[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Rules and Regulations]
[Pages 15123-15188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5991]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0008; 92220-1113-0000; ABC Code: C6]
RIN 1018-AW37
Endangered and Threatened Wildlife and Plants; 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: Under the authority of the Endangered Species Act of 1973, as
amended (Act), we, the U.S. Fish and Wildlife Service (Service),
identify a distinct population segment (DPS) of the gray wolf (Canis
lupus) in the Northern Rocky Mountains (NRM) of the United States and
revise the List of Endangered and Threatened Wildlife by removing gray
wolves within NRM DPS boundaries, except in Wyoming. The NRM gray wolf
DPS encompasses the eastern one-third of Washington and Oregon, a small
part of north-central Utah, and all of Montana, Idaho, and Wyoming. Our
current estimate for 2008 indicates the NRM DPS contains approximately
1,639 wolves (491 in Montana; 846 in Idaho; 302 in Wyoming) in 95
breeding pairs (34 in Montana; 39 in Idaho; 22 in Wyoming). These
numbers are about 5 times higher than the minimum population recovery
goal and 3 times higher than the minimum breeding pair recovery goal.
The end of 2008 will mark the ninth consecutive year the population has
exceeded our numeric and distributional recovery goals.
The States of Montana and Idaho have adopted State laws, management
plans, and regulations that meet the requirements of the Act and will
conserve a recovered wolf population into the foreseeable future. In
our proposed rule (72 FR 6106, February 8, 2007), we noted that
removing the Act's protections in Wyoming was dependant upon the
State's wolf law (W.S. 11-6-302 et seq. and 23-1-101, et seq. in House
Bill 0213) and wolf management plan adequately conserving Wyoming's
portion of a recovered NRM wolf population. In light of the July 18,
2008, U.S. District Court order, we reexamined Wyoming law, its
management plans and implementing regulations, and now determine they
are not adequate regulatory mechanisms for the purposes of the Act.
We determine that the best scientific and commercial data available
demonstrates that (1) the NRM DPS is not threatened or endangered
throughout ``all'' of its range (i.e., not threatened or endangered
throughout all of the DPS); and (2) the Wyoming portion of the range
represents a significant portion of range where the species remains in
danger of extinction because of inadequate regulatory mechanisms. Thus,
this final rule removes the Act's protections throughout the NRM DPS
except for Wyoming. Wolves in Wyoming will continue to be regulated as
a non-essential, experimental population per 50 CFR 17.84(i) and (n).
DATES: This rule becomes effective on May 4, 2009.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. Comments and materials received, as well as
supporting documentation used in preparation of this final rule, are
available for inspection, by appointment, during normal business hours,
at our Montana office, 585 Shepard Way, Helena, Montana 59601. Call
(406) 449-5225, extension 204 to make arrangements.
FOR FURTHER INFORMATION CONTACT: Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena
office (see ADDRESSES) or telephone (406) 449-5225, extension 204.
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at 1-800-877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
Gray wolves (C. lupus) are the largest wild members of the dog
family (Canidae). Adult gray wolves range from 18-80 kilograms (kg)
(40-175 pounds (lb)) depending upon sex and region (Mech 1974, p. 1).
In the NRM, adult male gray wolves average over 45 kg (100 lb), but may
weigh up to 60 kg (130 lb). Females weigh slightly less than males.
Wolves' fur color is frequently a grizzled gray, but it can vary from
pure white to coal black (Gipson et al. 2002, p. 821).
Gray wolves have a circumpolar range including North America,
Europe, and Asia. As Europeans began settling the United States, they
poisoned, trapped, and shot wolves, causing this once widespread
species to be eradicated from most of its range in the 48 conterminous
States (Mech 1970, pp. 31-34; McIntyre 1995). Gray wolf populations
were eliminated from Montana, Idaho, and Wyoming, as well as adjacent
southwestern Canada by the 1930s (Young and Goldman 1944, p. 414).
Wolves primarily prey on medium and large mammals. Wolves normally
live in packs of 2 to 12 animals. In the NRM, pack sizes average about
10 wolves in protected areas, but a few complex packs have been
substantially bigger in some areas of Yellowstone National Park (YNP)
(Smith et al. 2006, p. 243; Service et al. 2008, Tables 1-3). Packs
typically occupy large distinct territories from 518 to 1,295 square
kilometers (km\2\) (200 to 500 square miles (mi\2\)) and defend these
areas from other wolves or packs. Once a given area is occupied by
resident wolf packs, it becomes saturated and wolf numbers become
regulated by the amount of available prey, intra-species conflict,
other forms of mortality, and dispersal. Dispersing wolves may cover
large areas (See Defining the Boundaries of the NRM DPS) as they try to
join other packs or attempt to form their own pack in unoccupied
habitat (Mech and Boitani 2003, pp. 11-17).
Typically, only the top-ranking (``alpha'') male and female in each
pack breed and produce pups (Packard 2003, p. 38; Smith et al. 2006,
pp. 243-4; Service et al. 2008, Tables 1-3). Females and males
typically begin breeding as 2-year olds and may annually produce young
until they are over 10 years old. Litters are typically born in April
and range from 1 to 11 pups, but average around 5 pups (Service et al.
1989-2007, Tables 1-3). Most years, four of these five pups survive
until winter (Service et al. 1989-2008, Tables 1-3). Wolves can live 13
years (Holyan et al. 2005, p. 446), but the average lifespan in the NRM
is less than 4 years (Smith et al. 2006, p. 245). Pup production and
survival can increase when wolf density is lower and food availability
per wolf increases (Fuller et al. 2003, p. 186). Pack social structure
is very adaptable and resilient. Breeding members can be
[[Page 15124]]
quickly replaced either from within or outside the pack and pups can be
reared by another pack member should their parents die (Packard 2003,
p. 38; Brainerd et al. 2008; Mech 2006, p. 1482). Consequently, wolf
populations can rapidly recover from severe disruptions, such as very
high levels of human-caused mortality or disease. After severe
declines, wolf populations can more than double in just 2 years if
mortality is reduced; increases of nearly 100 percent per year have
been documented in low-density suitable habitat (Fuller et al. 2003,
pp. 181-183; Service et al. 2008, Table 4).
For detailed information on the biology of this species see the
``Biology and Ecology of Gray Wolves'' section of 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 U.S.
(2003 Reclassification Rule) (68 FR 15804).
Previous Federal Actions
In 1974, we listed two subspecies of gray wolf as endangered: The
NRM gray wolf (C. l. irremotus) and the eastern timber wolf (C. l.
lycaon) in the Great Lakes region (39 FR 1171, January 4, 1974). We
listed a third gray wolf subspecies, the Mexican wolf (C. l. baileyi)
as endangered on April 28, 1976, (41 FR 17740) in Mexico and the
southwestern U.S. On June 14, 1976 (41 FR 24064), we listed the Texas
gray wolf subspecies (C. l. monstrabilis) as endangered in Texas and
Mexico.
In 1978, we published a rule (43 FR 9607, March 9, 1978) relisting
the gray wolf as endangered at the species level (C. lupus) throughout
the conterminous 48 States and Mexico, except for Minnesota, where the
gray wolf was reclassified to threatened. At that time, we designated
critical habitat in Minnesota and Isle Royale, Michigan. In the NRM, we
completed a recovery plan in 1980 and revised in 1987. In the Great
Lakes Region, we completed a recovery plan in 1978 and revised in 1992.
In the Southwest, we completed a recovery plan in 1982.
On November 22, 1994, we designated portions of Idaho, Montana, and
Wyoming as two nonessential experimental population areas for the gray
wolf under section 10(j) of the Act, including the Yellowstone
Experimental Population Area (59 FR 60252, November 22, 1994) and the
Central Idaho Experimental Population Area (59 FR 60266, November 22,
1994). These designations assisted us in initiating gray wolf
reintroduction projects in central Idaho and in the Greater Yellowstone
Area (GYA). In 2005 and 2008, we revised these regulations to provide
increased management flexibility for this recovered wolf population in
States with Service-approved post-delisting wolf management plans (70
FR 1286, January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR
17.84(n)).
The NRM wolf population achieved its numerical and distributional
recovery goals at the end of 2000 (Service et al. 2008, Table 4). The
temporal portion of the recovery goal was achieved in 2002 when the
numerical and distributional recovery goals were exceeded for the 3rd
successive year (Service et al. 2008, Table 4). To meet the Act's
requirements Idaho, Montana, and Wyoming needed to develop post-
delisting wolf management plans to ensure that adequate regulatory
mechanisms would exist should the Act's protections be removed. In
2004, we determined that Montana's and Idaho's laws and wolf management
plans were adequate to assure that their shares of the NRM wolf
population would be maintained above recovery levels. However, we found
the 2003 Wyoming legislation and plan inadequate to conserve Wyoming's
share of a recovered NRM gray wolf population (Williams 2004). Wyoming
challenged this determination but the Federal district court in Wyoming
dismissed the case (360 F. Supp 2nd 1214, D. Wyoming 2005). Wyoming
appealed that decision and on April 3, 2006, the Tenth Circuit Court of
Appeals upheld the district court ruling (442 F. 3rd 1262).
On July 19, 2005, we received a petition from the Office of the
Governor, State of Wyoming and the Wyoming Game and Fish Commission
(WGFC) to revise the listing status for the gray wolf by recognizing a
NRM DPS and to remove it from the Federal List of Endangered and
Threatened Species (Freudenthal 2005). On August 1, 2006, we announced
a 12-month finding that the petitioned action (delisting in all of
Montana, Idaho, and Wyoming) was not warranted because the 2003 Wyoming
State law and wolf management plan did not provide the necessary
regulatory mechanisms to ensure that Wyoming's numerical and
distributional share of a recovered NRM wolf population would be
conserved (71 FR 43410). Wyoming challenged this finding in Federal
District Court. On February 27, 2008, Federal District Judge issued an
order dismissing the case (Wyoming U.S. District Court Case Number
2:06-CV-00245).
On February 8, 2007, we proposed to identify the NRM DPS of the
gray wolf and to delist all or most portions of the NRM DPS (72 FR
6106). Specifically, we proposed to delist wolves in Montana, Idaho,
and Wyoming, and parts of Washington, Oregon, and Utah. The proposal
noted that the Act's protections would be retained in significant
portions of the range in Wyoming in the final rule if adequate
regulatory mechanisms were not developed to conserve Wyoming's portion
of a recovered wolf population into the foreseeable future. Under this
scenario, wolves in portions of Wyoming would continue to be regulated
under the Act as a non-essential, experimental population per 50 CFR
17.84(i) and (n).
On July 6, 2007, the Service extended the comment period in order
to consider a 2007 revised Wyoming wolf management plan and State law
that we believed, if implemented, could allow the wolves in all of
Wyoming to be removed from the List of Endangered and Threatened
Wildlife (72 FR 36939). On November 16, 2007, the WGFC unanimously
approved the 2007 Wyoming Plan (Cleveland 2007, p. 1). We then
determined this plan provided adequate regulatory protections to
conserve Wyoming's portion of a recovered wolf population into the
foreseeable future (Hall 2007, p. 2). On February 27, 2008, we issued a
final rule recognizing the NRM DPS and removing all of this DPS from
the List of Endangered and Threatened Wildlife (73 FR 10514). This rule
determined that Wyoming's regulatory mechanisms were adequate.
On April 28, 2008, 12 parties filed a lawsuit challenging the
identification and delisting of the NRM DPS. The plaintiffs also moved
to preliminarily enjoin the delisting. On July 18, 2008, the U.S.
District Court for the District of Montana granted the plaintiffs'
motion for a preliminary injunction and enjoined the Service's
implementation of the final delisting rule for the NRM DPS of the gray
wolf. The court stated that we acted arbitrarily in delisting a wolf
population that lacked evidence of genetic exchange between
subpopulations. The court also stated that we acted arbitrarily and
capriciously when we approved Wyoming's 2007 statute and wolf
management plan because the State failed to commit to managing for at
least 15 breeding pairs and Wyoming's 2007 statute allowed the WGFC to
diminish the trophy game area if it ``determines the diminution does
not impede the delisting of gray wolves and will facilitate Wyoming's
management of wolves.'' The court's preliminary injunction order
concluded that the Plaintiffs were likely to prevail on the
[[Page 15125]]
merits of their claims. In light of the district court order, on
September 22, 2008, we asked the court to vacate the final rule and
remand it to us. On October 14, 2008, the court vacated the final
delisting rule and remanded it back to the Service for further
consideration.
Similarly, on February 8, 2007, we recognized a Western Great Lakes
(WGL) DPS and removed it from the list of the List of Endangered and
Threatened Wildlife (72 FR 6052). Several groups challenged this rule
in court, arguing that the Service may not identify a DPS within a
broader pre-existing listed entity for the purpose of delisting the DPS
(Humane Society of the United States v. Kempthorne, Civil Action No.
07-0677 (PLF) (D.D.C.)). On September 29, 2008, the court vacated the
WGL DPS final rule and remanded it to the Service. The court found that
the Service had made that decision based on its interpretation that the
plain meaning of the Act authorizes the Service to create and delist a
DPS within an already-listed entity. The court disagreed, and concluded
that the Act is ambiguous as to whether the Service has this authority.
The court accordingly remanded the final rule so that the Service can
provide a reasoned explanation of how its interpretation is consistent
with the text, structure, legislative history, judicial
interpretations, and policy objectives of the Act.
Given the above court rulings, on October 28, 2008 (73 FR 63926),
we reopened the comment period on our February 8, 2007, proposed rule
(72 FR 6106). Specifically, we sought information, data, and comments
from the public regarding the 2007 proposal with an emphasis on new
information relevant to this action, the issues raised by the Montana
District Court, and the issues raised by the September 29, 2008, ruling
of the U.S. District Court for the District of Columbia with respect to
the WGL gray wolf DPS. The notice also asked for public comment on what
portions of Wyoming need to be managed as a trophy game area and what
portions of Wyoming constitute a significant portion of the NRM DPS's
range. After further analysis, we determined that Wyoming's regulatory
framework did not meet the requirements of the Act. On January 15, 2009
Wyoming's Governor was notified that Wyoming no longer had a Service-
approved wolf management plan (Gould 2009). Wolf management in all of
Wyoming (except the Wind River Tribal Lands because the tribe had a
Service-approved plan) again became immediately under the less flexible
provisions of the 1994 experimental population rules [17.84 (i)].
We are required to rely upon the best scientific information
currently available. Therefore, this final rule reflects new data and
information primarily concerning wolf population numbers, livestock
depredations and wolf control, and genetic exchange that were received
after the 2008 public comment period. This new data and information are
consistent with and did not change our conclusions stated in the
preamble to the proposed rule and in the notice for the reopened
comment period.
For detailed information on previous Federal actions also see the
2003 Reclassification Rule (68 FR 15804, April 1, 2003), the Advanced
Notice of Proposed Rulemaking (ANPR) (71 FR 6634, February 8, 2006),
the 12-month finding on Wyoming's petition to delist (71 FR 43410,
August 1, 2006), and the February 8, 2007, proposed rule to designate
the NRM population of gray wolf as a DPS and remove this DPS from the
List of Endangered and Threatened Wildlife (72 FR 6106).
Distinct Vertebrate Population Segment Policy Overview
Pursuant to the Act, we consider if information is sufficient to
indicate that listing, reclassifying, or delisting any species,
subspecies, or, for vertebrates, any DPS of these taxa may be
warranted. To interpret and implement the DPS provision of the Act and
congressional guidance, the Service and the National Marine Fisheries
Service published a policy regarding the recognition of distinct
vertebrate population segments under the Act (61 FR 4722, February 7,
1996). Under this policy, the Service considers two factors to
determine whether the population segment is a valid DPS--(1)
discreteness of the population segment in relation to the remainder of
the taxon, and (2) the significance of the population segment to the
taxon to which it belongs. If a population meets both tests, it is a
DPS, and the Service then evaluates the population segment's
conservation status according to the standards in section 4 of the Act
for listing, delisting, or reclassification (i.e., is the DPS
endangered or threatened).
Defining the Boundaries of the NRM DPS
We defined the geographic boundaries for the area to be evaluated
for DPS status based on discreteness and significance as defined by our
DPS policy. The DPS policy allows an artificial (e.g., State line) or
manmade (e.g., road or highway) boundary to be used as a boundary of
convenience for clearly identifying the geographic area for a DPS. The
NRM DPS includes all of Montana, Idaho, and Wyoming, the eastern third
of Washington and Oregon, and a small part of north central Utah.
Specifically, the DPS includes that portion of Washington east of
Highway 97 and Highway 17 north of Mesa and that portion of Washington
east of Highway 395 south of Mesa. It includes that portion of Oregon
east of Highway 395 and Highway 78 north of Burns Junction and that
portion of Oregon east of Highway 95 south of Burns Junction. Finally,
the DPS includes that portion of Utah east of Highway 84 and north of
Highway 80. The centers of these roads are deemed the boundary of the
DPS (See Figure 1).
This DPS is consistent with over 30 years of recovery efforts in
the NRMs in that: (1) The DPS approximates the U.S. historic range of
the NRM gray wolf subspecies (C. l. irremotus) (Service 1980, p. 3;
Service 1987, p. 2) which was the originally listed entity in 1974 (39
FR 1171, January 4, 1974); (2) the DPS boundaries are inclusive of the
areas focused on by both NRM recovery plans (Service 1980, pp. 7-8;
Service 1987, p. 23) and the 1994 environmental impact statement (EIS)
(Service 1994, Ch. 1 p. 3); and (3) the DPS is inclusive of the entire
Central-Idaho and Yellowstone Non-essential Experimental Population
areas (59 FR 60252, November 22, 1994; 59 FR 60266, November 22, 1994;
50 CFR 17.84 (i) & (n)).
BILLING CODE 4310-55-P
[[Page 15126]]
[GRAPHIC] [TIFF OMITTED] TR02AP09.003
One factor we considered in defining the boundaries of the NRM DPS
was the current distribution of known wolf packs in 2007 (Service et
al. 2008, Figure 1) (except four packs in northwestern Wyoming that did
not persist). We also examined the annual distribution of wolf packs
from 2002 (the first year the population exceeded the recovery goal)
through 2008 (Service et al. 2003-2009, Figure 1; Bangs et al. in
press). Because outer distribution changed little in these years, we
used the 2004 data because it had already been analyzed in the February
8, 2006 ANPR (71 FR 6634).
Dispersal distances also played a key role in determining the
boundaries for the DPS. We examined the known dispersal distances of
over 200 marked dispersing wolves from the NRM from 1993 through 2005
(Boyd et al. 2007; Jimenez et al. 2008d). These data indicate that the
average dispersal distance of wolves from the NRM was about 97 km (60
mi) (Boyd and Pletscher 1999, p. 1094; Boyd et al. 2007; Thiessen 2007,
p. 33; Jimenez et al. 2008d). We determined that 290 km (180 mi), three
times the average dispersal distance, was a breakpoint in our data for
unusually long-distance dispersal out from existing wolf pack
territories (Jimenez et al. 2008, Figures 2 and 3). Only 11 wolves
(none of which subsequently bred) have dispersed
[[Page 15127]]
farther outside the core population areas and remained in the U.S. None
of these wolves returned to the core population in Montana, Idaho, or
Wyoming. Only dispersal from the NRM packs to areas within the U.S. was
considered in these calculations because we were trying to determine
the appropriate DPS boundaries within the U.S. Dispersers to Canada
were not considered in our calculation of average dispersal difference
because the distribution of suitable habitat and level of human
persecution in Canada is significantly different than in the U.S.,
potentially affecting wolf dispersal patterns. We plotted average
dispersal distance and three times the average dispersal distance from
existing wolf pack territories in the NRM. The resulting map indicated
a wide area where wolf dispersal was common enough to support
intermittent additional pack establishment from the core wolf
population given the availability of patches of nearby suitable
habitat. Our specific data on wolf dispersal in the NRM may not be
applicable to other areas of North America (Mech and Boitani 2003, pp.
13-16).
We also examined suitable wolf habitat in Montana, Idaho, and
Wyoming (Oakleaf et al. 2005, pp. 555-558) and throughout the western
U.S. (Carroll et al. 2003, p. 538; Carroll et al. 2006, pp. 27-30) by
comparing the biological and physical characteristics of areas
currently occupied by wolf packs with the characteristics of adjacent
areas that remain unoccupied by wolf packs. The basic findings and
predictions of those models (Oakleaf et al. 2005, p. 559; Carroll et
al. 2003, p. 541; Carroll et al. 2006, p. 32) were similar in many
respects. Suitable wolf habitat in the NRM DPS is typically
characterized by public land, mountainous forested habitat, abundant
year-round wild ungulate populations, lower road density, lower numbers
of domestic livestock that were only present seasonally, few domestic
sheep (Ovis sp.), low agricultural use, and low human populations (see
Factor A). The models indicate that a large block of suitable wolf
habitat exists in central Idaho and the GYA, and to a smaller extent in
northwestern Montana. These findings support the recommendations of the
1987 wolf recovery plan (Service 1987) that identified those three
areas as the most likely locations to support a recovered wolf
population and are consistent with the actual distribution of all wolf
breeding pairs in the NRM since 1986 (Bangs et al. 1998, Figure 1;
Service et al. 1999-2009, Figures 1-4, Tables 1-3). The models indicate
little habitat is suitable for pack persistence within the portion of
the NRM DPS in eastern Montana, southern Idaho, eastern Wyoming,
Washington, Oregon, or northcentral Utah although dispersing wolves may
utilize these areas (See Factor A).
Unsuitable habitat also was important in determining the boundaries
of our DPS. Model predictions by Oakleaf et al. (2006, p. 559) and
Carroll et al. (2003, pp. 540-541; 2006, p. 27) and our observations
during the past 20 years (Bangs et al. 2004, p. 93; Service et al.
2008, Figures 1-4, Table 4) indicate that non-forested rangeland and
croplands associated with intensive agricultural use (prairie and high
desert) preclude wolf pack establishment and persistence. This
unsuitability is due to high rates of wolf mortality, high densities of
livestock compared to wild ungulates, chronic conflict with livestock
and pets, local cultural intolerance of large predators, and wolf
behavioral characteristics that make them vulnerable to human-caused
mortality in open landscapes (See Factor A). We looked at the
distribution of large expanses of unsuitable habitat that would form a
broad boundary separating the NRM population from both the southwestern
and Midwestern wolf populations and from the core of any other possible
wolf population that might develop in the foreseeable future in the
western U.S.
We included the eastern parts of Washington and Oregon and a small
portion of north central Utah within the NRM DPS, because--(1) these
areas are within 97 to 300 km (60 to 190 mi) from the core wolf
population where dispersal is likely; (2) lone dispersing wolves have
been documented in these areas more than once in recent times (Boyd et
al. 2007; Jimenez et al. 2008d); (3) these areas contain some suitable
habitat (see Factor A); (4) the potential for connectivity exists
between the relatively small and fragmented patches of suitable habitat
in these areas with larger blocks of suitable habitat in the NRM DPS;
and (5) most of the area lies within the historic range of the NRM gray
wolf subspecies (C. l. irremotus) (Service 1980, p. 3; Service 1987, p.
2) originally listed under the Act in 1974 (39 FR 1171, January 4,
1974). If wolf breeding pairs establish in these areas, habitat
suitability models indicate these nearby areas would likely be more
connected to the core populations in central Idaho and northwestern
Wyoming than to any future wolf populations that might become
established in other large blocks of potentially suitable habitat
farther beyond the NRM DPS boundary. As noted earlier, large swaths of
unsuitable habitat would isolate any wolf breeding pairs within the DPS
from other large patches of suitable habitat to the west or south
(Carroll et al. 2003, p. 541).
Although we have received reports of individual and wolf packs in
the North Cascades of Washington (Almack and Fitkin 1998, pp. 7-13),
agency efforts to confirm them have been unsuccessful and to date no
individual wolves or packs have been confirmed there (Boyd and
Pletscher 1999, p. 1096; Boyd et al. 2007). However, a wolf pack (2
adults and 6 pups) was discovered near Twisp, Washington (just east of
the North Cascades), in July 2008. Their territory is west of the NRM
DPS boundary. Genetic analysis indicated the two adults did not come
from the wolf population in the NRM DPS. Instead, they likely
originated from southcentral British Columbia (Allen 2008). This
confirms the appropriateness of our western DPS boundary and our
conclusion that intervening unsuitable habitat makes it unlikely that
wolves have or will disperse between the North Cascades and the NRM
population. However, if additional wolves disperse into the North
Cascades, they will remain protected by the Act as endangered because
it is outside of the NRM DPS.
We include all of Wyoming, Montana, and Idaho in the NRM DPS
because (1) their State regulatory frameworks apply Statewide; and (2)
expanding the DPS beyond a 300 km (190 mi) band of likely dispersal
distances to include extreme eastern Montana and Wyoming adds only
areas unsuitable habitat for pack persistence and does not effect the
distinctness of the NRM DPS. DPS boundaries that include all of
Wyoming, Montana, and Idaho are also consistent with the 1994
designations of the Central-Idaho and Yellowstone Non-essential
Experimental Population areas (59 FR 60252, November 22, 1994; 59 FR
60266, November 22, 1994; 50 CFR 17.84 (i) & (n)). Although including
all of Wyoming in the NRM DPS results in including portions of the
Sierra Madre, the Snowy, and the Laramie Ranges, we do not consider
these areas to be suitable wolf habitat for pack persistence because of
their size, shape, and distance from a strong source of dispersing
wolves. Oakleaf et al. (2006, pp. 558-559; Oakleaf 2006) chose not to
analyze these areas of southeast Wyoming because they are fairly
intensively used by livestock and are surrounded with, and interspersed
by, private land, making pack establishment and persistence unlikely.
While Carroll et al. (2003, p. 541; 2006, p. 32) optimistically
predicted these areas
[[Page 15128]]
were suitable habitat, the model predicted that under current
conditions these areas were largely sink habitat (i.e., a habitat in
which the species' mortality exceeds reproductive success) and that by
2025 (within the foreseeable future) they were likely to be ranked as
low occupancy because of human population growth and road development.
We chose not to extend the NRM DPS boundary east beyond Montana and
Wyoming, because those adjacent portions of North Dakota, South Dakota,
and Nebraska are far outside the predicted routine dispersal range of
NRM wolves. Given the available information on potentially suitable
habitat, expansion of the DPS to include Colorado or larger portions of
Utah to the south and west would have included large areas of
potentially suitable but unoccupied habitat in those States (Carroll et
al. 2003, p. 541). Given the current distribution of the NRM wolf
population to suitable habitat, we concluded that a smaller DPS
containing occupied suitable habitat, the adjacent areas of largely
unsuitable habitat where routine wolf dispersal could be expected, and
that was distinct from other large contiguous blocks of potentially
suitable habitat to the west and south was more biologically
appropriate. This DPS is also reflective of areas of recovery focus
over the last 30 years (39 FR 1171, January 4, 1974; Service 1980;
Service 1987; Service 1994; 59 FR 60252, November 22, 1994; 59 FR
60266, November 22, 1994; 50 CFR 17.84 (i) & (n)).
Analysis for Discreteness
Under our Policy Regarding the Recognition of Distinct Vertebrate
Population Segments, a population segment of a vertebrate taxon may be
considered discrete if it satisfies either one of the following
conditions--(1) is markedly separated from other populations of the
same taxon as a consequence of physical, physiological, ecological, or
behavioral factors (quantitative measures of genetic or morphological
discontinuity may provide evidence of this separation); or (2) 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) of the Act.
Markedly Separated from Other Populations of the Taxon--The eastern
edge of the NRM DPS (Figure 1) is about 644 km (400 mi) from the
western edge of the area currently occupied by the WGL wolf population
(eastern Minnesota) and is separated from it by hundreds of miles of
unsuitable habitat (see Factor A). The southern edge of the NRM DPS
boundary is about 724 km (450 mi) from the nonessential experimental
populations of wolves in the southwestern U.S. with vast amounts of
unoccupied marginal or unsuitable habitat separating them. While one
dispersing wolf was confirmed east and two south of the DPS boundary,
no wolf packs have ever been found there. No wolves from other U.S.
wolf populations are known to have dispersed as far as the NRM DPS.
Until recently, no wild wolves had been confirmed west of the DPS
boundary (although we occasionally got unconfirmed reports and 2 wolves
were killed close to that boundary). Then, in July 2008, a wolf pack (2
adults and 6 pups) was discovered near Twisp, Washington (just east of
the North Cascades and west of the DPS boundaries). These wolves did
not originate from the NRM DPS; instead they likely originated from
southcentral British Columbia (Allen 2008). The pack's territory is
outside the NRM DPS and remains discrete from the NRM gray wolf
population. The pack is being monitored via radio telemetry by
Washington Department of Fish and Wildlife. Should this pack persist
and other wolves follow, they would remain separated from the NRM DPS
by unsuitable wolf habitat.
Although wolves can disperse over 1,092 km (680 mi) (with actual
travel distances exceeding 10,000 km (6,000 mi)) (Fritts 1983, pp. 166-
167; Missouri Department of Conservation 2001, pp. 1-2; Ream et al.
1991, pp. 351-352; Boyd and Pletscher 1999, p. 1094; Boyd et al. 2007;
Wabakken et al. 2007, p. 1631), the average dispersal of NRM wolves is
about 97 km (60 mi) (Boyd and Pletscher 1999, p. 1100; Boyd et al.
2007; Jimenez 2008d; Thiessen 2007, p. 72). Only 11 of over 200
confirmed NRM wolf dispersal events from 1992 through 2005 have been
over 300 km (190 mi) and outside the core population (Boyd and
Pletscher. 1999, p. 1094; Boyd et al. 2007). Undoubtedly many other
dispersal events have occurred but not been detected because only 30
percent of the NRM wolf population has been radio-collared. All but
three of these known U.S. long-distance dispersers remained within the
proposed DPS. None of them found mates or survived long enough to form
packs or breed in the U.S. (Boyd et al. 2007; Jimenez 2008d).
