area except as provided in paragraphs (i)(3), (7), and (8) 
of this section.
    (i) Landowners on their private land and livestock producers (i.e., 
producers of cattle, sheep, horses, and mules or as defined in State 
and tribal wolf management plans as approved by the Service) who are 
legally using public land (Federal land and any other public lands 
designated in State and tribal wolf management plans as approved by the 
Service) may harass any wolf in an opportunistic (the wolf cannot be 
purposely attracted, tracked, waited for, or searched out, then 
harassed) and noninjurious (no temporary or permanent physical damage 
may result) manner at any time, provided that such harassment is 
nonlethal or is not physically injurious to the gray wolf and is 
reported within 7 days to the Service project leader for wolf 
reintroduction or agency representative designated by the Service.
    (ii) Any livestock producers on their private land may take 
(including to kill or injure) a wolf in the act of killing, wounding, 
or biting livestock (cattle, sheep, horses, and mules or as defined in 
State and tribal wolf management plans as approved by the Service), 
provided that such incidents are reported within 24 hours to the 
Service project leader for wolf reintroduction or agency representative 
designated by the Service, and livestock freshly (less than 24 hours) 
wounded (torn flesh and bleeding) or killed by wolves must be evident. 
Service or other Service-authorized agencies will confirm if livestock 
were wounded or killed by wolves. The taking of any wolf without such 
evidence may be referred to the appropriate authorities for 
prosecution.
    (iii) Any livestock producer or permittee with livestock grazing 
allotments on public land may receive a written permit, valid for up to 
45 days, from the Service or other agencies designated by the Service, 
to take (including to kill or injure) a wolf that is in the act of 
killing, wounding, or biting livestock (cattle, sheep, horses, and 
mules or as defined in State and tribal wolf management plans as 
approved by the Service), provided that six or more breeding pairs of 
wolves have been documented in the experimental population area and the 
Service or other agencies authorized by the Service has confirmed that 
the livestock losses were caused by wolves and has completed agency 
efforts to resolve the problem. Such take must be reported within 24 
hours to the Service project leader for wolf reintroduction or agency 
representative designated by the Service. There must be evidence of 
freshly wounded or killed livestock by wolves. Service or other 
Service-authorized agencies will investigate and determine if the 
livestock were wounded or killed by wolves. The taking of any wolf 
without such evidence may be referred to the appropriate authorities 
for prosecution.
    (iv) Potentially affected States and tribes may capture and 
translocate wolves to other areas within an experimental population 
area as described in paragraph (i)(7) of this section, provided the 
level of wolf predation is negatively impacting localized ungulate 
populations at an unacceptable level. Such translocations cannot 
inhibit wolf population recovery. The States and tribes will define 
such unacceptable impacts, how they would be measured, and identify 
other possible mitigation in their State or tribal wolf management 
plans. These plans must be approved by the Service before such movement 
of wolves may be conducted.
    (v) The Service, or agencies authorized by the Service, may 
promptly remove (place in captivity or kill) any wolf that the Service 
or agency authorized by the Service determines to present a threat to 
human life or safety.
    (vi) Any person may harass or take (kill or injure) a wolf in self 
defense or in defense of others, provided that such take is reported 
within 24 hours to the Service reintroduction project leader or 
Service-designated agent. The taking of a wolf without an immediate and 
direct threat to human life may be referred to the appropriate 
authorities for prosecution.
    (vii) The Service or agencies designated by the Service may take 
wolves that are determined to be ``problem'' wolves. Problem wolves are 
defined as wolves that in a calendar year attack livestock (cattle, 
sheep, horses, and mules or as defined by State and tribal wolf 
management plans approved by the Service) or wolves that twice in a 
calendar year attack domestic animals (all domestic animals other than 
livestock). Authorized take includes, but is not limited to, nonlethal 
measures such as: Aversive conditioning, nonlethal control, and/or 
translocating wolves. Such taking may be done when five or fewer 
breeding pairs are established in an experimental population area. If 
the take results in a wolf mortality, then evidence that the mortality 
was nondeliberate, accidental, nonnegligent, and unavoidable must be 
provided. When six or more breeding pairs are established in the 
experimental population area, lethal control of problem wolves or 
permanent placement in captivity will be authorized but only after 
other methods to resolve livestock depredations have been exhausted. 
