[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Proposed Rules]
[Pages 61770-61775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21344]
[[Page 61770]]
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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 on
Petitions to Establish the Northern Rocky Mountain Distinct Population
Segment of Gray Wolf (Canis lupus) and to Remove the Gray Wolf in the
Northern Rocky Mountain Distinct Population Segment from the List of
Endangered and Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of a 90-day petition finding and initiation of a status
review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (USFWS), announce a 90-
day finding for two petitions--(1) the first that sought removal of the
gray wolf from the designation of endangered under the Endangered
Species Act of 1973, as amended (ESA); and (2) the second that
requested to establish the northern Rocky Mountain Distinct Population
Segment (Rocky Mountain DPS) of gray wolf (Canis lupus) and to remove
the gray wolf in the northern Rocky Mountain DPS from the Federal list
of threatened and endangered species, pursuant to the ESA. Although
only one of these petitions presented substantial information, we have
considered the collective weight of evidence indicating that the
northern Rocky Mountain population of gray wolves may qualify as a DPS
and that delisting may be warranted. We are initiating a status review
to determine if delisting the species is warranted. To ensure that the
review is comprehensive, we are soliciting information and data
regarding this species.
DATES: The finding announced in this document was made on October 17,
2005. To be considered in the 12-month finding for this petitioned
action, data, information, and comments should be submitted to us by
December 27, 2005.
ADDRESSES: Data, information, written comments and materials, or
questions concerning these petitions and this finding should be
submitted to the U.S. Fish and Wildlife Service, Western Gray Wolf
Recovery Coordinator, 100 N. Park, Suite 320, Helena, Montana 59601.
Comments on this finding also may be sent by electronic mail to
[email protected]. The petition finding, supporting information,
and comments are available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Ed Bangs, Western Gray Wolf Recovery
Coordinator, at telephone number 406-449-5225, extension 204.
SUPPLEMENTARY INFORMATION:
Background
Historically, wolves (Canis lupus) occupied all of the conterminous
United States, except for arid deserts and mountaintops of the western
United States and portions of the eastern and southeastern United
States (Youngman and Goldman 1944; Hall 1981; Mech 1974; Nowak 2000).
The gray wolf was eliminated from Montana, Idaho, and Wyoming by the
1930s (Young and Goldman 1944). Thereafter, only isolated observations
of individuals and non-breeding pairs were reported in the area. In
1974, the USFWS listed the eastern timber wolf (C. l. lycaon) as
threatened in Minnesota and the northern Rocky Mountain wolf (C. l.
irremotus) as endangered in Montana and Wyoming under the ESA (16
U.S.C. 1531 et seq.) (U.S. Department of the Interior 1974; 39 FR 1171,
January 4, 1974). To eliminate problems with listing separate
subspecies of the gray wolf whose taxonomy was contentious, and
identifying relatively narrow geographic areas in which those
subspecies were protected, on March 9, 1978, we published a rule (43 FR
9607) relisting the gray wolf at the species level (C. lupus) as
endangered throughout the conterminous 48 States and Mexico, except for
Minnesota, where the gray wolf was reclassified as threatened. In 1995
and 1996, we reintroduced wolves from western Canada to remote public
lands in central Idaho and Yellowstone National Park (Bangs and Fritts
1996; Fritts et al. 1997; Bangs et al. 1998). Prior to this
reintroduction of wolves, we determined that a few lone individual
wolves but no packs remained in Idaho, Wyoming, and Washington. By the
end of 2004, there were an estimated 835 wolves in 110 packs in the
United States northern Rocky Mountains (USFWS et al. 2005). Sixty-six
of these packs met our definition of a ``breeding pair'' (i.e., an
adult male and an adult female that raise at least 2 pups until
December 31 of the year of their birth) (USFWS et al. 1994; USFWS et
al. 2005; 68 FR 15817, April 1, 2003). As noted in the 2003, 2004, and
2005 Rocky Mountain Wolf Recovery Annual Reports, the USFWS will
propose delisting (removal from protection under the ESA) once all
provisions required for delisting are met, including adequate
regulatory mechanisms in the form of State laws and wolf management
plans that would reasonably assure that the gray wolf would not become
threatened or endangered again.