The first wolf confirmed to have dispersed (within the U.S.) beyond
the boundary of the NRM DPS was killed by a vehicle collision along
Interstate 70 in north-central Colorado in spring 2004. Although not
confirmed, in early 2006, video footage of a black wolf-like canid was
taken near Walden in northern Colorado, suggesting another dispersing
wolf had traveled into Colorado. The subsequent status or location of
that animal is unknown. On March 7, 2009, a dispersing wolf from the
Yellowstone area was located by GPS radio-telemetry near Vail,
Colorado. Finally, in spring 2006, the carcass of a male black wolf was
found along Interstate 90 in western South Dakota. Genetic testing
confirmed it was a wolf that had dispersed from the Yellowstone area.
No other unusual wolf dispersal events were documented in the NRM
DPS in 2008. A radio-collared wolf from central Idaho continues to live
in the GYA. It formed a new pack and bred in 2009. A report of a pack
of wolves in northeastern Utah east of Flaming Gorge Reservoir (outside
the NRM DPS) was investigated in spring 2008. The existence of this
pack was not confirmed. A report of a wolf pack with pups in
northeastern Oregon (inside the NRM DPS) was investigated in August
2008. The existence of this pack was not confirmed. A photograph of a
black wolf-like canid taken in late 2008 in the central Cascade Range
in Oregon (outside the NRM DPS) but its origin and fate remain unknown.
We expect that occasional lone wolves will continue to disperse
between and beyond the currently occupied wolf habitat areas in
Montana, Idaho, and Wyoming, as well as into States adjacent to the NRM
DPS. However, pack development and persistence outside the NRM DPS is
unlikely because wolves disperse as individuals that typically have low
survival (Pletscher et al. 1997, p. 459) and suitable habitat is
limited and distant (Carroll et al. 2003, p. 541) from the NRM wolf
population.
No connectivity currently exists between the NRM wolf population
and any other U.S. wolf packs or populations. While it is theoretically
possible that a lone wolf might travel between the NRM wolf population
and other U.S. packs or populations, such movement has never been
documented and is likely to be rare because of both the distance and
the intervening areas of unsuitable habitat.
Furthermore, the DPS policy does not require complete separation of
one DPS from other U.S. packs or populations, but instead requires
``marked separation.'' Thus, if occasional individual wolves or packs
disperse among populations, the NRM DPS could still display the
required discreteness. Based on the information presented
[[Page 15129]]
above, we have determined that NRM gray wolves are markedly separated
from all other gray wolf populations in the U.S.
Differences Among U.S. and Canadian Wolf Populations--The DPS
policy allows us to use international borders to delineate the
boundaries of a DPS if there are differences in control of
exploitation, conservation status, or regulatory mechanisms between the
countries. Significant differences exist in management between U.S. and
Canadian wolf populations. About 52,000 to 60,000 wolves occur in
Canada, where suitable habitat is abundant (Boitani 2003, p. 322).
Because of this abundance, wolves in Canada are not protected by
Federal laws and are only minimally protected in most Canadian
provinces (Pletscher et al. 1991, p. 546). In the U.S., unlike Canada,
Federal protection and intensive management has been necessary to
recover the wolf (Carbyn 1983). If delisted, States in the NRM would
carefully monitor and manage to retain populations at or above the
recovery goal (see Factor D). Therefore, we will continue to use the
U.S.-Canada border to mark the northern boundary of the DPS due to the
difference in control of exploitation, conservation status, and
regulatory mechanisms between the two countries.
Analysis for Significance
If we determine a population segment is discrete, we next consider
available scientific evidence of its significance to the taxon to which
it belongs. Our DPS policy states that this consideration may include,
but is not limited to, the following factors: (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.
Below we address factors 1 and 2. Factors 3 and 4 do not apply to the
NRM DPS and thus are not included in our analysis for significance.
Unusual or Unique Ecological Setting--Within the range of holarctic
species, the NRM has amongst the highest diversity of large predators
and native ungulate prey species, resulting in complex ecological
interaction between the ungulate prey, predator and scavenger groups,
and vegetation (Smith et al. 2003, p. 331). In the NRM DPS, gray wolves
share habitats with black bears (Ursus americanus), grizzly bears (U.
arctos horribilis), cougars (Felis concolor), lynx (Lynx canadensis),
wolverine (Gulo gulo), coyotes (Canis latrans), foxes (Vulpes vulpes),
badgers (Taxidea taxus), bobcats (Felis rufus), fisher (Martes
pennanti), and marten (Martes americana). The unique and diverse
assemblage of native prey include elk (Cervus canadensis), mule deer
(Odocoileus hemionus), white-tailed deer (Odocoileus virginianus),
moose (Alces alces), woodland caribou (Rangifer caribou), bighorn sheep
(Ovis canadensis), mountain goats (Oreamnos americanus), pronghorn
antelope (Antilocapra americana), bison (Bison bison) (only in the
GYA), and beaver (Castor canadensis). This complexity leads to dramatic
and unique ecological cascades in pristine areas, such as in YNP. While
these effects likely still occur at varying degrees elsewhere they are
increasingly modified and subtle the more an area is affected by humans
(Smith et al. 2003, pp. 334-338; Robbins 2004, pp. 80-81; Campbell et
al. 2006, pp. 747-753; Hebblewhite et al. 2005, p. 2135; Garrott et al.
2005, p. 1245). For example, wolves appear to be changing elk behavior
and elk relationships and competition with other native ungulates in
YNP. These complex interactions may increase streamside willow
production and survival (Ripple and Beschta 2004, p. 755), that in turn
can affect beaver and nesting by riparian birds (Nievelt 2001, p. 1).
This suspected pattern of wolf-caused changes also may be occurring
with scavengers, whereby wolf predation is providing a year-round
source of food for a diverse variety of carrion feeders (Wilmers et al.
2003, p. 996; Wilmers and Getz 2005, p. 571). The wolf population in
the NRM has extended the southern range of the contiguous gray wolf
population in western North America nearly 400 miles (640 km) into a
much more diverse, ecologically complex, and unique assemblage of
species than is found elsewhere within occupied wolf habitat in most of
the northern hemisphere.
Significant Gap in the Range of the Taxon--Wolves once lived
throughout most of North America. Wolves have been extirpated from most
of the southern portions of their historic North American range. The
loss of the NRM wolf population would represent a significant gap in
the species' holarctic range in that this loss would create a 15-degree
latitudinal or over 1,600 km (1,000 mi) gap across the Rocky Mountains
between the Mexican wolf and wolves in Canada. If this potential gap
were realized, substantial cascading ecological impacts would occur in
the NRM, most noticeably in the most pristine and wildest areas (Smith
et al. 2003, pp. 334-338; Robbins 2004, pp. 80-81; Campbell et al.
2006, pp. 747-753; Hebblewhite and Smith in press, pp. 1-6).
Given the wolf's historic occupancy of the conterminous U.S. and
the portion of the historic range the conterminous U.S. represents,
recovery in portions of the lower 48 States has long been viewed as
important to the taxon (39 FR 1171, January 4, 1974; 43 FR 9607, March
9, 1978). The NRM DPS is significant in achieving this objective, as it
is 1 of only 3 populations of wolves in the lower 48 States and
currently constitutes nearly 25 percent of all wolves in the lower 48
States.
We conclude, based on our analysis of the best available scientific
information, that the NRM DPS is significant to the taxon in that NRM
wolves exist in a unique ecological setting and their loss would
represent a significant gap in the range of the taxon. Therefore, the
NRM DPS meets the criterion of significance under our DPS policy.
Because the NRM gray wolf population is both discrete and significant,
it is a valid DPS.
Agency's Past Practice and History of Using DPSs
Of the over 370 native vertebrate ``species'' listed under the Act,
77 are listed as less than an entire taxonomic species or subspecies
(henceforth referred to as populations) under one of several
authorities including the DPS language in the definition of
``species''. Of these 77 listed populations 32 predate the 1996 DPS
policy (61 FR 4722); therefore, the final listing determinations for
these populations did not include formal DPS analyses per the 1996 DPS
policy. Specifically, the 77 populations encompass 51 different species
or subspecies. During the history of the Act, the Service and NMFS have
taken actions with respect to populations in 98 listing,
reclassification, and delisting actions. The majority of those actions
identified a classification other than a taxonomically recognized
species or subspecies at the time of listing. In several instances,
however, the agencies have identified a DPS and, as appropriate,
revised the list of Threatened and Endangered Wildlife in a single
action. For example, we (1) established a DPS of the grizzly bear
(Ursus arctos horribilis) for the Greater Yellowstone Area and
surrounding area,
[[Page 15130]]
within the existing listing of the grizzly bear in the lower 48 States,
and removed this DPS from the List of Threatened and Endangered
Wildlife (March 29, 2007; 72 FR 14865); (2) established two DPSs of the
Columbian white-tailed deer (Odocoileus virginianus leucurus): The
Douglas County DPS and the Columbia River DPS; and removed the Douglas
County DPS from the List of Threatened and Endangered Wildlife (July
24, 2003; 68 FR 43647); (3) removed the brown pelican (Pelecanus
occidentalis) in the Southeastern United States from the List of
Endangered and Threatened Wildlife and continued to identify the brown
pelican as endangered throughout the remainder of its range (February
4, 1985; 50 FR 4938); (4) identified the American crocodile (Crocodylus
acutus) in Florida as a DPS within the existing endangered listing of
the American crocodile in the United States and reclassified the
Florida DPS from endangered to threatened (March 20, 2007; 71 FR
13027); and (5) amended the List of Endangered and Threatened Wildlife
and Plants by revising the entry for the gray whale (Eschrichtius
robustus) to remove the eastern North Pacific population from the List
while retaining the western North Pacific population as endangered
(June 16, 1994; 59 FR 31094)). We also proposed in 2000 to identify
four DPSs within the existing listing of the gray wolf in the lower 48
States and to reclassify three of the DPSs from endangered to
threatened (July 13, 2000; 65 FR 43450). As described above under
``Previous Federal Action,'' the final rule we issued in 2003
identified three gray wolf DPSs and reclassified two of the DPSs from
endangered to threatened (April 1, 2003; 68 FR 15804). Although courts
subsequently invalidated these DPSs, they did not question the
Service's authority to identify and reclassify DPSs within a larger
pre-existing listing. Identifying and delisting the Western Great Lakes
DPS of gray wolves is consistent with the Service's past practice and
does not represent a change in agency position.
Recovery
Recovery Planning and the Selection of Recovery Criteria--Shortly
after listing we formed the interagency wolf recovery team to complete
a recovery plan for the NRM population (Service 1980, p. i; Fritts et
al. 1995, p. 111). The NRM Wolf Recovery Plan (recovery plan) was
approved in 1980 (Service 1980, p. i) and revised in 1987 (Service
1987, p. i). Recovery plans are not regulatory documents and are
instead intended to provide guidance to the Service, States, and other
partners on methods of minimizing threats to listed species and on
criteria that may be used to determine when recovery is achieved. There
are many paths to accomplishing recovery of a species and recovery may
be achieved without all criteria being fully met. For example, one or
more criteria may have been exceeded while other criteria may not have
been accomplished. In that instance, the Service may judge that the
threats have been minimized sufficiently, and the species is robust
enough to reclassify from endangered to threatened or to delist. In
other cases, recovery opportunities may have been recognized that were
not known at the time the recovery plan was finalized. These
opportunities may be used instead of methods identified in the recovery
plan. Likewise, information on the species may be learned that was not
known at the time the recovery plan was finalized. The new information
may change the extent that criteria need to be met for recognizing
recovery of the species. Recovery of a species is a dynamic process
requiring adaptive management that may, or may not, fully follow the
guidance provided in a recovery plan.
The 1980 recovery plan's objective was to re-establish and maintain
viable populations of the NRM wolf (C. l. irremotus) in its former
range where feasible (Service 1980, p. iii) but there were no recovery
goals. The 1980 plan covered an area similar to the NRM DPS, as it was
once believed to be the range of the NRM wolf subspecies. It
recommended that recovery actions be focused on the large areas of
public land in northwestern Montana, central Idaho, and the GYA. The
revised recovery plan (Service 1987, p. 57) concluded that the
subspecies designations may no longer be valid and simply referred to
gray wolves in the NRMs. Consistent with the 1980 plan it also
recommended focusing recovery actions on the large blocks on public
land in the NRM. The 1987 plan specified a recovery criterion of a
minimum of 10 breeding pairs of wolves (defined as 2 wolves of opposite
sex and adequate age, capable of producing offspring) for a minimum of
3 successive years in each of 3 distinct recovery areas including: (1)
Northwestern Montana (Glacier National Park; the Great Bear, Bob
Marshall, and Lincoln Scapegoat Wilderness Areas; and adjacent public
and private lands); (2) central Idaho (Selway-Bitterroot, Gospel Hump,
Frank Church River of No Return, and Sawtooth Wilderness Areas; and
adjacent, mostly Federal, lands); and (3) the YNP area (including the
Absaroka-Beartooth, North Absaroka, Washakie, and Teton Wilderness
Areas; and adjacent public and private lands). That plan recommended
that wolf establishment not be promoted outside these distinct recovery
areas, but that connectivity between them be somehow encouraged.
However, no attempts were made to prevent wolf pack establishment
outside of the recovery areas unless chronic conflict required
resolution (Service 1994, p. 1-15, 16; Service 1999, p. 2).
The 1994 EIS on wolf reintroduction reviewed wolf recovery in the
NRM and the adequacy of the recovery goals because we were concerned
that the 1987 goals might be insufficient (Service 1994, pp. 6:68-78).
We were particularly concerned about the 1987 definition of a breeding
pair, since any male and female wolf are `capable' of producing
offspring and lone wolves may not have territories. We also believed
the relatively small `hard' recovery areas greatly reduced the amount
of area that could be used by wolves and would almost certainly
eliminate the opportunity for meaningful natural demographic and
genetic connectivity. The Service conducted a thorough literature
review of wolf population viability analysis and minimum viable
populations, reviewed the recovery goals for other wolf populations,
surveyed the opinions of the top 43 wolf experts in North America, of
which 25 responded, and incorporated our own expertise into a review of
the NRM wolf recovery goal. We published our analysis in the Service's
EIS and in a peer-reviewed paper (Service 1994, Appendix 8 & 9; Fritts
and Carbyn 1995, pp. 26-38). Our analysis concluded that the 1987
recovery goal was, at best, a minimum recovery goal, and that
modifications were warranted on the basis of more recent information
about wolf distribution, connectivity, and numbers. We also concluded
``Data on survival of actual wolf populations suggest greater
resiliency than indicated by theory'' and theoretical treatments of
population viability ``have created unnecessary dilemmas for wolf
recovery programs by overstating the required population size'' (Fritts
and Carbyn 1995, p. 26). Based on our analysis, we redefined a breeding
pair as an adult male and an adult female wolf that have produced at
least 2 pups that survived until December 31 of the year of their
birth, during the previous breeding season. We also concluded that
``Thirty or more breeding pair comprising some 300+ wolves in a
metapopulation (a population that exists as partially
[[Page 15131]]
isolated sets of subpopulations) with genetic exchange between
subpopulations should have a high probability of long-term
persistence'' because it would contain enough individuals in
successfully reproducing packs that were distributed over distinct but
somewhat connected large areas, to be viable for the long-term (Service
1994, p. 6:75). We explicitly stated the required genetic exchange
could occur by natural means or by human-assisted migration management
and that dispersal of wolves between recovery areas was evidence of
that genetic exchange (Service et al. 1994, Appendix 8, 9). In defining
a ``Recovered Wolf Population'' we found ``in the northern Rockies a
recovered wolf population is 10 breeding pairs of wolves in each of 3
areas for 3 successive years with some level of movement between
areas'' (Service 1994, p. 6-7). We further determined that a
metapopulation of this size and distribution among the three areas of
core suitable habitat in the NRM DPS would result in a wolf population
that would fully achieve our recovery objectives.
Since 1994, we have believed movement of individuals between the
metapopulation segements could occur either naturally or by human-
assisted migration management (Service 1994, p. 7-67). Specifically, we
stated ``The importance of movement of individuals between sub-
populations cannot be overemphasized. The dispersal ability of wolves
makes such movement likely, unless wolves were heavily exploited
between recovery areas, as could happen in the more developed corridor
between central Idaho and YNP. Intensive migration management might
become necessary if 1 of the 3 sub-populations should develop genetic
or demographic problems. (We saw) no reason why migration management
should be viewed negatively. It will be a necessity in other wolf
recovery programs. Some, however, may view such management intervention
as `unnatural' '' (Service 1994, p. 7-67). Furthermore, we found ``that
the 1987 wolf recovery plan's population goal of 10 breeding pairs of
wolves in 3 separate recovery areas for 3 consecutive years (was)
reasonably sound and would maintain a viable wolf population into the
foreseeable future. The goal is somewhat conservative, however, and
should be considered minimal. The addition of a few extra pairs would
add security to the population and should be considered in the post-EIS
management planning. That could always be done as a periodic infusion
if deemed necessary'' (Service 1994, p. 6-75).
We conducted another review of what constitutes a recovered wolf
population in late 2001 and early 2002 to reevaluate and update our
1994 analysis and conclusions (Service 1994, Appendix 9). We attempted
to survey the same 43 experts we had contacted in 1994 as well as 43
other biologists from North America and Europe who were recognized
experts about wolves and/or conservation biology. In total 53 people
provided their expert opinion regarding a wide range of issues related
to the NRM recovery goal. We also reviewed a wide range of literature,
including wolf population viability analysis from other areas (Bangs
2002, pp. 1-9). Despite varied professional opinions and a great
diversity of suggestions, experts overwhelmingly thought the recovery
goal derived in our 1994 analysis was more biologically appropriate
than the 1987 recovery plan's criteria for recovery and represented a
viable and recovered wolf population. Reviewers also thought genetic
exchange, either natural or human-facilitated, was important to
maintaining the metapopulation configuration and wolf population
viability. Reviewers also thought the proven ability of a breeding pair
to show successful reproduction was a necessary component of a
biologically meaningful breeding pair definition. Reviewers recommended
other concepts/numbers for recovery goals, but most were slight
modifications to those we recommended in our 1994 analysis. While
experts strongly (78 percent) supported that our 1994 conclusions
represented a viable wolf population, they also tended to believe that
wolf population viability was enhanced by higher rather than lower
population levels and longer than shorter demonstrated time frames.
Five hundred wolves and five years were common minority
recommendations. A slight majority indicated that even the 1987
recovery goal of only 10 breeding pairs (defined as a male and female
capable of breeding) in each of three distinct recovery areas may be
viable, given the persistent of other small wolf populations in other
parts of the world. The results of previous population viability
analysis for other wolf populations varied widely, and as we had
concluded in our 1994 analysis, reviewers in 2002 concluded theoretical
results were strongly dependent on the variables and assumptions used
in such models and conclusions often predicted different outcomes than
actual empirical data had conclusively demonstrated. Based on that
review, we reaffirmed our more relevant and stringent 1994 definition
of wolf breeding pairs, population viability, and recovery (Service
1994, p. 6:75; Bangs 2002, p. 1-9).
The 2002 reevaluation of the 1994 wolf recovery goal by a broader
spectrum of experts in wolf conservation also repeatedly recognized
connectivity among the core recovery areas as critical, but this
connectivity could be achieved through naturally dispersing wolves and/
or by human-assisted migration management. Specifically, we stated
``Connectivity was the single issue brought up most often by reviewers.
Many commented that wolves are unusually good dispersers and movement
between core recovery areas was probably not going to be a significant
wolf conservation issue in the NRM. Several believed that wolves would
soon colonize neighboring states. Nearly everyone commented that the
interchange of individuals between the sections of the metapopulation
and more importantly maintenance of connection to the Canadian
population. Several comments emphasized the importance of maintaining
some minimum number of wolves in northwestern Montana to maintain the
connection to the Canadian population. Other reviewers noted that such
connectivity could be easily maintained by management actions (such as
translocation) rather than natural dispersal. Movement into the GYA was
mentioned as a specific concern by some because that was the only
recovery area where wolf movement from other recovery areas appeared it
could be a concern, and it was the southern-most tip of a much larger
connected North American wolf population. A majority believed the
Service's proposal defined a viable wolf population but others believed
it needed to be improved by providing a measurable definition of
connectivity. Others believed that documenting successful reproduction
was an important measure of population viability and liked the concept
used in the 1994 EIS definition. The importance of future wolf
management (state or tribal management), primarily in maintaining
human-caused mortality below a level that would cause extirpation and
management that would foster some connectivity (either natural or man-
induced) were the most critical components of determining long-term
population viability * * * The true test of wolf population viability
will be determined by subsequent management practices. Past management
practices--such as (1) reintroduction of wolves
[[Page 15132]]
from two Canadian sources (Alberta and British Columbia) and from
numerous packs in each area, (2) subsequent management relocations
between all three recovery areas, (3) the natural dispersal
capabilities of wolves and proximity of core recovery areas to one
another, (4) documented routine interchange with Canadian wolf
populations and between Idaho and northwestern Montana, (5) a young
population age structure with successful pup production and survival,
and (6) the establishment of wolf populations in and around core
refugia (central Idaho Wilderness, YNP, Glacier National Park and
associated public lands to these areas) have produced a robust and
viable wolf population that currently has very high genetic and
demographic diversity that occupies core refugia in the highest quality
wolf habitat in the NRM of Montana, Idaho, and Wyoming. Maintenance of
those conditions in the wolf population will depend solely on long-term
future management to (1) regulate human-caused mortality and (2)
maintain genetic connectivity among population segments, including
Canada, either through deliberate relocation of wolves and/or
encouraging sufficient natural dispersal'' (Bangs 2002, pp. 3-4, 8-9).
Development of the Service's recovery goal clearly recognized that
the key to wolf recovery was establishing a viable demographically and
genetically diverse wolf population in the core recovery areas of the
NRM. We would ensure its future connectivity by promoting natural
dispersal and genetic connectivity between the core recovery segments
and/or by human-assist migration management in the unlikely event it
was ever required (Fritts and Carbyn 1995; Groen et al. 2008).
We measure the wolf recovery goal by the number of breeding pairs
as well as by the number of wolves because wolf populations are
maintained by packs that successfully raise pups. We use `breeding
pairs' (packs that have at least an adult male and an adult female and
that raised at least 2 pups until December 31) to describe successfully
reproducing packs (Service 1994, p. 6:67; Bangs 2002, pp. 7-8; Mitchell
et al. 2008). The breeding pair metric includes most of the important
biological concepts in wolf conservation. Specifically, we thought it
was important for breeding pairs to have: Both male and female member
together going into the February breeding season; successful occupation
of a distinct territory (generally 500-1,300 km\2\ (200-500 mi\2\) and
almost always in suitable habitat); enough pups to replace two adults;
off-spring that become yearling dispersers; at least 4 wolves following
the point in the year with the highest mortality rates (summer and
fall); all social structures and age classes represented within a wolf
population; and adults that can raise and mentor younger wolves.
Often we do not know if a specific pack actually contains an adult
male, adult female, and two pups in winter; however, group size has
proven to have a strong correlation with breeding pair status (Mitchell
et al. 2008). Research indicates a pack size of around 9 equates to one
breeding pair (large packs have complex age classes--pups, yearlings
and older adults). In the future, the States may be able to use pack
size in winter as a surrogate to help reliably identify each pack's
contribution toward meeting our breeding pair recovery criteria and to
better predict the effect of managing for certain pack sizes on wolf
population recovery.
We also have determined that an essential part of achieving
recovery is an equitable distribution of wolf breeding pairs and
individual wolves among the three States and the three recovery zones.
Like peer reviewers in 1994 and 2002, we concluded that NRM wolf
recovery and long-term wolf population viability is dependent on its
distribution as well as maintaining the minimum numbers of breeding
pairs and wolves. While uniform distribution is not necessary, a well-
distributed population with no one State/recovery area maintaining a
disproportionately low number of packs or number of individual wolves
is needed to maintain wolf distribution in and adjacent to core
recovery areas and other suitable habitat throughout the NRM and to
facilitate natural connectivity.
Following the 2002 review of our recovery criteria, we began to use
States, in addition to recovery areas, to measure progress toward
recovery goals (Service et al. 2003-2009, Table 4). Because Montana,
Idaho, and Wyoming each contain the vast majority of one of the
original three core recovery areas, we determined the metapopulation
structure would be best conserved by equally dividing the overall
recovery goal between the three States. This approach made each State's
responsibility for wolf conservation fair, consistent, and clear. It
avoided any possible confusion that one State might assume the
responsibility for maintaining the required number of wolves and wolf
breeding pairs in a shared recovery area that was the responsibility of
the adjacent State. State regulatory authorities and traditional
management of resident game populations occur on a State-by-State
basis. Management by State would still maintain a robust wolf
population in each core recovery area because they each contain manmade
or natural refugia from human-caused mortality (e.g., National Parks,
wilderness areas, and remote Federal lands) that guarantee those areas
remain the stronghold for wolf breeding pairs and source of dispersing
wolves in each State. Recovery targets by State promote connectivity
and genetic exchange between the metapopulation segments by avoiding
management that focuses solely on wolf breeding pairs in relatively
distinct core recovery areas and promote a minimum level of potential
natural dispersal to and from each population segment. This approach
also will increase the numbers of potential wolf breeding pairs in the
GYA because it is shared by all three States. A large and well-
distributed population within the GYA is especially important because
it is the most isolated recovery segment within the NRM DPS (Oakleaf et
al. 2005, p. 554; vonHoldt et al. 2007, p. 19).
The numerical component of the recovery goal represents the minimum
number of breeding pairs and individual wolves needed to achieve and
maintain recovery. To ensure that the NRM wolf population always
exceeds the recovery goal of 30 breeding pairs and 300 wolves, wolves
in each State shall be managed for at least 15 breeding pairs and at
least 150 wolves in mid-winter. This and other steps, including human-
assisted migration management if required (discussed below), will
maintain the NRM DPS's current metapopulation structure. Further
buffering our minimum recovery goal is the fact that Service data since
1986 indicate that, within the NRM DPS, each breeding pair has
corresponded to 14 wolves in the overall NRM wolf population in mid-
winter (including many wolves that travel outside these recognized
breeding pairs) (Service et al. 2008, Table 4). Thus, managing for 15
breeding pairs per State will result in substantially more than 150
wolves in each State (>600 in the NRM). Additionally, because the
recovery goal components are measured in mid-winter when the wolf
population is near its annual low point, the average annual wolf
population will be much higher than these minimal goals.
We further improved, provided additional safety margins, and
assured that the minimum recovery criteria would always be exceeded in
our 2009 post-delisting monitoring plan. Three scenarios could lead us
to initiate a status review and analysis of threats to
[[Page 15133]]
determine if relisting is warranted including: (1) If the wolf
population for any one State falls below the minimum NRM wolf
population recovery level of 10 breeding pairs of wolves and 100 wolves
in either Montana, Idaho, and Wyoming at the end of the year; (2) if
the portion of the wolf population in Montana, Idaho, or Wyoming falls
below 15 breeding pairs or 150 wolves at the end of the year in any one
of those States for 3 consecutive years; or (3) if a change in State
law or management objectives would significantly increase the threat to
the wolf population. Overall, we believe the NRM wolf population will
be managed for over 1,000 wolves including over 300 wolves and 30
breeding pairs in the GYA (in 2008 there were 35 breeding pairs and 449
wolves in the GYA). This far exceeds post-delisting management targets
of at least 45 breeding pairs and more than 450 wolves in the NRM. The
NRM wolf population: (1) Has at least this number of reproductively
successful packs and this number of individual wolves each winter (near
the low point in the annual cycle of a wolf population); (2) is
equitably distributed within the 250,000 km\2\ (100,000 mi\2\) area
containing 3 areas of large core refugia (National Parks, wilderness
areas, large blocks of remote secure public land) and at least 170,228
km\2\ (65,725 mi\2\) of suitable wolf habitat; and (3) is genetically
diverse and has demonstrated successful genetic exchange through
natural dispersal and human-assisted migration management between all
three core refugia. It therefore no longer needs the protections of the
Act and is a viable and fully recovered wolf population.
Our recovery and post-delisting management goals were designed to
provide the NRM gray wolf population with sufficient representation,
resilience, and redundancy for their long-term conservation. We have
expended considerable effort to develop, repeatedly reevaluate, and
when necessary modify, the recovery goals (Service 1987, p. 12; Service
1994, Appendix 8 and 9; Fritts and Carbyn 1995, p. 26; Bangs 2002, p.
1; 73 FR 10514, February 27, 2008; and this final rule). After
evaluating all available information, we conclude the best scientific
and commercial information available continues to support the ability
of these recovery goals to ensure the population does not again become
in danger of extinction.
Genetic Diversity Relative to our Recovery Criteria--Currently,
genetic diversity throughout the NRM is very high (Forbes and Boyd
1996, p. 1084; Forbes and Boyd 1997, p. 226; vonHoldt et al. 2007, p.
19). Wolves in northwestern Montana and both the reintroduced
populations are as genetically diverse as their source populations in
Canada; thus, inadequate genetic diversity is not a wolf conservation
issue in the NRM at this time (Forbes and Boyd 1997, p. 1089; vonHoldt
et al. 2007, p. 19). Genetic connectivity resulting from natural
dispersal alone, even in the GYA, appears adequate to prevent genetic
drift and inbreeding depression that could threaten the wolf
population. As a result, there is currently no need for management
activities designed to further increase genetic diversity anywhere in
the NRM DPS. However, should genetic problems ever materialize, an
outcome we view as extremely unlikely, the States will utilize agency
assisted genetic management to address the issue. Because genetic
changes happen very slowly, the States would have many years, perhaps
decades, to design and implement appropriate remedial actions. In
short, the NRM wolf population is not now and will not ever be
threatened by genetic diversity issues. This issue is discussed further
in our response to comments and in Factor E below.
Recovery and Genetics issues raised by the July 18, 2008 federal
court injunction--The July 18, 2008, U.S. District Court for the
District of Montana preliminary injunction order heavily cited vonHoldt
et al. (2007). This study concluded ``if the YNP wolf population
remains relatively constant at 170 individuals (estimated to be YNP's
carrying capacity), the population will demonstrate substantial
inbreeding effects within 60 years,'' resulting in an ``increase in
juvenile mortality from an average of 23 to 40%, an effect equivalent
to losing an additional pup in each litter.'' The court also cited
previous Service statements that call for ``genetic exchange'' among
recovery areas. The court further stated that dispersal of wolves
between the GYA and the northwestern Montana and central Idaho core
recovery areas was ``a precondition to genetic exchange.'' The
preliminary injunction order cited our 1994 EIS (Service 1994) and
vonHoldt et al. (2007) to support its conclusion that a metapopulation
had not been demonstrated in the NRM.