Depredations occurring on Federal lands or other public lands 
identified in State or tribal wolf management plans and prior to six 
breeding pairs becoming established in an experimental population area 
may result in capture and release of the female wolf and her pups at or 
near the site of capture prior to October 1. All wolves on private 
land, including female wolves with pups, may be relocated or moved to 
other areas within the experimental population area if continued 
depredation occurs. Wolves attacking domestic animals other than 
livestock, including pets on private land, two or more times in a 
calendar year will be relocated. All chronic problem wolves (wolves 
that depredate on domestic animals after being moved once for previous 
domestic animal depredations) will be removed from the wild (killed or 
placed in captivity). The following three criteria will be used in 
determining the status of problem wolves within the nonessential 
experimental population area:

[[Page 9225]]

    (A) There must be evidence of wounded livestock or partial remains 
of a livestock carcass that clearly shows that the injury or death was 
caused by wolves. Such evidence is essential since wolves may feed on 
carrion that they found and did not kill. There must be reason to 
believe that additional livestock losses would occur if no control 
action is taken.
    (B) There must be no evidence of artificial or intentional feeding 
of wolves. Improperly disposed of livestock carcasses in the area of 
depredation will be considered attractants. Livestock carrion or 
carcasses on public land, not being used as bait under an agency-
authorized control action, must be removed or otherwise disposed of so 
that it will not attract wolves.
    (C) On public lands, animal husbandry practices previously 
identified in existing approved allotment plans and annual operating 
plans for allotments must have been followed.
    (viii) Any person may take a gray wolf found in an area defined in 
paragraph (i)(7) of this section, provided that the take is incidental 
to an otherwise lawful activity, accidental, unavoidable, 
unintentional, not resulting from negligent conduct lacking reasonable 
due care, and due care was exercised to avoid taking a gray wolf. Such 
taking is to be reported within 24 hours to a Service or Service-
designated authority. Take that does not conform with such provisions 
may be referred to the appropriate authorities for prosecution.
    (ix) Service or other Federal, State, or tribal personnel may 
receive written authorization from the Service to take animals under 
special circumstances. Wolves may be live-captured and translocated to 
resolve demonstrated conflicts with ungulate populations or with other 
species listed under the Act, or when they are found outside of the 
designated experimental population area. Take procedures in such 
instances would involve live-capture and release to a remote area or 
placement in a captive facility, if the animal is clearly unfit to 
remain in the wild. Killing of wolves will be a last resort and is only 
authorized when live-capture attempts have failed or there is clear 
endangerment to human life.
    (x) Any person with a valid permit issued by the Service under 
Sec.  17.32 may take wolves in the wild in the experimental population 
area, pursuant to terms of the permit.
    (xi) Any employee or agent of the Service or appropriate Federal, 
State, or tribal agency, who is designated in writing for such purposes 
by the Service, when acting in the course of official duties, may take 
a wolf from the wild within the experimental population area, if such 
action is for:
    (A) Scientific purposes;
    (B) To relocate wolves to avoid conflict with human activities;
    (C) To relocate wolves within the experimental population areas to 
improve wolf survival and recovery prospects;
    (D) To relocate wolves that have moved outside the experimental 
population area back into the experimental population area;
    (E) To aid or euthanize sick, injured, or orphaned wolves;
    (F) To salvage a dead specimen that may be used for scientific 
study; or
    (G) To aid in law enforcement investigations involving wolves.
    (xii) Any taking pursuant to this section must be reported within 
24 hours to the appropriate Service or Service-designated agency, which 
will determine the disposition of any live or dead specimens.
    (4) Human access to areas with facilities where wolves are confined 
may be restricted at the discretion of Federal, State, and tribal land 
management agencies. When five or fewer breeding pairs are in an 
experimental population area, land-use restrictions may also be 
employed on an as-needed basis, at the discretion of Federal land 
management and natural resources agencies to control intrusive human 
disturbance around active wolf den sites. Such temporary restrictions 
on human access, when five or fewer breeding pairs are established in 
an experimental population area, may be required between April 1 and 
June 30, within 1 mile of active wolf den or rendezvous sites and would 
apply only to public lands or other such lands designated in State and 
tribal wolf management plans. When six or more breeding pairs are 
established in an experimental population area, no land-use 
restrictions may be employed outside of national parks or national 
wildlife refuges, unless wolf populations fail to maintain positive 
growth rates toward population recovery levels for 2 consecutive years. 
