Endangered and Threatened Wildlife and Plants; Request for New Information for the North American Wolverine Species Status Assessment, 71557-71559 [2022-25433]
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Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Proposed Rules
failure to do so shall be, in addition to
a violation of any specific provisions of
this section, § 11.45(a) of this chapter, or
§ 10.520(d), an independent breach of
this duty.
■ 4. Revise § 10.500 introductory text as
follows:
§ 10.500
General requirements.
Mobile devices are required to
perform the following functions:
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PART 11—EMERGENCY ALERT
SYSTEM (EAS)
5. The authority citation for part 11
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g), 606, 1201, 1206.
6. Amend § 11.35 by adding paragraph
(d) to read as follows:
■
§ 11.35
Equipment operational readiness.
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(d) Annual EAS Security Certification.
(1) The identifying information
required by the ETRS as specified in
§ 11.61(a)(3)(iv) shall include a
Certification to the Commission that the
EAS Participant has created, annually
updated, and implemented a
cybersecurity risk management plan.
The cybersecurity risk management plan
shall describe how the EAS Participant
employs its organizational resources
and processes to ensure the
confidentiality, integrity, and
availability of the EAS. The plan shall
discuss how the EAS Participant
identifies the cyber risks that its faces,
the controls it uses to mitigate those
risks, and how it ensures that these
controls are applied effectively to their
operations. The plan shall address the
security of all aspects of an EAS
Participant’s communications systems
and services that potentially could affect
its provision of EAS messages. The plan
shall be made available to the
Commission upon request.
(2) EAS Participants shall employ
sufficient security controls to ensure the
confidentially, integrity, and availability
of the EAS. In furtherance of this
requirement, the cybersecurity risk
management plan shall address, but not
be limited to, the following security
controls:
(i) Changing default passwords prior
to operation;
(ii) Installing security updates in a
timely manner;
(iii) Securing equipment behind
properly configured firewalls or using
other segmentation practices;
(iv) Requiring multifactor
authentication where applicable;
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(v) Addressing the replacement of
end-of-life equipment; and
(vi) Wiping, clearing, or encrypting
user information before disposing of old
devices.
(3) EAS Participants shall take
reasonable measures to protect the
confidentiality, integrity, and
availability of EAS to avoid the
transmission of false alerts or nontransmission of valid EAS messages;
failure to do so shall be, in addition to
a violation of any specific provisions of
this section, § 11.45(a), or § 10.520(d) of
this chapter, an independent breach of
this duty.
■ 7. Amend § 11.45 by redesignating
paragraph (c) as paragraph (d) and
adding a new paragraph (c) to read as
follows:
§ 11.45 Prohibition of false or deceptive
EAS transmissions.
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(c) No later than seventy-two (72)
hours after an EAS Participant knows or
should have known that its EAS
equipment, or communications systems,
or services that potentially could affect
their provision of EAS, have been
accessed in an unauthorized manner,
the EAS Participant shall provide
notification to the Commission
identifying, if applicable, the date range
of the incident, a description of the
unauthorized access, the impact to the
EAS Participant’s EAS operational
readiness, a description of the
vulnerabilities exploited and the
techniques used to access the device,
identifying information for each actor
responsible for the incident, and contact
information for the EAS Participant.
When one event or set of events gives
rise to obligations under both
paragraphs (b) and (c) of this section, an
EAS Participant remains subject to each
requirement individually. The
Participant may elect to send a single
notification to the Commission within
24 hours providing all the information
described in both paragraphs or separate
notification to the Commission within
24 hours and 72 hours.
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[FR Doc. 2022–25263 Filed 11–22–22; 8:45 am]
BILLING CODE 6712–01–P
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71557
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2012–0107;
FF09E21000 FXES11110900000 234]
Endangered and Threatened Wildlife
and Plants; Request for New
Information for the North American
Wolverine Species Status Assessment
Fish and Wildlife Service,
Interior.