The vonHoldt et al. (2007) paper did an excellent job of analyzing
the empirical data regarding the pedigree for YNP wolves. That data
proved the ``almost complete'' natural selection for outbreeding by
wolves and the high genetic diversity of wolves in YNP. We appreciate
their recognition of our deliberate efforts to conserve genetic
diversity. Specifically vonHoldt et al. (2007) stated that ``Overall,
our findings demonstrate the effectiveness of the reintroduction in
preserving genetic diversity over the first decade of wolf recovery in
Yellowstone'' (vonHoldt et al. 2007, p. 19). Furthermore, we agree that
any totally isolated wildlife population that is never higher than 170
individuals which randomly breeds will lose genetic diversity over
time. It is also true that high levels of inbreeding can sometimes, but
not always, result in demographic issues such as reduced survival or
reduced fertility. Such outcomes sometimes, but not always, result in
demographic problems that threaten population viability.
However, we question many of the assumptions that underpin the
predictive modeling portion of vonHoldt et al. (2007) study's
conclusions. First, while the study found no evidence of genetic
exchange into YNP (8,987 km\2\ (3,472 mi\2\)), the Park is only a small
portion of the GYA (63,700 km\2\ (24,600 mi\2\)). Further limiting the
study's ability to detect genetic exchange among subpopulations is the
fact that most wolves that disperse to the GYA tend to avoid areas with
existing resident packs or areas with high wolf densities, such as YNP.
Moreover, even among the YNP wolves the study was limited to a
subsample of Park wolves from 1995-2004 (i.e., the radio collared
wolves). Thus, not surprisingly, subsequent analysis of additional
wolves across the GYA has demonstrated gene flow among the GYA and the
other recovery areas (vonHoldt et al. 2008; Wayne 2009, pers. comm.).
It is also important to consider that our ability to detect genetic
exchange within the NRM population is further limited by the genetic
similarity of the NRM subpopulations. Specifically, because both the
central Idaho and GYA subpopulations originate from a common source,
only first and possible second generation offspring of a dispersing
wolf can be detected. Additional genetic analysis of wolves from
throughout the NRM population, including a larger portion of the GYA
than just YNP, is ongoing.
Second, the vonHoldt et al. (2007) prediction of eventual
inbreeding in YNP relies upon several unrealistic assumptions. One such
assumption limited the wolf population analysis to YNP's (8,987 km\2\
(3,472 mi\2\)) carrying capacity of 170 wolves, instead of the more
than 300 wolves likely to be managed for in the entire GYA (63,700
km\2\ (24,600 mi\2\)) by Montana, Idaho, and Wyoming. The vonHoldt et
al., (2007) predictive model also capped the
[[Page 15134]]
population at the YNP population's winter low point, rather than at
higher springtime levels when pups are born. Springtime levels are
sometimes double the winter low. Most importantly, the vonHoldt et al.
(2007) assumed no gene flow into the area; an assumption now proven
incorrect. This issue is fully explained in Factor E below.
Conclusion of a reanalysis of the wolf recovery goals for the NRM
DPS--In its July 18, 2008 preliminary injunction order, the District
Court concluded that the Plaintiffs were likely to succeed on their
claim that the NRM had not achieved its recovery goal because genetic
exchange was `promised' by the recovery criteria but had not occurred
between wolves in the GYA area and the other recovery areas. The court
cited a recent genetic study of wolves in YNP (vonHoldt et al. 2007).
The court also suggested that higher rates of mortality associated with
State management would further reduce the future opportunity for
genetic exchange and ultimately threatened the wolf population. As a
result of the court ruling we have reevaluated our wolf recovery goal
for the NRM DPS and determined it is still scientifically valid,
represents the minimum wolf population that would not be threatened or
endangered in the foreseeable future, and all the biological conditions
associated with the recovery goal have been completely achieved. Our
reasoning is detailed below and in our discussion of Factor E.
The wolf recovery goal for the NRM has been repeatedly reevaluated
and improved as new scientific information warranted. Modifications of
the 1987 recovery plan goals based on recent information, further
analysis, and new scientific thinking were made in 1994 (Service 1994),
1999 (Service 1999), 2002 (Bangs 2002), 2008 (73 FR 10514, February 27,
2008), and in this rule. As a result of the court ruling, we have
carefully reevaluated our recovery goal again and reaffirmed that
``Thirty or more breeding pairs comprising some 300+ wolves in a
metapopulation (a population that exists as partially isolated sets of
subpopulations) with genetic exchange between subpopulations should
have a high probability of long-term persistence'' because it would
contain enough individuals in successfully reproducing packs that were
distributed over distinct but somewhat connected large areas of
suitable habitat, to be viable for the long-term (Service 1994, p.
6:75). The vast majority of wolf experts throughout the world who were
contacted believed the NRM wolf recovery goal represented the minimum
criteria to describe a viable and recovered wolf population (Service
1994, p. 6-75; Bangs 2002).
Genetic studies in the NRM are continuing. While that work
demonstrates that both human-assisted and natural genetic exchange has
occurred in the GYA, the rate at which this exchange has naturally
occurred in the GYA is being determined. However, vonHoldt et al.
(2008) reported that ``Based on migrant detection and assignment test
our results suggest that adequate genetic connectivity exists between
central Idaho and northwestern Montana populations, there is limited
effective dispersal between central Idaho or northwestern Montana to
GYA (although 15 unknown GYA individuals need to be resolved) and there
have been no migrants genetically detected that have (naturally)
dispersed into the YNP portion of the GYA.'' They went on to state
``Since this analysis only includes samples up to 2004, and due to
sample size limitations in some areas (GYA outside of YNP), adding more
samples and including samples up to 2008 may alter interpretation.
Specifically, genetic connectivity may be higher between GYA and other
recovery areas than currently believed.'' We concurred with that
determination. Indeed subsequent analysis confirmed offspring from some
wolves that naturally dispersed into the GYA, as well as the wolf pups
that were relocated into YNP in 1997, have been detected as additional
samples were analyzed (Wayne 2009, pers. comm.). We will continue to
collect and analyze genetic samples to monitor the genetic health of
the NRM wolf population (Groen et al. 2008).
Regardless of the outcome of those ongoing genetic studies--
(1) Ongoing or confirmed genetic exchange was never required by our
recovery goal, although it has now been documented. The recovery goal
assumed that the presence of dispersing wolves from other recovery
areas alone was enough evidence of the likelihood of `genetic' exchange
among recovery areas (the reason wolves disperse is to find mates and
breeding opportunities). Sixty-eight percent of relocated (human-
assisted dispersal) wolves in the NRM became breeders (Bradley et al.
2005). The presence of individual natural dispersing wolves in every
recovery segment, including the GYA, indicates that the NRM has a
metapopulation structure and that no segment is completely isolated
from the others.
(2) Because GYA and central Idaho wolves share a recent common
genetic history (siblings released in each area), it is very difficult
to detect anything beyond first or second generation offspring from
long range dispersing wolves. Significant changes in genetic health
generally take place over many generations and decades not years.
(3) A metapopulation is one where no segment is totally isolated
from the others. A metapopulation does not require a certain level of
natural or human-assisted migration management during a specified time
period to meet the definition of a metapopulation. We have proven
human-assisted migration management is easy to do with wolves. However,
at least for decades, there should be no genetic or demographic reasons
to move more wolves or their genes between the subpopulations and/or
Canada. However, it is also common sense that a wolf population in
three equal subpopulations managed near the minimum levels of 500
wolves would be far more likely to require future human-assisted
migration management than a wolf population managed at over 1,000
wolves in mid-winter.
(4) The assertion that successful recovery can only depend on
solely natural processes is not accurate. If that were the case
management of any wolf population, including the ongoing red wolf and
Mexican wolf programs, as well as in any other potential wolf recovery
programs in the U.S. (or in many parts of the world) could never lead
to recovery. In addition, nearly all recovery programs under the Act
and the subsequent management of those populations after delisting will
require human intervention such as captive breeding, relocations,
population augmentations, control of exotics or predators, maintenance
or preservation of important habitat through prescribed fire, control
of fire, flooding, and etc. In addition, most routine State and federal
management programs for common wildlife species still require continued
human management intervention by: Human control by agencies or by
public hunts to raise management funding, limit property damage, and
foster public tolerance; reintroductions, augmentation and captive
breeding/rearing; habitat manipulation (fire and firefighting, logging,
crops, water control structures, etc.); control of exotics, invasive
species, or pests; and many other common wildlife management tools.
(5) The Service's recovery goal never required that offspring from
long distance dispersing wolves and resident wolves be proven for the
recovery goal to be met. Relocations or mere presence of dispersing
wolves was believed to be adequate proof of connectivity. ``Recovered
Wolf Population--In the northern Rockies a recovered wolf population is
10 breeding pairs of
[[Page 15135]]
wolves in each of 3 areas for 3 successive years with some level of
wolf movement between areas'' (Service 1994, pp. 6-7). However,
regardless of the 1994 definition, natural dispersal and human-assisted
migration management has resulted in documented genetic exchange
between dispersing and resident wolves among all three recovery areas,
including the GYA.
(6) The level of natural dispersal that has been documented to date
makes it highly unlikely that further human-assisted migration
management would ever be required--even in the GYA, by far the most
isolated recovery area in the NRM, especially if populations are
managed at higher (>1,000 wolves) rather than lower (<500 wolves)
numbers.
(7) There are currently absolutely no genetic or demographic
problems in any of the core recovery segments, including the GYA. The
proximity of the three NRM recovery segments and the natural dispersal
abilities of wolves represent a classic wolf metapopulation structure
that will be maintained into the foreseeable future. The States, except
Wyoming, committed to initiate migration management, should it ever
needed, and their commitment completely resolves a highly unlikely
theoretical future genetic inbreeding problem (that would still not
threaten or endanger the NRM wolf population) by a guaranteed proven
solution to genetic inbreeding; namely human-assisted migration
management (Groen et al. 2008).
(8) The States (except Wyoming, which declined to sign the 2008
Genetics Memorandum of Understanding (MOU) (Groen et al. 2008) and
Service have committed to maintain that natural metapopulation
structure of the NRM wolf population to the extent possible by
encouraging natural dispersal and effective migrants and have
implemented management practices that should foster both (maintaining
the wolf population at higher rather than minimum levels, greater
rather than more restricted pack distribution throughout suitable
habitat, and reducing human-caused wolf mortality during key dispersing
and reproductive time periods, and maintain the integrity of the core
recovery areas/refugia (largely National Parks and wilderness areas)).
In addition the States and Service and other federal agencies and have
committed to monitor wolf genetics over time and should data suggest it
is appropriate, conduct human-assisted migration management, which we
believe is extremely unlikely to be necessary (Groen et al. 2008).
Monitoring and Managing Recovery--In 1989, we formed an Interagency
Wolf Working Group (Working Group) composed of Federal, State, and
Tribal agency personnel (Bangs 1991, p. 7; Fritts et al. 1995, p. 109;
Service et al. 1989-2009, p. 1). The Working Group conducted four basic
recovery tasks (Service et al. 1989-2009, pp. 1-2), in addition to the
standard enforcement functions associated with the take of a listed
species. These tasks were: (1) Monitor wolf distribution and numbers;
(2) control wolves that attacked livestock by moving them, conducting
other non-lethal measures, or by killing them (Bangs et al. 2006, p.
7); (3) conduct research and publish scientific publications on wolf
relationships to ungulate prey, other carnivores and scavengers,
livestock, and people; and (4) provide accurate science-based
information to the public and mass media so that people could develop
their opinions about wolves and wolf management from an informed
perspective.
The size and distribution of the wolf population is estimated by
the Working Group each year and, along with other information, is
published in an interagency annual report (Service et al. 1989-2009,
Table 4, Figure 1). Since the early 1980s, the Service and our
cooperating partners have radio-collared and monitored over 1,100
wolves in the NRM to assess population status, conduct research, and to
reduce/resolve conflict with livestock. The Working Group's annual
population estimates represent the best scientific and commercial data
available regarding year-end NRM gray wolf population size and trends,
as well as distributional and other information.
Recovery by State--At the end of 2000, the NRM population first met
its overall numerical and distributional recovery goal of a minimum of
30 breeding pairs and over 300 wolves well-distributed among Montana,
Idaho, and Wyoming (68 FR 15804, April 1, 2003; Service et al. 2001,
Table 4). Because the recovery goal must be achieved for 3 consecutive
years, the temporal element of recovery was not achieved until the end
of 2002 when 663 wolves and 49 breeding pairs were present (Service et
al. 2003, Table 4). By the end of 2008, the NRM wolf population will
have achieved its numerical and distributional recovery goal for 9
consecutive years (Service et al. 2001-2009, Table 4; Service 2008; 68
FR 15804, April 1, 2003; 71 FR 6634, February 8, 2006).
By the end of 2008, the NRM gray wolf population included
approximately 1,639 NRM wolves (491 in Montana; 846 in Idaho; 302 in
Wyoming) in 95 breeding pairs (34 in Montana; 39 in Idaho; 22 in
Wyoming). The wolf population estimate for 2008 is slightly higher than
that for 2007, indicating a declining rate of increase as suitable
habitat becomes increasingly saturated with resident wolf packs.
From 1995 to 2008, the NRM wolf population increased an average of
about 22 percent annually with increases ranging from 8 to 50 percent
(Service et al. 2009, Table 4). In 2008 the overall population
increased at the slowest rate since 1995. Figure 2 illustrates wolf
population trends by State from 1979 to 2007.
[[Page 15136]]
[GRAPHIC] [TIFF OMITTED] TR02AP09.004
As discussed previously, after the 2002 peer review of the wolf
recovery efforts, we began using States, in addition to recovery areas,
to measure progress toward recovery goals (Service et al. 2003-2009,
Table 4). However, because the original recovery plan included goals
for core recovery areas we have included the following discussion on
the history of the recovery efforts and status of these core recovery
areas, including how the wolf population's distribution and
metapopulation structure is important to maintaining its viability and
how the biological characteristics of each core recovery area differ
(Service et al. 2009, Table 4).
Recovery in the Northwestern Montana Recovery Area--The
Northwestern Montana Recovery Area's 84,800 km\2\ (33,386 mi\2\)
includes Glacier National Park; the Great Bear, Bob Marshall, and
Lincoln Scapegoat Wilderness Areas; and adjacent public and private
lands in northern Montana and the northern Idaho panhandle. Wolves in
this recovery area were listed and managed an endangered species.
Wolves naturally recolonized this area from Canada. Reproduction first
occurred in northwestern Montana in 1986 (Ream et al. 1989). The
natural ability of wolves to find and quickly recolonize empty habitat
(Mech and Boitani 2003, p. 17-19), the interim control plan (Service
1988, 1999), and the interagency recovery program combined to
effectively promote an increase in wolf numbers (Bangs 1991, p. 7-13).
By 1996, the number of wolves had grown to about 70 wolves in 7 known
breeding pairs. However, since 1997, the estimated number of breeding
pairs and wolves has fluctuated, partly due to actual population size
and partly due to monitoring effort. It varied from 4 to 23 breeding
pairs and from 49 to 276 wolves (Service et al. 2009, Table 4), but
generally increased. By the end of 2008, we estimated 276 wolves in 18
breeding pairs in the northwestern Montana recovery area (Service et
al. 2009, Table 4).
The Northwestern Montana Recovery Area has sustained fewer wolves
than the other recovery areas because there is less suitable habitat
and it is more fragmented (Oakleaf et al. 2005, p. 560; Smith et al.
2008, p. 1). Some of the variation in our wolf population estimates for
northwestern Montana is due to the difficulty of counting wolves in the
area's thick forests. Wolves in northwestern Montana also prey mainly
on white-tailed deer, resulting in smaller packs and territories, which
lowers the chances of a pack being detected (Bangs et al. 1998, p.
878). Increased monitoring efforts in northwestern Montana by Montana
Fish, Wildlife and Parks (MFWP) since 2005 were likely responsible for
some of the higher population estimates. Wolf numbers in 2003 and 2004
also likely exceeded 10 breeding pairs and 100 wolves, but were not
documented simply due to less intensive monitoring those years (Service
et al. 2009, Table 4). By the end of 2009, this recovery area will
contain over 10 breeding pair and 100 wolves for the fourth consecutive
year (2005-2008), and probably has done so for the last seven years
(2002-2008) (Service et al. 2009, Table 4).
Routine dispersal of wolves has been documented among northwestern
Montana, central Idaho and adjacent Canadian populations demonstrating
that northwestern Montana's wolves are demographically and genetically
linked to both the wolf population in Canada and in central Idaho
(Pletscher et al. 1991, pp. 547-8; Boyd and Pletscher 1999, pp. 1105-
1106; Sime 2007, p. 4; Jimenez et al. 2008d). Because of fairly
contiguous, but fractured suitable habitat wolves dispersing into
northwestern Montana from both directions will continue to join or form
new packs and supplement this segment of the overall wolf population
(Boyd et al. 2007; Forbes and Boyd 1996, p. 1082; Forbes and Boyd 1997,
p. 1226; Boyd et al. 1995, p. 140; vonHoldt et al. 2007, p. 19;
vonHoldt et al. 2008; Thiessen 2007, p. 50; Sime 2007, p. 4; Jimenez et
al. 2008d).
Unlike YNP or the central Idaho Wilderness complex, northwestern
Montana lacks a large core refugium that contains large numbers of
overwintering wild ungulates and few livestock. Therefore, wolf numbers
may not ever be as high in northwestern Montana as they are in central
Idaho or the GYA. However, that population segment has persisted for
nearly 20 years, is robust today, and habitat there is capable of
supporting over 200 wolves (Service et al. 2008, Table 4). State
management, pursuant to the Montana State wolf management plan (2003),
will ensure this population segment continues to thrive (see Factor D).
Recovery in the Central Idaho Recovery Area--The Central Idaho
Recovery Area's 53,600 km\2\ (20,700 mi\2\) includes the Selway
Bitterroot, Gospel Hump, Frank Church River of No Return, and Sawtooth
Wilderness Areas; adjacent, mostly Federal lands, in
[[Page 15137]]
central Idaho; and adjacent parts of southwest Montana (Service 1994,
p. iv). In January 1995, 15 young adult wolves from Alberta, Canada
were released in central Idaho (Bangs and Fritts 1996, p. 409; Fritts
et al. 1997, p. 7). In January 1996, an additional 20 wolves from
British Columbia were released (Bangs et al. 1998, p. 787). Central
Idaho contains the greatest amount of highly suitable wolf habitat
compared to either northwestern Montana or the GYA (Oakleaf et al.
2005, p. 559). Consequently, the central Idaho area population has
grown substantially and expanded its range since reintroduction. As in
the Northwestern Montana Recovery Area, some of the Central Idaho
Recovery Area's increase in its wolf population estimate was due to an
increased monitoring effort by Idaho Department of Fish and Game
(IDFG). At the end of 2008, we estimated 914 wolves in 42 breeding
pairs in the central Idaho recovery area (Service et al. 2009, Table
4). By the end of 2008, this recovery area will have contained at least
10 breeding pair and 100 wolves for 11 consecutive years (1998-2008)
(Service et al. 2009; Service 2008).
Recovery in the GYA--The GYA recovery area (63,700 km\2\ [24,600
mi\2\]) includes YNP; the Absaroka Beartooth, North Absaroka, Washakie,
and Teton Wilderness Areas (the National Park/Wilderness units);
adjacent public and private lands in Wyoming; and adjacent parts of
Idaho and Montana (Service 1994, p. iv). The wilderness portions of the
GYA are primarily used seasonally by wolves due to high elevation, deep
snow, and low productivity in terms of sustaining year-round wild
ungulate populations (Service et al. 2008, Figure 3). In 1995, 14
wolves representing 3 family groups from Alberta were released in YNP
(Bangs and Fritts 1996, p. 409; Fritts et al. 1997, p. 7; Phillips and
Smith 1996, pp. 33-43). In 1996, this procedure was repeated with 17
wolves representing 4 family groups from British Columbia. Finally, 10
5-month old pups removed from northwestern Montana in a wolf control
action were released in YNP in the spring of 1997 (Bangs et al. 1998,
p. 787). Only 2 of these 10 pups survived past 9 months of their
release, but both became breeding adults and their genetic signature is
common both in YNP and the GYA (VonHoldt 2008). By the end of 2008, we
estimated 449 wolves in 35 breeding pairs in the GYA (Service et al.
2008). By the end of 2008, this recovery area had at least 10 breeding
pair and 100 wolves for 9 consecutive years (2000-2008) (Service et al.
2009; Service 2008).
Wolf numbers in the GYA were stable in 2005, but known breeding
pairs dropped by 30 percent to only 20 pairs (Service et al. 2006,
Table 4). The population recovered in 2006, primarily because numbers
outside YNP in Wyoming grew to about 174 wolves in 15 breeding pairs
(Service et al. 2008). Most of this decline occurred in YNP which
declined from 171 wolves in 16 known breeding pairs in 2004 to 118
wolves in 7 breeding pairs in 2005 (Service et al. 2005, 2006, Tables
1-4). This decline likely occurred because: (1) Highly suitable habitat
in YNP was saturated with wolf packs; (2) conflict among packs appeared
to limit population density; (3) fewer elk occur in YNP than when
reintroduction took place (White and Garrott 2006, p. 942; Vucetich et
al. 2005, p. 259); and (4) a suspected 2005 outbreak of disease (canine
parvovirus (CPV) or canine distemper (CD)) reduced that years' pup
survival to 20 percent (Service et al. 2006, Table 2; Smith et al.
2006, p. 244; Smith and Almberg 2007, pp. 17-20). By the end of 2007,
the YNP wolf population had rebounded and was estimated to contain 171
wolves in 10 breeding pairs (Service et al. 2008). In 2008, we saw a
relatively high number of wolves killing other wolves and a high
mortality rate among pups (this may be due to a disease outbreak, but
the NPS will not be sure until winter when park biologists capture
wolves and test their blood for antibodies). At the current time the
YNP wolf population may be 124 wolves in 12 packs and only 6 breeding
pairs (Service et al. 2009). Additional significant growth in the
National Park/Wilderness portions of the Wyoming wolf population above
200 wolves is very unlikely because suitable wolf habitat is saturated
with resident wolf packs. Maintaining wolf populations safely above
recovery levels and promoting demographic and genetic exchange in the
GYA segment of the NRM area will depend on wolf packs living outside
the National Park/Wilderness portions of northwestern Wyoming and
southwestern Montana.
For further information on the history of NRM wolf recovery,
recovery planning (including defining appropriate recovery criteria),
population monitoring (through the end of 2008), and cooperation and
coordination with our partners in achieving recovery, see the
``Recovery'' section of the August 1, 2006, 12-month status review (71
FR 43410), Service weekly wolf reports (1995-2008), and the Rocky
Mountain Wolf Recovery Interagency Annual Reports (Service et al. 1989-
2009) at http://westerngraywolf.fws.gov.
Summary of the demographic characteristics of the NRM wolf
population--In late 2008, the NRM wolf population was estimated to
contain about 1,639 wolves in nearly 200 packs (two or more wolves with
a territory); 95 of these packs also classified as breeding pairs
(packs with an adult male, adult female, and at least 2 pups on
December 31). After delisting it will be managed by the States,
National Park Service, and Service to average over 1,100 wolves,
fluctuating around 400 wolves in Montana, 500 in Idaho, and 200 to 300
in Wyoming. The NRM wolf population is a three part metapopulation,
composed of core areas of suitable habitat and refugia in northwestern
Montana, central Idaho and the GYA. The most isolated subpopulation in
the NRM is the GYA. The territories of persistent breeding pairs in GYA
and central Idaho are 160 km (100 mi) apart, but packs and occasionally
breeding pairs are often within 100 km (60 mi) of each other. The GYA
had 449 wolves as of Dec 31, 2008, but will likely be managed above 300
wolves in portions of Montana, Idaho, and Wyoming in the long term.
Central Idaho and northwest Montana are connected by routine dispersal
events to the contiguous western Canadian wolf population that contains
12,000 wolves in British Columbia and Alberta. Collectively, the NRM is
distinct in the lower 48 United States because it is surrounded by
large expanses of unsuitable habitat in Washington, Oregon, Nevada,
Utah, Colorado, and the Dakotas.
Average dispersal distance by wolves in the NRM is 100 km (60 mi)
and drops off sharply past 300 km (190 mi). Several individuals have
gone >600km (>400 mi), but none of these long distant dispersers in the
United States are known to have survived long enough to breed.
Comparing a model of theoretical suitable wolf habitat in the NRM
(Oakleaf et al. 2005, p. 559) with the distribution of wolf packs since
2002 indicates most suitable habitat is filled with resident packs
(Service et al. 2003-2009, Figure 1). The outer boundary of the entire
NRM wolf population has not changed much (a minimum convex polygon of
280,000 km\2\ (~110,000 mi\2\) since 2002 (Figure 1)). Nearly all wolf
population growth has occurred within the suitable habitat area within
the past 6 years. Suitable habitat is typically forested, public land,
seasonally grazed by livestock (mainly cattle), and has abundant wild
ungulates (primarily elk, deer, and moose). Wolf packs have not
persisted in unsuitable habitat (open
[[Page 15138]]
prairie and high desert, more human activity & access, abundant
livestock throughout the year, fewer wild ungulates) even under the
Act's most protective designation as ``endangered''.
The two major causes of mortality are agency control of problem
wolves and illegal killing--each one causing on average about a 10%
mortality rate annually (3% unintentional human-caused and 3% natural).
Average radio-collared wolf (n = ~940 wolves) annual survival was 74
percent, and varied from 80 percent in national parks and remote
wildness areas down to 60 percent in areas more developed by humans
(Murray et al. 2008; Smith et al. 2008). There is an average of just
over five pups per pack, but that decreased to an average of about 4
pups by winter. Periodically there are as few as 2 surviving pups in
packs in a few localized areas (YNP) due to outbreaks of canine
diseases (largely canine distemper). Only about 60% of all wolf packs
classified as breeding pairs each year and adult and pup survival,
rather than reproduction, was the key determinate on a pack's final
status. Those packs that did not qualify either were not surveyed
intensively enough to document final status, did not raise at least 2
pups, were not confirmed to contain both an adult male and female on
Dec 31, or contact with them was lost (missing, killed, radio-collar
loss, etc) before winter. Therefore, the breeding pair estimate
represents a minimum and conservative measure of the number of wolf
packs that actually meet the breeding pair metric.
The NRM population grew at an average annual rate of 22 percent per
year from 1995-2008 (Service et al. 2009, Table 4). The NRM population
in 2008 grew slowly, indicating it could be approaching the carrying
capacity of suitable habitat. Wolf populations regulate their
distribution by their social territoriality. Packs defend exclusive
areas of 200 to 500 square miles and defend those areas from other lone
wolves and packs. Wolves regulate their density depending on food
availability. If food is limited pack territories are larger meaning
fewer can fit into a limited space. If prey is abundant packs can
fulfill their needs in a smaller area and therefore more packs can fit
into a smaller area. In the NRM, with its limited suitable habitat and
relatively fixed prey base, the wolf population has grown by having
wolves in more places within suitable habitat not by having more wolves
in the same space or packs beginning to occupy unsuitable habitat. We
believe that scientific evidence such as the well documented self
regulation of wolf populations by prey density and social strife
(Fuller et al. 2003); stagnant overall distribution of packs since 2002
(Figure 1); limited amount of suitable habitat in the NRM (Oakleaf et
al. 2006); high mortality of wolves in unsuitable habitat due to
chronic conflicts with people (Smith et al. 2008); increase livestock
depredations and more control (in many areas); and slowly of wolf
population growth rates in recent years (Service et al. 2009); all
indicate that the NRM wolf population maybe approaching its carrying
capacity in suitable habitat. Maintaining wolf numbers above 1,500
maybe difficult as the rate of conflicts per wolf would increase
greatly if packs tried to occupy unsuitable habitat. Movement and
breeding by dispersing wolves between northwestern Montana, central
Idaho and southwest Canada appears common. GYA is the most distinct
area, but between radio telemetry data (1995-2008) and genetic analysis
(1995-2004) it appears that there is about one natural dispersing wolf
entering the GYA per year and a little more than one effective migrant
per generation (a `new' wolf that breeds every four years) in the GYA
system. Contemporary statistics for genetic diversity from 2002-2004
for central Idaho, northwestern Montana, and the GYA, respectively are;
n = 85, 104, 210; allelic diversity = 9.5, 9.1, 10.3; observed
heterozygosity = 0.723, 0.650, 0.708; expected heterozygosity = 0.767,
0.728, 0.738. (vonHoldt et al. 2008). These levels have not diminished
since 1995. The small differences between expected and observed
heterozygosity around 0.70 on a scale of zero (no diversity) to 1
(maximum possible diversity, which is very unlikely to be encountered
in a wild population) and high allelic (alleles are the different forms
of a gene) diversity averaging over 9 alleles per locus (location of a
gene on a chromosome) demonstrate all subpopulations within the NRM
wolf populations have high standing levels of genetic variability. By
all measures the NRM wolf population is extremely demographically and
genetically diverse, will remain so, and is completely biologically
recovered.
Public Comments Solicited
In our proposed rule, we requested that all interested parties
submit information, data, comments or suggestions (72 FR 6106, February
8, 2007). The comment period was open from February 8, 2007 through May
9, 2007 (72 FR 6106, February 8, 2007; 72 FR 14760, March 29, 2007),
from July 6, 2007 through August 6, 2007 (72 FR 36939, July 6, 2007),
and from October 28, 2008 through November 28, 2008 (73 FR 63926,
October 28, 2008). We also held eight public hearings and eight open
houses on the proposal (72 FR 6106, February 8, 2007; 72 FR 14760,
March 29, 2007; 73 FR 36939, July 6, 2007). During the 150-day comment
period, we received over 520,000 comments including approximately
240,000 comments during our most recent comment period. Comments were
submitted by a wide array of parties, including the general public,
environmental organizations, sportsman and outfitter groups,
agricultural agencies and organizations, and Tribal, Federal, State,
and local governments.