On April 1, 2003, we published a final rule revising the listing
status of the gray wolf across most of the conterminous United States
from endangered to threatened (68 FR 15804). On January 31, 2005, and
August 19, 2005, the U.S. District Courts in Oregon and Vermont,
respectively, concluded that the 2003 final rule was ``arbitrary and
capricious'' and violated the ESA (National Wildlife Federation v.
Norton, 1:03-CV-340, D. VT. 2005; Defenders of Wildlife v. Norton, 03-
1348-JO, D. OR 2005). The Courts' rulings invalidated the April 2003
changes to the ESA listing for the gray wolf (National Wildlife
Federation v. Norton; Defenders of Wildlife v. Norton). Therefore, the
USFWS currently considers the classification of the gray wolf in the
Rocky Mountains outside of areas designated as nonessential
experimental populations to have reverted back to the endangered status
that existed prior to the 2003 reclassification.
On October 30, 2001, we received a petition dated October 5, 2001,
from the Friends of the Northern Yellowstone Elk Herd, Inc., (hereafter
referred to as the Friends Petition) that sought removal of the gray
wolf from the designation of endangered under the ESA (Karl Knuchel,
P.C., A Professional Corporation Attorneys at Law in litt. 2001a). On
November 16, 2001, we sent a letter to the attorney representing this
group acknowledging the petition and requested clarification on several
issues (T. J. Miller, USFWS, in litt. 2001). Additional correspondence
in late 2001 provided clarification of their intent that the petition
only apply to the Montana, Wyoming, and Idaho population and that the
petition request full delisting of this population (Knuchel in litt.
2001b). In January 2002, this petition was assigned to Region 6 of the
USFWS for processing (T. J. Miller in litt. 2002). Since 2002, the
USFWS has focused its limited wolf recovery funding and staff resources
toward authoring regulations and reclassification proposals, including
the completion of the 2003 downlisting rule discussed above; assisting
the Department of Justice in litigation; preparation of administrative
records; wolf recovery and management; responding to correspondence and
Freedom of Information Act requests (5 U.S.C. 552, as amended by Pub.
L. 104-231, 110 Stat. 3048); and other administrative and legal
mandates.
On July 19, 2005, we received a petition dated July 13, 2005, from
the
[[Page 61771]]
Office of the Governor, State of Wyoming and the Wyoming Game and Fish
Commission (hereafter referred to as the Wyoming Petition) to revise
the listing status for the gray wolf (Canis lupus) by establishing the
northern Rocky Mountain DPS and to concurrently remove the gray wolf in
the northern Rocky Mountain DPS from the Federal list of threatened and
endangered species (Dave Freudenthal, Office of the Governor, State of
Wyoming, in litt. 2005). On August 17, 2005, we provided a written
response to the petitioner explaining our intention to complete a 90-
day finding on this petition as soon as possible (Ralph Morgenweck,
USFWS , in litt. 2005).
Section 4(b)(3)(A) of the ESA requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. ``Substantial information'' is
defined in 50 CFR 424.14(b) as ``that amount of information that would
lead a reasonable person to believe that the measure proposed in the
petition may be warranted.'' Petitioners need not prove that the
petitioned action is warranted to support a ``substantial'' finding;
instead, the key consideration in evaluating a petition for
substantiality involves demonstration of the reliability and adequacy
of the scientific and commercial information supporting the action
advocated by the petition. We do not conduct additional scientific and
commercial research at this point, nor do we subject the petition to
rigorous critical review regarding the delisting factors. If we find
substantial scientific and commercial information exists to support the
petitioned action, we are required to promptly commence a status review
of the species (50 CFR 424.14). To the maximum extent practicable, this
finding is to be made within 90 days of receipt of the petition, and
the finding is to be published promptly in the Federal Register.