If such a situation arose, State and tribal agencies would identify, 
recommend, and implement corrective management actions within 1 year, 
possibly including appropriate land-use restrictions to promote growth 
of the wolf population.
    (5) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any wolf or part thereof 
from the experimental populations taken in violation of the regulations 
in paragraph (i) of this section or in violation of applicable State or 
tribal fish and wildlife laws or regulations or the Endangered Species 
Act.
    (6) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed any offense defined in this 
paragraph (i).
    (7) The sites for reintroduction are within the historic range of 
the species:
    (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.
    (8) The reintroduced wolves will be monitored during the life of 
the project, including by the use of radio telemetry and other remote 
sensing devices as appropriate. All released animals will be vaccinated 
against diseases and parasites prevalent in canids, as appropriate, 
prior to release and during subsequent handling. Any animal that is 
sick, injured, or otherwise in need of special care may be captured by 
authorized personnel of the Service or Service-designated agencies and 
given

[[Page 9226]]

appropriate care. Such an animal will be released back into its 
respective reintroduction area as soon as possible, unless physical or 
behavioral problems make it necessary to return the animal to captivity 
or euthanize it.
    (9) The Service does not intend to reevaluate the ``nonessential 
experimental'' designation. The Service does not foresee any likely 
situation that would result in changing the nonessential experimental 
status until the gray wolf is recovered and delisted in the northern 
Rocky Mountains according to provisions outlined in the Act.
* * * * *
    (n) Gray wolf (Canis lupus). (1) The gray wolves (wolf) identified 
in paragraph (n)(9)(i) of this section are a nonessential experimental 
population. These wolves will be managed in accordance with the 
respective provisions of this paragraph (n) in the boundaries of the 
nonessential experimental population (NEP) areas within any State or 
Tribal reservation that has a wolf management plan that has been 
approved by the Service, as further provided in this paragraph (n). 
Furthermore, any State or Tribe that has a wolf management plan 
approved by the Service can petition the Secretary of the Department of 
the Interior (DOI) to assume the lead authority for wolf management 
under this rule within the borders of the NEP areas in their respective 
State or reservation.
    (2) The Service finds that management of nonessential experimental 
gray wolves, as defined in this paragraph (n), will further the 
conservation of the species.
    (3) Definitions of terms used in paragraph (n) of this section 
follow:
    Active den site--A den or a specific above-ground site that is 
being used on a daily basis by wolves to raise newborn pups during the 
period April 1 to June 30.
    Breeding pair--An adult male and an adult female wolf that, during 
the previous breeding season, produced at least two pups that survived 
until December 31 of the year of their birth.
    Designated agent--Includes Federal agencies authorized or directed 
by the Service, and States or Tribes with a wolf management plan 
approved by the Director of the Service and with established 
cooperative agreements with us or Memoranda of Agreement (MOAs) 
approved by the Secretary of the DOI. Federal agencies, States, or 
Tribes may become ``designated agents'' through cooperative agreements 
with the Service whereby they agree to assist the Service to implement 
some portions of this rule. If a State or Tribe becomes a ``designated 
agent'' through a cooperative agreement, the Service will help 
coordinate their activities and retain authority for program direction, 
oversight, and guidance. States and Tribes with approved plans also may 
become ``designated agents'' by submitting a petition to the Secretary 
to establish an MOA under this rule. Once accepted by the Secretary, 
the MOA may allow the State or Tribe to assume lead authority for wolf 
management and to implement the portions of their State or Tribal plans 
that are consistent with this rule. The Service oversight (aside from 
Service law enforcement investigations) under an MOA is limited to 
monitoring compliance with this rule, issuing written authorizations 
for wolf take on reservations without approved wolf management plans, 
and an annual review of the State or Tribal program to ensure the wolf 
population is being maintained above recovery levels.
    Domestic animals--Animals that have been selectively bred over many 
generations to enhance specific traits for their use by humans, 
including use as pets. This includes livestock (as defined below) and 
dogs.
    Intentional harassment--The deliberate and pre-planned harassment 
of wolves, including by less-than-lethal munitions (such as 12-gauge 
shotgun rubber-bullets and bean-bag shells), that are designed to cause 
physical discomfort and temporary physical injury but not death. The 
wolf may have been tracked, waited for, chased, or searched out and 
then harassed.
