Endangered and Threatened Wildlife and Plants; Reinstatement of Endangered Species Act Protections for the Gray Wolf (Canis Lupus) in Compliance With Court Order, 75506-75512 [2023-24299]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75506-75512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24299]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2018-0097; FF09E22000 FXES1113090FEDR 223]
RIN 1018-BD60


Endangered and Threatened Wildlife and Plants; Reinstatement of 
Endangered Species Act Protections for the Gray Wolf (Canis Lupus) in 
Compliance With Court Order

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing 
this final rule to comply with a district court order that vacated our 
November 3, 2020, rule removing the gray wolf (Canis lupus) from the 
List of Endangered and Threatened Wildlife. As a result of the court's 
order, the regulatory protections under the Endangered Species Act of 
1973, as amended (Act), apply to the gray wolf in all or portions of 
the 45 U.S. States and Mexico where the species was listed at the time 
we issued the delisting rule. The court order went into effect on 
February 10, 2022, and is the subject of several consolidated, pending 
appeals in the Ninth Circuit. While those appeals are pending, the 
Service is bound by the district court's order. Thus, this final rule 
implements the court's order by correcting the Code of Federal 
Regulations and officially reinstating threatened status for gray wolf 
in Minnesota; endangered status for gray wolf in all or portions of the 
remaining 44 U.S. States and Mexico where the species was listed prior 
to our November 2020 delisting rule; critical habitat for gray wolf in 
Minnesota and Michigan; and the rule promulgated under section 4(d) of 
the Act for gray wolf in Minnesota. Gray wolves in Montana, Idaho, 
Wyoming, the eastern third of Washington and Oregon, and north-central 
Utah (collectively, the Northern Rocky Mountains) retain their delisted 
status and are not affected by this final rule. This rule does not have 
any effect on the separate listing of the Mexican wolf subspecies 
(Canis lupus baileyi) as endangered under the Act.

DATES: This action is effective November 3, 2023. However, the court 
order had legal effect immediately upon its filing on February 10, 
2022.

ADDRESSES: This final rule is available on the internet at https://www.regulations.gov in Docket No. FWS-HQ-ES-2018-0097.

FOR FURTHER INFORMATION CONTACT: Rachel London, Chief, Branch of 
Delisting and Foreign Species, Ecological Services, U.S. Fish and 
Wildlife Service, Headquarters Office, MS:ES, 5275, Leesburg Pike, 
Falls Church, VA 22041-3803; telephone (703) 358-2491. 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

    On November 3, 2020, we published a final rule to remove the gray 
wolf entities that were listed at that time in the lower 48 United 
States and Mexico from the Federal List of Endangered and Threatened 
Wildlife in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.11(h) (85 FR 69778; hereafter referred to as ``our 2020 delisting 
rule''). Additional background information on the gray wolf in the 
lower 48 United States and Mexico and on that rulemaking decision, 
including previous Federal actions, can be found in our 2020 delisting 
rule. The rule became effective on January 4, 2021.
    Three lawsuits challenging our 2020 delisting rule were filed in 
the U.S. District Court for the Northern District of California. 
Defenders of Wildlife v. U.S. Fish and Wildlife Service, No. 21-00344 
(N.D. Cal.), WildEarth Guardians v. Bernhardt, No. 21-00349 (N.D. 
Cal.), NRDC v. U.S. Department of the Interior, No. 21-00561 (N.D. 
Cal.). On February 10, 2022, the district court vacated and remanded 
our 2020

[[Page 75507]]

delisting rule. That decision reinstated Federal protections that were 
in place prior to the effective date of our 2020 delisting rule. 
Therefore, gray wolves are once again listed as threatened in Minnesota 
and endangered in all or portions of 44 U.S. States and Mexico. See 
Effects of the Rule, below, for a description of the CFR changes 
resulting from this final rule.
    Multiple parties, including the Service, appealed the district 
court's order to the U.S. Court of Appeals for the Ninth Circuit (Nos. 
21-16382, 16383, 16384, 22-15529, 15532, 15534, 15535, 15536, 15537, 
15262, 15627, 15628). The parties have been engaged in mediation. On 
January 26, 2023, the Circuit Mediator issued an order temporarily 
staying the appeals for administrative purposes until February 2, 2024. 
During the abeyance, the Service is updating the status review for the 
gray wolf throughout the lower 48 United States and commencing a 
stakeholder engagement effort.

Administrative Procedure

    To comply with the February 10, 2022, court order, we must 
reinstate the following:
     Threatened species status for gray wolf in Minnesota,
     Endangered species status for gray wolf in all or portions 
of 44 U.S. States and Mexico,
     Critical habitat designation for gray wolf in Minnesota 
and Michigan, and
     A section 4(d) rule for gray wolf 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. The Director has further determined, 
pursuant to 5 U.S.C. 553(d), that the agency has good cause to make 
this rule effective upon publication.
    We are also making the following technical revisions to the section 
4(d) rule at 50 CFR 17.40(d):
    (1) correcting the misspelling of ``Hoodoo Point'' in Sec.  
17.40(d)(1)(i);
    (2) correcting the misspelling of ``the Duluth, Missabe and Iron 
Range Railroad'' in Sec.  17.40(d)(1)(ii);
    (3) substituting a higher quality image of the map of regulatory 
zones that appears in Sec.  17.40(d)(1)(vi); and
    (4) updating the contact information for providing notifications to 
the Service in Sec.  17.40(d)(2)(D).
    Rather than make these changes in a separate rulemaking, we are 
combining them with the section 4(d) rule reinstatement for 
administrative convenience. The Director has determined, pursuant to 5 
U.S.C. 553(b), that prior notice and an opportunity for public comment 
on these revisions are unnecessary because the changes are 
insignificant in nature and impact and inconsequential to the public.

