[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Rules and Regulations]
[Pages 25590-25592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10860]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2011-0032; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX81


Endangered and Threatened Wildlife and Plants; Reissuance of 
Final Rule To Identify the Northern Rocky Mountain Population of Gray 
Wolf as a Distinct Population Segment and To Revise the List of 
Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: On April 15, 2011, President Obama signed the Department of 
Defense and Full-Year Appropriations Act, 2011. A section of that 
Appropriations Act directs the Secretary of the Interior to reissue 
within 60 days of enactment the final rule published on April 2, 2009, 
that identified the Northern Rocky Mountain population of gray wolf 
(Canis lupus) as a distinct population segment (DPS) and to revise the 
List of Endangered and Threatened Wildlife by removing most of the gray 
wolves in the DPS. This rule complies with that directive.

DATES: This action is effective May 5, 2011.

ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. It will also be available for inspection, by 
appointment, during normal business hours at U.S. Fish and Wildlife 
Service, Montana Ecological Services Field Office, 585 Shepard Way, 
Helena, MT 59601; telephone (406) 449-5225.

FOR FURTHER INFORMATION CONTACT: For information on wolves in the 
northern Rocky Mountains, see http://www.fws.gov/mountain-prairie/species/mammals/wolf/, or contact U.S. Fish and Wildlife Service, 
Montana Ecological Services Field Office (see ADDRESSES) or telephone 
(406) 449-5225. Individuals who are hearing-impaired or speech-impaired 
may call the Federal Relay Service at 1-800-877-8337 for TTY 
assistance.

SUPPLEMENTARY INFORMATION: 

[[Page 25591]]

Background

    On April 2, 2009, we, the U.S. Fish and Wildlife Service (Service), 
published a final rule to remove protections of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.), from most of the 
concurrently designated northern Rocky Mountain (NRM) gray wolf 
Distinct Population Segment (DPS) (74 FR 15123). Additional background 
information on the NRM gray wolf population, including previous Federal 
actions, can be found in our April 2, 2009, final rule. The complete 
text of the April 2, 2009, publication in the Federal Register can be 
viewed online as part of the docket for this rulemaking at http://www.regulations.gov.
    Lawsuits challenging our April 2, 2009, final rule were filed in 
U.S. District Court for the District of Montana and U.S. District Court 
for the District of Wyoming. On August 5, 2010, the U.S. District Court 
for the District of Montana vacated and set aside our 2009 delisting 
rule (Defenders of Wildlife et al. v. Salazar et al., (729 F. Supp. 2d 
1207 (D. Mont.).
    On April 15, 2011, President Obama signed Public Law 112-10--The 
Department of Defense and Full-Year Continuing Appropriations Act, 
2011. Section 1713 of Public Law 112-10 requires: ``Before the end of 
the 60-day period beginning on the date of enactment of this Act, the 
Secretary of the Interior shall reissue the final rule published on 
April 2, 2009 (74 FR 15123 et seq.), without regard to any other 
provision of statute or regulation that applies to issuance of such 
rule. Such reissuance (including this section) shall not be subject to 
judicial review and shall not abrogate or otherwise have any effect on 
the order and judgment issued by the United States District Court for 
the District of Wyoming in Case Number 09-CV-118J and 09-CV-138J on 
November 18, 2010.''
    This final rule implements that directive. The regulatory text of 
this final rule differs from that of the April 2, 2009, final 
regulation only to reflect the withdrawal of the April 2, 2009, 
delisting of the western Great Lakes distinct population segment of 
gray wolves (74 FR 15070) pursuant to terms of a settlement agreement 
approved by the District Court for the District of Columbia in Humane 
Society of the United States v. Salazar, 1:09-CV-1092-PLF (D.DC), on 
July 1, 2009. The preamble to the 2009 final NRM rule was explicit that 
the regulatory language pertaining to the western Great Lakes DPS was 
not attributable to the NRM rule:

    ``Elsewhere in today's Federal Register, we also identify the 
Western Great Lakes (WGL) DPS and removed the gray wolves in that 
DPS from the List of Endangered and Threatened Wildlife. As the 
Service is taking these regulatory actions with respect to the NRM 
DPS and WGL DPS at the same time, this final rule includes 
regulatory revisions under Sec.  17.11(h) that reflect the removal 
of the protections of the Act for both the WGL DPS and most of the 
NRM DPS, and reflect that gray wolves in Wyoming, an SPR of the NRM 
DPS range, continue to be listed as an experimental population. 
However, only that portion of the revised gray wolf listing in Sec.  
17.11(h) that pertains to the NRM DPS is attributable to this final 
rule.'' [74 FR at 15184]

 Effects of the Rule

    Gray wolves in Montana and Idaho, as well as portions of eastern 
Oregon, eastern Washington, and north-central Utah, are removed from 
the List of Endangered and Threatened Wildlife. Gray wolves in Wyoming 
remain on the List of Endangered and Threatened Wildlife and continue 
to be subject to the provisions of our experimental population 
regulations codified at 50 CFR 17.84(i) and (n).
    Outside Wyoming, this rule will not affect the status of the gray 
wolf in the NRM under State laws or suspend any other legal protections 
provided by State law. This rule will not affect the gray wolf's 
Appendix II status under the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES).

Concurrent Proposed Rule

    In the Proposed Rules section of today's Federal Register, we are 
also publishing a proposed rule that reevaluates the listing of the 
western Great Lakes population of gray wolves (Canis lupus) and 
proposes to revise it to conform to current statutory and policy 
requirements. The rule portions for 50 CFR 17.11(h) of this final rule 
and the proposed western Great Lakes rule are different because the 
final rule depicts the listing for the gray wolf as it stands today, 
based on the long history of rulemaking for this species, various 
judicial decisions, and the recent congressional action. The rule 
portion of the western Great Lakes rule reflects the listing for the 
gray wolf as we envision it should be unless public comments on the 
proposed rule provide information that persuades us that the listing 
should be presented differently.