    In the act of attacking--The actual biting, wounding, grasping, or 
killing of livestock or dogs, or chasing, molesting, or harassing by 
wolves that would indicate to a reasonable person that such biting, 
wounding, grasping, or killing of livestock or dogs is likely to occur 
at any moment.
    Landowner--An owner of private land, or his/her immediate family 
members, or the owner's employees who are currently employed to 
actively work on that private land. In addition, the owner(s) (or his/
her employees) of livestock that are currently and legally grazed on 
that private land and other lease-holders on that private land (such as 
outfitters or guides who lease hunting rights from private landowners), 
are considered landowners on that private land for the purposes of this 
regulation. Private land, under this regulation, also includes all non-
Federal land and land within Tribal reservations. Individuals legally 
using Tribal lands in States with approved plans are considered 
landowners for the purposes of this rule. ``Landowner'' in this 
regulation includes legal grazing permittees or their current employees 
on State, county, or city public or Tribal grazing lands.
    Legally present--A person is legally present when:
    (i) On his or her own property;
    (ii) Not trespassing and has the landowner's permission to bring 
his or her stock animal or dog on the property; or
    (iii) Abiding by regulations governing legal presence on public 
lands.
    Livestock--Cattle, sheep, horses, mules, goats, domestic bison, and 
herding and guarding animals (llamas, donkeys, and certain breeds of 
dogs commonly used for herding or guarding livestock). Livestock 
excludes dogs that are not being used for livestock guarding or 
herding.
    Noninjurious--Does not cause either temporary or permanent physical 
damage or death.
    Opportunistic harassment--Harassment without the conduct of prior 
purposeful actions to attract, track, wait for, or search out the wolf.
    Private land--All land other than that under Federal Government 
ownership and administration and including Tribal reservations.
    Problem wolves--Wolves that have been confirmed by the Service or 
our designated agent(s) to have attacked or been in the act of 
attacking livestock or dogs on private land or livestock on public land 
within the past 45 days. Wolves that we or our designated agent(s) 
confirm to have attacked any other domestic animals on private land 
twice within a calendar year are considered problem wolves for purposes 
of agency wolf control actions.
    Public land--Federal land such as that administered by the National 
Park Service, Bureau of Land Management, USDA Forest Service, Bureau of 
Reclamation, Department of Defense, or other agencies with the Federal 
Government.
    Public land permittee--A person or that person's employee who has 
an active, valid Federal land-use permit to use specific Federal lands 
to graze livestock, or operate an outfitter or guiding business that 
uses livestock. This definition does not include private individuals or 
organizations who have Federal permits for other activities on public 
land such as collecting firewood, mushrooms, antlers, or Christmas 
trees; logging; mining; oil or gas development; or other uses that do 
not require livestock. In recognition of the special and unique 
authorities of Tribes and their relationship with the U.S. Government, 
for the purposes of this rule, the definition includes Tribal

[[Page 9227]]

members who legally graze their livestock on ceded public lands under 
recognized Tribal treaty rights.
    Remove--Place in captivity, relocate to another location, or kill.
    Research--Scientific studies resulting in data that will lend to 
enhancement of the survival of the gray wolf.
    Rule-Federal regulations--``This rule'' or ``this regulation'' 
refers to this final NEP regulation.
    Stock animal--A horse, mule, donkey, llama, or goat used to 
transport people or their possessions.
    Unacceptable impact--Impact to ungulate population or herd where a 
State or Tribe has determined that wolves are one of the major causes 
of the population or herd not meeting established State or Tribal 
management goals.
    Ungulate population or herd--An assemblage of wild ungulates living 
in a given area.
    Wounded--Exhibiting scraped or torn hide or flesh, bleeding, or 
other evidence of physical damage caused by a wolf bite.
    (4) Allowable forms of take of gray wolves. The following 
activities, only in the specific circumstances described under this 
paragraph (n)(4), are allowed: Opportunistic harassment; intentional 
harassment; take on private land; take on public land except land 
administered by National Parks; take in response to impacts on wild 
ungulate populations; take in defense of human life; take to protect 
human safety; take by designated agents to remove problem wolves; 
incidental take; take under permits; take per authorizations for 
employees of designated agents; take for research purposes; and take to 
protect stock animals and dogs. Other than as expressly provided in 
this rule, all other forms of take are considered a violation of 
section 9 of the Act. Any wolf or wolf part taken legally must be 
turned over to the Service unless otherwise specified in this paragraph 
(n). Any take of wolves must be reported as outlined in paragraph 
(n)(6) of this section.