Effects of the Rule

    As a result of the February 10, 2022, district court order, any and 
all gray wolves in Minnesota are listed as threatened, and any and all 
gray wolves in all or portions of 44 U.S. States and Mexico are listed 
as endangered. In the United States, this includes: all of Alabama, 
Arkansas, California, Colorado, Connecticut, Delaware, Florida, 
Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Massachusetts, Maryland, Maine, Michigan, Missouri, Mississippi, North 
Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, Nevada, 
New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, 
South Dakota, Tennessee, Texas, Virginia, Vermont, West Virginia, and 
Wisconsin; and portions of Arizona, New Mexico, Oregon, Utah, and 
Washington (as depicted in figure 1 below and our November 3, 2020, 
delisting rule; 85 FR 69778 at 69782).
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[[Page 75508]]

[GRAPHIC] [TIFF OMITTED] TR03NO23.034

BILLING CODE 4333-15-C
    The reinstated regulations at 50 CFR 17.95(a) designate critical 
habitat for gray wolf in Minnesota and Michigan, and the reinstated 
regulations at 50 CFR 17.40(d) govern the regulation of gray wolf in 
Minnesota. The provisions of these regulations are the same as those in 
the regulations that were removed by our 2020 delisting rule (November 
3, 2020; 85 FR 69778 at 69895).
    This rule does not affect the status of gray wolf in Montana, 
Idaho, Wyoming, 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 and Tribes. Finally, 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).

Future Actions

    By February 2, 2024, the Service intends to submit to the Office of 
the Federal Register a proposed rule concerning the listing status of 
gray wolves in the lower 48 United States under the Act. Our status 
determination will be based on the best available information as of the 
time of publication. If the appeals described earlier in this document 
nonetheless proceed and the district court's order is reversed, then 
the Service will take appropriate action to comply with and implement 
the Court of Appeals' judgment, including, if required, publishing 
another final rule reinstating the Service's 2020 delisting rule.

Authors

    The primary authors of this final rule are the staff members of the 
U.S. Fish and Wildlife Service's Headquarters Office.

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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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. Amend Sec.  17.11, in paragraph (h), by adding two entries for 
``Wolf, gray'' in alphabetic order under Mammals in the List of 
Endangered and Threatened Wildlife to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 75509]]



----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
          Common name             Scientific name        Where listed          Status        applicable rules
----------------------------------------------------------------------------------------------------------------
                                                     Mammals
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Wolf, gray.....................  Canis lupus......  U.S.A.: All of AL, AR,  E             32 FR 4001, 3/11/1967;
                                                     CA, CO, CT, DE, FL,                  41 FR 24062, 6/14/
                                                     GA, IA, IN, IL, KS,                   1976;
                                                     KY, LA, MA, MD, ME,                  43 FR 9607, 3/9/1978;
                                                     MI, MO, MS, NC, ND,                  73 FR 75356, 12/11/
                                                     NE, NH, NJ, NV, NY,                   2008;
                                                     OH, OK, PA, RI, SC,                  74 FR 47483, 9/16/
                                                     SD, TN, TX, VA, VT,                   2009;
                                                     WI, and WV; and                      80 FR 9218, 2/20/2015;
                                                     portions of AZ, NM,                  50 CFR 17.95(a).\CH\
                                                     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 UT (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......  U.S.A. (MN)...........  T             43 FR 9607, 3/9/1978;
                                                                                          50 CFR 17.40(d);\4(d)\
                                                                                          50 CFR 17.95(a).\CH\
 
                                                  * * * * * * *
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0
3. Amend Sec.  17.40 by adding paragraph (d) to read as follows:


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 Hoodoo 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

[[Page 75510]]

Forest Road 122; thence in a westerly direction along Forest Road 122 
to the junction with the Duluth, Missabe 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 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:
BILLING CODE 4333-15-P

[[Page 75511]]

[GRAPHIC] [TIFF OMITTED] TR03NO23.035

BILLING CODE 4333-15-C
    (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

[[Page 75512]]

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 by email to the Twin 
Cities Ecological Service Field Office at [email protected] 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, 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.  17.95, in paragraph (a), by adding an entry for ``Gray 
Wolf (Canis lupus)'' after the entry for ``Amargosa Vole (Microtus 
californicus scirpensis)'' to read as follows:


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 50 CFR 17.40(d)(l).
* * * * *

Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-24299 Filed 11-2-23; 8:45 am]
BILLING CODE 4333-15-P