Peer Review
In accordance with our Interagency Policy for Peer Review in
Endangered Species Act Activities (59 FR 34270, July 1, 1994) and the
Office of Management and Budget's (OMB) Final Information Quality
Bulletin for Peer Review, we solicited independent review of the
science in the proposed delisting rule from eight well-published North
American scientists with extensive expertise in wolf biology. All eight
peer reviewers submitted comments on the proposed delisting rule during
the initial 90-day comment period (72 FR 6106, February 8, 2007; 72 FR
14760, March 29, 2007). Five of those experts reviewed the proposal
again after we reopened the comment period (73 FR 36939, July 6, 2007)
to allow consideration of Wyoming's revised wolf management plan and
its impact upon our proposal. Finally, on October 29, 2008, we provided
these eight experts and nine others the opportunity to review and
comment on our February 8, 2007 (72 FR 6106) delisting proposal and our
October 28, 2008 (73 FR 63926) notice reopening the comment period.
None offered any additional comments on the rule making, although
several offered comments on our draft genetics MOU (Groen et al. 2008).
Generally, the reviewers agreed with our conclusion that the wolf
population in the NRM DPS is biologically recovered and is no longer
threatened as long as the States adequately regulate human-caused
mortality. The reviewers provided many valuable thoughts, questions,
and suggestions for improving the document. Issues identified by a
majority of reviewers included suggestions to expand the discussion
related to: The recovery criteria (connectivity, foreseeable future,
metapopulation, and breeding pairs); the adequacy of State wolf
management plans and their future commitments; how the DPS boundary and
criteria for suitable habitat were developed; options to retain the
Act's protections in
[[Page 15139]]
portions of Wyoming; and the effect of human-caused mortality on the
wolf population.
Summary of Public Comments
We reviewed and considered all comments in this final decision.
Substantive comments received during the comment periods and all new
information have been addressed below or incorporated directly into
this final rule. Comments of a similar nature are grouped together
under subject headings in a series of ``Issues'' and ``Responses.''
Technical and Editorial Comments
Issue 1: Numerous technical and editorial comments and corrections
were provided by respondents on nearly every part of the proposal.
Several peer reviewers and others suggested or provided additional
literature to consider in the final rule.
Response 1: We corrected and updated this final rule wherever
appropriate and possible. We edited the rule to make its purpose and
rationale clearer. We shortened and condensed several sections by not
repeating information that was already contained in the references
cited. Several other sections were expanded to better explain our
position.
The literature used and recommended by the peer reviewers and
others has been considered and incorporated, as appropriate, in this
final rule. We also reviewed and added literature in development and in
press to our reference list when it represents the best scientific and
commercial data available. The list of literature cited in this rule
will be posted on our Web site (http://westerngraywolf.fws.gov/).
Compliance With Laws, Regulations and Policy
Issue 2: Numerous parties suggested that delisting the NRM DPS does
not comply with our legal, regulatory, and policy responsibilities.
Response 2: We have carefully reviewed the legal requirements of
the Act, its implementing regulations, and relevant case law, all
relevant Executive, Secretarial, and Director Orders, Departmental and
Service policy, and other Federal policies and procedures. We believe
this rule and the process by which it was developed fully satisfies all
of our legal, regulatory, and policy responsibilities. Issues relating
to specific concerns such as identifying a DPS, using State boundaries
as part of the DPS boundary, retaining the Act's protections in
significant portions of the NRM DPS, legal criteria for judging
adequate regulatory mechanisms, adequacy of the public comment process,
clarity of our proposal, and several other legal requirements are each
specifically addressed elsewhere in this rule. Furthermore, on December
12, 2008 a formal opinion was issued by the Solicitor of the Department
of the Interior, ``U.S. Fish and Wildlife Service Authority Under
Section 4(c)(1) of the Endangered Species Act to Revise Lists of
Endangered and Threatened Species to `Reflect Recent Determinations' ''
(U.S. DOI 2008). The Service fully agrees with the analysis and
conclusions set out in the Solicitor's opinion. This action is
consistent with the opinion. The complete text of the Solicitor's
opinion can be found at http://www.fws.gov/midwest/wolf/.
Issue 3: Some commenters suggested that a new NEPA analysis on the
1995 reintroduction was needed because wolves have exceeded levels
analyzed in the 1994 Environmental Impact Statement (EIS). Others
suggested NEPA compliance on the delisting was needed for other
reasons.
Response 3: The 1994 EIS was limited to the NRM wolf reintroduction
efforts and is not applicable to the delisting process. As noted in the
proposed rule, NEPA compliance documents, such as environmental
assessments or environmental impact statements, need not be prepared in
connection with actions adopted pursuant to section 4(a) of the Act
(listings, delistings, and reclassifications). A notice outlining the
Service's reasons for this determination was published in the Federal
Register on October 25, 1983 (48 FR 49244).
Issue 4: Some commenters suggested that we did not adequately
consult with Native American Tribes, as required by Secretarial Order
3206 and our Native American Policy.
Response 4: During the development of the proposal and this final
rule, we endeavored to consult with Native American Tribes and Native
American organizations to provide them information concerning the
proposal and gain an understanding of their perspectives. We made
additional efforts to contact and inform Tribes during the comment
period, including providing the opportunity for informational meetings
with Tribal representatives before the open houses and hearings on the
delisting proposal. As we have become aware of Native American
concerns, we have tried to address those concerns to the extent allowed
by the Act, the Administrative Procedures Act, and other Federal
statutes. Specifically, we worked closely with and fund the Nez Perce
Tribe's wolf management program, assisted the Wind River Tribes in
developing a Tribal Wolf Management Plan (Wind River Tribes 2007) that
we approved in June 2007, and coordinated with the Salish and Kootenai
and Blackfeet Tribes regarding wolf management on their Tribal lands.
Recovery Goals, Recovery Criteria, and Delisting
Issue 5: Some commenters suggested that we should not use numerical
quotas in reclassification or delisting decisions for the gray wolf.
Commenters offered a multitude of reasons why delisting is warranted/
not warranted or premature/overdue.
Response 5: The Act specifies that objective and measurable
criteria be developed for recovering listed species. For a detailed
discussion of the NRM wolf recovery criteria see the Recovery section.
This final delisting determination is based upon the species' status
relative to the Act's definition of threatened or endangered and
considers potential threats to the species as outlined in section
4(a)(1) of the Act. Population numbers and status provide useful
information for assessing the species' vulnerability to these factors.
As described in detail in this rule, the species no longer meets the
definition of threatened or endangered in all of its range, thus,
delisting across most of the NRM DPS is warranted.
Issue 6: Some commenters requested that we further explain the
recovery criteria. These commenters expressed confusion over the
current recovery goal because recent modifications have not been
accomplished through the recovery planning process.
Response 6: The Service's current recovery goal for the NRM gray
wolf population is: Thirty or more breeding pairs (an adult male and an
adult female that raise at least 2 pups until December 31) comprising
300+ wolves in a metapopulation (a population that exists as partially
isolated sets of subpopulations) with genetic exchange between
subpopulations (Service 1994; Fritts and Carbyn 1995). Step-down
recovery targets require Montana, Idaho, and Wyoming to each maintain
at least 10 breeding pairs and 100 wolves by managing for a safety
margin of at least 15 breeding pairs and at least 150 wolves in mid-
winter. Genetic exchange can be natural or, if necessary, agency
managed. The rule now provides a fuller explanation of the recovery
goals and their evolution over time (see the Reclassification and
Recovery Goals section).
Issue 7: Several commenters used the higher numbers of wolves
required for recovery of wolves in the WGL DPS as evidence that the NRM
wolf population is too low to delist.
[[Page 15140]]
Response 7: The recovery goals for the WGL DPS and the NRM DPS
differ because the biological circumstances (such as prey type and
density, wolf density, habitat suitability, terrain, other ecological
conditions, the history of recovery and planning efforts, and potential
for human conflict) in each area differ. The WGL can support more and
higher densities of wolves because of high white-tailed deer density,
homogenous and more contiguous suitable habitat, different patterns of
livestock density, distribution, and management, and different patterns
of human access. However, the standards for achieving recovery have the
same biological foundation. Each set of recovery goals required a
metapopulation structure, numerical and distribution delisting criteria
to be exceeded for several years, State plans that would adequately
regulate wolf mortality, and sufficient elimination or reduction of
threats to the population. The standards for achieving recovery in the
WGL DPS and NRM DPS are both scientifically valid and realistically
reflect the biological similarities and differences between each area.
Within the NRM DPS, most of the 170,227 km\2\ (65,725 mi\2\) of
suitable habitat for pack persistence is occupied and likely at or
above long-term carrying capacity. The occupied portions of the NRM DPS
have remained constant since 2002. Given limitations in available
suitable habitat for pack persistence, significant expansion of the
wolf population into new areas of the NRM DPS is unlikely. We believe
maintaining the NRM gray wolf population at or above 1,500 wolves in
currently occupied areas would slowly reduce wild prey abundance in
suitable wolf habitat. This would result in a gradual decline in the
number of wolves that could be supported in suitable habitat. Higher
rates of livestock depredation in these and surrounding areas would
follow. This too would reduce the wolf population because problem
wolves are typically controlled.
The Great Lakes wolf population also grew until it saturated
suitable habitat. Wolves in the Minnesota portion of the Great Lakes
regions have not increased their distribution and numbers in the past
ten years. In both the Great Lakes region and the NRM DPS, we set
recovery targets at approximately one-third of carrying capacity, while
the States plan to manage at about two-thirds of carrying capacity. We
believe the biological carrying capacity of suitable habitat is set by
wild prey distribution and density, ability of packs to persist, raise
young and provide dispersers back into the population, level of
conflict with people, overall rate of reproduction and morality, and a
density and distribution of wolves and wolf packs necessary to maintain
a viable metapopulation.
Issue 8: Some commenters felt that the 1994 recovery goal was
inadequate to ensure the continued viability of the NRM DPS.
Specifically, they stated that the 1994 EIS could not properly evaluate
the recovery goals because predicting the number of wolves the two
then-unoccupied recovery zones might support was not possible. Some
thought that the wolf recovery goals should be reevaluated given
historic or current wolf numbers and distribution. Others thought that
additional protection of the ecosystem, such as reduced livestock
grazing, eliminating roads, and increasing restrictions on human
development, on which the NRM wolves depend would be necessary to
accomplish successful recovery in areas of historic occupancy. Some
commenters stated that 2,000 to 6,000 or more wolves were necessary to
maintain a viable and recovered wolf population. Others indicated that
the wolf population was growing out of control and should be reduced to
the minimum recovery goal of 300 wolves in 30 breeding pairs.
Response 8: We do not dispute the fact that the NRM can support a
wolf population that is several times higher than the minimum numerical
recovery goal necessary to meet the Act's requirements. However, under
the Act, species recovery is considered to be the return of a species
to the point where it is no longer threatened or endangered. Recovery
under the Act does not require restoring a species to historic levels
or even maximizing possible density, distribution, or genetic
diversity. The Service has reviewed the NRM wolf recovery goal to
ensure it is adequate and that it has been fully achieved (see
discussion in Recovery section). We have modified it when scientific
evidence warranted. We determined that a 3-State wolf metapopulation
that requires maintenance of at least 10 breeding pairs and at least
100 wolves in mid-winter per State by managing for a safety margin of
at least 15 breeding pairs and at least 150 wolves in mid-winter per
State is biologically recovered. Montana and Idaho have committed to
maintain the NRM wolf population well above their minimum numerical and
distributional share of the NRM wolf population. In Wyoming, the
continuation of National Park Service and Service wolf management will
assure that Wyoming's share of the NRM wolf population is maintained
well above recovery levels. Collectively, these commitments indicate
that the entire NRM wolf population is likely to consist of 973 to
1,302 wolves in 77 to 104 breeding pairs (See Recovery Planning and
Factor D).
Commenters provided no convincing scientific evidence that at least
2,000 to 6,000 wolves are required in a wolf population for it to be
recovered to meet the Act's purposes. Wolf populations in many parts of
the world have remained viable at much lower levels unless they were
deliberately extirpated by people. Furthermore, not only is the current
population of 1,639 wolves far above minimum recovery levels, we have
concluded that there is not enough suitable habitat in the NRM DPS to
support 2,000 to 6,000 wolves over the long term without tolerating
rates of livestock depredation and impacts to big game populations many
times higher than has occurred in the past twenty years. Additional
habitat protections in suitable habitat will not meaningfully increase
carrying capacity of the NRM DPS. Restoration into areas currently
considered unsuitable for pack persistence would require massive
Federal and State programs to reduce or eliminate livestock on Federal,
State, Tribal and, mostly, private property. Such an approach is
unnecessary and unwarranted to remove the threat of extinction to the
NRM DPS for the foreseeable future. Specifically, we do not believe
there is a need for additional habitat protections in the NRMs as the
DPS contains sufficient quality and quantity of habitat to maintain a
healthy and viable wolf population in the long-term (as discussed in
Factor A below). To the extant that a larger population is desired by
some to sustain biological viability, the NRM wolf population
represents a 650 km (400 mi) southern range extension of a vast
contiguous wolf population that numbers over 12,000 wolves in western
Canada and about 65,000 wolves across all of Canada and Alaska.
While some commenters felt that the NRM wolf population should be
reduced to minimum recovery levels, the Act does not require or
authorize the Service to manage a listed species to keep it from
surpassing minimum recovery goals. States are also unlikely to
accommodate this request as they have agreed to manage for a wolf
population at least 50 percent above minimum recovery levels and will
likely manage for a population of over 1,000 wolves, well above even
this minimum level. Due to smaller safety margins to account for
stochastic events, it would require much more intensive and costly
monitoring and management to assure the future conservation of a
[[Page 15141]]
recovered wolf population that was composed of less than 500 wolves
than it would for the greater than 1,000 wolves that will be maintained
in the NRM by the States and Service after delisting.
Issue 9: Some commenters questioned the objectivity of the peer
review process for the recovery goals.
Response 9: We used an extensive unbiased scientific peer review
and public review process and our own expertise to help investigate,
and modify as necessary, the recovery goals. We purposely invited
reviews from experts with widely divergent philosophies to increase the
range of opinions and perspectives. While the comments of some former
litigants selected quotes from one end of the bell curve of all the
diversity of opinion that was offered on wolf recovery goals to support
their perspective (Fallon 2008), a review of the peer review comments
in their entirety reveal the wide diversity of opinion (Bangs 2002). We
continue to conclude, as did over three-fourths of the experts
contacted, that the recovery goal is adequate to ensure wolves in the
NRM do not again become threatened or endangered. Additionally, peer
reviews of the State wolf management plans and the rulemaking process
also confirmed the adequacy of the recovery goals to maintain a
recovered wolf population in the NRM DPS. See the discussion in the
recovery section for more details.
Issue 10: We received numerous comments related to the recovery
objective of having genetic exchange between subpopulations, the
isolation of the GYA recovery area, and a perceived failure to meet the
recovery goal because of the lack of successful migrants into the GYA.
Many commenters expressed opinions on available options to achieve the
genetic exchange mentioned in the recovery goal. Some commenters stated
that only natural connectivity and gene flow constituted recovery. Some
of these individuals believed the July 18, 2008, District Court
preliminary injunction order mandated natural connectivity. Numerous
commenters opined that agency-managed genetic exchange (moving
individual wolves or their genes into the affected population segment)
was ``a government dating program'' and did not constitute ``true
recovery'' under the Act. Other commenters believed that it was
biologically immaterial to wolf population status and genetic vigor
whether such exchange occurred solely by natural dispersal or by human-
assisted migration management. Others stated that while natural
connectivity was desirable to reduce the need for management
intervention and cost, human-assisted migration management was an
important safeguard, if ever needed. Still other commenters concluded
that even if the GYA was totally isolated, biological problems are
unlikely to materialize at a meaningful level. These commenters pointed
to wolf biology, strong recovery standards for the ecosystem, and
actual real world cases of isolated wolf populations to support their
position. Opinions and theoretical predictions varied on what level of
gene flow was required and if State management practices would increase
or decrease those opportunities. Finally, commenters provided thoughts
on our draft memorandum of understanding regarding the protection of
genetic diversity of NRM gray wolves. Some commenters stated there was
no need for the MOU as State wolf management plans already committed
potential signees to manage the issue. Other commenters stated that a
promise of future action by the States was not legally sufficient to
resolve future genetic concerns and allow delisting. Some said the MOU
guaranteed genetic connectivity would never threaten the NRM wolf
population.
Response 10: Currently, genetic diversity throughout the NRM DPS is
very high (Forbes and Boyd 1996, p. 1084; Forbes and Boyd 1997, p. 226;
vonHoldt et al. 2007, p. 19; vonHoldt et al. 2008). Wolves in
northwestern Montana and both the reintroduced populations are as
genetically diverse as their vast, secure, healthy, contiguous, and
connected source populations in Canada; thus, inadequate genetic
diversity is not a wolf conservation issue in the NRM at this time
(Forbes and Boyd 1997, p. 1089; vonHoldt et al. 2007, p. 19). This
genetic health is the result of deliberate management actions by the
Service and its cooperators since 1995. It is misleading to compare the
large, connected, and genetically robust NRM wolf population to very
small, very inbred and very isolated wolf populations in order to
forecast theoretical problems the NRM population may have with genetic
diversity, let alone to an extent that could threaten the viability of
the NRM wolf population. Dr. L.D. Mech, the world's foremost authority
on wolves, responded to our inquiry about ways we might guarantee to
ensure the future genetic health of the NRM wolf population (Fuller et
al. 2003, p. 189-190; Groen et al. 2008) as ``I consider this a
nonissue.'' Genetic issues are discussed further in Factor E below.
We agree that a portion of the Service's recovery goal calls for
``genetic exchange between subpopulations'' (see the Recovery section
above). Genetic exchange was also a major focus of the July 18, 2008,
District Court preliminary injunction order. The Recovery section of
this rule now clarifies the Service's recovery goal, including the
genetic exchange portion of it, to correct any misunderstandings or
alternative interpretations of what constitutes biological wolf
recovery in the NRM. This section provides wording from past documents
to demonstrate that the Service recovery goal was never dependent on
natural connectivity or proven multi-generation genetic exchange within
any recovery segment. Instead, the primary purpose of this portion of
the recovery goal was to ensure that no recovery area was totally
isolated. The 1994 EIS (Service 1994, p. 6-7) defined a ``Recovered
wolf population'' as ``10 breeding pairs of wolves in each of 3 areas
for 3 successive years with some level of movement between areas.''
Natural dispersal and successful reproduction of radio-collared wolves
has been documented between all three subpopulation.
Some commenters provided scientific papers that dealt with
potential wildlife conservation problems resulting from low genetic
diversity and inbreeding, or that such problems were unlikely to be
resolved by only one immigrant. We appreciate those papers and
perspectives and recognize low genetic diversity can have costs to
population health. However, the problems resulting from low genetic
diversity and inbreeding cited were in wildlife populations that
started from very few founders and remained at low levels for long
periods of time, remained isolated, existed in small fragmented
habitats, and no management was taken to resolve problems. But even
those populations grew very rapidly in suitable habitat after human-
caused mortality was regulated. These examples have virtually no
relevance to the NRM wolf population. The NRM wolf population is large.
It started from many diverse founders, grew rapidly, has very high
genetic diversity, is not isolated, and it is attached to a Canadian
population composed of 12,000 wolves. Wolves in the NRM live in 3
genetically and demographically connected areas of secure suitable
habitat covering an area of nearly 240,000 km\2\ (100,000 mi\2\) and
management actions have been and will continue to be used to resolve
any actual genetic problems that might develop in the future. In
addition, the purpose of the Act is not to maximize genetic diversity
or to quibble about
[[Page 15142]]
genetic theory or the results of theoretical models and their
assumptions. The Act is intended to prevent species from becoming
extinct and clearly the NRM wolf population will never be threatened by
low genetic diversity, genetic drift, or inbreeding. See Factor E for a
detailed discussion of this issue.
Implementation of the recently finalized Genetics MOU (Groen et al.
2008), which was improved by public and peer review comment, makes it
even more unlikely that agency-managed genetic exchange would be
necessary in the foreseeable future. This MOU recognizes that genetic
diversity is currently very high throughout the NRM DPS and commits to
establish and maintain a monitoring protocol to ensure that necessary
levels of gene flow occur so that the population retains high levels of
genetic and demographic diversity (Groen et al. 2008). The number of
effective migrants needed to maintain genetic diversity in any one
recovery area is a function of its overall population size, the number
of dispersers that successfully breed, and the demographic parameters
of that population segment. As noted above, we believe current levels
of natural connectivity are sufficient to address any theoretical
genetic issues. However, we recognize work on this issue is ongoing.
The MOU ensures this issue will be appropriately managed into the
foreseeable future by the NRM DPS's State and Federal partners as new
information comes to light (Groen et al. 2008). Should genetic or
demographic issues ever materialize that could threaten the NRM wolf
population, an outcome we believe is extremely unlikely, the MOU
ensures States will implement techniques to facilitate agency-managed
genetic exchange (moving individual wolves or their genes into the
affected population segment) (Groen et al. 2008).
We believe Wyoming must institute additional protections to
facilitate natural genetic exchange. Specifically, the State's
regulatory framework should minimize take of non-problem wolves in all
suitable habitat and across all of Wyoming's potential migration routes
among NRM subpopulations. Statewide trophy game status will assist in
this regard as migrating wolves use the current predator area. This
measure is particularly important during peak dispersal, breeding, and
pup rearing periods. In addition to requiring that Wyoming manage for
at least 15 breeding pairs and at least 150 wolves in mid-winter in
their State, Wyoming must also manage for at least 7 breeding pairs and
at least 70 wolves in Wyoming outside the National Parks. Such
requirements are necessary to provide adequate buffers to prevent the
population from falling below recovery levels. This secondary goal will
provide dispersing wolves more social openings and protection from
excessive human-caused mortality. This will also maintain a
sufficiently large number of wolves in the GYA; larger population size
is a proven remedy to genetic inbreeding. Until Wyoming develops
adequate regulatory mechanisms, continued Federal management of the
Wyoming wolf population will maximize potential for genetic exchange.
Future Wolf Numbers
Issue 11: Many commenters pointed out that the States will manage
for fewer wolves than currently exist. Some commenters thought that
fewer wolves would reduce the number of dispersing wolves and limit
natural connectivity among the subpopulations. Others recommended that
we recognize and take into account the fact that wolf numbers can
fluctuate dramatically.
Response 11: The delisted NRM DPS wolf population is likely to be
reduced from its current levels of around 1,639 wolves by State
management. Below carrying capacity (the current carrying capacity of
suitable habitat in the NRM may be around 1,500 wolves), the population
is likely to continue to reproduce at high rates. However, attempts to
maintain the population above 1,500 wolves may be difficult because
suitable habitat will be fully occupied and packs attempting to
colonize unsuitable habitat would cause chronic conflict with
livestock. Regardless, wolf populations in the three States containing
most of the occupied and most of the suitable habitat in the NRM DPS
will be managed for at least 15 breeding pairs and at least 150 wolves
so that the population never goes below recovery levels. The entire NRM
wolf population is likely to consist of 973 to 1,302 wolves in 77 to
104 breeding pairs. Specifically, State projections indicate the NRM
wolf population in Montana and Idaho will likely be managed for around
673 to 1,002 wolves in 52 to 79 breeding pairs (See Recovery Planning
and Factor D). In Wyoming, the Act's protections will remain in place,
thus, Wyoming is likely to maintain a wolf population of about 300
wolves in 22 breeding pairs. We believe maintenance well above the
minimum recovery goal is more than sufficient to maintain wolf recovery
in the NRM.
We recognize that the planned reduction in overall population
numbers could reduce dispersal and connectivity among subpopulations.
If the population is managed for over a thousand wolves, as expected,
we believe the impact on dispersal and connectivity will be negligible.
If the population is managed to the minimum recovery target of 150
wolves per State, dispersal would be noticeably impacted, which could
require costly and intensive management to mitigate. However, even when
wolf populations were low in number and throughout the period when
mortality averaged 23 percent of the population annually, some
dispersal events occurred between all three recovery areas. We expect
some dispersal will continue regardless of the number managed for.
State and Tribal management in Montana and Idaho, in combination with
continued Federal management of Wyoming, will continue to focus on this
issue, especially in regards to the GYA. We believe these efforts will
ensure sufficient levels of connectivity among the subpopulations.
Should genetic issues that could threaten the population ever
materialize, an outcome we believe is extremely unlikely, agency-
managed genetic exchange will be used to correct the issue.
We and our State partners recognize that all wildlife populations,
including wolves, can fluctuate widely over a relatively short period
of time. By managing for at least 50 percent above the minimal recovery
levels, and likely for over one thousand wolves, State and Federal
management provide an adequate safety margin. This margin, combined
with the State's commitment to adaptively manage the species as needed,
adequately addressed concerns about population fluctuations.
Additional Recovery Efforts
Issue 12: Several commenters thought that the Service should have
modified our recovery planning and implementation efforts after
revising the listing to a single lower 48-State listing in 1978.
Commenters requested we develop a single recovery plan for the lower
48-State listed entity before delisting any portion of it. Other
commenters thought that the Service should use subspecies to identify
DPSs across the gray wolf's historical range, and these DPSs should
replace or supplement the current recovery zones. Still others
expressed their opinion that additional recovery efforts across the
entire lower 48-States were unwise and unnecessary. The adjacent States
of California, Nevada, Colorado, Utah, Oregon, and Washington were
mentioned most frequently for additional recovery programs. Other
[[Page 15143]]
commenters recommended wolves be reintroduced into places such as
Central Park in New York City or the National Mall in Washington, DC.
Response 12: We believe possible future wolf recovery efforts are
beyond the scope of this rulemaking as such actions are not necessary
to ensure that the NRM DPS remains unlikely to become endangered in the
foreseeable future throughout all or a significant portion of its
range.
Nevertheless, let us clarify our position on this issue. As noted
in the 1978 reclassification rule, we replaced the previous subspecies
listings with a single conterminous 48-State entity in order to ``most
conveniently'' handle the gray wolf listing. Our 1978 reclassification
rule provided assurances that we would continue to recognize valid
biological subspecies for purposes of our research and conservation
programs (39 FR 1171, January 4, 1974). The NRM DPS approximates the
U.S. historic range of the purported NRM gray wolf subspecies (C. l.
irremotus) (Service 1980, p. 3; Service 1987, p. 2; 39 FR 1171, January
4, 1974). We never intended, nor do we think it is realistic, to
recover the species across the entire lower 48-States.
Finally, we believe we have satisfied our statutory
responsibilities for recovery planning. Section 4(f)(1) of the Act
instructs us to develop plans for the conservation and survival of
threatened and endangered species. The Act further states that priority
be given to species that are most likely to benefit from such plans. To
this end, we have prioritized gray wolf recovery planning efforts to
focus on the NRM, the Great Lakes Region, and the Southwest. We
completed a recovery plan for the NRM in 1980 and revised it in 1987.
In the Great Lakes Region, we completed a recovery plan in 1978 and
revised it in 1992. In the Southwest, a recovery plan was completed in
1982. Any additional planning is discretionary. At this time the
Service's resources will be focused on delisting the recovered wolf
populations in the Midwest and NRM, and recovering gray wolves in the
southwest and red wolves (Canis rufus) in the southeast.
Issue 13: Several commenters thought that wolf recovery should
require recolonization of all historical range or, at least, the
portions of the historical range that could be made suitable. Some
recommended that wolves remain listed to promote wolf restoration
within unoccupied portions of the species' historic range, both in and
beyond the NRM DPS. Others indicated that the concepts of resiliency,
redundancy, and representation need to be addressed over a much broader
area. Some believed that our interpretation of recovery led us to focus
on occupied habitat and controlling excessive rates of human-caused
mortality rather than ``true recovery.'' It was stated that ``true
recovery'' requires natural connectivity or linkage, protection and
enhancement of existing population levels, widespread habitat
protection and restoration, and protective regulatory mechanisms.
Response 13: We believe these recommendations would expand the
purpose of the Act. The Act defines conservation as the use of all
methods and procedures necessary to bring any endangered or threatened
species to the point where the measures provided pursuant to the Act
are no longer necessary. According to our implementing regulations (50
CFR 424.11), when a species no longer meets the definition of an
endangered or threatened species under the Act, it is recovered, and we
are to delist it.
Restoration of historically occupied areas can play a role in
achieving the goal of recovery. In this case, occupancy has been
restored and will be maintained across the vast majority of the
suitable habitat with the NRM DPS. Maintained occupancy across most
suitable habitat in Montana and Idaho ensures that the NRM DPS remains
unlikely to become endangered in the foreseeable future throughout all
of its range. Continued Federal protections in Wyoming ensure this
significant portion of the NRM DPS will be maintained. Occupancy across
large portions of the historical range, unless required to preclude the
NRM DPS from again becoming threatened or endangered, are beyond the
requirements of the Act.
Reintroducing wolves to areas of highly unsuitable habitat outside
the NRM was not considered relevant to this rule. Furthermore, most
historic wolf habitat in the contiguous United States has been so
modified by people that it is currently unsuitable for wolves.
Resiliency, redundancy, and representation (described in detail in
the Conclusion of the 5-Factor Analysis section below) are important
factors in the long-term conservation status of any species (Shaffer
and Stein 2000). Within the NRM DPS, each of the States and each of the
recovery areas meaningfully contributes to its resiliency, redundancy,
and representation. Across the lower 48-States, the three wolf
populations in the lower 48-States (WGL DPS, NRM DPS, and Mexican wolf)
provide the necessary resiliency, redundancy, and representation. These
three populations also represent all the genetic diversity remaining in
wolves south of Canada after their widespread extirpation during
European colonization (Leonard et al. 2005, p. 9). Additionally, the
species remains abundant in many areas of the northern hemisphere.
Collectively, this information shows that these principles of
conservation biology are satisfied.