    (i) Opportunistic harassment. Anyone may conduct opportunistic 
harassment of any gray wolf in a noninjurious manner at any time. 
Opportunistic harassment must be reported to the Service or our 
designated agent(s) within 7 days as outlined in paragraph
    (n)(6) of this section.
    (ii) Intentional harassment. After we or our designated agent(s) 
have confirmed wolf activity on private land, on a public land grazing 
allotment, or on a Tribal reservation, we or our designated agent(s) 
may issue written take authorization valid for not longer than 1 year, 
with appropriate conditions, to any landowner or public land permittee 
to intentionally harass wolves. The harassment must occur in the area 
and under the conditions as specifically identified in the written take 
authorization.
    (iii) Take by landowners on their private land. Landowners may take 
wolves on their private land in the following two additional 
circumstances:
    (A) Any landowner may immediately take a gray wolf in the act of 
attacking livestock or dogs on his or her private land, provided the 
landowner provides evidence of livestock or dogs recently (less than 24 
hours) wounded, harassed, molested, or killed by wolves, and we or our 
designated agent(s) are able to confirm that the livestock or dogs were 
wounded, harassed, molested, or killed by wolves. The carcass of any 
wolf taken and the area surrounding it should not be disturbed in order 
to preserve physical evidence that the take was conducted according to 
this rule. The take of any wolf without such evidence of a direct and 
immediate threat may be referred to the appropriate authorities for 
prosecution.
    (B) A landowner may take wolves on his or her private land if we or 
our designated agent issued a ``shoot-on-sight'' written take 
authorization of limited duration (45 days or less), and if:
    (1) This landowner's property has had at least one depredation by 
wolves on livestock or dogs that has been confirmed by us or our 
designated agent(s) within the past 30 days; and
    (2) We or our designated agent(s) have determined that problem 
wolves are routinely present on that private property and present a 
significant risk to the health and safety of other livestock or dogs; 
and
    (3) We or our designated agent(s) have authorized lethal removal of 
problem wolves from that same property. The landowner must conduct the 
take in compliance with the written take authorization issued by the 
Service or our designated agent(s).
    (iv) Take on public land. Any livestock producer and public land 
permittee (see definitions in paragraph (n)(3) of this section) who is 
legally using public land under a valid Federal land-use permit may 
immediately take a gray wolf in the act of attacking his or her 
livestock on the person's allotment or other area authorized for his or 
her use without prior written authorization, provided that that 
producer or permittee provides evidence of livestock recently (less 
than 24 hours) wounded, harassed, molested, or killed by wolves, and we 
or our designated agent(s) are able to confirm that the livestock were 
wounded, harassed, molested, or killed by wolves. The carcass of any 
wolf taken and the area surrounding it should not be disturbed, in 
order to preserve physical evidence that the take was conducted 
according to this rule. The take of any wolf without such evidence may 
be referred to the appropriate authorities for prosecution.
    (A) At our or our designated agent(s)' discretion, we or our 
designated agent(s) also may issue a shoot-onsight written take 
authorization of limited duration (45 days or less) to a public land 
grazing permittee to take problem wolves on that permittee's active 
livestock grazing allotment if:
    (1) The grazing allotment has had at least one depredation by 
wolves on livestock that has been confirmed by us or our designated 
agent(s) within the past 30 days; and
    (2) We or our designated agent(s) have determined that problem 
wolves are routinely present on that allotment and present a 
significant risk to the health and safety of livestock; and
    (3) We or our designated agent(s) have authorized lethal removal of 
problem wolves from that same allotment.
    (B) The permittee must conduct the take in compliance with the 
written take authorization issued by the Service or our designated 
agent(s).
    (v) Take in response to wild ungulate impacts. If wolf predation is 
having an unacceptable impact on wild ungulate populations (deer, elk, 
moose, bighorn sheep, mountain goats, antelope, or bison) as determined 
by the respective State or Tribe, a State or Tribe may lethally remove 
the wolves in question.