Species Information
For detailed information on this species see the April 1, 2003,
``Final rule to reclassify and remove the gray wolf from the list of
endangered and threatened wildlife in portions of the conterminous
United States'' (68 FR 15804). Additional information, including weekly
gray wolf recovery status reports and the Rocky Mountain Wolf Recovery
2005 Annual Report, are available online at http://westerngraywolf.fws.gov/.
Discussion of Information Presented by the Petitions and Readily
Available in our Files
The Friends Petition identified the organization requesting
delisting, noted that the gray wolf was protected under the ESA, and
requested removal of the species from the protections of the ESA. This
two-page petition noted ``that substantial scientific and commercial
information exists that supports the request,'' but failed to elaborate
on this claim. The Friends Petition did not discuss--(1) whether the
northern Rocky Mountain gray wolf population constitutes a ``listable
entity'' under the ESA (i.e., a species, a subspecies, or a Distinct
Population Segment (61 FR 4722, February 7, 1996)), or (2) any of the
five factors considered in delisting actions outlined in section
4(a)(1) of the ESA. While the Friends Petition provided a collection of
``exhibits'' in support of its request, the petition failed to present
a case for delisting that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted. Therefore,
the remainder of this finding focuses on the assertions of the Wyoming
Petition. Below we respond to each of the major assertions made in the
Wyoming Petition, including the assertions of discreteness and
significance of a potential DPS and the ESA's five listing factors.
Both the Wyoming Petition and our discussion of the information in
our files references scientific information in the April 1, 2003,
``Final rule to reclassify and remove the gray wolf from the list of
endangered and threatened wildlife in portions of the conterminous
United States'' (68 FR 15804). Although this rule was vacated and
enjoined by Oregon and Vermont Federal district courts, the scientific
information discussed below, cited to the April 1, 2003, Federal
Register, was not challenged in those courts. Therefore, we still view
this document as a valid summary of our view of the science and a
reliable summary of the information in our files. This 90-day finding
is not a status assessment and does not constitute a status review
under the ESA.
Distinct Population Segment
Pursuant to the ESA, we shall consider for listing any species,
subspecies, or, for vertebrates, any DPS of these taxa if there is
sufficient information to indicate that such an action may be
warranted. Under our DPS policy, we must consider three factors in a
decision regarding the establishment of a possible DPS, including--(1)
discreteness of the population segment in relation to the remainder of
the taxon (i.e. Canis lupus); (2) the significance of the population
segment to the taxon to which it belongs; and (3) the population
segment's conservation status in relation to the ESA's standards for
listing (i.e., is the population segment, when treated as if it were a
species, endangered or threatened) (61 FR 4722, February 7, 1996). What
follows is not a formal DPS analysis. Instead, our finding considers
whether the petition states a reasonable case that the petitioned
population may be a listable entity.
Discreteness
Under our Policy Regarding the Recognition of Distinct Vertebrate
Population Segments, a population segment of a vertebrate species may
be considered discrete if it satisfies either one of the following
conditions--(1) It is markedly separated from other populations of the
same taxon (i.e., Canis lupus) as a consequence of physical,
physiological, ecological, or behavioral factors (quantitative measures
of genetic or morphological discontinuity may provide evidence of this
separation); and/or (2) It is delimited by international governmental
boundaries within which differences in control of exploitation,
management of habitat, conservation status, or regulatory mechanisms
exist that are significant in light of section 4(a)(1)(D) (``the
inadequacy of existing regulatory mechanisms'') of the ESA (61 FR 4722,
February 7, 1996). Below we discuss three arguments for discreteness
put forward by the Wyoming Petition, including differences in
management among populations in the United States and Canada,
physiological differences among populations, and geographic and
ecological factors separating populations.
Discreteness Information Provided by the Petitions--Management
Differences Among the United States and Canada. The Wyoming Petition
states that the northern Rocky Mountain gray wolf population in the
United States and Canada are discrete from each other based on
differences in exploitation and conservation status. The Wyoming
Petition provides no citations in support of this assertion.