ACTION: Request for new information.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), notify the
public that we are requesting new
information to update the Species Status
Assessment (SSA) for the North
American Wolverine (Gulo gulo luscus)
occurring in the contiguous United
States to make a final determination
whether to list this species under the
Endangered Species Act of 1973, as
amended (Act). As a result of court
action, the wolverine is now proposed
for listing as a threatened species under
the Act. The Service is updating the
2018 SSA and will reevaluate whether
the North American wolverine
occurring in the contiguous United
States is a distinct population segment
and, if so, whether the distinct
population segment meets the definition
of an endangered or threatened species
under the Act. We now request new
information regarding the North
American wolverine to inform our SSA
update and reevaluation under the Act.
As directed by the court, the Service is
to make a final listing determination by
the end of November 2023.
DATES: In order to fully consider and
incorporate new information, the
Service requests submittal of new
information by close of business
December 23, 2022. Information
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. eastern time on the closing
date.
ADDRESSES:
Document availability: You may
obtain copies of the 2013 proposed rule,
the 2018 SSA report, and other
supporting documents on the internet at
https://ecos.fws.gov/ecp/species/5123 or
at https://www.regulations.gov at Docket
No. FWS–R6–ES–2012–0107 or by mail
or email from the Region 1 Ecological
Services Regional Office (see FOR
FURTHER INFORMATION CONTACT).
Submission of information: You may
submit written information by one of
the following methods:
SUMMARY:
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Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Proposed Rules
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
Docket No. FWS–R6–ES–2012–0107.
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R6–ES–2012–0107, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send new
information only by the methods
described above. We will post all new
information received on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Requested section below for
more information).
Jodi
Bush, Deputy Assistant Regional
Director, Ecological Services, Region 1,
U.S. Fish and Wildlife Service, 911
Northeast 11th Avenue, Portland,
Oregon 97232; telephone: 503–231–
2256; email: jodi_bush@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
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Species Information
On February 4, 2013, we published a
proposed rule to list the distinct
population segment (DPS) of wolverine
occurring in the contiguous United
States as a threatened species under the
Act, with a proposed rule under section
4(d) of the Act that outlined the
prohibitions considered necessary and
advisable for the conservation of the
wolverine (78 FR 7864; hereafter
referred to as the ‘‘2013 proposed rule’’).
Please refer to the 2013 proposed rule
and the 2018 Species Status Assessment
(SSA) for the North American
Wolverine (Gulo gulo luscus) for
information about the wolverine’s
taxonomy; life history; requirements for
habitat, space, and food; densities;
status in Canada and Alaska; geographic
range delineation complexities;
distribution; and habitat relationships
and distribution. The SSA report can be
found at https://www.regulations.gov at
Docket No. FWS–R6–ES–2016–0106 or
https://ecos.fws.gov/ecp/species/5123.
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Previous Federal Actions
Please refer to the 2013 proposed rule
for a detailed description of Federal
actions concerning the wolverine prior
to 2013. On October 31, 2013 (78 FR
65248), we reopened the comment
period on the 2013 proposed rule. On
February 5, 2014 (79 FR 6874), we
extended our final determination date
and reopened the comment period on
the 2013 proposed rule. On August 13,
2014 (79 FR 47522), we withdrew the
2013 proposed rule based on our
conclusion that the factors affecting the
DPS were not as significant as believed
at the time of publication of the
proposed rule. That 2014 withdrawal
decision was challenged and ultimately
vacated by court order in 2016
(Defenders of Wildlife v. Jewell, No.
9:14–cv–00246–DLC, Doc108 (D. Mont.
April 4, 2016)). Following the court’s
decision, on October 18, 2016 (81 FR
71670), we reopened a comment period
on the 2013 proposed rule.
On October 13, 2020 (85 FR 64618),
the Service again withdrew the 2013
proposed rule to list the DPS of the
North American wolverine occurring in
the contiguous United States as a
threatened species under the Act. The
2020 withdrawal decision was based on
our conclusion that the factors affecting
the species as identified in the 2013
proposed rule were not as significant as
believed at the time of publication of the
proposed rule. We also found that the
North American wolverines occurring in
the contiguous United States did not
qualify as a DPS.