    (A) In order for this provision to apply, the State or Tribes must 
prepare a science-based document that:
    (1) Describes the basis of ungulate population or herd management 
objectives, what data indicate that the ungulate population or herd is 
below management objectives, what data indicate that wolves are a major 
cause of the unacceptable impact to the ungulate population or herd, 
why wolf removal is a warranted solution to help restore the ungulate 
population or herd to State or Tribal management objectives, the level 
and duration of wolf removal being proposed, and how ungulate 
population or herd response to wolf removal will be measured and 
control actions adjusted for effectiveness;
    (2) Demonstrates that attempts were and are being made to address 
other identified major causes of ungulate herd or population declines 
or the State or Tribe commits to implement possible remedies or 
conservation measures in addition to wolf removal; and

[[Page 9228]]

    (3) Provides an opportunity for peer review and public comment on 
their proposal prior to submitting it to the Service for written 
concurrence. The State or Tribe must:
    (i) Conduct the peer review process in conformance with the Office 
of Management and Budget's Final Information Quality Bulletin for Peer 
Review (70 FR 2664, January 14, 2005) and include in their proposal an 
explanation of how the bulletin's standards were considered and 
satisfied; and
    (ii) Obtain at least five independent peer reviews from individuals 
with relevant expertise other than staff employed by a State, Tribal, 
or Federal agency directly or indirectly involved with predator control 
or ungulate management in Idaho, Montana, or Wyoming.
    (B) Before we authorize lethal removal, we must determine that an 
unacceptable impact to wild ungulate populations or herds has occurred. 
We also must determine that the proposed lethal removal is science-
based, will not contribute to reducing the wolf population in the State 
below 20 breeding pairs and 200 wolves, and will not impede wolf 
recovery.
    (vi) Take in defense of human life. Any person may take a gray wolf 
in defense of the individual's life or the life of another person. The 
unauthorized taking of a wolf without demonstration of an immediate and 
direct threat to human life may be referred to the appropriate 
authorities for prosecution.
    (vii) Take to protect human safety. We or our designated agent(s) 
may promptly remove any wolf that we or our designated agent(s) 
determines to be a threat to human life or safety.
    (viii) Take of problem wolves by Service personnel or our 
designated agent(s). We or our designated agent(s) may carry out 
harassment, nonlethal control measures, relocation, placement in 
captivity, or lethal control of problem wolves. To determine the 
presence of problem wolves, we or our designated agent(s) will consider 
all of the following:
    (A) Evidence of wounded livestock, dogs, or other domestic animals, 
or remains of livestock, dogs, or domestic animals that show that the 
injury or death was caused by wolves, or evidence that wolves were in 
the act of attacking livestock, dogs, or domestic animals;
    (B) The likelihood that additional wolf-caused losses or attacks 
may occur if no control action is taken;
    (C) Evidence of unusual attractants or artificial or intentional 
feeding of wolves; and
    (D) Evidence that animal husbandry practices recommended in 
approved allotment plans and annual operating plans were followed.
    (ix) Incidental take. Take of a gray wolf is allowed if the take is 
accidental and incidental to an otherwise lawful activity and if 
reasonable due care was practiced to avoid such take, and such take is 
reported within 24 hours. Incidental take is not allowed if the take is 
not accidental or if reasonable due care was not practiced to avoid 
such take, or it was not reported within 24 hours (we may allow 
additional time if access to the site of the take is limited), and we 
may refer such taking to the appropriate authorities for prosecution. 
Shooters have the responsibility to identify their target before 
shooting. Shooting a wolf as a result of mistaking it for another 
species is not considered accidental and may be referred to the 
appropriate authorities for prosecution.
    (x) Take under permits. Any person with a valid permit issued by 
the Service under Sec.  17.32, or our designated agent(s), may take 
wolves in the wild, pursuant to terms of the permit.
    (xi) Additional take authorization for agency employees. When 
acting in the course of official duties, any employee of the Service or 
our designated agent(s) may take a wolf or wolf-like canid for the 
following purposes:
    (A) Scientific purposes;
    (B) To avoid conflict with human activities;
    (C) To further wolf survival and recovery;
    (D) To aid or euthanize sick, injured, or orphaned wolves;
    (E) To dispose of a dead specimen;
    (F) To salvage a dead specimen that may be used for scientific 
study;
    (G) To aid in law enforcement investigations involving wolves; or
    (H) To prevent wolves or wolf-like canids with abnormal physical or 
behavioral characteristics, as determined by the Service or our 
designated agent(s), from passing on or teaching those traits to other 
wolves.