Information in Our Files. This assertion is consistent with the
information in our files and previous USFWS determinations (68 FR
15804, April 1, 2003). On April 1, 2003, we published a Federal
Register notice which stated, ``The Vertebrate Population Policy allows
us to use international borders to delineate the
[[Page 61772]]
boundaries of a DPS even if the current distribution of the species
extends across that border. Therefore, we will continue to use the
United States--Canada border to mark the northern portions of the (DPS)
* * * due to the difference in control of exploitation, conservation
status, and regulatory mechanisms between the two countries. In
general, wolf populations are more numerous and wide-ranging in Canada;
therefore, wolves are not protected by Federal laws in Canada and are
publicly trapped in most Canadian provinces'' (68 FR 15819, April 1,
2003). Wolves in Canada are publicly harvested and subject to very
liberal defense of property take in most provinces (Pletscher et al.
1991; Mech and Boitani 2003; Bangs et al. 2004; Phillips et al. 2005).
Discreteness Information Provided by the Petitions--Physiological
Differences. The Wyoming Petition asserts that the northern Rocky
Mountain population of gray wolves also is markedly separated from
other populations of the same taxon as a consequence of physiological
(e.g., morphological) factors. The Wyoming Petition cites our 2003
Federal Register notice (68 FR 15804, April 1, 2003) and analyzes three
of our sources (Brewster and Fritts 1994; Nowak 1994; Wayne et al.
1994) in support of its statements that the northern United States
Rocky Mountain wolf population is significantly larger than other wolf
populations in the United States.
Information in Our Files. As suggested by the Wyoming Petition,
gray wolves in the northern Rocky Mountains differ physiologically from
other United States wolf populations. The average male wolf in the
northern Rockies weighs approximately 45 kilograms (kg) (100 pounds
(lb)) (68 FR 15804, April 1, 2003). By contrast, the average male wolf
in Wisconsin weighs 35 kg (77 lb) (Wisconsin Department of Natural
Resources 1999; 68 FR 15804, April 1, 2003) and the average historic
weights of wild Mexican wolves ranged from 25 to 49 kg (54 to 99 lb)
(Young and Goldman 1944). According to Gipson et al. (2002), wolves of
the Northern Rocky Mountains are slightly larger and contain greater
numbers of individuals with black pelts than other wolf populations
within the continental United States. Thus, this assertion is
consistent with the information in our files.
Discreteness Information Provided in the Petitions--Physical and
Ecological Factors. The Wyoming Petition asserts that the northern
Rocky Mountain population of gray wolves is markedly separated from
other wolf populations as a consequence of physical (geographic) and
ecological factors. The Wyoming Petition cites to a sizable collection
of literature (68 FR 15804, April 1, 2003; Mech 1989; Mech et al. 1988;
Oakleaf et al. 2003; Thiel 1985; USFWS 1987, 1994; USFWS et al. 2003,
2004, 2005) suggesting that a broad region of unsuitable habitats
surrounding the established northern Rocky Mountain population
constitutes a significant physical separation that effectively isolates
this population from distant, potentially suitable habitats.
Information in Our Files. This assertion is consistent with the
information in our files and previous USFWS determinations (68 FR
15804, April 1, 2003). On April 1, 2003, we published a Federal
Register notice which stated, ``To date, we have no evidence that any
wolves from any of [the United States wolf populations] have dispersed
[into other United States wolf populations], although we expect such
dispersals to occur. The current gray wolf populations * * * are
separated from [other] gray wolf populations * * * by large areas that
are not occupied by breeding populations of resident wild gray wolves.
Although small numbers of dispersing individual gray wolves have been
seen in some of these unoccupied areas, and it is possible that
individual dispersing wolves can completely cross some of these gaps
between occupied areas and may therefore join another wolf population,
we believe that the existing geographic isolation of wolf populations *
* * far exceeds the Vertebrate Population Policy's criterion for
discreteness'' (68 FR 15818, April 1, 2003). Based on suitable habitat
modeling (Oakleaf et al. 2005; Carroll et al. in prep.), genetic
analysis (Forbes and Boyd 1997; Boyd and Pletscher 1999), and known
wolf distribution and movement patterns (Bangs et al. 1996, 1998;
Pletscher et al. 1991, 1998; Phillips et al. 2005; USFWS et al. 1994,
2003, 2004, 2005), wolves in the northern Rocky Mountains appear
discrete from other United States wolf populations.