We dispute the assertion that we have inappropriately focused our
recovery efforts on occupied habitat and mortality control. In fact, we
have focused recovery efforts on wolf population levels, distribution,
habitat, connectivity, all forms of mortality, wolf/human conflicts,
diseases and parasites, predation, human attitudes, genetics, and
dispersal (Service et al. 2002-8). We have worked to maintain public
tolerance of wolves by limiting damage to private property. These
recovery efforts led to significant increases in wolf numbers and
range, allowing wolves to reoccupy habitats they were absent from since
the 1930s. Our efforts also provided demographic, genetic, and habitat
security. Wolf packs now occupy most of the large blocks of suitable
habitat within the DPS. This comprehensive approach to recovery will be
continued under State management in Montana and Idaho in the future.
Additional recovery actions necessary to achieve a more widely
distributed and numerically abundant population are not necessary to
meet the definition of recovered under the Act.
Issue 14: Many commenters thought that we failed to recognize the
ecological importance of trophic cascades (the ripple effect in
predator, herbivore, plant, and scavenger communities caused by
restoring a keystone species like wolves) and ecological effects
emanating from wolf restoration in the NRM. Some commenters stated that
the Act mandates that a species be ``ecologically effective.'' Still
other commenters thought we should use an ``ecosystem approach'' when
implementing recovery. Finally, some commenters suggested delisting
does not fulfill parts of the Service mission which includes, ``working
with others, to conserve, protect and enhance fish, wildlife, and
plants and their habitats for the continuing benefit to the American
people.''
Response 14: We recognize that wolf recovery appears to have caused
trophic cascades and ecological effects that affect numerous other
animal and plant communities, and their relationships with each other.
These effects have been most pronounced in pristine areas, such as in
YNP. While these effects likely
[[Page 15144]]
still occur at varying degrees elsewhere, they are increasingly
modified and subtle the more an area is affected by humans (Smith et
al. 2003, pp. 334-338; Robbins 2004, pp. 80-81; Campbell et al. 2006,
pp. 747-753; Hebblewhite et al. 2005, p. 2135; Garrott et al. 2005, p.
1245). While some believe we should stall delisting until these
cascading ecological effects are restored throughout the DPS or beyond,
this approach is not a requirement of the Act. Instead, when a species
no longer meets the definition of an endangered or threatened species
under the Act, it is recovered, and we are to delist it. Similarly, the
Act does not require that we achieve or maintain ``ecological
effectiveness'' (i.e., occupancy with densities that maintain critical
ecosystem interactions and help ensure against ecosystem degradation)
(Soule et al. 2003, p. 1239).
Service policy intends that we apply an ecosystem approach in
carrying out our programs for fish and wildlife conservation (National
Policy Issuances 95-03 and 96-10; 59 FR 34274, July 1, 1994). The goal
of such an approach is to strive to contribute to the effective
conservation of natural biological diversity through perpetuation of
dynamic, healthy ecosystems when carrying our various mandates and
functions. Preserving and recovering endangered and threatened species
is one of the more basic aspects of an ecosystem approach to
conservation. Successful recovery of a rare species requires that the
necessary components of its habitat and ecosystem be conserved, and
that diverse partnerships be developed to ensure the long-term
protection of those components. Thus, the recovery success demonstrated
for gray wolves, a keystone or ``highly interactive species'' (as
defined by Soule et al. 2003), also is a demonstration of the ecosystem
approach.
Finally, we believe delisting portrays successful adherence to our
mission statement. Gray wolf recovery programs involve many partners in
the private and public sector, at all levels of government, and include
numerous other State and Federal agencies. The wolf recovery successes
described in this rule resulted from working with others to conserve,
protect, and enhance gray wolf populations in the NRM. That success has
now reached a point where the NRM wolf population, except Wyoming, no
longer qualifies for protection under the Act, so we are delisting most
of the NRM DPS. Long-term maintenance of a recovered gray wolf
population will provide a continuing benefit to the American people.
Issue 15: Some commenters suggested that we should delist gray
wolves in areas outside of the proposed DPS because: Wolves are common
elsewhere (in other areas of the lower 48 States or in Alaska and
Canada); wolves have recovered (in that area or elsewhere); wolves are
extirpated in many areas and could be delisted on the basis of
extinction in those areas; keeping wolves listed where there is little
or no suitable habitat results in irresolvable conflicts; and a State
can manage a resident species better than the Federal government.
Response 15: The Federal status of wolves under the Act outside of
the NRM DPS is beyond the scope of this action. An evaluation of these
areas for either delisting or additional recovery efforts will be
forthcoming in a separate effort.
Identifying the NRM Distinct Population Segment
Issue 16: Some commenters suggested that we improperly recognized
the NRM DPS. Some asserted that the Service may not identify a DPS
within a broader pre-existing listed entity for the purpose of
delisting the DPS. Other held the opposite view, that a DPS-level
delisting was allowed. These commenters also noted that the NRM
population met the DPS policy's criteria for discreteness and
significance, thus, should be recognized as DPS. They suggested that
precluding delisting until entire lower 48-State entity was recovered
would punish the States that had recovered the species. Some opined
that a DPS could not be created and delisted in the same listing
action.
Response 16: As described above, we have determined the NRM DPS is
biologically based, appropriate, and was developed in accordance with
the Act and the Distinct Vertebrate Population Segment Policy. Our
ability to identify a DPS within a broader pre-existing listed entity
was the subject of a recent decision of the U.S. District Court for the
District of Columbia (Humane Society of the United States v.
Kempthorne, Civil Action No. 07-0677 (PLF) (D.D.C., Sept. 29, 2008)).
This order remanded and vacated our February 7, 2008, final rule that
identified the WGL DPS of gray wolves and determined that these wolves
should be delisted (72 FR 6052). The court found that the Service had
made that decision based on its interpretation that the plain meaning
of the Act authorizes the Service to create and delist a DPS within an
already-listed entity. The court disagreed, and concluded that the Act
is ambiguous as to whether the Service has this authority. The court
accordingly remanded the final rule so that the Service could provide a
reasoned explanation of how its interpretation is consistent with the
text, structure, legislative history, judicial interpretations, and
policy objectives of the Act.
While the Service acknowledges that the ESA is arguably ambiguous
on the ``precise question'' posed by the court, it notes that the
court's question does not accurately describe what we did in the Final
Rule. What we actually did, under the precise language of the Act, was
to determine, pursuant to section 4(a)(1), that gray wolves in the
Western Great Lakes area constituted a DPS and that the DPS was neither
endangered nor threatened, and then revised the list of endangered and
threatened species, pursuant to section 4(c)(1), to reflect those
determinations. Our conclusion is that we had clear authority to make
the determinations and the revisions. We did not delist a previously
unlisted species; rather, we revised the existing listing of a species
(the gray wolf in the lower 48 States) to reflect a determination that
a sub-part of that species (the Western Great Lakes DPS) was healthy
enough that it no longer needed the ESA's protections and such action
is the same as the action we are taking today regarding the NRM DPS
when we determine that wolves in most of the NRM DPS no longer need ESA
protections and that the List of Threatened and Endangered Wildlife
should be revised to reflect the current status of these wolves. Our
authority to make these determinations and to revise the list
accordingly is found in the precise language of the ESA. Moreover, even
if that authority was not clear, our interpretation of this authority
to make determinations under section 4(a)(1) and to revise the
endangered and threatened species list to reflect those determinations
under section 4(c)(1) is reasonable and fully consistent with the ESA's
text structure, legislative history, relevant judicial interpretations,
and policy objectives.
As stated previously, on December 12, 2008, a formal opinion was
issued by the Solicitor, ``U.S. Fish and Wildlife Service Authority
Under Section 4(c)(1) of the Endangered Species Act to Revise Lists of
Endangered and Threatened Species to `Reflect Recent Determinations' ''
(U.S. DOI 2008). This opinion represents the views of the Service and
fully supports the Service's position that it is authorized in a single
action to identify a DPS within a larger listed entity, determine that
the DPS is neither endangered nor threatened, and then revise the List
of Endangered and
[[Page 15145]]
Threatened Wildlife to reflect those determinations. The opinion also
notes that, although the term ``delist'' is not used in the Act, it is
used extensively in the regulations implementing the section 4 listing
provisions of the Act, such as 50 CFR 424.11(d). As explained in
footnote 8 to the Solicitor's opinion, ``As used by FWS, ``delisting''
applies broadly to any action that revises the lists either to remove
an already-listed entity from the appropriate list in its entirety, or
to reduce the geographic or taxonomic scope of a listing to exclude a
group of organisms previously included as part of an already-listed
entity (as was the case with the Western Great Lakes DPS of gray
wolves).'' The Service fully agrees with the analysis and conclusions
set out in the Solicitor's opinion and this action is consistent with
the opinion. The complete text of the Solicitor's opinion can be found
at http://www.fws.gov/midwest/wolf/.
In regard to the NRM wolves, such an approach is further supported
by the fact that the DPS is consistent with over 30 years of recovery
efforts in the NRMs in that: (1) The DPS approximates the U.S. historic
range of the NRM gray wolf subspecies (C. l. irremotus) (Service 1980,
p. 3; Service 1987, p. 2) which was the originally listed entity in
1974 (39 FR 1171, January 4, 1974); (2) the DPS boundaries are
inclusive of the areas focused on by both NRM recovery plans (Service
1980, pp. 7-8; Service 1987, p. 23) and the 1994 environmental impact
statement (EIS) (Service 1994, Ch. 1 p. 3); and (3) the DPS is
inclusive of the entire Central-Idaho and Yellowstone Non-essential
Experimental Population areas (59 FR 60252, November 22, 1994; 59 FR
60266, November 22, 1994; 50 CFR 17.84 (i) & (n)).
Issue 17: Some commenters suggested that the NRM gray wolf
population is not a DPS because all populations in the lower 48 States
were once connected. Thus, the population should not be considered
discrete.
Response 17: A comprehensive evaluation of the NRM gray wolf
population's discreteness is included in the ``Analysis for
Discreteness'' section of the rule above. Historical distribution has
no bearing on the NRM population's current discreteness. The boundaries
of the NRM DPS consider likely dispersal distances and surrounding
unsuitable habitat. We believe a continuous uninterrupted population
throughout the lower 48-States, as existed historically, is not
achievable. The best scientific and commercial information available
indicates the NRM population will remain markedly separated from other
gray wolf populations in the lower 48-States. Occupancy in the
intervening areas is unsustainable because the areas have been too
modified by people for wolves to survive.
Issue 18: Several people stated that the DPS policy is to be used
only in listing decisions and that using it in a delisting decision
violates Congressional intent and the legislative and statutory
structure of the Act.
Response 18: The Act, its implementing regulations, and our DPS
policy provide no support for this interpretation. Section 4(a)(1) of
the Act directs the Secretary of the Interior to determine whether
``any species'' is endangered or threatened. Numerous sections of the
Act refer to adding and removing ``species'' from the list of
threatened or endangered plants and animals. Section 3(15) defines
``species'' to include any subspecies ``* * * and any DPS of any
species of vertebrate fish or wildlife * * *'' The Act directs us to
list, reclassify, and delist species, subspecies, and DPSs of
vertebrate species. It contains no provisions requiring, or even
allowing, DPSs to be treated in a different manner than species or
subspecies when carrying out the listing, recovery, and delisting
functions mandated by section 4. Furthermore, our DPS Policy states
that the policy is intended for ``the purposes of listing, delisting,
and reclassifying species under the Act'' (61 FR 4722, February 7,
1996), and that it ``guides the evaluation of distinct vertebrate
population segments for the purposes of listing, delisting, and
reclassifying under the Act'' (61 FR 4725, February 7, 1996).
These comments also overlook the untenable situation that would
arise if DPSs could be listed, but could never be delisted, after they
have been successfully recovered. Clearly Congress did not envision
such an outcome when amending the definition of species to include
vertebrate DPSs.
Issue 19: Some commenters pointed out that the recognition of the
NRM DPS created a remnant population. Some commenters suggested this
violates the Act as the Act allows us to ``consider listing only an
entire species, subspecies, or DPS'' (Alsea Valley Alliance v. Evans,
161 F. Supp. 2d 1154, 1162 (D. Or. 2001)); therefore, we cannot declare
part of a listed species a DPS without also identifying the remaining
listed species as DPS(s).
Response 19: While in some situations it may be appropriate to
recognize multiple DPSs simultaneously, the Act does not require it.
This flexibility allows the Service to subsequently list or delist
additional DPSs when additional information becomes available or as the
conservation status of the taxon changes. Importantly, a court stated
that the Act allows this flexibility. In National Wildlife Federation
v. Norton (385 F. Supp. 2d 553, 565 (D. Vt. 2005), the court found that
``Nowhere in the Act is the Secretary prevented from creating a `non-
DPS remnant,' especially when the remnant area was already listed * *
*'' Our current identification of a NRM DPS, while retaining the
remaining other wolves listed as endangered or nonessential
experimental, is consistent with this aspect of the District Court's
ruling.
Furthermore, just as the NRM DPS is discrete from the remaining
populations in the lower 48 States, the remaining populations are
discrete from the NRM DPS. The amended lower 48 State listing is
discrete from Canadian populations of gray wolf as delineated by the
United States/Canadian international boundary, with significant
differences in control of exploitation, management of habitat,
conservation status, and regulatory mechanisms. The amended lower 48
State listing is significant in that its loss would result in a
significant gap in the range of the taxon (C. lupus). Therefore, the
amended lower 48 State listing is discrete and significant.
Issue 20: Some commenters felt that a wolf dispersing outside of
the DPS boundaries (e.g., into Colorado) may create confusion among
State, Federal, and Tribal agencies regarding the status of that wolf.
To address this confusion, some believed that any wolf originating from
the NRM DPS should be considered part of that DPS, regardless of where
it is geographically.
Response 20: Consistent with Section 4(c) of the Act, the status of
individual members of a species, subspecies, or DPS is dependent on
their geographic location. We used easily identifiable boundaries, such
as the center line of major highways or State borders, to minimize
management confusion. Once this rule goes into effect, if a wolf goes
beyond the NRM DPS boundary, it attains the listing status of the area
it has entered (i.e., endangered in much of the lower 48 States, except
where listed as nonessential experimental or delisted). Similarly, if a
wolf enters the NRM DPS, except Wyoming, it would not be listed and
would be managed according to the relevant State management plan. If a
wolf enters Wyoming, it will be regulated as a non-essential,
experimental population per 50 CFR 17.84 (i) and (n). State and Federal
agencies across the region are aware of and understand the
[[Page 15146]]
management implications of this action. While we believe that future
dispersal and conflicts outside the DPS will be rare, we will continue
to work with any affected States or Tribes to resolve them.
Issue 21: Numerous commenters suggested the boundary of the DPS was
improperly developed. Some commenters suggested the DPS should have
been larger, while others thought it should have been smaller. Some
opined that the size of the NRM DPS prevents wolf dispersal outside the
DPS to other areas of suitable habitat, thus the unsuitable habitat at
the edges of the DPS became a barrier to dispersal. Some believe that
because the boundaries were mainly highways or State borders, they were
arbitrary and not based on sound biological principles or natural
features like rivers. Montana recommended a DPS of only Montana, Idaho,
and Wyoming based on the presence of a wolf population and State
regulations guiding post-delisting wolf management. The adjacent States
requested that the NRM DPS boundary be changed to include most of Utah,
Nevada, and Oregon, western North and South Dakota, and none of
Washington.
Response 21: The boundary of the NRM DPS was determined by
analyzing the distribution of potentially suitable and unsuitable
habitat for wolves in the NRM and the documented dispersal distances of
radio-collared wolves. These factors are the most likely to influence a
split between the NRM DPS and other potential areas of occupancy. A
smaller DPS might split the biological entity. A larger DPS might split
a neighboring biological entity, should one ever be established.
The boundary of the DPS was determined by the dispersal distances
of wolves. The Service does not proactively prevent wolf dispersal in
Montana, Idaho, or Wyoming. Likewise, Washington and Oregon State laws
are, in general, as protective of wolves as the Act's experimental
population regulations so the potential dispersal of wolves in those
states is unaffected by delisting. Utah law also protects dispersing
wolves, but such a small part of Utah will be delisted that it is
unlikely to significantly affect dispersal into the endangered parts of
Utah. Delisting simply means the federal legal framework for wolf
conservation transitions to State law and regulation, not that wolves
become unprotected. We conclude that the DPS boundary is unlikely to
significantly affect the overall rate or survival of long distance
dispersers. However, it will still remain unlikely that enough wolves
will disperse outside the NRM DPS to start new populations because of
the distances involved and the large amount of contiguous unsuitable
habitat that is between NRM wolf breeding pairs and the closest
theoretical suitable habitat capable of supporting wolf breeding pairs
outside the NRM DPS.
According to our DPS policy, an artificial or manmade boundary
(such as Interstate, Federal, and State highways, State borders) may be
used as a boundary of convenience in order to clearly identify the
geographic area included within the DPS. We believe such use of easily
understood boundaries will promote public understanding of the listing
and ease in future management. In this case, the NRM DPS boundaries
were defined along easily identifiable boundaries that represent the
most appropriate DPS for this population (see DPS discussion in this
rule for our rationale). While some suggested ``more biological''
boundaries like rivers or geological features, we do not believe such
boundaries are of any greater biological meaning to wolves given their
ability to cross such geographic features. In our view, the biological
factors considered are likely to have the greatest influence on
separation among populations.
Defining Suitable Habitat
Issue 22: Some thought we should explain why some historically
occupied lands were excluded from our definition of suitable habitat.
Many commenters questioned our finding that peripheral portions of the
DPS were insignificant. These commenters felt that this approach
prevents further recovery by prematurely delisting unoccupied areas.
These commenters requested that delisting in unoccupied areas should be
precluded until threats are resolved in these areas and occupancy is
secured. These commenters also contended that delisting such areas
severed critical dispersal corridors. Some commenters cited wolf
establishment in ``unsuitable'' portions of Oregon as evidence our
position was in error.
Response 22: Our identification of suitable habitat was based on
the best scientific and commercial information available regarding pack
persistence. Many areas of historic wolf habitat are no longer capable
of supporting packs. Most of these areas have been so modified by human
activities as to be unsuitable for wolves. This issue is discussed in
more detail in Factor A below.
We based our predictions of suitable and unsuitable habitat on the
best scientific and commercial information as of the time of this rule.
Oakleaf et al.'s (2006, p. 558) depiction of suitable habitat has been
remarkably accurate when compared to wolf pack distribution over the
past 6 years (Service et al. 2008, Figure 1). Carroll's et al. 2006)
model was similar to Oakleaf's and it predicted some suitable habitat
in northeast Oregon. We expect that someday a wolf pack will be
confirmed in that area.
A hundred years ago, people decided that wolves cannot live near
livestock or people and so they exterminated all the wolves. Today,
some people use the belief that wolves cannot live near livestock as a
justification for removing all the livestock. It is true that wolves
are such resilient animals that unsuitable habitat (e.g., mainly
private prairie used for livestock grazing or human developments) could
be transformed to suitable habitat by removing livestock, people, and
human developments. However, this scenario is not realistic or
necessary because far more than enough suitable habitat (e.g., mainly
federal parks or forests containing abundant wild ungulates) exists to
support many times over the minimum requirements of a recovered and
viable wolf population. Such extreme measures are not reasonable and
are not warranted or necessary to achieve wolf recovery in the NRM.
Issue 23: Some commenters felt that we improperly considered more
than biological criteria in defining suitable habitat by allowing the
definition of suitable to consider human tolerance. Others stated that
we misinterpreted the habitat suitability models because they only
present probabilities of successful occupation by wolves under current
conditions.
Response 23: Suitable habitat for pack persistence considered a
variety of factors, including, but not limited to, mortality. Suitable
wolf habitat in the NRM is generally characterized as public land with
mountainous, forested habitat that contains abundant year-round wild
ungulate populations, low road density, low numbers of domestic
livestock that are only present seasonally, few domestic sheep, low
agricultural use, and few people. Unsuitable wolf habitat is not
capable of supporting persistent packs. In the NRM, unsuitable habitat
is generally considered to have the characteristics: Private land, flat
open prairie or desert, low or seasonal wild ungulate populations, high
road density, high numbers of year-round domestic livestock including
many domestic sheep, high levels of agricultural use, and many people.
When wolves occur in places with high levels of human activity, they
experience an increased mortality risk. The level of impact from such
mortality is directly related to the
[[Page 15147]]
location and numbers of humans and their activities. We recognize that
areas unsuitable for pack persistence may still be occasionally
traversed by wolves. Thus, some minimal level of protection is
necessary in these areas.
In terms of suitable habitat models, we recognize that none of the
available models are exact indicators of what is ``suitable.'' Each
model only identifies areas with a 50 percent or greater chance of
being suitable. Thus, we made our determination based upon a number of
factors including, but not limited to, these models.
Foreseeable Future
Issue 24: Some folks believed that limiting foreseeable future to
30 years was inappropriate.
Response 24: We revised our definition of foreseeable future to
take into account the variability of what is foreseeable for each
threat factor. For some threat factors, a time horizon of more than 30
years may be appropriate. For example, for our consideration of
genetics (discussed under Factor E below), we reviewed a paper that
looked 100 years into the future (vonHoldt et al. 2007).
Potential Threats to the NRM DPS
Issue 25: A number of commenters disputed our analysis of the five
listing factors, suggesting alternative scenarios where the NRM wolf
population would be threatened in the future.
Response 25: We updated and augmented the final rule's five-factor
analysis to address specific issues raised. Our analysis of all of
meaningful potential threat factors revealed that: (1) The NRM DPS is
not threatened or endangered throughout ``all'' of its range (i.e., not
threatened or endangered throughout all of the DPS); but (2) the
Wyoming portion of the range represents a significant portion of range
where the species remains in danger of extinction because of inadequate
regulatory mechanisms. Thus, this final rule removes the Act's
protections throughout the NRM DPS except for Wyoming. Wolves in
Wyoming will continue to be regulated as a non-essential, experimental
population.
Issue 26: Some commenters felt that we did not fully evaluate or
acknowledge the potential impacts from oil and gas development or other
human development on the wolf population. Other habitat issues in the
NRM that required additional consideration included rapid human
population growth and the resulting increase in houses, roads,
recreation, and wolf/human conflicts.
Response 26: These issues are now considered under Factor A below.
Issue 27: Some commenters thought that the Service should reduce
the future threat to wolves by requiring that livestock be reduced or
eliminated on public lands.
Response 27: Wolves and livestock, primarily cattle and horses, can
live near one another for extended periods of time without significant
conflict if agency control prevents the behavior of chronic livestock
depredation from becoming widespread in the wolf population. Through
active management, most wolves learn that livestock can not be
successfully attacked and do not view them as prey. However, when
wolves and livestock mix, some livestock and some wolves will be
killed. Furthermore, when wolves learn to attack livestock, the
behavior is quickly learned by other wolves if it is not stopped.
Because wild ungulates commonly winter on private property, even wolves
that prey exclusively on wild ungulates will be in proximity to
livestock during some portion of the year. Wolf recovery has occurred
and will be maintained without substantial modification of traditional
western land-use practices and without requiring the removal of
livestock from public grazing allotments. Public lands in the NRM can
have both large predators and seasonal livestock grazing. Livestock
grazing practices on public and private lands do not need to be
modified because wolf recovery is not threatened by the current levels
of these activities. We believe State management will continue to
successfully balance traditional livestock grazing practices, open
space, and wolf conservation. If the wolf population were to expand
significantly beyond its current outer boundaries, we anticipate that
the level of livestock depredation would significantly increase. See
Response 22.
Issue 28: Some commenters were concerned about humane treatment of
wolves and were opposed to certain methods of take, particularly aerial
gunning and poisoning. Numerous parties suggested that the Service
should not allow public hunting of wolves. Others suggested that we
should require the use of non-lethal control tools to reduce conflict
with livestock.
Response 28: After delisting, the State, Tribal, and Federal
entities will regulate take in a manner that will not threaten the wolf
population. Wolves listed as a game animal (i.e., all wolves within the
NRM DPS where the Act's protections are being removed) can only be
taken by the public as proscribed by State statute, usually fair chase
hunting or as furbearers by regulated trapping. Public take of wolves
in the act of depredating on domestic animals is regulated by State
defense of property laws and is limited to shooting. Wildlife agency
professionals adhere to specific protocols when they capture, handle,
or euthanize wildlife for research or management purposes. In the vast
majority of situations, wolf control will be accomplished by regulated
public hunting and trapping or agency control of problem wolves. State
authorized wolf control may include, just as the federally authorized
control program currently does, gunning from the air and ground
trapping and, in a few cases, removing pups from dens. Deliberate
poisoning of wolves will not be allowed due to current Environmental
Protection Agency label restrictions on the use and application of all
poisons (including M-44 devices) capable of killing wolves. Protections
in National Parks would continue and would be unaffected by delisting.
Hunting (and in some areas even unregulated hunting) has not
threatened wolf populations (Boitani 2003). Hunting is a valuable,
efficient, and cost-effective tool to help manage wildlife populations.
Viable robust wolf populations in Canada, Alaska and other parts of the
world are hunted and trapped and are not threatened by that type of
take. The wolf population in Wyoming would remain listed and could not
be legally hunted or trapped by the public under this rule. The Service
recognized (Service 1994, p. 1-13) and encouraged (Bangs et al. in
press; Bangs 2008) State wolf management programs to incorporate
regulated public hunting in their wolf conservation programs.
Conservation programs to restore large predators such as mountain
lions, black bears, and wolves succeeded because of the historic
restoration of wild ungulates, such as elk and deer, by State fish and
game agencies and hunter dollars and involvement (Geist et al. 2001, p.
175-181).
While not required by the Act, the State, Tribal, and Federal
managers will continue to use a combination of management options in
order to reduce wolf/human conflicts, including nonlethal forms (Bangs
et al. 2006). However, these methods are only effective in some
circumstances, and no single tool is a cure for every problem. Lethal
control will still be required in many circumstances. Lethal control
also can improve the overall effectiveness of non-lethal methods
(Brietenmoser et al. 2005, p. 70). In areas of the NRM DPS with year-
round high livestock density (unsuitable habitat) it is almost
[[Page 15148]]
impossible to prevent chronic livestock depredation if wolf packs form
in those areas.
Issue 29: Some commenters suggested that periodic population
declines in portions of the NRM DPS related to disease occurrence and
wolves killing other wolves to self-regulate the population
demonstrated that delisting was premature.
Response 29: There is a natural limit to how many wolves suitable
habitat in the NRM can support. Preliminary data indicates wolf pack
distribution has been stagnant since 2002, livestock conflicts and wolf
control have increased (in some areas), and wolf numbers maybe
stabilizing and that may limit the population long-term to around 1,500
wolves. Wolf populations above carrying capacity appear to be more
susceptible to disease than those below carrying capacity (Mech et al.
2008, p. 833; Kreeger 2003, p. 202).
Exposure to canid diseases is high in the NRM and localized disease
outbreaks will continue to periodically occur but no diseases have
impacted wolf recovery. State plans commit to monitoring wolf health to
ensure any impacts caused by diseases or parasites are quickly
detected. Furthermore, wolf numbers become regulated by the amount of
available prey, intra-species conflict, other forms of mortality, and
dispersal. Intra-species conflict appears to intensify when areas reach
``social maximums.'' By managing for at least 50 percent above the
minimal recovery levels, State and Federal management provide an
adequate safety margin for such events. This margin, combined with the
State's commitment to adaptively manage the species as needed,
adequately addressed concerns about periodic population declines.
Furthermore, wolf populations can rapidly recover from severe
disruptions if mortality is reduced; increases of nearly 100 percent
per year have been documented in low-density suitable habitat (Fuller
et al. 2003, pp. 181-183; Service et al. 2009, Table 4). Wolf biology
in combination with careful monitoring and management ensure periodic
population declines will not threaten or endanger the NRM DPS.
Issue 30: Many people commented that the State regulatory
frameworks were not adequate and should not have been approved. Some
commenters cited anti-wolf statements by public officials and county
ordinances as evidence that persecution of wolves will resume if
delisting occurs.
Response 30: We recognize that human persecution of wolves was the
primary reason for their wide-spread extirpation across North America.
We fully analyzed the nature and magnitude of this threat in Factors C,
D, and E. below. Despite statements to the media by some public
officials and some county ordinances that, if implemented, would be
problematic for maintenance of a recovered wolf population, the
official written policy and laws of the States supersede county rules
and authorities and statements by politicians reported by the media.
Our evaluation of State regulatory mechanisms considered all available
laws, regulations, ordinances, resolutions, memorials, statements by
elected officials, and State plans. State and Federal management
ensures the continued long-term maintenance of a recovered NRM wolf
population.
Issue 31: Many commenters were concerned the States would not honor
their commitments or would change their regulatory framework in a
manner inconsistent with their wolf management plans after delisting.
Such commenters pointed to State law or regulatory protections that
changed after the publication of our previous final delisting
determination.
Response 31: We recognize that States can alter their regulatory
framework after we issue a final delisting rule. Therefore, per our
post-delisting monitoring requirements, we will initiate a status
review to determine if relisting is warranted if States alter their
State laws or management objectives in a manner that significantly
increases the threat to the wolf population. Should relisting be
required, we may make use of the emergency listing authorities under
section 4(b)(7) of the Act to prevent a significant risk to the well-
being of any recovered species. This measure will preclude inadequate
regulatory mechanisms from threatening the wolf population in any State
or recovery area. While our post-delisting monitoring window is 5
years, meaningful changes in State law or management objectives that
would significantly increase the threat to the wolf population could
lead to reconsideration of listing, including the potential for
emergency listing, at any point. For example, if a State changed their
regulatory framework to authorize the unlimited and unregulated taking
of wolves, a condition we have previously determined threatened a wolf
population, emergency listing would be immediately pursued. Finally, as
an additional layer of protection, the Act allows for citizen petitions
to consider relisting should the population's status change.
Issue 32: Some commenters indicated that that the States' defense
of property laws represented an unregulated taking of wolves, because
wolves could be killed regardless of the wolf population's status
relative to the minimum recovery criteria. Other commenters suggested
that we ignored the possibility of illegal take increasing once the
protections of the Act were removed. Some commenters pointed to the
high mortality levels that occurred after the previous delisting became
effective as evidence that existing regulatory mechanisms are not
adequate.