    (I) Such take must be reported to the Service within 7 days as 
outlined in paragraph (n)(6) of this section, and specimens are to be 
retained or disposed of only in accordance with directions from the 
Service.
    (xii) Take for research purposes. We may issue permits under Sec.  
17.32, or our designated agent(s) may issue written authorization, for 
individuals to take wolves in the wild pursuant to approved scientific 
study proposals. Scientific studies should be reasonably expected to 
result in data that will lend to development of sound management of the 
gray wolf, and lend to enhancement of its survival as a species.
    (xiii) Take to protect stock animals and dogs. Any person legally 
present on private or public land, except land administered by the 
National Park Service, may immediately take a wolf that is in the act 
of attacking the individual's stock animal or dog, provided that there 
is no evidence of intentional baiting, feeding, or deliberate 
attractants of wolves. The person must be able to provide evidence of 
stock animals or dogs recently (less than 24 hours) wounded, harassed, 
molested, or killed by wolves, and we or our designated agents must be 
able to confirm that the stock animals or dogs were wounded, harassed, 
molested, or killed by wolves. To preserve evidence that the take of a 
wolf was conducted according to this rule, the person must not disturb 
the carcass and the area surrounding it. The take of any wolf without 
such evidence of a direct and immediate threat may be referred to the 
appropriate authorities for prosecution.
    (5) Federal land use. Restrictions on the use of any Federal lands 
may be put in place to prevent the take of wolves at active den sites 
between April 1 and June 30. Otherwise, no additional land-use 
restrictions on Federal lands, except for National Parks or National 
Wildlife Refuges, may be necessary to reduce or prevent take of wolves 
solely to benefit gray wolf recovery under the Act. This prohibition 
does not preclude restricting land use when necessary to reduce 
negative impacts of wolf restoration efforts on other endangered or 
threatened species.
    (6) Reporting requirements. Except as otherwise specified in 
paragraph (n) of this section or in a permit, any take of a gray wolf 
must be reported to the Service or our designated agent(s) within 24 
hours. We will allow additional reasonable time if access to the site 
is limited. Report any take of wolves, including opportunistic 
harassment, to U.S. Fish and Wildlife Service, Montana Ecological 
Services Office (585 Shepard Way, Suite 1, Helena, Montana 59601, 406-
449-5225; facsimile 406-449-5339), or a Service-designated agent of 
another Federal, State, or Tribal agency. Unless otherwise specified in 
paragraph (n) of this section, any wolf or wolf part taken legally must 
be turned over to the Service, which will determine the disposition of 
any live or dead wolves.
    (7) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any wolf or part thereof 
from the experimental populations taken in violation of the regulations 
in paragraph

[[Page 9229]]

(n) of this section or in violation of applicable State or Tribal fish 
and wildlife laws or regulations or the Act.
    (8) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed any offense defined in this 
section.
    (9) The sites for these experimental populations are within the 
historic range of the species as designated in paragraph (i)(7) of this 
section:
    (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.
    (10) Wolves in the experimental population areas will be monitored 
by radio-telemetry or other standard wolf population monitoring 
techniques as appropriate. Any animal that is sick, injured, or 
otherwise in need of special care may be captured by authorized 
personnel of the Service or our designated agent(s) and given 
appropriate care. Such an animal will be released back into its 
respective area as soon as possible, unless physical or behavioral 
problems make it necessary to return the animal to captivity or 
euthanize it.
    (11) Memoranda of Agreement (MOAs). Any State or Tribe with gray 
wolves, subject to the terms of this paragraph (n), may petition the 
Secretary for an MOA to take over lead management responsibility and 
authority to implement this rule by managing the nonessential 
experimental gray wolves in that State or on that Tribal reservation, 
and implement all parts of their approved State or Tribal plan that are 
consistent with this rule, provided that the State or Tribe has a wolf 
management plan approved by the Secretary.
    (i) A State or Tribal petition for wolf management under an MOA 
must show:
    (A) That authority and management capability resides in the State 
or Tribe to conserve the gray wolf throughout the geographical range of 
all experimental populations within the State or within the Tribal 
reservation.