Significance
If we determine a population segment is discrete, we next consider
available scientific evidence of its significance to the taxon (i.e.,
Canis lupus) to which it belongs. Our DPS policy states that this
consideration may include, but is not limited to, the following--(1)
Persistence of the discrete population segment in an ecological setting
unusual or unique for the taxon; (2) Evidence that loss of the discrete
population segment would result in a significant gap in the range of
the taxon; (3) Evidence that the discrete population segment represents
the only surviving natural occurrence of a taxon that may be more
abundant elsewhere as an introduced population outside its historic
range; and/or (4) Evidence that the discrete population segment differs
markedly from other populations of the species in its genetic
characteristics (61 FR 4722, February 7, 1996). The Wyoming Petition
only presented information suggesting the loss of the northern Rocky
Mountain gray wolf population would represent a significant loss in the
range of the taxon. Below we discuss only this assertion.
Information Provided in the Petitions on Significance. The Wyoming
Petition suggests that the loss of the northern Rocky Mountain wolf
population would create a significant gap in the taxon's range as this
is one of only two self-sustaining, viable populations of gray wolves
in the United States. The Wyoming Petition provides no citations in
support of this assertion.
Information in Our Files. The USFWS concurs with the assertion that
the loss of this population would represent a significant gap in the
range of the taxon. On April 1, 2003, we published a Federal Register
notice which stated that the loss of any of the three wolf populations
in the conterminous States ``would clearly produce huge gaps in current
gray wolf distribution in the 48 States'' (68 FR 15819). Given historic
occupancy of the conterminous States and the portion of the historic
range the conterminous States represent, recovery of wolves in the
lower 48 has long been viewed as important to the taxon (U.S.
Department of the Interior 1974; 39 FR 1171, January 4, 1974; 43 FR
9607, March 9, 1978; Mech and Boitani 2003).
Although this 90-day finding has determined that the petition and
other readily available information in our files present a reasonable
case that the northern Rocky Mountain population of gray wolves may be
both discrete from other wolf populations and significant to the taxon,
this finding expresses no final agency view (1) as to the ultimate
issue of whether this population qualifies as a DPS; nor (2) where to
draw the boundaries of a potential DPS.
Conservation Status
What follows is not a formal status review under the ESA. Our
finding considers only whether the petition and information in our
files presents a reasonable case that the petitioned action may be
warranted. Section 4 of the ESA of 1973 and regulations promulgated to
implement the listing provisions of the ESA (50 CFR Part 424)
[[Page 61773]]
set forth the procedures for listing, reclassifying, and delisting
species under the Federal list of endangered and threatened species. A
species may be delisted, according to 50 CFR 424.11(d), if the best
scientific and commercial data available demonstrates that the species
is no longer endangered or threatened because of--(1) extinction; (2)
recovery; or (3) error in the original data used for classification of
the species. The analysis for a delisting due to recovery must be based
on the five factors outlined in section 4(a)(1) of the ESA, including--
(1) The present or threatened destruction, modification, or curtailment
of its habitat or range; (2) overutilization for commercial,
recreational, scientific, or educational purposes; (3) disease or
predation; (4) the inadequacy of existing regulatory mechanisms; and
(5) other natural or manmade factors affecting its continued existence.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Information Provided in the Petitions on Factor A. The Wyoming
Petition's discussion of Factor A cites to and quotes from the April 1,
2003 Federal Register notice (68 FR 15804). The Wyoming Petition
suggests that public lands and ungulate prey base remain secure in
suitable habitat. Regarding secure habitat in the northwestern Montana,
Central Idaho, and Greater Yellowstone Area recovery zones, the 2003
Federal Register notice read, ``These areas of potential wolf habitat
are secure and no foreseeable habitat-related threats prevent them from
supporting a wolf population that exceeds recovery levels'' (68 FR
15845, April 1, 2003). Regarding ungulates, the 2003 Federal Register
notice read, ``The States of Montana, Idaho, and Wyoming have managed
resident ungulate populations for decades and maintained them at
densities that would support a recovered wolf population. There is no
foreseeable condition that would cause a decline in ungulate
populations significant enough to affect a recovered wolf population''
(68 FR 15845, April 1, 2003). The Wyoming Petition's discussion of this
issue concludes with the suggestion that the analysis of foreseeable
impacts to habitat done by the USFWS in 2003 remains valid in 2005.