Response 32: Except for the mortality that occurred in Wyoming's
predatory animal area, nearly all of the NRM wolf mortality that
occurred after our previous delisting took effect would have occurred
even if the Act's protections had remained in place. In terms of take
authorization, Idaho's and Montana's regulatory frameworks are similar
to the existing nonessential experimental population regulations (59 FR
60252, November 22, 1994; 59 FR 60266, November 22, 1994; 70 FR 1286,
January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR 17.84(i) & (n)).
All forms of take will be considered in the States' total allowable
mortality levels. While we expect the delisted NRM wolf population to
be reduced from current levels, the NRM DPS will be managed for at
least 15 breeding pairs and at least 150 wolves and is likely to
consist of 973 to 1,302 wolves in 77 to 104 breeding pairs. Should
periodic and unanticipated disruptions occur, wolf biology in
combination with careful monitoring and management ensure declines will
not threaten or endanger the NRM DPS. Montana and Idaho will manage the
wolf population at high enough levels over their State minimums to
provide a more than adequate safety margin for any additional Defense
of Property take of wolves by private citizens. Furthermore, we believe
such opportunities will be limited as it is uncommon to see a wolf
attacking livestock, let alone be able to shoot it. In addition, the
number of mountain lions and black bears taken under State regulations,
and the number of wolves taken under similar federal regulations, has
been low (about 8 percent of all problem wolves removed by agency
authorized control) which further demonstrates that defense of property
take is minor and will not exceed State safety margins.
Issue 33: Some commenters thought wolf management plans were vague
on how, whether, and to what extent enforcement would be carried out.
Some commenters thought overwhelmingly anti-wolf public sentiment would
discourage county and State attorneys from enforcing State wildlife
laws,
[[Page 15149]]
particularly among attorneys with ambitions for higher public office.
Response 33: Upon delisting, wolves in all States in the NRM DPS
except Wyoming will become protected by State laws and regulations. In
most cases, when State game agencies recommend prosecution, prosecution
is pursued. As with all enforcement actions (State or Federal), the
outcome depends upon the strength of the case. Such enforcement will
ensure illegal activity remains minimal. While listed, illegal killing
was estimated to be responsible for 10 percent of annual mortality.
Following our previous delisting, there was no indication that illegal
mortality levels changed from those occurring while wolves were
delisted. While some level of illegal mortality will continue, State
management well above minimal recovery levels, combined with wolves'
reproductive capabilities, ensures the NRM DPS will not fall below
recovery levels. Legal hunting opportunities may also reduce illegal
killing. In the Midwest, it appeared that fewer wolves were illegally
killed during the deer hunting season when wolves were delisted than
when they were listed (Wydeven et al. 2008). Should failure to
prosecute result in excessive mortality and an inability maintain the
wolf population above recovery levels, an outcome we believe is
extremely unlikely, we would consider relisting, including the
potential for emergency relisting.
Issue 34: We received numerous comments on the adequacy of
Wyoming's 2003, 2007, and 2008 regulatory frameworks. Many commenters
agreed with the July 18, 2008 District Court preliminary injunction
order and suggested that it left no doubt that Wyoming's regulatory
framework contained the same flaws as their 2003 regulatory framework.
Some commenters recommended Wyoming be required to revise their wolf
management law. Other commenters thought Wyoming's plan was adequate
and pointed to our December 12, 2007 approval for support. Some of
these commenters stated that a change in our position would result in
an unobtainable moving target for Wyoming. The State of Wyoming
strongly defended their 2007 law and their recent modification to
develop an improved 2008 plan, and 2008 emergency regulations
(Freudenthal 2008). The State of Wyoming suggested that we ``must
consider the State's current wolf management statutes'' (2007 law, 2008
regulations and plan), that we ``can not rely on the findings in a
preliminary injunction order as a reason to reject the State's wolf
management scheme,'' and that ``nothing in the text of the Act requires
that the regulatory mechanisms governing the management of a species be
statutory.'' Wyoming stated that our comments on their State plan which
suggested a need to amend State law as the foundation for a revision to
their regulatory framework ``provided irrefutable proof of this
prejudged outcome.'' Finally, Wyoming wanted the Service clarify that
it was in error to reject Wyoming's 2003 wolf plan and that the Service
was correct in its 2007 approval of Wyoming's 2007 plan.
Response 34: The best scientific and commercial data available
demonstrates that the wolf population remains in need of the Act's
protections in the Wyoming portion of the range because of inadequate
regulatory mechanisms. The 2008 revisions in the Wyoming wolf
management plan and emergency regulations (Chapter 21) are greatly
improved over earlier versions, however they are still dependent on
Wyoming statute and at times appear to promise actions that Wyoming
statute prohibits. For example the Wyoming plan clearly commits to
managing genetic connectivity, but State law allows no regulation of
wolf mortality over 88 percent of the State, including many areas
likely to be used by dispersing wolves. While we still believe most
breeding pairs will remain inside of the boundary of the current trophy
game area, the extent of the predatory animal area certainly limits
most opportunity for genetic and demographic connectivity, a condition
that will assist in sustaining wolf recovery in the GYA. We also
believe our 2004 rejection of Wyoming's 2003 wolf management plan was
correct (see 71 FR 43410, August 1, 2006). We also determined that in
hindsight, we were probably too optimistic about what the law really
committed Wyoming to and what could be accomplished by regulations
alone. We also should have evaluated the potential for genetic
connectivity more closely, when we determined the 2007 plan was
sufficient. The very specific and deliberate intent, tone, and wording
of Wyoming law clearly continues to be the major impediment to Wyoming
developing and implementing a wolf management plan the Service can
approve. In the past Wyoming has, with the exception of the
professional recommendations they used to establish the proposed 2008
hunting season, almost without exception encouraged wolf take to drive
the wolf population down to minimum recovery levels. We believe that
the best way for Wyoming to provide adequate regulatory mechanisms
would be to develop a statewide trophy game management designation as
the basis for any revised regulatory framework. At a minimum, this
change would require a revision of Wyoming's wolf management law as the
current law establishes the limits of the trophy game area to only 12
percent of the State. Until Wyoming revises their statutes, management
plan, and associated regulations, and is again Service approved, wolves
in Wyoming shall remain protected by Act. See discussion in Factor D.
Issue 35: Many parties commented on the amount of Wyoming that
should be managed for maintenance of wolves including the size of
Wyoming's trophy game area. Commenters suggested that wolf recovery
could be accomplished: Without wolves in Wyoming; within Wyoming's
National Parks; within Wyoming's National Parks and wilderness areas;
or within the 12 percent of Wyoming currently designated as a trophy
game area. Some believed Wyoming's 2007 law allowed the trophy game
area to be expanded by the WGFC. Other commenters stated Wyoming's
trophy game area should be much larger, including all suitable habitat
and all potential dispersal corridors, or State-wide like all the other
States in the NRM DPS. Some thought if wolves remained listed in
Wyoming then they should continue be managed as experimental
populations, others did not.
Response 35: The predatory animal area of Wyoming covers at least
88 percent of Wyoming and can not be expanded per Wyoming Statute.
However, the 12 percent of Wyoming with trophy game protections can be
reduced by WGFC. Statewide trophy game status: Will allow Wyoming Game
and Fish Department (WGFD) more flexibility to devise a management
strategy, including regulated harvest, that provides for self-
sustaining populations above recovery goals; prevents a patchwork of
different management statuses; will be easier for the public to
understand and, thus, will be easier to regulate; is similar to State
management of other resources like mountain lions and black-bears; and
is consistent with the current regulatory scheme in that the entire
State is currently nonessential, experimental. Furthermore, maintenance
of the Act's protections Statewide will assist Service Law Enforcement
efforts that might otherwise be difficult if predatory animal status
was allowed in portions of Wyoming. Finally, retaining the Act's
protections in all of Wyoming is biologically warranted because: Wolf
[[Page 15150]]
dispersal capabilities allow them a range that encompasses the entire
state; and retention of the Act's protections in only the current
trophy game area would substantially limit potential genetic
connectivity. This does not mean Wyoming must manage for wolf pack
occupancy everywhere in Wyoming in the future as long as their
management framework safely supports their share of a recovered wolf
population and allows for adequate genetic and demographic connectivity
into the future and incorporates normal wildlife population
fluctuations, such as those that appear to have occurred in YNP in
2008. Preliminary counts suggest the YNP segment of the wolf population
may be 124 wolves in 12 packs with only 6 breeding pairs. However, the
overall GYA population will be similar to 2007, indicating the
importance of wolves in Wyoming outside YNP to maintaining wolf
recovery in the GYA.
Thus, this final rule removes the Act's protections throughout the
NRM DPS except for Wyoming. Wolves in all of Wyoming will continue to
be regulated as a non-essential, experimental population per 50 CFR
17.84 (i) and (n). We considered removing the Act's protection in those
few often fragmented parts of Wyoming with adequate regulations, such
as Wind River Tribal lands, National Parks and Refuges, but to ensure
consistent enforcement of the Act, the potential wolf dispersal
throughout Wyoming, and other reasons we did not. The adequacy of
Wyoming's regulatory mechanisms is discussed further under Factor D
below.
Issue 36: Some believed Idaho mandated elimination of wolves. They
quoted comments from state officials that suggested wolves be killed to
minimum levels as soon as possible. Some indicated the Service should
not have approved Idaho's wolf management plan. Others believed that
the liberal nature of Idaho's March 28, 2008 defense of property law
invited abuse and cited an incident where a person who chased a wolf
for a mile before shooting it was not prosecuted. Some said Idaho's
2002 plan makes clear its position is all wolf removal, that IDFG can
reclassify wolves ID-36-201 and could expand methods of take (e.g.,
could broadcast poison). Others said the Service approved Idaho's plan
before its step down implementation plan was developed, thus it was not
known to be an adequate plan when approved. Others suggested Idaho's
regulations were more than adequate and wolves should be delisted.
Response 36: We coordinated extensively with Idaho on the
development of its plan and carefully reviewed several drafts of the
plan over the course of 2002. We stand by our conclusion that the Idaho
plan constitutes adequate regulatory mechanisms. Idaho's implementation
planning improved the specific wolf conservation measures Idaho would
undertake. Central Idaho provides the largest contiguous block of
suitable wolf habitat in the NRM as evidenced by the over 840 wolves
living there now. The quality of this habitat, combined with the
State's management strategy leave no doubt wolves will be maintained
far above minimum recovery levels in Idaho. Idaho's comments on the
proposed rule provide an excellent and detailed review of Idaho law,
regulations and its formal position regarding the future of wolves in
Idaho (Otter 2008). Both its description of how its defense of property
laws and hunting regulations were developed are thorough and should
remove any doubt that Idaho's regulatory framework will adequately
regulate human-caused mortality and maintain a recovered wolf
subpopulation in Idaho.
We have also reviewed all the wolves taken under State defense of
property regulations. Our March 2008 delisting was predicated on State
defense of property laws being similar in their biological effect to
the Acts' 2005 and 2008 experimental population regulations. The March
28, 2008 law passed by the Idaho Legislature Idaho Code Sec. 36-1107
was an amendment to an existing law that was specific to black bears
and mountain lions. The law added wolves to the protection of property
statute and added language that governed taking of wolves. It made the
reporting of wolf mortality more stringent than that for bears and
lions. Following the initial delisting of gray wolves, private control
actions did not increase dramatically. From delisting through July 18,
2008, eleven wolves were killed under Idaho's law. In 2006 and 2007,
seven wolves were killed each year under the Act's 10(j) rule. The
increase in wolves killed in 2008 by livestock and pet owners is
consistent with an increase in wolves and concomitant depredations in
Idaho that year.
We reviewed the incident where an individual chased a wolf on a
snow machine for a mile before shooting it. While IDFG recommended
prosecution, the local county prosecutor determined the new law's
definition of ``worrying'' may not have withstood the scrutiny of a
jury under the circumstances in this case. The prosecutor supported
IDGF issuing a warning to this individual in case should other
questionable take occur in the future. We believe the particulars of
this case make it unique. IDFG and the Idaho Attorney General's office
are working with prosecutors to assure consistent enforcement of Sec.
36-1107 throughout the state.
In addition, all known Idaho wolf mortality, including that related
to defense of property, count against the total mortality quota for
that hunting unit and would be removed from the allowable hunting
harvest. It is unlikely that such take would result in a level of take
beyond that allowed by hunting district because hunting occurs after
most defense of property take would occur. Thus, that level of
mortality would be compensated for by either closing or reducing the
hunting quota. Additionally, State management several times above
minimum recovery levels provides further assurance that recovery will
not be compromised by such sources of mortality. Therefore, we
determine that the new law will not threaten the wolf population in
Idaho as long as IDFG prosecutes most individuals who abuse it and
Idaho maintains its commitment to manage their share of the wolf
population well above minimum recovery levels.
Issue 37: While most agreed that Montana appeared to have the best
plan and regulatory framework of any State, and it should be the model
for other states, others believed it was inadequate. Some thought the
lack of a quota system on defense of property take of wolves allowed
for unlimited and unregulated taking. Others thought that the level of
hunting and trapping that Montana's plan could allow might threaten the
wolf population.
Response 37: Montana did an outstanding job of describing, in
detail, its regulatory framework and its commitment to wolf management
(McDonald 2008). We have reviewed all the wolves taken under State
defense of property regulations. Our March 2008 delisting was
predicated on State defense of property laws being similar in their
biological effect to the Acts' 2005 and 2008 experimental population
(10j) regulations. In Montana, only four wolves were taken by private
citizens while wolves were delisted between March 28 and July 18, 2008,
but all could have been taken under the Act's 10j regulations if the
species had been listed. Montana conducted a thorough analysis before
setting its hunting season quota and then chose a conservative harvest
to build in extra caution. Montana regulatory frame clearly constitutes
an adequate regulatory frame work for the purposes of the Act.
[[Page 15151]]
Issue 38: Some commenters maintained that none of the NRM DPS
should be delisted until Oregon, Washington, and Utah had approved wolf
management plans.
Response 38: Any wolf conservation by Washington, Oregon, Utah, and
the Tribes will be beneficial, but is not necessary to either achieve
or maintain a recovered wolf population in the NRM DPS. Still, Oregon
and Utah have State wolf management plans/strategies and Washington is
close to finishing theirs (See Factor D). We have assisted and
consulted with them during those efforts. This is consistent with the
recovery plan which considered parts of these States (Service 1987, p.
2) as being associated with the NRM wolf population. Management in all
three States appears likely to benefit the NRM DPS but not
significantly.
Issue 39: Some commenters wanted the States to manage for breeding
pairs rather than undefined packs.
Response 39: The discrepancy between breeding pairs and packs no
longer appears relevant as the States and the Service have committed to
measure wolf recovery criteria by breeding pairs and numbers of wolves
(Montana 2003; IDFG 2007; Wyoming 2008, p. 13; Mitchell et al. 2008).
However, Wyoming's comments seemed to suggest that YNP packs that did
not raise pups in 2005 might qualify as breeding pairs anyway because
they bred in 2006 (Freudenthal 2008, p. 8). This is not an accurate
interpretation of the breeding pair metric.
Issue 40: Some commenters recommended wolf management be
transferred to the States and Tribes.
Response 40: The Service agrees that a recovered wolf population is
best managed by the respective States and Tribes. The States have
relatively large and well-distributed professional fish and game
agencies that have the demonstrated skills and experience that has
successfully managed a diversity of resident species, including large
carnivores. We believe these State agencies are similarly qualified to
manage a recovered wolf population. State management of wolves will be
in alignment with the classic State-led North American model for
wildlife management which has been extremely successful at restoring,
maintaining, and expanding the distribution of numerous populations of
other wildlife species, including other large predators, throughout
North America (Geist 2006, p. 1; Bangs 2008).
Under cooperative agreements with us, Montana and Idaho, and Nez
Perce Tribe have successfully managed wolves in those States for the
past 4 to 13 years. The Blackfeet, Salish and Kootenia, and Wind River
Tribes have also developed expertise in wolf management within their
tribal wildlife agencies by participating in wolf management for the
past several years. This allowed their organizations to develop
experience, knowledge, and expertise in wolf management and
conservation and to develop a track record of credibility and trust
with state residents and local government agencies. Unfortunately, with
the exception of a few months when wolves were delisted in 2008,
Wyoming has chosen to not actively participate in wolf management. The
Service worked closely with the States as they developed their wolf
management plans to ensure that they will always maintain a wolf
population that exceeds recovery criteria. We are confident the States,
except Wyoming, and Tribes will adequately manage wolves so the
protections of the Act will not again be required.
Until Wyoming revises their statutes, management plan, and
associated regulations, and they are approved by the Service, wolves in
Wyoming continue to require the protections of the Act.
Issue 41: Some parties raised a concern that State wolf management
plans would not be implemented because funding for the plans is not
guaranteed. These commenters thought that the lack of guaranteed
funding undermined the adequacy of the regulatory mechanisms, thus,
delisting should not occur.
Response 41: It is not possible to predict with certainty future
governmental appropriations, nor can we commit or require Federal funds
beyond those appropriated (31 U.S.C. 1341(a)(1)(A)). Even though
federal funding is dependent on year-to-year allocations, we have
consistently and fully funded wolf management. Federal funding will
continue to be available in the future for State management, but
certainly not to the extent while wolves were listed. The States
recognize that implementation of their wolf management plans requires
funding. The States have committed to secure the necessary funding to
manage the wolf populations under the guidelines established by their
approved State wolf management plans (Montana 2003, p. xiv; Idaho 2007,
p. 24, 47-48; Idaho 2002; p. 23-25; Wyoming 2007, p. 29-31). All have
worked with their congressional delegations to secure Federal funding,
but recognized that other sources of funding may eventually be required
to implement their plans. In addition to State license fees or other
forms of State funding, Federal funding is available to help manage a
delisted wolf population including in the form of direct
appropriations, Pittman-Robertson Wildlife Restoration Act, other
Federal grant programs, and private funding. The Service will continue
to assist the States to secure adequate funding for wolf management.
The Federal government will continue to fund wolf management in
Wyoming. If wolf management by a State or Federal agency was
inadequately funded to carry out the basic commitments of an approved
State plan, then the promised management of threats by the States and
the required monitoring of wolf populations might not be addressed.
That scenario could trigger a status review for possible relisting
under the Act, including possible use of the emergency listing
authorities under section 4(b)(7) of the Act to prevent a significant
risk to the well-being of any recovered species.
Issue 42: Several parties suggested that we should have considered
the risk to the wolf population from catastrophic events such as fire,
climate change, drought, disease, and stochastic events.
Response 42: In response to these comments, we added a discussion
of catastrophic events under Factor E below. Other potential
catastrophic events are considered in other sections including our
evaluation of habitat modification, diseases and parasites, human
harassment and killing, genetic risks, climate change, and human
attitudes. Wolves are one of the most adaptable and resilient land
mammals on earth and, except for excessive human persecution, wolf
populations can survive every type of natural catastrophic event. There
is no record of a wolf population in historic habitat anywhere in the
world ever being extirpated by a natural event, except perhaps during
the ice ages.
Issue 43: Some commenters requested the Service consider the
potential for low genetic diversity to threaten the NRM DPS. They
contend that the current or predicted population is not high enough to
maintain long-term connectivity and genetic security. These commenters
suggested this issue is of greatest concern in the GYA where geographic
factors could isolate the population. Commenters recommended that we
establish corridors of suitable habitat, or nearly contiguous pack
territories, between the recovery areas. Some recommended that we
provide habitat protections for identified natural linkage zones
between and within the GYA and central Idaho and northwestern Montana.
It also was recommended that we should designate critical habitat for
these linkage zones.
[[Page 15152]]
Response 43: We have greatly expanded our discussion in Factor E
regarding genetics. Furthermore, Canadian authorities also have a long
history of cooperation with us and have designed wolf management
programs in Alberta and British Columbia to promote recovery and
genetic exchange with Montana and Idaho (McDonald 2008). Assuming
adequate regulation of take across all potential migratory corridors,
we do not believe there is now or will be in the foreseeable future a
need to develop specific habitat corridors for wolf dispersal. A number
of factors make this unnecessary including: The current high levels of
genetic diversity; assured future genetic exchange by natural dispersal
or if necessary human assistance; the distance wolves routinely
disperse through even highly unsuitable habitat; and the limited amount
of current and future human development in the corridor between the
recovery areas (and Canada), including the GYA, because of the amount
and distribution of public land. Wolves have an unusual ability to
rapidly disperse long distances, across virtually any habitat and
select mates to maximize genetic diversity (Wabakken et al. 2007, p.
1631; Linnell et al. 2005, p. 383; vonHoldt et al. 2007). Thus,
connectivity issues are among the least likely to affect wolves when
compared to nearly any other species of land mammal (Paquet et al.
2006, p. 3; Liberg 2008, p. 1). If necessary any complications from a
potential lack of natural habitat connectivity could be quickly
resolved by agency-managed genetic exchange. Connectivity and genetics
are discussed further below under factors A and E, respectively.
Critical habitat can only be designated for threatened and
endangered species. Furthermore, under section 10(j)(2)(C)(ii) of the
Act, critical habitat can not be designated for nonessential
experimental populations. Therefore, across most of the NRM DPS,
critical habitat has never been appropriate. Finally, since we are also
removing the Act's protections across those portions of the DPS where
the species was previously endangered these areas no longer qualify as
potential critical habitat.
Issue 44: Some commenters stated that we failed to consider the
impacts of State hunts on the social structure of wolf packs.
Response 44: Social status in wolf packs changes regardless of
human-caused mortality and is part of wolf ecology. Humans do increase
the rate of turn over, but healthy wolf populations all over the world,
including Canada and Alaska, are harvested by people and wolf pack
structure is amazingly resilient. The States have incorporated hunting
seasons, bag limits, and fair chase methods of take to intentionally
reduce the potential impact of human-caused mortality on pack breeding
potential and its subsequent ability to successfully raise pups. This
issue is considered under Factor E below.
Issue 45: Some commenters encouraged us to investigate human
dimensions with a protocol that would allow quantification of changes
in the attitudes of the general public, farmers, hunters, and other
stakeholders.
Response 45: We agree that the values people hold about wolves may
provide valuable insight into successful management strategies. The
States have already conducted surveys about human values towards wolves
(Idaho 2007, Appendix A; as one example) and will likely continue to do
so in the future. We believe this information may be helpful to
formulate State policies. However, such monitoring is not required by
the Act in order to justify delisting.
Significant Portion of Range
Issue 46: Several commenters stated that the 2007 Department of the
Interior Solicitor's opinion (U.S. Department of the Interior, Office
of the Solicitor 2007) was an incorrect interpretation of the Act.
These commenters argued that we have authority to list or delist only
whole species, subspecies, and DPSs--in other words, if we find a
species to be in danger of extinction in only a significant portion of
its range, we must list it and apply all of the protections of the Act
to its entire range, even to portions of the range that are not at
risk. These commenters opined that the partial listing approach
represents a departure from thirty years of listing practice.
In particular, some commenters suggested the NRM DPS should be
protected rangewide because it retains the need for listing over a
significant portion of its range. They suggested partial listings would
lead to a limitless series of petitions and lawsuits over the status of
taxa in portions of their ranges. Others suggested the NRM DPS should
be delisted throughout its entire range, unless the threats are so
severe in the Wyoming portion of the range that it puts the entire NRM
DPS's future in doubt. These commenters suggested the Service's new
listing approach inappropriately allows partial-listings when the loss
of a portion of range results in a decrease, no matter how small, in
the ability to conserve a species, subspecies, or DPS.
Response 46: On March 16, 2007, the Solicitor of the Department of
the Interior issued a memorandum opinion with an extensive evaluation
of the meaning of ``in danger of extinction throughout all or a
significant portion of its range'' (Department of the Interior, Office
of the Solicitor 2007). We agree with the interpretation of the Act set
forth in the Solicitor's opinion, and disagree with these comments for
the reasons given in that opinion. Once we determine listing is
appropriate, section 4(c) of the Act requires we ``specify with respect
to each such species over what portion of its range it is threatened.''
In this case, we are specifying that the protections of the Act remain
necessary in Wyoming. Thus, the protections of the Act shall remain in
place in the Wyoming portion of its range. The interpretation of the
Act advocated by these commenters fails to give sufficient
consideration to the import of section 4(c), is inconsistent with
legislative history of the Act that strongly supports the view that
Congress intended to give the Secretary broad discretion to tailor the
protections of the Act with the needs of the species.
Moreover, even before the 2007 Solicitors opinion, we have applied
differential levels of protections for species facing differential
levels of threats in different parts of their range. For example, in
1978, the gray wolf was protected as endangered in the lower-48 States,
except in Minnesota, where it was protected as threatened (43 FR 9607,
March 9, 1978). Nor is the listing determination for NRM DPS the only
listing determination applying the Solicitor's opinion. In our 2008
Gunnison prairie dog (Cynomys gunnisoni) 12-month finding (73 FR 6660,
February 5, 2008), we determined that the Gunnison's prairie dog does
not warrant the Act's protections throughout its range, but that the
significant portion of the species' range located in central and south-
central Colorado and northcentral New Mexico does warrant protection
under the Act. On July 10, 2008, we determined the Preble's meadow
jumping mouse (Zapus hudsonius preblei) was not threatened throughout
all of its range and the portion of the subspecies' range located in
Colorado represented a significant portion of the range where the
subspecies should retain its threatened status (73 FR 39790). Thus,
this rule removes the Act's protections in Wyoming while retaining them
in Colorado (73 FR 39790, July 10, 2008).
According to the Solicitor's opinion, we have broad discretion in
defining what portion of a range is ``significant,'' but this
discretion is not unlimited.
[[Page 15153]]
Specifically, we may not define ``significant'' to require that a
species is endangered only if the threats faced by a species in a
portion of its range are so severe as to threaten the viability of the
species as a whole. The comment that a portion of the range of a
species can be significant only if its loss would put the future of the
species in doubt rests on a single quote from hearing testimony on a
bill that was a precursor to the Act. If by the future of the species
being in doubt, the commenter meant that the threat to the portion of
the range must threaten the entire species, such an interpretation
would read the ``significant portion or its range.'' The Solicitor's
opinion includes a comprehensive evaluation of this issue and the
relevant case law.
For this determination, we used an analysis similar to that we have
used in other recent listing determinations: A portion of a species'
range is significant if it is part of the current range of the species
and it contributes substantially to the representation, resiliency, or
redundancy of the species. The contribution must be at a level such
that its loss would result in a decrease in the ability to conserve the
species. In other words, in considering significance, the Service asks
whether the loss of this portion likely would eventually move the
species toward extinction, but not to the point where the species
should be listed as threatened or endangered throughout all of its
range.
Issue 47: Several commenters stated that the ``partial-listing''
approach allowed by the Solicitor's opinion undoes the effect of the
1978 DPS amendments to the Act.
Response 47: We do not believe this approach undoes the 1978
amendments to the Act. Instead, it compliments the 1978 amendments. A
DPS of a vertebrate species which interbreeds when mature is considered
and treated as a species (i.e., a listable entity) under the Act. A
significant portion of the range is a portion of the range of the
listed entity (whether a full species, subspecies, or DPS of a
vertebrate) that contributes meaningfully to the conservation of the
species. Therefore, we may apply the protections of the Act in a
significant portion of a DPS. In addition, we may apply the protections
of the Act in a significant portion of a species or subspecies of non-
vertebrate.
According to our DPS policy (61 FR 4722, February 7, 1996), a DPS
must be discrete and must be significant to the taxon to which it
belongs (species or subspecies) as a whole. The term ``significant'' in
the Act's definitions of endangered and threatened species should not
be considered entirely equivalent to the ``significance'' element of
the DPS policy. However, we recognize that many of the attributes
(described below) we have identified as important for evaluating
whether a portion of a species' range is significant are similar to the
attributes identified in the DPS policy as being appropriate for
evaluating the significance of a potential DPS. There is no requirement
that a significant portion of the range be discrete, but similar to
DPSs, a significant portion of the range must be significant. As
explained in detail previously, the significance of a significant
portion of the range is based on an evaluation of its contribution to
the conservation of the listable entity being considered. The DPS
policy lists four possible factors to consider when determining
significance, but does not limit consideration of significance to only
those four factors. The considerations we made in this instance for
determining whether a portion is significant encompass and expand on
some of the concepts in the DPS policy.
Issue 48: Some commenters recommended we use a 4(d) rule to reduce
regulatory restrictions in more secure portions of its range instead of
the significant portion of range approach.
Response 48: Special rules under section 4(d) of the Act apply only
where the protections of the Act are in place. Thus, once we determined
the NRM DPS was not threatened in all of its range, use of section 4(d)
was no longer an option across most of the DPS. While a 4(d) rule
allows us to tailor the Act's taking provisions as necessary and
advisable to provide for the conservation of the species, the approach
used here also eliminates additional unnecessary regulation. We believe
this approach is more consistent with the intention of Congress as
expressed in the legislative history concerning the phrase
``significant portion of its range.''
Issue 49: Some commenters suggested a ``partial delisting'' would
not improve the conservation status of the DPS and would treat
different communities inequitably with regards to the level of
protection required and costs associated with them over different
geographic areas.
Response 49: We believe this approach allows for a more surgical
application of the Act, as envisioned by Congress when it wrote the
``significant portion of its range'' language. The Act does not allow
us to consider in this listing decision whether there would be higher
costs in one portion of the range than in the rest of the NRM DPS. On
the whole, we believe this targeted approach provides for the necessary
and appropriate needs of the species, while avoiding unnecessary
regulatory burdens.
Issue 50: Many commenters provided opinions on what portion of
Wyoming was a significant portion of range. Some commenters supported
the position in our 2007 proposal that the only significant portion of
Wyoming was the 12 percent identified in State law as the trophy game
area. Many commenters were concerned that these boundaries would
constrain our ability to maintain a recovered population in Wyoming and
instead suggested all of Wyoming was a significant portion of range for
wolves. Some commenters indicated the significant portion of Wyoming
should include all areas of suitable habitat and potential dispersal
corridors to other NRM DPS recovery areas. Other commenters thought the
significant portion of Wyoming should include potential included
corridors to States outside the NRM DPS and cited documented dispersal
of wolves across various portions of Wyoming into South Dakota,
Colorado, and Utah as evidence. Other commenters indicated that all of
Wyoming was once historic habitat, thus all Wyoming should now be
considered a significant portion of range. Still other commenters
suggested that the significant portion of range should not split the
recovery area and should include the entire GYA (including those
portions of the recovery area in Montana and Idaho). Several commenters
stated that management practicality favors use of the man-made
boundaries. Our significant portion of range analysis can be found in
the Conclusion of the 5-Factor Analysis section of this rule below.