The Center for Biological Diversity
and WildEarth Guardians filed lawsuits
in the District Court for the District of
Montana challenging the Service’s 2020
decision to withdraw the proposal to list
the North American wolverine DPS. The
cases were consolidated, and the State
of Idaho’s motion to intervene was
granted. On February 4, 2022, the
Service filed a motion asking the court
to voluntarily return (remand) the 2020
withdrawal decision to the Service to
allow the Service to reevaluate it; the
Service also requested that the
withdrawal decision remain in effect
pending that reevaluation. On May 26,
2022, the court granted the Service’s
request for a voluntary remand of the
2020 withdrawal decision, but the court
decided to vacate the withdrawal
decision. Ctr. for Biological Diversity v.
Haaland, No. CV 20–181–M–DWM (D.
Mont. May 26, 2022).
Current Situation
The court’s action returns the listing
process relative to the wolverine to the
proposed rule stage. Therefore, the
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Service notifies the public that the
February 4, 2013, proposed rule to list
the DPS of wolverine occurring in the
contiguous United States as threatened
under the Act (78 FR 7864) has been
reinstated. For purposes of consultation
under section 7 of the Act, the
wolverine, as of May 26, 2022, is again
a species proposed for listing and
subject to conferencing requirements.
Next Steps
We will be updating the SSA for the
North American wolverine to include
any new information not available as of
the report published on March 1, 2018.
We will use the updated SSA as the
scientific foundation to aid in our
reevaluation of whether the DPS is valid
pursuant to our 1996 DPS policy (61 FR
4722), and if so, whether the DPS meets
the definition of an endangered or
threatened species under the Act, or
whether the species is not warranted for
listing. Per the court order, the Service
is to make a final listing determination
within 18 months of the court’s
judgment, i.e., on or before November
27, 2023. Any listing determination we
make must be made based on the best
available information. We invite the
public to provide new information that
has become available since the March 1,
2018, publication of the SSA to inform
our final determination regarding the
North American wolverine.
Information Requested
We are seeking information that has
become available since March 1, 2018,
regarding the wolverine. We will
consider information from all interested
parties. We are particularly interested in
specific information concerning:
(1) Biological, commercial trade, or
other relevant data concerning any
threats (or lack thereof) to wolverine,
and regulations that may be addressing
those threats.
(2) the historical and current status,
range, distribution, and population size
of this species, including the locations
of additional populations of wolverine.
(3) the biological or ecological
requirements for wolverine, as well as
ongoing conservation measures or
efforts for the species and its habitat.
(4) Current or planned activities in the
areas occupied by wolverine and
possible impacts of these activities on
this species.
(5) the amount and distribution of
wolverine habitat, including den sites.
(6) the impacts of small population
size and genetic diversity on the
wolverine.
(7) the projected and reasonably likely
impacts of climate change on the
wolverine and its habitat, including the
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Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Proposed Rules
loss of snowpack and impacts to
wolverine denning habitat.
(8) population connectivity between
Canada and the lower 48 contiguous
States of the United States and
information on differences in
regulations governing wolverine
management, or wolverine conservation
status, in Canada and the lower 48
contiguous States.
Please note that we are not requesting
any additional public comments on the
proposed listing rule published in 2013
(78 FR 7864). Instead, we are seeking
only new information to update the SSA
for the North American wolverine that
was published on March 1, 2018. If you
submitted comments or information on
the proposed rule (78 FR 7864) during
the initial comment periods from
February 4, 2013, to May 6, 2013, from
October 31, 2013, to December 2, 2013,
from February 5, 2014, to May 6, 2014,
or from October 18, 2016, to November
17, 2016, please do not resubmit them.
Any such comments have been
incorporated as part of the public record
of the proposed rule, and we will fully
consider them in the preparation of our
final determination. Our final
determination will take into
consideration all written comments and
any additional information we received
during all comment periods or in
response to this document. Our final
determination may again be a
withdrawal of the 2013 proposed rule;
it may be a determination to finalize the
2013 proposed rule; or our final listing
determination may differ from the
proposed rule. If, after considering all
new information, we reaffirm that the
wolverine DPS is a listable entity and
that it meets the definition of a
threatened or endangered species under
section 4 of the Act, we may decide it
is appropriate to repropose the species
for listing. At that time, we would
provide an opportunity for public
comment on an updated proposed rule.