Information in Our Files. Although our 2003 analysis described
threats to habitat and range for a downlisting, a situation where many
of the protections of the ESA would have remained in place, many of the
same principles apply to delisting. According to Oakleaf et al. (2005)
and Carroll et al. (in prep), public lands and ungulate prey base in
northern Rocky Mountain wolf habitat appear largely secure. Thus, the
USFWS finds that the petition's discussion of Factor A presents
substantial scientific and commercial information indicating that
delisting the species may be warranted.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Information Provided in the Petitions on Factor B. The Wyoming
Petition's discussion of Factor B cites to and quotes from the final
wolf downlisting rule (68 FR 15804, April 1, 2003). The Wyoming
Petition suggests that commercial, recreational, scientific, and
educational take of wolves, their pelts, or other parts is believed to
be rare. The Wyoming Petition notes that such utilization will be
controlled by State regulatory mechanisms described in State wolf
management plans for Idaho, Montana, and Wyoming (70 FR 1289, January
6, 2005). The Wyoming Petition goes on to say that in National Parks,
post-delisting removal of wolves for commercial, recreational, and
educational purposes will be prohibited and post-delisting utilization
for scientific purposes will also be extremely rare (U.S.C. 16, Chapter
1, Sub Chapter V, Sect. 26). Finally, the Wyoming Petition notes that
National Park non-lethal utilization of wolves will be limited in order
to minimize impacts to wolves.
Information in Our Files. Although commercial, recreational,
scientific, and educational take has been rare since listing and is
likely to continue to be rare (68 FR 15804, April 1, 2003), adequate
State plans are necessary to regulate this issue post-delisting (Bangs
et al. 1998, 2004, 2005). To date, only the States of Idaho and Montana
have approved management plans for gray wolves (70 FR 1289, January 6,
2005). The USFWS has concerns with portions of Wyoming's State law and
wolf management plan relating to this factor (USFWS Administrative
Record 2004). This issue is discussed further under Factor D.
C. Disease or Predation
Information Provided in the Petitions on Disease. The Wyoming
Petition's discussion of disease cites to and quotes from the final
wolf downlisting rule (68 FR 15804, April 1, 2003). The Wyoming
Petition suggests that although parvovirus, canine distemper, mange,
and brucellosis have all been documented in wolves, none appear to be a
significant factor affecting wolf population dynamics in the northern
Rocky Mountains (USFWS 1994 as in 68 FR 15804, April 1, 2003; Johnson
1992a, 1992b as in 68 FR 15804, April 1, 2003). The Wyoming Petition
notes that disease and parasite occurrence require diligent monitoring
and appropriate follow up for the foreseeable future (Brand et al. 1995
as in 68 FR 15804, April 1, 2003).
Information in Our Files. As of 2003, disease did not appear to be
having significant impacts on wolf population dynamics (68 FR 15804,
April 1, 2003). However, a recent outbreak of mange has caused wolf
mortality and reproductive failure in several packs in the Greater
Yellowstone Area and is under investigation (Jimenez et al. in prep.).
While we view the information presented in the Petition as substantial,
additional evaluation of this issue is necessary.
Information Provided in the Petitions on Natural Predation. The
Wyoming Petition's discussion of predation by other wildlife cites to
and quotes from the final wolf downlisting rule (68 FR 15804, April 1,
2003). The Wyoming Petition suggests that predation by other wildlife
occasionally occurs (Mech and Nelson 1989 as in 68 FR 15804, April 1,
2003), but is not believed to be a significant mortality source (68 FR
15804, April 1, 2003).
Information in Our Files. This assertion is consistent with the
information in our files and previous USFWS determinations (68 FR
15804, April 1, 2003). No wild animals habitually prey on gray wolves.