Response 50: After careful consideration, we now believe that the
boundaries of the significant portion of the range in Wyoming should be
expanded to include the entire State. Retaining the Act's protections
Statewide: Encloses and defines the area where threats are sufficient
to result in a determination that a portion of a DPS' range is
significant, and is endangered or threatened; clearly defines the
portion of the range that is specified as threatened or endangered; and
does not circumscribe the current distribution of the species so
tightly that opportunities to maintain recovery are foreclosed. Man-
made boundaries are appropriate because of these boundaries correspond
to differences in threat management; these differences in threat
management result in biological differences in status. There also are a
practical considerations (e.g., law enforcement) supporting use
[[Page 15154]]
of the State line to delineate the significant portion of range where
the Act's protections are still necessary. Retention of the Act's
protections throughout the GYA, including those portions in Idaho and
Montana, is not necessary given the adequacy of regulatory mechanisms
in those States. These issues are discussed further in the Conclusion
of the 5-Factor Analysis section below.
Issue 51: Some commenters expressed dissenting views and
interpretations of the word ``range'' in the Act's phrase ``significant
portion of its range.'' Several believed that ``range'' should mean
historical range. Others opined that our definition was the same used
in our 2003 rule that was invalidated by the court (68 FR 15804, April
1, 2003). Still others suggested our consideration of significant
portion of range should consider all suitable or potential habitat.
Response 51: As elaborated in the 2007 memoradum opinion
(Department of the Interior, Office of the Solicitor 2007), we believe
the law is clear that ``range'' in this phrase refers to ``current
range,'' not ``historical range'' and that the Service therefore must
focus primarily on current range. Data about the historical range and
how the species came to be extinct in a portion of its historical range
may be relevant in understanding or predicting whether a species is
``in danger of extinction'' in its current range. The fact that a
species has ceased to exist in what may have been portions of its
historical range does not necessarily mean that it is ``in danger of
extinction'' in a significant portion of the range where it currently
exists. For the purposes of this rule, ``range'' includes all of the
NRM DPS (as identified in Factor A below and illustrated in Figure 1).
Thus, our five-factor analysis analyzed threats across all portions of
the NRM DPS.
Public Involvement
Issue 52: Some thought that the Service should have provided
additional opportunities to learn more about the proposal and to
provide comments including additional public hearings. Specifically, we
received requests for hearings in Denver, Colorado, Seattle,
Washington, Portland, Oregon, Washington, DC, and Jackson, Wyoming.
Response 52: We have provided ample opportunity for public comment
including public comment periods totaling 150 days. Such a lengthy
comment period goes well beyond the basic requirements of the Act and
other Federal rulemaking procedures. Section 4(b)(5)(E) requires that
we hold one public hearing on proposed regulations if requested. During
this rulemaking process we held eight public hearings and eight open
houses (72 FR 6106, February 8, 2007; 72 FR 14760, March 29, 2007; 73
FR 36939, July 6, 2007). We selected locations that were within a
reasonable driving distance of where wolves live and in every State
within the NRM DPS. We also alerted interested parties to the details
of public hearings and opportunities for public comment. Public hearing
times and locations and other avenues to comment were announced in the
Federal Register, posted on our Web site and in our weekly wolf
reports, and publicized in local and national press releases. All
comments, whether presented at a public hearing or provided in another
manner, received the same review and consideration. Commenting via
electronic, hand delivery, or letter allowed unlimited space to express
comments, as opposed to the public hearing format, which limited
comments to three minutes in order to provide an opportunity for all
attending to speak. Over 520,000 comments were received including
approximately 240,000 comments during our most recent comment period.
This significant effort satisfies our statutory responsibility under
the Act.
Scientific Analyses
Issue 53: Some commenters recommended we conduct a population
viability analysis (PVA) or other additional modeling exercises or
analysis before delisting.
Response 53: The Act requires that we use the best scientific data
available when we make decisions to list, reclassify, or delist a
species. PVAs can be valuable as a tool to help us understand the
population dynamics of a rare species (White 2000). They can be useful
in identifying gaps in our knowledge of the demographic parameters that
are most important to a species' survival, but they cannot tell us how
many individuals are necessary to avoid extinction. The difficulty of
applying PVA techniques to wolves has been discussed by Fritts and
Carbyn (1995) and Boitani (2003). Problems include: Our inability to
provide accurate input information for the probability of occurrence
of, and impact from, catastrophic events (such as a major disease
outbreak or prey base collapse); our inability to incorporate all the
complexities and feedback loops inherent in wild systems and agency
adaptive management strategies; our inability to provide realistic
inputs for the influences of environmental variation (such as annual
fluctuations in winter severity and the resulting impacts on prey
abundance and vulnerability); temporal variation; selective outbreeding
(vonHoldt et al. 2007); individual heterogeneity; and difficulty in
dealing with the spatial aspects of extreme territoriality and the
long-distance dispersals shown by wolves. Relatively minor changes in
any of these input values into a theoretical model can result in vastly
different outcomes. Thus, while we reviewed most of the wolf PVAs
conducted to date, we believe conducting another PVA-type analysis on
the effect of wolf population management would be of limited value in
the NRM DPS. Instead, we relied upon an extensive body of empirical
data on wolves and the NRM wolf population. We believe the State,
Tribal and Federal commitments for adaptive management preclude any
need to theorize regarding the NRM wolf population's future status. We
also used models that employed PVA-like parameters and analysis to
identify potentially suitable wolf habitat in the NRM DPS now and into
the future (Carroll et al. 2003, 2006; Carroll 2006).
While some suggested that we conduct a PVA based on maintenance of
30 breeding pairs and 300 wolves or capping a wolf population at an
arbitrary level, we believe this would lead to an inaccurate and
misleading conclusion. Any such analysis would ignore the fluctuating
nature of wildlife populations, actual requirements of the recovery
goal, the commitments to manage well above that level, and to adapt
their management strategies and adjust allowable rates of human-caused
mortality should the population ever appear to not be meeting their
management objectives that exceed recovery levels.
One PVA that maybe instructive to the NRM was one from Wisconsin
(1999). It suggested a totally isolated population of 300-500 wolves
would have a high probability of persisting for 100 years under most
scenarios evaluated. Managing wolves at a hypothetical cultural
carrying capacity of 300 instead of allowing the population to reach
the biological carrying capacity of 500 had little effect on the risk
of extinction * * Virtually all simulated populations below 80
individuals declined in the high environmental variability scenarios
(Bangs 2002, p. 6).
Issue 54: Some commenters felt that it was difficult to judge the
scientific validity of the science we relied upon because some of the
science and literature was gray literature, had not been peer reviewed,
was in preparation, or was through personal communication.
[[Page 15155]]
Response 54: While we attempt to use peer reviewed literature to
the maximum extent possible, the Act requires us to make our decision
based on the best scientific and commercial data available regardless
of form. Because we have so many ongoing research and monitoring
projects new data are constantly being collected, analyzed, peer
reviewed, and published. Such information often represents the best
scientific data available (Service et al. 2007, p. 64, 114, 183, 213).
All citations have been and continue to be available upon request.
Relisting Criteria
Issue 55: Some commenters recommended we develop a clear,
unequivocal set of criteria for automatic relisting. Some commenters
argued that monitoring is not sufficient if the results of
investigations are not promptly incorporated in policy and management,
and this type of rapid response requires availability of contingency
funds, clear roles and authorities, and the power to impose the
necessary actions on all involved partners. They state that because the
effectiveness of the monitoring program depends upon adequate funding,
the monitoring plan should have secure funding for at least five years
before delisting occurs.
Response 55: State, Tribal, and Federal partners have committed to
monitor the wolf population according to the breeding pair standard and
publish annual reports of their activities for at least the first 5
years after delisting. We will post this information and our analysis
of it annually.
While the Act contains no provision for ``automatic'' relisting of
a species based on quantitative criteria, we believe that our criteria
for relisting consideration are clear. Three scenarios could lead us to
initiate a status review and analysis of threats to determine if
relisting is warranted including: (1) If the State wolf population
falls below the minimum NRM wolf population recovery level of 10
breeding pairs of wolves and 100 wolves in either Montana or Idaho at
the end of the year; (2) if the wolf population segment in Montana or
Idaho falls below 15 breeding pairs or 150 wolves at the end of the
year in either of those States for 3 consecutive years; or (3) if a
change in State law or management objectives would significantly
increase the threat to the wolf population. All such reviews would be
made available for public review and comment, including peer review by
select species experts. Additionally, if any of these scenarios
occurred during the mandatory 5-year post-delisting monitoring period,
the post-delisting monitoring period would be extended 5 additional
years from that point. If Wyoming were to develop a Service-approved
regulatory framework it would be delisted in a separate rule and that
proposed rule would contain additional post-delisting monitoring
criteria for Wyoming.
Any such status review would analyze status relative to the
definition of threatened or endangered considering the 5 factors
outlined in section 4(a)(1). If, at any time, data indicate that
protective status under the Act should be reinstated, we can initiate
listing procedures, including, if appropriate, emergency listing. If
emergency listing was instituted, we would then have 240 days to
complete a conventional listing rule before the protections of the
emergency rule would expire.
Funding for government programs is never certain at any level, but
the funding to support wolf management activities of the various
Federal and State agencies in the NRM has been consistently obligated
for the past 20 years and we have a high level of confidence that the
resources necessary to carry out the monitoring and management programs
will continue for the foreseeable future. We may provide Federal
funding for Federal monitoring requirements.
Use of Section 6 Agreements for States Outside the NRM DPS
Issue 56: Our proposal solicited comments regarding our intention
to use section 6 agreements to allow States outside the NRM DPS with
Service-approved wolf management plans to assume management of listed
wolves, including nonlethal and lethal control of problem wolves. Some
commenter found this approach was inappropriate while others commended
the idea.
Response 56: This issue is not directly related to delisting in the
NRM DPS and has been removed from this final rule.
Miscellaneous Issues Not Germane to This Rulemaking
Issue 57: Some commenters pointed out the positive and negative
economic impacts of wolves, especially related to tourism in YNP,
livestock depredation, and competition with hunters for surplus big
game. Many people believed wolf damage to livestock and big game
populations was increasing and becoming much more of an economic
burden.
Response 57: Under the Act, listing decisions are not to consider
economic factors. That said, we believe wolf-related tourism in places
like YNP will not be affected by delisting. Additionally, State
management will reduce economic losses caused by livestock depredation
and competition with hunters for wild ungulates.
Issue 58: Many members of the public commented on the timing of
this regulation. Most thought this final determination was being
rushed. Several commenters suggested that we postpone a final
determination until Wyoming revises its regulatory framework including
the passage of new wolf management legislation. Some commenters
suggested that we should not finalize this regulation until final 2008
wolf population data is available.
Response 58: Section 4(b)(6)(A) of the Act indicates that we should
publish final rules within one year of proposed rules. Section
4(b)(1)(A) requires that we make such determinations solely on the best
scientific and commercial information available. Given our statutory
directive to make determinations within one year and instruction to
consider ``available'' information, we felt further delay was not
prudent. Our development of previous Federal Register documents allowed
for this final rule to be prepared in much shorter timeframes than are
typical for federal rulemaking.
Furthermore, delisting of the NRM wolf population has been delayed
for many years as we waited and encouraged Wyoming to develop a
regulatory framework that would conserve a recovered wolf population
and could withstand legal challenge. It would be even more unfair to
the other States, who have done their part, to wait even longer on
possible future actions by Wyoming. We hope to remove the Act's
protections in Wyoming once the State has an adequate regulatory
framework in place. This rule includes 2008 data.
Issue 59: Several commenters, including Wyoming, opined that we
should have started the rulemaking process over again (i.e., reproposed
delisting) following the remand and vacatur of our previous final rule.
A few commenters expressed confusion over what was being proposed.
Specifically, they stated that ``To satisfy the Administrative
Procedure Act's requirements for notice and comment rulemaking,
interested parties must not be expected to `divine [the Agency's]
unspoken thoughts' (Ariz. Pub. Serv. Co. v. EPA, 211 F.3d 1280, 1299
(D.C. Cir. 2000)).''
Response 59: The October 14, 2008 U.S. District Court order
remanded and vacated our final rule. All other documents associated
with this rulemaking remained in place. Thus, reproposing this action
was unnecessary.
[[Page 15156]]
We believe our February 8, 2007, (72 FR 6106) delisting proposal
and the October 28, 2008, (73 FR 63926) notice reopening the comment
period were clear in what we were proposing. Simply, we proposed to
identify a NRM gray wolf DPS and remove most or all this DPS from the
list of threatened and endangered wildlife. As noted in the proposal,
if Wyoming failed to develop a management regime to adequately conserve
wolves, we would retain the Act's protections in a significant portion
of the range in the Wyoming portion of the NRM DPS. Our October 28,
2008, (73 FR 63926) notice reopening the comment period, summarized
numerous flaws in Wyoming's wolf management framework. This notice (73
FR 63926, October 28, 2008) also noted that all documents relevant to
evaluating the adequacy of Wyoming's regulatory mechanisms, including
Wyoming State law, their wolf management plan, their implementing
regulations (Wyoming Chapter 21), and other supporting information,
were available on our website at: http://westerngraywolf.fws.gov. When
Wyoming issued emergency regulations and a draft revised wolf
management plan on October 27, 2008, we immediately posted online.
Failure to remedy the adequacy of their regulatory framework resulted
in our decision to retain the Act's protections in Wyoming.
Issue 60: Some commenters thought the recovery program illegally
restored the wrong subspecies of wolf to Montana, Idaho, and Wyoming.
Response 60: In the mid-1980's, naturally dispersing wolves from
Canada began to form packs in northwestern Montana. In 1995 and 1996,
wolves were reintroduced to YNP and Central Idaho. For the
nonessential-experimental areas, we selected donor wolves that had the
greatest chance of resulting in a successful reintroduction program
(Service 1994, p. 5-89). Specifically, we selected wolves living in
habitat and feeding on prey most similar to those of the reintroduction
areas (Service 1994, p. 5-89). Our 1994 EIS noted that wolf populations
that historically inhabited the Yellowstone and central Idaho area were
slightly smaller and contained fewer black color phase individuals than
the more northern Canadian wolves that were dispersing southward and
occupying Montana (Service 1994, p. 5-106). At the time, the 1994 EIS
noted that recent molecular investigations indicated that gray wolves
throughout North America were all one subspecies of gray wolf (Service
1994, p. 5-106). The EIS went on to say that only red wolves and
Mexican wolves were genetically distinct at the molecular level
(Service 1994, p. 5-106). Resolution of species' subspecific taxonomy
remains elusive as the science continues to evolve (Hall 1984, pp. 2-
11; Service 1994, pp. 1-21-22; Brewster and Fritts 1995, p. 353; Nowak
1995, p. 375; Nowak 2003, pp. 248-50; Wayne and Vila 2003, pp. 223-4;
Leonard et al. 2005; p. 1; Leonard and Wayne 2007, p. 1). Legally, the
subspecies issue remains irrelevant, as the gray wolf has been listed
at the species level in the lower 48 States since 1978.
Issue 61: Many comments were made on issues that were not related
to or affected by this rulemaking. Most often these issues involved:
Strongly held personal opinions or perceptions about Federal, State, or
Tribal government or authorities; property rights; mistrust of
political leadership, environmentalists and/or judges; methods of take;
risks to human safety; negative affects of wolves on elk and deer
herds, hunting, State wildlife agency budgets, outfitting, or livestock
production; negative affect of this action to tourism; ecosystem
restoration; the U.S. Constitution; what would Jesus do; wildlife
management in general; wolves and wolf management; and modifications to
the NRM experimental population special 10(j) rule.
Response 61: We respect these opinions, but they are beyond the
scope of this rulemaking.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing, reclassifying, or removing
species from listed status. ``Species'' is defined by the Act as
including any species or subspecies of fish, wildlife, or plant, and
any distinct vertebrate population segment of fish or wildlife that
interbreeds when mature (16 U.S.C. 1532(16)). Under 50 CFR 424.11(d),
we may remove the protections of the Act if the best available
scientific and commercial data substantiate that the species is neither
endangered nor threatened for the following reasons: (1) The species is
extinct; (2) the species has recovered; or (3) the original scientific
data used at the time the species was classified were in error.
A species may be delisted as recovered only if the best scientific
and commercial data available indicate that it is no longer endangered
or threatened. Determining whether a species meets the recovered
definition requires consideration of the five categories of threats
specified in section 4(a)(1) of the Act. For species that are already
listed as endangered or threatened, this analysis of threats is an
evaluation of both the threats currently facing the species and the
threats that are reasonably likely to affect the species in the
foreseeable future following the delisting or downlisting and the
removal or reduction of the Act's protections.
Under section 3 of the Act, a species is ``endangered'' if it is in
danger of extinction throughout all or a ``significant portion of its
range'' and is ``threatened'' if it is likely to become endangered
within the foreseeable future throughout all or a ``significant portion
of its range.'' The word ``range'' in the phrase ``significant portion
of its range'' refers to the range in which the species currently
exists. For the purposes of this rule, ``range'' includes all of the
NRM DPS (as identified in Factor A below and illustrated in Figure 1).
Evaluating whether the species should be considered threatened or
endangered in all or a significant portion of its range is a multiple-
step analysis. If we determine that the species is endangered
throughout all of its range, we list it as endangered throughout its
range and no further analysis is necessary. If not, we then evaluate if
the species meets the definition of threatened throughout all of its
range. If the species is threatened in all of its range, we list the
species as threatened and consider if any significant portions of its
range warrant listing as endangered. If we determine that the species
is not threatened or endangered in all of its range, we consider
whether any significant portions of its range warrant consideration as
threatened or endangered. If we determine that the species is
threatened or endangered in a significant portion of its range, the
provisions of the Act would only apply to the significant portion of
the species' range where it is threatened or endangered.
Foreseeable future is defined by the Services on a case-by-case
basis, taking into consideration a variety of species-specific factors
such as lifespan, genetics, breeding behavior, demography, threat
projection timeframes, and environmental variability. ``Foreseeable''
is commonly viewed as ``such as reasonably can or should be
anticipated: Such that a person of ordinary prudence would expect it to
occur or exist under the circumstances'' (Merriam-Webster's Dictionary
of Law 1996: Western Watershed Project v. Foss (D. Idaho 2005; CV 04-
168-MHW). For the NRM DPS, the foreseeable future differs for
[[Page 15157]]
each factor potentially affecting the DPS. It took a considerable
length of time for public attitudes and regulations to result in a
social climate that promoted and allowed for wolf restoration in the
WGL DPS and NRM DPS. The length of time over which this shift occurred,
and the ensuing stability in those attitudes, give us confidence that
this social climate will persist for the foreseeable future in the
portion of the DPS which we are removing from ESA protections.
Available habitat and potential future distribution models (Carroll et
al. 2003, 536; Carroll et al. 2006, Figure 6) predict out about 30
years. For some threat factors, a longer time horizon may be
appropriate. In our consideration of genetics, we reviewed a paper that
looked 100 years into the future (vonHoldt et al. 2007). When
evaluating the available information, with respect to foreseeable
future, we take into account reduced confidence as we forecast further
into the future.
The following analysis examines all five factors currently
affecting, or that are likely to affect, the NRM gray wolf DPS within
the foreseeable future.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The NRM DPS is approximately 980,803 km\2\ (378,690 mi\2\) and
includes 402,606 km\2\ (155,447 mi\2\) of Federal land (41 percent);
49,803 km\2\ (19,229 mi\2\) of State land (5 percent); 32,942 km\2\
(12,719 mi\2\) of Tribal land (3 percent); 427,998 km\2\ (165,251
mi\2\) of private land (44 percent) (the remaining area is either water
or lands in Washington that were not categorized into ownership in the
geographic information system layers we analyzed). The DPS contains
large amounts of three Ecoregion Divisions--Temperate Steppe (prairie)
(312,148 km\2\ [120,521 mi\2\]); Temperate Steppe Mountain (forest)
(404,921 km\2\ [156,341 mi\2\]); and Temperate Desert (high desert)
(263,544 km\2\ [101,755 mi\2\]) (Bailey 1995, p. iv).
The following analysis focuses on suitable habitat (areas that have
a 50 percent or greater change of supporting breeding pairs or
persistent wolf packs) within the DPS and currently occupied areas.
Then, unsuitable habitat is examined. Habitat suitability is based on
biological features which impact the ability of wolf packs to persist.
A number of threats to habitat are examined including increased human
populations and development (including oil and gas), connectivity,
ungulate populations, and livestock grazing.
Suitable Habitat--Wolves once occupied or transited all of the NRM
DPS. However, much of the wolf's historical range within this area has
been modified for human use and is no longer suitable habitat to
support wolf packs and wolf breeding pairs. We have reviewed the
quality, quantity, and distribution of habitat relative to the
biological requirements of wolves. In doing so we reviewed two models,
Oakleaf et al. (2006, pp. 555-558) and Carroll et al. (2003, pp. 536-
548; 2006, pp. 27-31), to help us gauge the current amount and
distribution of suitable wolf habitat in the NRM. Both models ranked
areas as suitable habitat if they had characteristics that indicated
they might have a 50 percent or greater chance of supporting wolf
packs. Suitable wolf habitat in the NRM was typically characterized in
both models as public land with mountainous, forested habitat that
contains abundant year-round wild ungulate populations, low road
density, low numbers of domestic livestock that are only present
seasonally, few domestic sheep, low agricultural use, and few people.
Unsuitable wolf habitat was typically just the opposite (i.e., private
land, flat open prairie or desert, low or seasonal wild ungulate
populations, high road density, high numbers of year-round domestic
livestock including many domestic sheep, high levels of agricultural
use, and many people). Despite their similarities, these two models had
substantial differences in the area analyzed, layers, inputs, and
assumptions. As a result, the Oakleaf et al. (2006, p. 559) and Carroll
et al. (2006, p. 33) models predicted different amounts of
theoretically suitable wolf habitat in areas examined by both models
(i.e., portions of Montana, Idaho, and Wyoming).
Oakleaf's model was a more intensive effort that looked at
potential wolf habitat in Idaho, Montana, and Wyoming (Oakleaf et al.
2005, p. 555). It used roads accessible to two-wheel and four-wheel
vehicles, topography (slope and elevation), land ownership, relative
ungulate density (based on State harvest statistics), cattle (Bos sp.)
and sheep density, vegetation characteristics (ecoregions and land
cover), and human density to comprise its geographic information system
layers. Oakleaf analyzed the characteristics of areas occupied and not
occupied by NRM wolf packs through 2000 to predict what other areas in
the NRM might be suitable or unsuitable for future wolf pack formation
(Oakleaf et al. 2005, p. 555). In total, Oakleaf et al. (2006, p. 559)
ranked 170,228 km\2\ (65,725 mi\2\) as suitable habitat in Montana,
Idaho, and Wyoming.
Carroll's model analyzed a much larger area (all 12 western States
and northern Mexico) in a less specific way (Carroll et al. 2006, pp.
27-31). Carroll's model used density and type of roads, human
population density and distribution, slope, and vegetative greenness to
estimate relative ungulate density to predict associated wolf survival
and fecundity rates (Carroll et al. 2006, p. 29). The combination of a
geographic information system model and wolf population parameters were
used to develop estimates of habitat theoretically suitable for wolf
pack persistence. In addition, Carroll predicted the potential effect
on suitable wolf habitat of increased road development and human
density expected by 2025 (Carroll et al. 2006, pp. 30-31). Within the
proposed DPS, Carroll et al. (2006, pp. 27-31) ranked 277,377 km\2\
(107,096 mi\2\) as suitable including 105,993 km\2\ (40,924 mi\2\) in
Montana; 82,507 km\2\ (31,856 mi\2\) in Idaho; 77,202 km\2\ (29,808
mi\2\) in Wyoming; 6,620 km\2\ (2,556 mi\2\) in Oregon; 4,286 km\2\
(1,655 mi\2\) in Utah; and 769 km\2\ (297 mi\2\) in Washington.
Approximately 96 percent of the suitable habitat (265,703 km\2\
(102,588 mi\2\)) within the DPS occurred in Montana, Idaho, and
Wyoming. According to the Carroll model, approximately 28 percent of
the NRM DPS would be ranked as suitable habitat (Carroll et al. 2006,
pp. 27-31).
The Carroll et al. (2006, pp. 31-34) model tended to be more
generous in identifying suitable wolf habitat under current conditions
than the Oakleaf (et al. 2006, pp. 558-560) model or that our field
observations indicate is realistic. But Carroll's model provided a
valuable relative measure across the western United States upon which
comparisons could be made. The Carroll model did not incorporate
livestock density into its calculations as the Oakleaf model did
(Carroll et al. 2006, pp. 27-29; Oakleaf et al. 2005, p. 556). Thus,
that model did not consider those conditions where wolf mortality is
high and habitat unsuitable because of chronic conflict with livestock.
During the past 20 years, wolf packs have been unable to persist in
areas intensively used for livestock production, primarily because of
agency control of problem wolves and illegal killing.
Many of the more isolated primary habitat patches that the Carroll
model predicted as currently suitable were predicted to be unsuitable
by the year 2025, indicating they were likely on the lower end of what
ranked as suitable habitat in that model (Carroll et al. 2006, p. 32).
Because these areas were typically too small to support breeding
[[Page 15158]]
pairs and too isolated from the core population to receive enough
dispersing wolves to overcome high mortality rates, we do not believe
they are currently suitable habitat based upon on our data on wolf pack
persistence for the past 20 years (Bangs 1991, p. 9; Bangs et al. 1998,
p. 788; Service et al. 1999-2009, Figure 1).
Despite the substantial differences in each model's analysis area,
layers, inputs, and assumptions, both models predicted that most
suitable wolf habitat in the NRM was in northwestern Montana, central
Idaho, and the GYA, which is the area currently occupied by the NRM
wolf population. These models are useful in understanding the relative
proportions and distributions of various habitat characteristics and
their relationships to wolf pack persistence. Both models generally
support earlier Service predictions about wolf habitat suitability in
the NRM (Service 1980, p. 9; 1987, p. 7; 1994, p. vii). Because
theoretical models only define suitable habitat as those areas that
have characteristics with a 50 percent or more probability of
supporting wolf packs, the acreages of suitable habitat that they
indicate can be successfully occupied are only estimates.
The Carroll et al. (2006, p. 25) model also indicated that these
three areas had habitat suitable for dispersal between them and it
would remain relatively intact in the future. However, northwest
Montana and Idaho were much more connected to each other and the wolf
population in Canada than to the GYA and Wyoming (Oakleaf et al. 2005,
p. 554). Collectively the three core areas are surrounded by large
areas of habitat unsuitable for pack persistence. We note that habitat
that is unsuitable for pack persistence may be important for
connectivity between areas that are suitable for pack persistence.
Overall, we evaluated data from a number of sources on the location
of suitable wolf habitat in developing our estimate of currently
suitable wolf habitat in the NRM. Specifically, we considered the
recovery areas identified in the 1987 wolf recovery plan (Service 1987,
p. 23), the primary analysis areas analyzed in the 1994 EIS for the GYA
(63,700 km\2\ [24,600 mi\2\]) and central Idaho (53,600 km\2\ [20,700
mi\2\]) (Service 1994, p. iv), information derived from theoretical
models by Carroll et al. (2006, p. 25) and Oakleaf et al. (2006, p.
554), our nearly 20 years of field experience managing wolves in the
NRM, and locations of persistent wolf packs and breeding pairs since
recovery has been achieved. Collectively, this evidence leads us to
concur with the Oakleaf et al. (2006, p. 559) model's predictions that
the most important habitat attributes for wolf pack persistence are
forest cover, public land, high elk density, and low livestock density.
Therefore, we believe that Oakleaf's calculations of the amount and
distribution of suitable wolf habitat available for persistent wolf
pack formation, in the parts of Montana, Idaho, and Wyoming analyzed,
represents the most reasonable prediction of suitable wolf habitat in
Montana, Idaho, and Wyoming.
The area we conclude that is suitable habitat is depicted in
Oakleaf et al.'s (2006) map on page 559. Generally, suitable habitat is
located in western Montana west of I-15 and south of I-90; Idaho north
of I-84; and northwest Wyoming (see figure 1 in 73 FR 63926, October
28, 2008). A comparison of actual wolf pack distribution in 2006
(Service et al. 2007, Figure 1) and Oakleaf et al.'s (2006, p. 559)
prediction of suitable habitat indicates that nearly all suitable
habitat in Montana, Idaho, and Wyoming is currently occupied and areas
predicted to be unsuitable remain largely unoccupied.
Although Carroll determined there may be some (4 percent)
potentially suitable wolf habitat in the NRM DPS outside of Montana,
Idaho, and Wyoming, we believe it is marginally suitable at best and is
insignificant to NRM wolf population recovery because it occurs in
small isolated fragmented areas. While some areas predicted to be
unsuitable habitat in Montana, Idaho, and Wyoming have been temporarily
occupied and used by wolves or even packs, we still consider them as
largely unsuitable habitat. Generally, wolf packs in such areas have
failed to persist long enough to be categorized as breeding pairs and
successfully contribute toward recovery. Therefore, we consider such
areas as containing unsuitable habitat and find that dispersing wolves
attempting to colonize those areas are unlikely to form breeding pairs
or contribute to population recovery.
Unoccupied Suitable Habitat--Habitat suitability modeling indicates
that the three NRM core recovery areas are atypical of other habitats
in the western United States because suitable habitat in those core
areas occur in such large contiguous blocks (Service 1987, p. 7; Larson
2004, p. 49; Carroll et al. 2006, p. 35; Oakleaf et al. 2005, p. 559).