You may submit new information
concerning the update to the status
assessment by one of the methods listed
in ADDRESSES. We request that you send
information only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. We will post all
hardcopy submissions on https://
www.regulations.gov as well. If you
submit a hardcopy of new information
that includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
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16:47 Nov 22, 2022
Jkt 259001
However, we cannot guarantee that we
will be able to do so.
Information and materials we receive
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R6–ES–2012–0107. You may
obtain copies of the proposed rule and
the SSA for the North American
Wolverine (Gulo gulo luscus) on the
internet at https://www.regulations.gov
at Docket No. FWS–R6–ES–2012–0107
and https://ecos.fws.gov/ecp/species/
5123 or by mail or email from the
Region 1 Ecological Services Regional
Office (see FOR FURTHER INFORMATION
CONTACT). Please note that the 2012
docket has documents and other
information related to the proposed
rule, as well as the comments received
and the proposed rule itself, and is also
the correct docket for submission of
information in response to this
document.
Authors
The primary authors of this document
are staff members of the Species
Assessment Team, U.S. Fish and
Wildlife Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2022–25433 Filed 11–22–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 221115–0241]
RIN 0648–BL54
Fisheries of the Exclusive Economic
Zone Off Alaska; Amendment 124 to
the BSAI FMP for Groundfish and
Amendment 112 to the GOA FMP for
Groundfish To Revise IFQ Program
Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS issues a proposed rule
to implement Amendment 124 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
SUMMARY:
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71559
Aleutian Islands Management Area
(BSAI FMP) and Amendment 112 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP). First, this proposed rule would
amend regulations for the Individual
Fishing Quota (IFQ) and Community
Development Quota (CDQ) Programs for
pot gear configurations, pot gear tending
and retrieval requirements, pot limits,
and associated recordkeeping and
reporting requirements. These changes
would increase operational efficiency
and flexibility for IFQ holders and CDQ
groups. Second, this proposed rule
would authorize jig gear as a legal gear
type for harvesting sablefish IFQ and
CDQ, increasing opportunities for entrylevel participants. Third, this proposed
rule would temporarily remove the
Adak community quota entity (CQE)
residency requirement for a period of
five years. These actions are intended to
promote the goals and objectives of the
Northern Pacific Halibut Act of 1982,
the Magnuson-Stevens Fishery
Conservation and Management Act, the
BSAI FMP, GOA FMP, and other
applicable laws.
DATES: Submit comments on or before
December 23, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0092, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0092 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
the Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska
Region NMFS. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the
Environmental Assessment and the
Regulatory Impact Review (herein
E:\FR\FM\23NOP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Proposed Rules]
[Pages 71557-71559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25433]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2012-0107; FF09E21000 FXES11110900000 234]
Endangered and Threatened Wildlife and Plants; Request for New
Information for the North American Wolverine Species Status Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Request for new information.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), notify the
public that we are requesting new information to update the Species
Status Assessment (SSA) for the North American Wolverine (Gulo gulo
luscus) occurring in the contiguous United States to make a final
determination whether to list this species under the Endangered Species
Act of 1973, as amended (Act). As a result of court action, the
wolverine is now proposed for listing as a threatened species under the
Act. The Service is updating the 2018 SSA and will reevaluate whether
the North American wolverine occurring in the contiguous United States
is a distinct population segment and, if so, whether the distinct
population segment meets the definition of an endangered or threatened
species under the Act. We now request new information regarding the
North American wolverine to inform our SSA update and reevaluation
under the Act. As directed by the court, the Service is to make a final
listing determination by the end of November 2023.
DATES: In order to fully consider and incorporate new information, the
Service requests submittal of new information by close of business
December 23, 2022. Information submitted electronically using the
Federal eRulemaking Portal (see ADDRESSES, below) must be received by
11:59 p.m. eastern time on the closing date.