Wolves are occasionally killed by prey that they are attacking (Mech
and Nelson 1989), but those instances are rare. Wolf conflicts with
mountain lions, grizzly bears, and black bears rarely result in the
death of either species. Predation by other wildlife does not appear to
have significant impacts on wolf population dynamics (Bangs et al.
1998; Smith et al. in prep.; USFWS et al. 2005).
Information Provided in the Petitions on Human Predation. The
Wyoming Petition's discussion of human predation cites to and quotes
from the final wolf downlisting rule for a discussion of this issue up
to 2003 (68 FR 15804, April 1, 2003). The Wyoming Petition notes that
since the 2003 analysis, 27 wolves were killed in 2003 throughout the
northern Rocky Mountain region from human causes other than control
actions (USFWS et al. 2004) and that, in 2004, 54 wolves were killed
from human causes other than control actions (USFWS et al. 2005).
However, the Wyoming Petition suggests the total number of wolves
killed are not preventing the population
[[Page 61774]]
from increasing; in fact, wolf populations have increased from 663
individuals in 2002, to 761 in 2003, to 835 in 2004 (USFWS et al. 2003,
2004, 2005). Finally, the Wyoming Petition notes that legal harvest by
hunters will be regulated under State laws, as described in the State
management plans for gray wolves.
Information in Our Files. Adequate State management is necessary to
regulate this issue post-delisting (Bangs et al. 2004, 2005). To date,
only the States of Idaho and Montana have approved management plans for
gray wolves (70 FR 1289, January 6, 2005). The USFWS has concerns with
portions of Wyoming's State law and wolf management plan relating to
this factor (USFWS Administrative Record 2004). This issue is discussed
further under Factor D.
D. The Inadequacy of Existing Regulatory Mechanisms
Information Provided in the Petitions on Factor D. The Wyoming
Petition asserts that the regulatory mechanisms currently provided in
Wyoming Statute 23-1-304 and the Wyoming Gray Wolf Management Plan
(2003) are sufficient to reasonably assure Wyoming's share of the
population will remain recovered into the foreseeable future. The
Wyoming Petition suggests that--(1) the Wyoming management plan can be
implemented within existing authorities (State Attorney General in
litt. 2003); (2) the USFWS has overstated risks associated with the
initial classification of gray wolves as a ``predatory animal''; and
(3) the Commission will reclassify wolves as ``trophy game'' if
necessary.
Information in Our Files. Based on our review of the State
management plans, peer review comments, and the State's responses to
those comments, USFWS has determined that both the Montana and Idaho
wolf management plans are adequate to maintain their share and
distribution of the tri-State wolf population above recovery levels (70
FR 1289, January 6, 2005). However, we have concerns with portions of
Wyoming's State law and wolf management plan (USFWS Administrative
Record 2004). The USFWS has determined that, for the Wyoming statute
and its State plan to constitute an adequate regulatory mechanism, in
lieu of listing under the ESA, they must satisfy three conditions.
First, Wyoming's predatory animal status for wolves must be changed
(Steve Williams, USFWS, in litt. 2004). Second, to constitute an
adequate regulatory mechanism, Wyoming State law and plan must clearly
commit to managing for at least 15 wolf packs in the State (Williams,
USFWS, in litt. 2004). Finally, the Wyoming definition of a ``pack''
should be consistent among the three States and be biologically based
(Williams, USFWS, in litt. 2004).
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Information Provided in the Petitions on Factor E. The Wyoming
Petition's discussion of Factor E cites to and quotes from the final
wolf downlisting rule (68 FR 15804, April 1, 2003), noting that ``the
primary determinant of the long-term status of gray wolf populations in
the United States will be human attitudes toward this large predator.
These attitudes are based on the conflicts between human activities and
wolves, concern with the perceived danger the species may pose to
humans, its symbolic representation of wilderness, the economic effect
of livestock losses, the emotions regarding threats to pets, the
conviction that the species should never be a target of sport hunting
or trapping, and wolf traditions of Native American tribes.''