    (B) That the State or Tribe has an acceptable conservation program 
for the gray wolf, throughout all of the NEP areas within the State or 
Tribal reservation, including the requisite authority and capacity to 
carry out that conservation program.
    (C) A description of exactly what parts of the approved State or 
Tribal plan the State or Tribe intends to implement within the 
framework of this rule.
    (D) A description of the State or Tribal management progress will 
be reported to the Service on at least an annual basis so the Service 
can determine if State or Tribal management has maintained the wolf 
population above recovery levels and was conducted in full compliance 
with this rule.
    (ii) The Secretary will approve such a petition upon a finding that 
the applicable criteria are met and that approval is not likely to 
jeopardize the continued existence of the endangered gray wolf, as 
defined in Sec.  17.11(h).
    (iii) If the Secretary approves the petition, the Secretary will 
enter into an MOA with the Governor of that State or appropriate Tribal 
representative.
    (iv) An MOA for State or Tribal management as provided in this 
section may allow a State or Tribe to become designated agents and lead 
management of nonessential experimental gray wolf populations within 
the borders of their jurisdictions in accordance with the State's or 
Tribe's wolf management plan approved by the Service, except that:
    (A) The MOA may not provide for any form of management inconsistent 
with the protection provided to the species under this rule, without 
further opportunity for appropriate public comment and review and 
amendment of this rule;
    (B) The MOA cannot vest the State or Tribe with any authority over 
matters concerning section 4 of the Act (determining whether a species 
warrants listing);
    (C) The MOA may not provide for public hunting or trapping absent a 
finding by the Secretary of an extraordinary case where population 
pressures within a given ecosystem cannot be otherwise relieved; and
    (D) In the absence of a Tribal wolf management plan or cooperative 
agreement, the MOA cannot vest a State with the authority to issue 
written authorizations for wolf take on reservations. The Service will 
retain the authority to issue these written authorizations until a 
Tribal wolf management plan is approved.
    (v) The MOA for State or Tribal wolf management must provide for 
joint law enforcement responsibilities to ensure that the Service also 
has the authority to enforce the State or Tribal management program 
prohibitions on take.
    (vi) The MOA may not authorize wolf take beyond that stated in the 
experimental population rules but may be more restrictive.
    (vii) The MOA will expressly provide that the results of 
implementing the MOA may be the basis upon which State or Tribal 
regulatory measures will be judged for delisting purposes.
    (viii) The authority for the MOA will be the Act, the Fish and 
Wildlife Act of 1956 (16 U.S.C. 742a-742j), and the Fish and Wildlife 
Coordination Act (16 U.S.C. 661-667e), and any applicable treaty.
    (ix) In order for the MOA to remain in effect, the Secretary must 
find, on an annual basis, that the management under the MOA is not 
jeopardizing the continued existence of the endangered gray wolf as 
defined in Sec.  17.11(h). The Secretary or State or Tribe may 
terminate the MOA upon 90 days notice if:
    (A) Management under the MOA is likely to jeopardize the continued 
existence of the endangered gray wolf as defined in Sec.  17.11(h); or
    (B) The State or Tribe has failed materially to comply with this 
rule, the MOA, or any relevant provision of the State or Tribal wolf 
management plan; or
    (C) The Service determines that biological circumstances within the 
range of the gray wolf indicate that delisting the species is not 
warranted; or
    (D) The States or Tribes determine that they no longer want the 
wolf management authority vested in them by the Secretary in the MOA.

0
5. Amend Sec.  17.95(a) by adding an entry for ``Gray Wolf (Canis 
lupus)'' in the same alphabetical order in which this species appears 
in the table in Sec.  17.11(h) to read as set forth below:


Sec.  17.95  Critical habitat--fish and wildlife.

    (a) Mammals.
* * * * *
    Gray Wolf (Canis lupus)
    Michigan. Isle Royale National Park.
    Minnesota. Areas of land, water, and airspace in Beltrami, Cook, 
Itasca, Koochiching, Lake, Lake of the Woods, Roseau, and St. Louis 
Counties, with boundaries (4th and 5th Principal meridians) identical 
to those of zones 1, 2, and 3, as delineated in Sec.  17.40(d)(l).
* * * * *

    Dated: February 11, 2015.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-03503 Filed 2-19-15; 8:45 am]
BILLING CODE 4310-55-P