Effective Date

    This rule is effective upon publication in the Federal Register. 
Section 1713 of Public Law 112-10, directs us to reissue, within 60 
days of enactment, the final NRM rule published on April 2, 2009. 
Section 1713 also expressly provides that such reissuance is not 
subject to any other statute or regulation that applies to such a rule.

Administrative Procedure

    This rulemaking implements section 1713 of Public Law 112-10, which 
expressly provides that the reissuance of this rule is not subject to 
any other provision of statute or regulation that applies to issuance 
of such a rule.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the CFR, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.


0
2. Amend Sec.  17.11(h) by revising the entry for ``Wolf, gray'' under 
MAMMALS in the List of Endangered and Threatened Wildlife to read as 
follows:


Sec.  17.11  [Amended]

* * * * *
    (h) * * *

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                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range        endangered or         Status     When listed    habitat       rules
           Common name                Scientific name                              threatened
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             Mammals
 

[[Page 25592]]

 
                                                                      * * * * * * *
Wolf, gray.......................  Canis lupus.........  Holarctic..........  U.S.A., conterminous  E                1, 6, 13,     17.95(a)          N/A
                                                                               (lower 48) States,                       15, 35
                                                                               except: (1) Where
                                                                               listed as an
                                                                               experimental
                                                                               population below;
                                                                               (2) Minnesota; (3)
                                                                               MT, ID, WY
                                                                               (however, see
                                                                               experimental
                                                                               population
                                                                               designation below),
                                                                               eastern WA (that
                                                                               portion of WA east
                                                                               of the centerline
                                                                               of Highway 97 and
                                                                               Highway 17 north of
                                                                               Mesa and that
                                                                               portion of WA east
                                                                               of the centerline
                                                                               of Highway 395
                                                                               south of Mesa),
                                                                               eastern OR (portion
                                                                               of OR east of the
                                                                               centerline of
                                                                               Highway 395 and
                                                                               Highway 78 north of
                                                                               Burns Junction and
                                                                               that portion of OR
                                                                               east of the
                                                                               centerline of
                                                                               Highway 95 south of
                                                                               Burns Junction),
                                                                               and north central
                                                                               UT (that portion of
                                                                               UT east of the
                                                                               centerline of
                                                                               Highway 84 and
                                                                               north of Highway
                                                                               80). Mexico.
    Do...........................  ......do............  ......do...........  U.S.A. (MN).........  T                       35     17.95(a)     17.40(d)
    Do...........................  ......do............  ......do...........  U.S.A. (portions of   XN                     631          N/A     17.84(k)
                                                                               AZ, NM, and TX--see
                                                                               Sec.   17.84(k)).
Wolf, gray [Northern Rocky         Canis lupus.........  U.S.A. (MT, ID, WY,  U.S.A. (WY--see Sec.  XN                561, 562          N/A     17.84(i)
 Mountain DPS].                                           eastern WA,            17.84(i) and (n)).                                             17.84(n)
                                                          eastern OR, and
                                                          north central UT).
 
                                                                      * * * * * * *
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0
3. Amend Sec.  17.84 by:
0
a. Revising paragraphs (i)(7)(i) and (ii) and removing paragraph 
(i)(7)(iii);
0
b. Revising the first sentence of paragraph (n)(1); and
0
c. Revising paragraphs (n)(9)(1) and (ii) and removing paragraph 
(n)(9)(iii).
    The revisions read as follows:


Sec.  17.84  Special rules--vertebrates.

* * * * *
    (i) * * *
    (7) * * *
    (i) The nonessential experimental population area includes all of 
Wyoming.
    (ii) All wolves found in the wild within the boundaries of this 
paragraph (i)(7) will be considered nonessential experimental animals. 
In the conterminous United States, a wolf that is outside an 
experimental area (as defined in paragraph (i)(7) of this section) 
would take on the status for wolves in the area in which it is found 
unless it is marked or otherwise known to be an experimental animal; 
such a wolf may be captured for examination and genetic testing by the 
Service or Service-designated agency. Disposition of the captured 
animal may take any of the following courses:
    (A) If the animal was not involved in conflicts with humans and is 
determined likely to be an experimental wolf, it may be returned to the 
reintroduction area.
    (B) If the animal is determined likely to be an experimental wolf 
and was involved in conflicts with humans as identified in the 
management plan for the closest experimental area, it may be relocated, 
placed in captivity, or killed.
    (C) If the animal is determined not likely to be an experimental 
animal, it will be managed according to any Service-approved plans for 
that area or will be marked and released near its point of capture.
    (D) If the animal is determined not to be a wild gray wolf or if 
the Service or agencies designated by the Service determine the animal 
shows physical or behavioral evidence of hybridization with other 
canids, such as domestic dogs or coyotes, or of being an animal raised 
in captivity, it may be returned to captivity or killed.
* * * * *
    (n) * * *
    (1) The gray wolves (wolf) identified in paragraph (n)(9)(i) of 
this section are a nonessential experimental population. * * *
* * * * *
    (9) * * *
    (i) The nonessential experimental population area includes all of 
Wyoming.
    (ii) All wolves found in the wild within the boundaries of this 
experimental area are considered nonessential experimental animals.
* * * * *

    Dated: April 26, 2011.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-10860 Filed 5-4-11; 8:45 am]
BILLING CODE 4310-55-P