ADDRESSES:
Document availability: You may obtain copies of the 2013 proposed
rule, the 2018 SSA report, and other supporting documents on the
internet at https://ecos.fws.gov/ecp/species/5123 or at https://www.regulations.gov at Docket No. FWS-R6-ES-2012-0107 or by mail or
email from the Region 1 Ecological Services Regional Office (see FOR
FURTHER INFORMATION CONTACT).
Submission of information: You may submit written information by
one of the following methods:
[[Page 71558]]
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov and search for Docket No. FWS-R6-ES-2012-0107.
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R6-ES-2012-0107, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send new information only by the methods
described above. We will post all new information received on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Information Requested
section below for more information).
FOR FURTHER INFORMATION CONTACT: Jodi Bush, Deputy Assistant Regional
Director, Ecological Services, Region 1, U.S. Fish and Wildlife
Service, 911 Northeast 11th Avenue, Portland, Oregon 97232; telephone:
503-231-2256; email: [email protected]. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Species Information
On February 4, 2013, we published a proposed rule to list the
distinct population segment (DPS) of wolverine occurring in the
contiguous United States as a threatened species under the Act, with a
proposed rule under section 4(d) of the Act that outlined the
prohibitions considered necessary and advisable for the conservation of
the wolverine (78 FR 7864; hereafter referred to as the ``2013 proposed
rule''). Please refer to the 2013 proposed rule and the 2018 Species
Status Assessment (SSA) for the North American Wolverine (Gulo gulo
luscus) for information about the wolverine's taxonomy; life history;
requirements for habitat, space, and food; densities; status in Canada
and Alaska; geographic range delineation complexities; distribution;
and habitat relationships and distribution. The SSA report can be found
at https://www.regulations.gov at Docket No. FWS-R6-ES-2016-0106 or
https://ecos.fws.gov/ecp/species/5123.
Previous Federal Actions
Please refer to the 2013 proposed rule for a detailed description
of Federal actions concerning the wolverine prior to 2013. On October
31, 2013 (78 FR 65248), we reopened the comment period on the 2013
proposed rule. On February 5, 2014 (79 FR 6874), we extended our final
determination date and reopened the comment period on the 2013 proposed
rule. On August 13, 2014 (79 FR 47522), we withdrew the 2013 proposed
rule based on our conclusion that the factors affecting the DPS were
not as significant as believed at the time of publication of the
proposed rule. That 2014 withdrawal decision was challenged and
ultimately vacated by court order in 2016 (Defenders of Wildlife v.
Jewell, No. 9:14-cv-00246-DLC, Doc108 (D. Mont. April 4, 2016)).
Following the court's decision, on October 18, 2016 (81 FR 71670), we
reopened a comment period on the 2013 proposed rule.
On October 13, 2020 (85 FR 64618), the Service again withdrew the
2013 proposed rule to list the DPS of the North American wolverine
occurring in the contiguous United States as a threatened species under
the Act. The 2020 withdrawal decision was based on our conclusion that
the factors affecting the species as identified in the 2013 proposed
rule were not as significant as believed at the time of publication of
the proposed rule. We also found that the North American wolverines
occurring in the contiguous United States did not qualify as a DPS.
The Center for Biological Diversity and WildEarth Guardians filed
lawsuits in the District Court for the District of Montana challenging
the Service's 2020 decision to withdraw the proposal to list the North
American wolverine DPS. The cases were consolidated, and the State of
Idaho's motion to intervene was granted. On February 4, 2022, the
Service filed a motion asking the court to voluntarily return (remand)
the 2020 withdrawal decision to the Service to allow the Service to
reevaluate it; the Service also requested that the withdrawal decision
remain in effect pending that reevaluation. On May 26, 2022, the court
granted the Service's request for a voluntary remand of the 2020
withdrawal decision, but the court decided to vacate the withdrawal
decision. Ctr. for Biological Diversity v. Haaland, No. CV 20-181-M-DWM
(D. Mont. May 26, 2022).
Current Situation
The court's action returns the listing process relative to the
wolverine to the proposed rule stage. Therefore, the Service notifies
the public that the February 4, 2013, proposed rule to list the DPS of
wolverine occurring in the contiguous United States as threatened under
the Act (78 FR 7864) has been reinstated. For purposes of consultation
under section 7 of the Act, the wolverine, as of May 26, 2022, is again
a species proposed for listing and subject to conferencing
requirements.