Information in Our Files. This assertion is consistent with the
information in our files and previous USFWS determinations. Public
support for wolf recovery will be the primary determinant of the long-
term status of gray wolf populations in the United States (68 FR 15804,
April 1, 2003). As noted in the 2003 Federal Register notice,
``national support is evident for wolf recovery in the northern U.S.
Rocky Mountains. With the continued help of private conservation
organizations, States, and tribes, we can continue to foster public
support to maintain viable populations in * * * the West'' (68 FR
15804, April 1, 2003; Bangs et al. 2004).
Finding
Based on the information presented in the petitions and information
in our files, it is reasonable to infer that the gray wolf population
in the northern Rocky Mountains appears to have experienced a
significant recovery in terms of current population numbers and
distribution. At the end of 2004, 835 wolves existed in 110 packs in
the northern Rocky Mountains (68 FR 15804, April 1, 2003; USFWS et al.
2005). Sixty-six of these packs met our definition of a breeding pair.
USFWS determined that a minimum of 30 or more breeding pairs of wolves,
comprising 300 or more individuals in a metapopulation with some
genetic exchange between subpopulations, with an equitable distribution
among the 3 States for at least 3 successive years, constitutes a
viable and recovered wolf population (USFWS et al. 1994; 68 FR 15804,
April 1, 2003). This criterion was met at the end of 2002 and has been
surpassed every year since (68 FR 15804, April 1, 2003; USFWS et al.
2003, 2004, 2005).
On the whole, we find that the Wyoming petition presents
substantial scientific and commercial information indicating that the
northern Rocky Mountain gray wolf population may qualify as a DPS and
that this potential DPS may warrant delisting. Beyond substantial
population and distributional information indicating the northern Rocky
Mountain gray wolf population has met its biological recovery goals,
the Wyoming petition presented substantial information regarding
several of the five factors outlined in section 4(a)(1) of the ESA. The
Friends petition failed to present a case for delisting that would lead
a reasonable person to believe that the measure proposed in the
petition may be warranted. Although only one of these petitions
presented substantial information, we have considered the collective
weight of evidence and are initiating a 12-month status review.
Although our January 2003 determination that Wyoming's regulatory
mechanisms are inadequate is still valid, we will fully evaluate this
issue in the status review and welcome improvements to Wyoming's
Statutes and the Wyoming Gray Wolf Management Plan made within the 12-
month status review time period.
Information Solicited
When we make a finding that substantial scientific and commercial
information is presented to indicate that delisting a species may be
warranted, we are required to promptly commence a review of the status
of the species. To ensure that the status review is complete and based
on the best available scientific and commercial data, we are soliciting
information on the northern Rocky Mountain population of gray wolves.
We request any additional data, comments, and suggestions from the
public, other concerned governmental agencies, Native American Tribes,
the scientific community, industry, or any other interested parties
concerning the status of the northern Rocky Mountain population of gray
wolves. We are seeking information regarding the species' historical
and current status and distribution, its biology and ecology, ongoing
conservation measures for the species and its habitat, and threats to
the species and its habitat including the adequacy of regulatory
mechanisms. If you wish to comment or
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provide information, you may submit your comments and materials
concerning this finding to the Western Gray Wolf Recovery Coordinator,
U.S. Fish and Wildlife Service (see ADDRESSES).
Our practice is to make comments and materials provided, including
names and home addresses of respondents, available for public review
during regular business hours. Respondents may request that we withhold
a respondent's identity, to the extent allowable by law. If you wish us
to withhold your name or address, you must state this request
prominently at the beginning of your submission. However, we will not
consider anonymous comments. To the extent consistent with applicable
law, we will make all submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses, available for public inspection in
their entirety. Comments and materials received will be available for
public inspection, by appointment, during normal business hours at the
address listed above under ADDRESSES.
References Cited
A complete list of all references cited herein is available upon
request from the Western Gray Wolf Recovery Coordinator, U.S. Fish and
Wildlife Service (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of 1973
as amended (16 U.S.C. 1531 et seq.).
Dated: October 17, 2005.
Matt Hogan,
Acting Director, Fish and Wildlife Service.
[FR Doc. 05-21344 Filed 10-25-05; 8:45 am]
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