[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Proposed Rules]
[Pages 19567-19568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9642]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition to List as Endangered or Threatened the Contiguous United 
States Population of the North American Wolverine

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to add the contiguous United States 
population of the North American wolverine (Gulo gulo luscus) to the 
List of Threatened and Endangered Species. The Service finds the 
petition did not present substantial information indicating that 
listing the wolverine in the contiguous United States may be warranted.

DATES: The finding announced in this document was made on March 31, 
1995.

ADDRESSES: Data, information, comments, or questions concerning this 
petition should be submitted to the Field Supervisor, U.S. Fish and 
Wildlife Service, 100 North Park Avenue, Suite 320, Helena, Montana 
59601. The petition, finding, and additional information are available 
for public inspection, by appointment, during normal business hours at 
the above address.

FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Field Supervisor (see 
ADDRESSES section) (telephone 406/449-5225).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that the Service make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information to 
demonstrate that the petitioned act may be warranted. This finding is 
to be based on all information available to the Service at the time the 
finding is made. To the maximum extent practicable, this finding is to 
be made within 90 days of the date the petition was received, and a 
notice regarding the finding is to be published promptly in the Federal 
Register. This notice meets the latter requirement for the petition 
discussed below.
    The Service has made a 90-day finding on a petition to list the 
North American wolverine (Gulo gulo luscus) in the contiguous United 
States. The petition, dated August 3, 1994, was submitted by the 
Biodiversity Legal Foundation, Boulder, Colorado, and the Predator 
Project, Bozeman, Montana, and was received by the Service on August 8, 
1994. The petitioners requested that wolverine populations across their 
entire known historic range in the 48 contiguous United States be 
listed as threatened or endangered.
    The wolverine has a holarctic distribution. Historically, in North 
America, wolverines occurred in the boreal forests throughout Alaska 
and Canada with the southern protion of the range extending into the 
contiguous United States (Has 1987). The petitioners provided 
information (e.g., Wilson 1982; Hash 1987) suggesting that wolverines 
historically occupied an extensive range in the contiguous United 
States, including Arizona, California, Colorado, Idaho, Indiana, Iowa, 
Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, 
New Mexico, New York, North Dakota, Oregon, Ohio, Pennsylvania, South 
Dakota, Utah, Vermont, Washington, Wisconsin, and Wyoming; and that it 
has been extirpated from all but 10 of these States.
    In making a finding as to whether a petition presents substantial 
commercial or scientific information indicating that the petitioned 
action may be warranted, the Service must consider whether the petition 
contains detailed narrative justification for the petitioned measure, 
describing past and present numbers and distribution of the species. 
Information regarding the status of the species over all or a 
significant portion [[Page 19568]] of its range also is examined. 
Moreover, the Service must determine if the information presented in 
the petition and available in its files definitely documents threats 
under the following five listing factors: (1) Destruction, 
modification, or curtailment of habitat or range; (2) overutilization 
for commercial, recreational, scientific, or educational purposes; (3) 
disease or predation; (4) inadequacy of existing regulatory mechanisms; 
and (5) other man-made or natural factors affecting its continued 
existence.
    For most States, particularly those east of the Rocky Mountains, 
the petitioners only cited historic reports of wolverines to support 
their delineation of wolverine distribution in the contiguous United 
States. The petition provided no information to confirm the accuracy of 
these historic reports. The petition presented no empirical data to 
assist the Service in assessing the historic or present population 
status of wolverines in those States where it possibly occurs or 
throughout the historic range suggested by the petitioners. 
Additionally, the petition contained little documentation of threats to 
the wolverine over all or a significant portion of its contiguous 
United States range. No substantiating data was provided to demonstrate 
that the asserted threats had resulted in a significant decline in 
wolverine numbers.
    The Service reviewed the petition and the included information, as 
well as other information available in the Service's files. The Service 
has concluded that neither the petition nor the information available 
in the Service's files contained substantial information to indicate 
that listing of the wolverine as threatened or endangered in the 
contiguous United States may be warranted.
    The Service will continue to accept information on Gulo gulo luscus 
and Gulo gulo lutenus through the status review initiated in the 
September 18, 1985, Animal Notice of Review (50 FR 37958). Both 
subspecies will remain as category 2 candidates in the States shown in 
the November 15, 1994, Animal Notice of Review (59 FR 58982).

References Cited

Hash, H.S. 1987. Wolverine. In M. Novak, J.A. Baker, M.E. Obbard, 
and B. Malloch (eds.) Wild furbearer management and conservation in 
North America. Ontario Trappers Assoc., North Bay. pp. 575-584.
Wilson, D.E. 1982. Wolverine. in J.A. Chapman and G.A. Feldhamer 
(eds.) Wild mammals of North America. Johns Hopkins Univ. Press, 
Baltimore, MD. pp. 644-652.

    The Service's 90-day finding contains more detailed information 
regarding the above decision. A copy may be obtained from the Field 
Supervisor (see ADDRESSES section).

Author

    This document was prepared by Lori H. Nordstrom (see ADDRESSES 
section).

Authority

    The authority for this action is the Endangered Species Act, as 
amended (16 U.S.C. 1531-1544).

List of Subjects in 50 CFR Part 17

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

    Dated: March 31, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-9642 Filed 4-18-95; 8:45 am]
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