Next Steps
We will be updating the SSA for the North American wolverine to
include any new information not available as of the report published on
March 1, 2018. We will use the updated SSA as the scientific foundation
to aid in our reevaluation of whether the DPS is valid pursuant to our
1996 DPS policy (61 FR 4722), and if so, whether the DPS meets the
definition of an endangered or threatened species under the Act, or
whether the species is not warranted for listing. Per the court order,
the Service is to make a final listing determination within 18 months
of the court's judgment, i.e., on or before November 27, 2023. Any
listing determination we make must be made based on the best available
information. We invite the public to provide new information that has
become available since the March 1, 2018, publication of the SSA to
inform our final determination regarding the North American wolverine.
Information Requested
We are seeking information that has become available since March 1,
2018, regarding the wolverine. We will consider information from all
interested parties. We are particularly interested in specific
information concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to wolverine, and regulations that may be
addressing those threats.
(2) the historical and current status, range, distribution, and
population size of this species, including the locations of additional
populations of wolverine.
(3) the biological or ecological requirements for wolverine, as
well as ongoing conservation measures or efforts for the species and
its habitat.
(4) Current or planned activities in the areas occupied by
wolverine and possible impacts of these activities on this species.
(5) the amount and distribution of wolverine habitat, including den
sites.
(6) the impacts of small population size and genetic diversity on
the wolverine.
(7) the projected and reasonably likely impacts of climate change
on the wolverine and its habitat, including the
[[Page 71559]]
loss of snowpack and impacts to wolverine denning habitat.
(8) population connectivity between Canada and the lower 48
contiguous States of the United States and information on differences
in regulations governing wolverine management, or wolverine
conservation status, in Canada and the lower 48 contiguous States.
Please note that we are not requesting any additional public
comments on the proposed listing rule published in 2013 (78 FR 7864).
Instead, we are seeking only new information to update the SSA for the
North American wolverine that was published on March 1, 2018. If you
submitted comments or information on the proposed rule (78 FR 7864)
during the initial comment periods from February 4, 2013, to May 6,
2013, from October 31, 2013, to December 2, 2013, from February 5,
2014, to May 6, 2014, or from October 18, 2016, to November 17, 2016,
please do not resubmit them. Any such comments have been incorporated
as part of the public record of the proposed rule, and we will fully
consider them in the preparation of our final determination. Our final
determination will take into consideration all written comments and any
additional information we received during all comment periods or in
response to this document. Our final determination may again be a
withdrawal of the 2013 proposed rule; it may be a determination to
finalize the 2013 proposed rule; or our final listing determination may
differ from the proposed rule. If, after considering all new
information, we reaffirm that the wolverine DPS is a listable entity
and that it meets the definition of a threatened or endangered species
under section 4 of the Act, we may decide it is appropriate to
repropose the species for listing. At that time, we would provide an
opportunity for public comment on an updated proposed rule.
You may submit new information concerning the update to the status
assessment by one of the methods listed in ADDRESSES. We request that
you send information only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. We will post all hardcopy submissions on
https://www.regulations.gov as well. If you submit a hardcopy of new
information that includes personal identifying information, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so.
Information and materials we receive will be available for public
inspection on https://www.regulations.gov at Docket No. FWS-R6-ES-2012-
0107. You may obtain copies of the proposed rule and the SSA for the
North American Wolverine (Gulo gulo luscus) on the internet at https://www.regulations.gov at Docket No. FWS-R6-ES-2012-0107 and https://ecos.fws.gov/ecp/species/5123 or by mail or email from the Region 1
Ecological Services Regional Office (see FOR FURTHER INFORMATION
CONTACT). Please note that the 2012 docket has documents and other
information related to the proposed rule, as well as the comments
received and the proposed rule itself, and is also the correct docket
for submission of information in response to this document.
Authors
The primary authors of this document are staff members of the
Species Assessment Team, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-25433 Filed 11-22-22; 8:45 am]
BILLING CODE 4333-15-P