Without core refugia areas like YNP or the central Idaho wilderness
that provide a steady source of dispersing wolves, other potentially
suitable wolf habitat is not likely to be capable of sustaining wolf
breeding pairs. Some habitat ranked by models as suitable adjacent to
core refugia may be able to support wolf breeding pairs, while other
habitat farther away from a strong source of dispersing wolves may not
be able to support persistent packs. This fact is important when
considering suitable habitat as defined by the Carroll (et al. 2006, p.
30) and Oakleaf (et al. 2006, p. 559) models, because wolf populations
can persist despite very high rates of mortality only if they have high
rates of immigration (Fuller et al. 2003, p. 183). Therefore, model
predictions regarding habitat suitability does not always translate
into successful wolf occupancy and wolf breeding pairs.
Strips and smaller (less than 2,600 km\2\ [1,000 mi\2\]) patches of
theoretically suitable habitat (Carroll et al. 2006, p. 34; Oakleaf et
al. 2005, p. 559) (typically, isolated mountain ranges) often possess
higher mortality risk for wolves because of their enclosure by, and
proximity to, unsuitable habitat with a high mortality risk. In
addition, pack territories often form along distinct geological
features (Mech and Boitani 2003, p. 23), such as the crest of a rugged
mountain range, so useable space for wolves in isolated long narrow
mountain ranges may be reduced by half or more. This phenomenon, in
which the quality and quantity of suitable habitat is diminished
because of interactions with surrounding less-suitable habitat, is
known as an edge effect (Mills 1995, pp. 400-401). Edge effects are
exacerbated in small habitat patches with high perimeter-to-area ratios
(i.e., those that are long and narrow, like isolated mountain ranges)
and in species with large territories, like wolves, because they are
more likely to encounter surrounding unsuitable habitat (Woodroffe and
Ginsberg 1998, p. 2128). Because of edge effects, some habitat areas
outside the core areas may rank as suitable in models, but are unlikely
to actually be successfully occupied by wolf packs. For these reasons,
we believe that the NRM wolf population will remain anchored by the
three recovery areas. These core population segments will continue to
provide a constant source of dispersing wolves into surrounding areas,
supplementing wolf packs and breeding pairs in adjacent, but less
secure suitable habitat.
Currently Occupied Habitat--We calculated the area currently
occupied by the NRM wolf population by drawing a line around the outer
points of radio-telemetry locations of all known wolf pack territories
in 2005 (Service et al. 2006, Figure 1; 71 FR 6634, February 8, 2006,
p. 6640). We defined occupied wolf habitat as that area confirmed as
[[Page 15159]]
being used by resident wolves to raise pups or that is consistently
used by two or more territorial wolves for longer than 1 month (Service
1994, pp. 6:5-6). This approach includes all intervening areas
including suitable or unsuitable habitat. Typically by the end of the
year, only 50 percent of packs meet the criteria to be classified as
breeding pairs. The overall distribution of wolf packs has been similar
since 2000, despite a wolf population that has more than doubled
(Service et al. 2001-2009, Figure 1; Bangs et al. in press). This
pattern persisted in 2006, 2007, and 2008. Since the wolf population
has saturated most suitable habitat in the NRM DPS, significant growth
in the population's outer distribution is unlikely. This final rule
relied upon recent wolf monitoring data which has changed little in
recent years (see Figure 1).
We included areas between the core recovery segments as occupied
wolf habitat because they are important for demographic and genetic
connectivity. While these areas are no longer capable of supporting
persistent wolf packs, dispersing wolves routinely travel through those
areas and packs occasional occupy them (Service 1994, pp. 6:5-6; Bangs
2002, p. 3; Jimenez et al. 2008d). These areas include the Flathead
Valley and other smaller valleys intensively used for agriculture and a
few of the smaller, isolated mountain ranges surrounded by agricultural
lands in western Montana. Important dispersal areas also include parts
of western Wyoming outside the current State trophy game boundary, such
as the Wyoming Range adjacent to Idaho and valleys north of Kemmerer.
Dispersing wolves from Idaho that bred in the GYA likely crossed this
area and survived during the winter breeding season, resulting in
natural genetic connectivity.
As of the end of 2004, we estimated approximately 275,533 km\2\
(106,384 mi\2\) of occupied habitat in parts of Montana (125,208 km\2\
[48,343 mi\2\]), Idaho (116,309 km\2\ [44,907 mi\2\]), and Wyoming
(34,017 km\2\ [13,134 mi\2\]) (Service et al. 2005, Figure 1). This
pattern persisted in 2005-2008 (Service et al. 2006-2009). Although
currently occupied habitat includes some prairie (4,488 km\2\ [1,733
mi\2\]) and some high desert (24,478 km\2\ [9,451 mi\2\]), wolf packs
have not used these habitat types successfully (Service et al. 2005-
2009, Figure 1). Since 1986, no persistent wolf pack has had a majority
of its home range in high desert or prairie habitat. Landownership in
the occupied habitat area is 183,485 km\2\ (70,844 mi\2\) Federal (67
percent); 12,217 km\2\ (4,717 mi\2\) State (4.4 percent); 3,064 km\2\
(1,183 mi\2\) Tribal (1.7 percent); and 71,678 km\2\ (27,675 mi\2\)
private (26 percent) (Service et al. 2005-2009, Figure 1).
We determined that the current wolf population is a three-segment
metapopulation and that the overall area used by persistent wolf packs
has not significantly expanded since the population achieved its
recovery goal. While there maybe occasional exceptions, stagnant outer
distribution patterns for the past 6 years indicate there is probably
limited suitable habitat for the NRM wolf population to expand
significantly beyond its current outer boundaries. Carroll's model
predicted that 165,503 km\2\ (63,901 mi\2\) of suitable habitat (62
percent) was within the occupied area; however, the model's remaining
potentially suitable habitat (38 percent) was often fragmented, in
smaller, more isolated patches (Carroll et al. 2006, p. 35) and to date
has not been occupied by breeding pairs .
The NRM wolf population occupies nearly 100 percent of the recovery
areas recommended in the 1987 recovery plan (i.e., central Idaho, the
GYA, and the northwestern Montana) (Service 1987, p. 23) and nearly 100
percent of the primary analysis areas (the areas where suitable habitat
was predicted to exist and the wolf population would live) analyzed for
wolf reintroduction in central Idaho and the GYA (Service 1994, p.
1:6). This pattern will continue because management plans for public
lands in the NRM DPS will result in forest cover, high ungulate
densities, low to moderate road and livestock densities, and other
factors critical to maintaining suitable wolf habitat.
Potential Threats Affecting Habitat or Range--Establishing a
recovered wolf population in the NRM did not require land-use
restrictions or curtailment of traditional land-uses because there was
enough suitable habitat, enough wild ungulates, and sufficiently few
livestock conflicts to recover wolves under existing conditions (Bangs
et al. 2004, pp. 95-96). We do not believe that any traditional land-
use practices in the NRM need be modified to maintain a recovered NRM
wolf population into the foreseeable future. We do not anticipate
overall habitat changes in the NRM occurring at a magnitude that will
threaten wolf recovery in the foreseeable future because 71 percent of
the occupied habitat is in public ownership that is managed for
multiple uses that are complementary with suitable wolf habitat, and
maintenance of viable wolf populations (Carroll et al. 2003, p. 542;
Oakleaf et al. 2005, p. 560).
The GYA and central Idaho recovery areas, 63,714 km\2\ (24,600
mi\2\) and 53,613 km\2\ (20,700 mi\2\), respectively, are primarily
composed of public lands (Service 1994, p. iv) and are the largest
contiguous blocks of suitable habitat within the NRM DPS. Public lands
in National Parks, wilderness, roadless areas and large blocks of
contiguous mountainous forested habitat are largely unavailable and/or
unsuitable for intensive development. Central Idaho and the GYA provide
secure wolf habitat and abundant ungulate populations, with about
99,300 ungulates in the GYA and 241,400 in central Idaho (Service 1994,
pp. viii-ix). These areas are considered secure because they are not
available for development due to their land-use classifications,
management guidelines for other species (e.g., grizzly bears), habitat,
access, and geological characteristics (Service 1993, 1996, 2007;
Servheen et al. 2003; U.S. Forest Service 2006). Thus, they will
continue to provide optimal suitable habitat for a resident wolf
population and will be a dependable source of dispersing wolves to help
maintain genetic connectivity and a viable wolf population in the NRM
(Service 1994, p. 1:4). The central Idaho recovery area has 24,281
km\2\ (9,375 mi\2\) of designated wilderness at its core (Service 1994,
p. 3:85). The GYA recovery area has a core including over 8,094 km\2\
(3,125 mi\2\) in YNP and about 16,187 km\2\ (6,250 mi\2\) of designated
wilderness (although these areas are less useful to wolves, except
seasonally, due to high elevation) (Service 1994, p. 3:45). These areas
are in public ownership that is not suitable and/or not available for
human development of a scale that could possibly affect its overall
suitability for wolves, and no foreseeable habitat-related threats
would prevent them from supporting a wolf population that exceeds
recovery levels.
While the northwestern Montana recovery area (basically west of I-
15 and north of I-90 in Montana and Idaho) (84,800 km\2\ (33,386
mi\2\)) also has a core of protected suitable habitat (Glacier National
Park, the Bob Marshal Wilderness Complex, and extensive Forest Service
lands), it is not as high quality or as contiguous as that in either
central Idaho or GYA (Smith et al. 2008). The primary reason for this
is that many ungulates do not winter throughout the Park or Wilderness
areas because it is higher in elevation. Most wolf packs in
northwestern Montana live west of the Continental Divide, where forest
habitats are a fractured mix of private and public lands (Service et
al. 1989-2008, Figure 1; Murrey et al. submitted 2008). This mix
exposes wolves to high levels of mortality, and
[[Page 15160]]
thus this area supports smaller and fewer wolf packs. Wolf dispersal
into northwestern Montana from the more stable resident packs in the
core protected area (largely the North Fork of the Flathead River along
the eastern edge of Glacier National Park and the few large river
drainages in the Bob Marshall Wilderness Complex) and the abundant
National Forest Service lands largely used for recreation and timber
production rather than livestock production helps to maintain that
segment of the NRM wolf population (Bangs et al. 1998, p. 786). Wolves
also disperse into northwestern Montana from central Idaho and Canada
and several packs have trans-boundary territories, helping to maintain
the NRM population (Boyd et al. 1995, p. 136; Service 2002-2009, Figure
1). Conversely, wolf dispersal from northwestern Montana into Canada,
where wolves are much less protected, continues to draw some wolves
into vacant or low-density habitats in Canada where they are subject to
liberal hunting and agency control (Bangs et al. 1998, p. 790). Despite
mortalities that occur in Canada, the trans-boundary movements of
wolves and wolf packs that led to the original establishment of wolves
in Montana connects the wolf population in the NRM to the much larger
wolf population in Canada and will continue to have an overall positive
effect on wolf genetic diversity and demography in the northwest
Montana segment of the NRM wolf population.
An important factor in maintaining wolf populations is the native
ungulate population. Wild ungulate prey in these three areas are
composed mainly of elk, white-tailed deer, mule deer, moose, and (in
the GYA) bison. Bighorn sheep, mountain goats, and pronghorn antelope
also are common but not important, at least to date, as wolf prey. In
total, 100,000 to 250,000 wild ungulates are estimated in each State
where wolf packs currently exist (Service 1994, pp. viii-ix). The
States in the NRM DPS have successfully managed resident ungulate
populations for decades. State ungulate management plans, discussed in
Factor D below, commit them to maintain ungulate populations at
densities that will continue to support a recovered wolf population
well into the foreseeable future (See Idaho 2007, p. 1-2; Curtis 2007,
p. 14-21 as an examples of such plans).
Last year, 2008 marked the first year since our reintroductions
began that the NRM wolf population did not grow by 20 percent. We
believe this slowing growth rate is the result of the NRM wolf
population reaching carrying capacity. Human-caused mortality in 2008
was not high enough to explain all the reduced growth in the
population. At carrying capacity natural factors such as disease,
social strife, and food limitations begin to help regulate wolf
populations. As demonstrated by the NRM DPS's suspected carrying
capacity, there is sufficient suitable habitat to maintain the NRM wolf
population well above recovery levels but not significantly higher than
current levels.
Cattle and sheep are at least twice as numerous as wild ungulates
even on public lands (Service 1994, p. viii). Most wolf packs have at
least some interaction with livestock. Wolves and livestock can live
near one another for extended periods of time without significant
conflict if agency control prevents the behavior of chronic livestock
depredation from becoming widespread in the wolf population. Through
active management, most wolves learn that livestock can not be
successfully attacked and do not view them as prey. However, when
wolves and livestock mix, some livestock and some wolves will be
killed. Conflict between wolves and livestock has resulted in the
average annual removal of 8 to 14 percent of the NRM wolf population
(Bangs et al. 1995, p. 130; Bangs et al. 2004, p. 92; Bangs et al.
2005, pp. 342-344; Service et al. 2009, Tables 4, 5; Smith et al. 2008,
p. 1). Such control promotes occupancy of suitable habitat in a manner
that minimizes damage to private property and fosters public support to
maintain recovered wolf populations in the NRM DPS without threatening
the NRM wolf population.
We do not foresee a substantial increase in livestock abundance
across the NRM that would result in increased mortality. The opposite
trend has been occurring. In recent years, about 200,000 hectares
(500,000 acres) of public land grazing allotments have been purchased
and retired in areas of chronic conflict between livestock and large
predators, including wolves (Fischer 2008). Assuming adequate
regulation of other threat factors (discussed below), we do not believe
the continued presence of livestock will in any meaningful way threaten
the recovered status of the NRM DPS in the foreseeable future.
Within the GYA, human populations are expected to increase (Carroll
2006). In six northwest Wyoming counties most used by wolves, the human
population is projected to increase by roughly 15,000 residents between
2000 and 2020 (from 105,215 in 2000 to 120,771 by 2020) (Wyoming
Department of Administration and Information Economic Analysis Division
2005). The Montana GYA counties are expected to increase by roughly
35,000 people during this same time (from 120,934 in 2000 to 154,800 by
2020) (NPA Data Services 2002). We anticipate similar levels of
population growth in the remaining portions of the DPS given that the
West, as a region, is projected to increase at rates faster than any
other region (U.S. Census Bureau Population Division 2005).
As human populations increase associated impacts will follow. We
expect the region will see: Increased growth and development including
conversion of private low-density rural lands to higher density urban
and suburban development; accelerated road development and increasing
amounts of transportation facilities (pipelines and energy transmission
lines); additional resource extraction (primarily oil and gas, coal,
and wind development in certain areas); and added recreation on public
lands (Robbins 2007). Despite efforts to minimize impacts to wildlife
(Brown 2006, p. 1-3), some development will make some areas of the NRM
less suitable for wolf occupancy. However, we expect these impacts will
be minimal as sufficient habitat is secure.
Wolves are one of the most adaptable large predators in the world
and are unlikely to be substantially impacted by any threat except
human persecution (Fuller et al. 2003, p. 163; Boitani 2003, p. 328-
330). Land-use restrictions on human development were not necessary to
recover the wolf population. Even active wolf dens can be quite
resilient to nonlethal disturbance by humans (Frame et al. 2007, p.
316). The vast majority of suitable wolf habitat and the current wolf
population is secure in mountainous forested Federal public land
(National Parks, wilderness, roadless areas, and lands managed for
multiple uses by the U.S. Forest Service and Bureau of Land Management)
that will not be legally available or suitable for intensive levels of
human development. Furthermore, the range of wolves and grizzly bears
overlap in many parts of Montana, Idaho and Wyoming and mandatory
habitat guidelines on public lands for grizzly bear conservation
guarantee and far exceed necessary criteria for maintaining suitable
habitat for wolves (for an example, see U.S. Department of Agriculture
(USDA) 2006). Current and projected levels of human use of public lands
will be managed to limit resource impacts by the management plans of
the appropriate land management agencies or governments.
Most types of intensive human development predicted in the future
will occur in areas that have already
[[Page 15161]]
been extensively modified by human activities and are unsuitable wolf
habitat (Wyoming 2005, Appendix III). In terms of mineral extraction
activities, such development is likely to continue to be focused at
lower elevation, private lands and in open habitats, and outside of
currently suitable and currently occupied wolf habitat (Robbins 2007).
Development on private land near suitable habitats will continue to
expose wolves to more conflicts and higher risk of human-caused
mortality. However, the rate of conflict (now approximately 23 percent
mortality per year) is well within the wolf population's biological
mortality threshold (30 to 50 percent), especially given the large
amount of secure habitat that will support a recovered wolf population
and will provide a reliable and constant source of dispersing wolves.
Furthermore, management programs (Linnell et al. 2001, p. 348),
research and monitoring, and outreach and education about living with
wildlife can somewhat reduce such impacts.
Modeling exercises also can provide some insights into future land-
use development patterns. While these models have weaknesses, such as
an inability to accurately predict economic upturns or downturns,
uncertainty regarding investments in infrastructure that might drive
development (such as roads, airports, or water projects), and an
inability to predict open-space acquisitions or conservation easements,
we nevertheless think that such models are useful in adding to our
understanding of likely development patterns. Carroll et al. (2003, p.
541; 2006, p. 31) predicted future wolf habitat suitability under
several scenarios through 2025, including increased human population
growth and road development. Similarly, in 2005, the Center for the
West produced a series of maps predicting growth through 2040 for the
West (Travis et al. 2005, pp. 2-7). These projections are available at:
http://www.centerwest.org/futures/west/2040.html. These models predict
very little development across occupied and suitable portions of the
NRM DPS. Threats were not predicted to alter wolf habitat suitability
in the NRM DPS nearly enough to cause the wolf population to fall below
recovery levels in the foreseeable future or even significantly effect
wolf dispersal between the recovery segments, including the GYA. In
many areas within the NRM DPS (including northwest Montana, the GYA,
and northeast Oregon), habitat suitability will be increased beyond
current levels as roads on public lands are reduced, a process underway
in the NRM (Carroll et al. 2006, p.25; Servheen et al. 2003; Service
1993, 1996, 2007; Brown 2006, 1-3).
We acknowledge habitat suitability for wolves will change over time
with human development, activities, and attitudes, but not to the
extent that it is likely to threaten wolf recovery. Therefore, we do
not believe there is a need to limit or manage future human population
growth for wolf conservation in the NRM. Wolf populations persist in
many areas of the world that are far more developed than the NRM
currently is or is likely to be in the foreseeable future (Boitani
2003, pp. 322-23). Current habitat conditions are adequate to support a
wolf population well above minimal recovery levels and model
predictions indicate that development in the NRM over the next 25 years
is unlikely to change habitat in a manner that would threaten the NRM
wolf population (Carroll et al. 2003, p. 544).
Furthermore, we do not expect any threats to habitat or range to
meaningfully impact dispersal or connectivity. Wolves have exceptional
dispersal abilities including the ability to disperse long-distances
across vast areas of unsuitable habitat. Numerous lone wolves have
already been documented to have successfully dispersed through these
types of developed areas (Jimenez et al. 2008d). Thus, we believe
wolves are among the least likely species of land mammal to face a
serious threat from reduced connectivity related to projected changes
in habitat.
At present, all three recovery areas appear sufficiently connected.
There is more than enough habitat connectivity between occupied wolf
habitat in Canada, northwestern Montana, and Idaho to ensure exchange
of sufficient numbers of dispersing wolves to maintain demographic and
genetic diversity in the NRM wolf metapopulation (Oakleaf et al. 2005,
p. 559; Carroll et al. 2006, p. 32; Boyd et al. 2007; vonHoldt et al.
2007, p. 19). We have documented routine movement of radio-collared
wolves across the nearly contiguous available suitable habitat between
Canada, northwestern Montana, and central Idaho (Pletscher et al. 1991,
p. 544; Boyd and Pletscher 1999, pp. 1095-1096; Sime 2007). In
addition, there are several shared transborder packs, between Canada,
Montana, and Idaho. While the GYA is the most isolated core recovery
area within the NRM DPS (Oakleaf et al. 2005, p. 554; vonHoldt et al.
2007, p. 19), radio telemetry data demonstrate that the GYA is not
isolated as at least one wolf naturally disperses into the GYA each
year and at least 4 radio-collared non-GYA wolves have bred and
produced offspring in the GYA in the past 12 years (1996-2008).
Within the foreseeable future, some habitat degradation will occur
between the core recovery areas. Overall, we believe this will have
only minimal impacts on foreseeable levels of dispersal and
connectivity. Model predictions through 2025 (Carroll et al. 2003, p.
541; Carroll 2006, p. 32) and 2040 (Travis et al. 2005, pp. 2-5, 14-15;
http://www.centerwest.org/futures/west/2040.html), in combination with
our understanding of wolf dispersal capabilities, demonstrate the
quantity, quality, and distribution of habitat, including consideration
of intervening development, will remain more than sufficient to allow
adequate levels of natural connectivity into the foreseeable future.
Thus, threats to habitat are unlikely to disrupt connectivity in
the foreseeable future. Factor E provides a detailed evaluation of the
adequacy of current and expected levels of genetic exchange as well as
alternative approaches to genetic exchange should they ever become
necessary (an outcome we believe is extremely unlikely). Factor D
discusses the adequacy of available regulatory frameworks to ensure
genetic exchange will be maintained.
Summary threats to Wolf Habitat--We do not foresee that impacts to
habitat or range will occur at levels that will significantly affect
wolf numbers or distribution, connectivity, or affect population
recovery and long-term viability in the NRM. Occupied suitable habitat
is secured by core recovery areas in northwestern Montana, central
Idaho, and the GYA, including Wyoming. These areas include Glacier
National Park, Grand Teton National Park, YNP, numerous U.S. Forest
Service Wilderness Areas, and other State and Federal public lands.
These areas will continue to be managed for high ungulate densities,
moderate rates of seasonal livestock grazing, moderate-to-low road
densities associated with abundant native prey, low potential for
livestock conflicts, and security from excessive unregulated human-
caused mortality. Secure portions of the NRM DPS will be able to
support large wolf populations well into the foreseeable future.
Unsuitable habitat and small fragmented areas of suitable habitat
outside of these core areas largely represent geographic locations
where wolf breeding pairs would only persist in low numbers, if at all.
Although such areas may historically have contained suitable habitat,
wolf pack persistence
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in these areas are not important or necessary for maintaining a viable,
self-sustaining, and evolving representative wolf population in the NRM
into the foreseeable future. Still, these areas may contribute to a
healthy wolf population by facilitating dispersal between core recovery
areas. The available data indicate that threats to habitat are unlikely
to disrupt such connectivity in the foreseeable future.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
While listed under the Act, gray wolves could not be legally killed
or removed from the wild in the NRM for commercial, recreational
(hunting, trapping), or educational purposes. In the NRM, about 3
percent of the wolves captured for scientific research, nonlethal
control, and monitoring have been accidentally killed (Bangs et al. in
press). Some wolves may have been illegally killed for commercial use
of the pelts and other parts, but we believe illegal commercial
trafficking in wolf pelts or wolf parts is rare. Illegal capture of
wolves for commercial breeding purposes also is possible, but we have
no evidence that it occurs in the NRM. We believe the prohibition
against ``take'' provided for by Section 9 of the Act has discouraged
and minimized the illegal killing of wolves for commercial or
recreational purposes. Although Federal penalties under Section 11 of
the Act will not apply if delisting is finalized other Federal laws
will still protect wildlife in National Parks and on other Federal
lands (Service 1994, pp. 1:5-9). In addition, Montana, Idaho, Wyoming
(only in the trophy game area), Washington, Oregon, Utah, and the
Tribes have similar laws and regulations that will protect wolves from
overutilization for commercial, recreational, scientific, and
educational purposes (this issue is also discussed in Factor D below).
We believe these laws will continue to provide a strong deterrent to
illegal killing of wolves by the public, except in Wyoming's predatory
animal area, as they have been effective in State-led conservation
programs for other resident wildlife such as black bears, mountain
lions, elk, and deer. In addition, the State fish and game agencies,
National Parks, other Federal agencies, and most Tribes have well-
distributed experienced professional law enforcement officers to help
enforce State, Federal, and Tribal wildlife regulations (See Factor D).
Scientific Research and Monitoring--From 1984 to 2008, the Service
and our cooperating partners captured nearly 1,100 NRM wolves for
monitoring, nonlethal control, and research purposes with 25 accidental
deaths. If NRM wolves were delisted, the State, National Parks, and
Tribes would continue to capture and radio-collar wolves in the NRM
area for monitoring and research purposes in accordance with their
State laws, wolf management plans, and regulations (See Factor D and
Post-Delisting Monitoring sections below). We expect that capture-
caused mortality by Federal, State, and Tribal agencies, and
universities conducting wolf monitoring, nonlethal control, and
research will remain below 3 percent of the wolves captured, and will
be an insignificant source of mortality to the wolf population.
Education--We are unaware of any wolves that have been removed from
the wild for solely educational purposes in recent years. Wolves that
are used for such purposes are typically privately-held captive-reared
offspring of wolves that were already in captivity for other reasons
and are not protected by the Act. However, States may get requests to
place wolves that would otherwise be euthanized in captivity for
research or educational purposes. Such requests have been, and will
continue to be, rare; would be closely regulated by the State wildlife
management agencies through the requirement for State or Federal
permits, except in Wyoming's predatory animal area; and would not
substantially increase human-caused wolf mortality rates.
Commercial and Recreational Uses--This section primarily addresses
the potential for hunting and trapping across the NRM DPS post-
delisting. Other forms of human caused mortality are discussed under
the discussion of human predation under Factor C.
Wolf populations can maintain themselves despite sustained human-
caused mortality rates of between 30 and 50 percent per year (Keith
1983; Fuller et al. 2003, pp. 182-184). When populations are maintained
below carrying capacity and natural mortality rates and self-regulation
of the population remain low, human-caused mortality can replace up to
70 percent of natural mortality (Fuller et al. 2003, p. 186). Wolf pups
can also be successfully raised by other pack members and breeding
individuals can be quickly replaced by other wolves (Brainerd et al.
2008, p. 1). Collectively, these factors mean that wolf populations are
quite resilient to human-caused mortality if it is adequately
regulated.
Regulated hunting and trapping are traditional and effective
wildlife management tools that can be applied to help achieve State and
Tribal wolf management objectives (Bangs 2008). In the absence of the
Act's protections, Montana, Idaho, and Wyoming, in the trophy game
area, would use public harvest to manipulate wolf distribution and
overall population size to help reduce conflicts with livestock and, in
some cases, human hunting of big game, just as they do for other
resident species of wildlife. Montana, Idaho, Wyoming and some Tribes
in those States, would allow regulated public harvest of surplus wolves
in the NRM wolf population for commercial and recreational purposes by
regulated private and guided hunting and trapping. Such take and any
commercial use of wolf pelts or other parts would be regulated by State
or Tribal law (see discussion of State laws and plans under Factor D).
The regulated take of those wolves would not affect wolf population
recovery or viability in Montana and Idaho because these States would
allow such take only for wolves that are not needed to achieve the
State's commitment to maintaining a recovered population (see Factor D
below). If Montana and Idaho had implemented their planned hunt, the
wolf population in Montana and Idaho would still be far in excess of
recovered levels. In the trophy game areas of northwest Wyoming, if
other sources of mortality had been adequately regulated, this level of
hunter harvest would not threaten Wyoming's share of a recovered wolf
populations; however, Wyoming's overall regulatory framework does not
adequately regulate other sources of mortality. In the predatory area
of Wyoming, commercial and recreational use would be unlimited and
unregulated. This lack of regulation would not allow wolves to persist
in predatory portions of the State. State laws in Washington, Oregon,
and Utah do not currently allow public take of wolves for recreational
or commercial purposes. These issues are discussed in much greater
detail in Factor D below.
In summary, we determine scientific and educational take to remain
insignificant factors in maintaining the NRM wolf population well above
recovery levels well into the foreseeable future. Furthermore, we
believe Idaho and Montana will adequately manage commercial and
recreational use for the foreseeable future. Commercial and
recreational use in Wyoming will not be adequately managed. These
issues are discussed fully in Factor D below.
C. Disease or Predation
As discussed in detail below, a wide range of diseases may affect
the NRM wolves. However, no diseases or parasites, even in combination,
are of
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such magnitude that the population is likely to become in danger of
extinction in the foreseeable future. Similarly, predation does not
pose a significant threat to the NRM wolf population. The rates of
mortality caused by disease and predation are well within acceptable
limits, and we do not expect those rates to change appreciably if NRM
wolves are delisted. State plans commit to monitoring wolf health to
ensure any new or new impacts caused by diseases or parasites are
quickly detected. Natural predation on wolves is rare but predation by
humans is a significant issue if not regulated. More information on
disease and predation (including by humans) are discussed below.
Disease--The NRM wolves are exposed to a wide variety of diseases
and parasites that are common throughout North America. Many diseases
(viruses and bacteria, many protozoa and fungi) and parasites
(helminthes and arthropods) have been reported for the gray wolf, and
several of them have had significant, but temporary impacts during wolf
recovery in the 48 conterminous States (Brand et al. 1995, p. 428;
Kreeger 2003, pp. 202-214). The EIS on gray wolf reintroduction
identified disease impact as an issue, but did not evaluate it further,
as it appeared to be insignificant (Service 1994, pp. 1:20-21).
Infectious disease induced by parasitic organisms is a normal
feature of the life of wild animals, and the typical wild animal hosts
a broad multi-species community of potentially harmful parasitic
organisms (Wobeser 2002, p. 160). We fully anticipate that these
diseases and parasites will follow the same pattern seen in other areas
of North America (Brand et al. 1995, pp. 428-429; Bailey et al. 1995,
p. 445; Kreeger 2003, pp. 202-204; Atkinson 2006, p. 1-7; Smith and
Almberg 2007, 17-19; Johnson 1995a, b) and will not significantly
threaten wolf population viability. The diseases and parasites of
wolves are unlikely to effect human health and safety and most are
already endemic in other wild carnivores and dogs. Nevertheless,
because these diseases and parasites, and perhaps others, have the
potential to impact wolf population distribution and demographics,
careful monitoring (as per the State wolf management plans) will track
such events (Atkinson 2006, p. 1-7). Should such an outbreak occur,
human-caused mortality would be regulated over an appropriate area and
time period to ensure wolf population numbers in the NRM DPS are
maintained above recovery levels in those portions of the DPS.
Canine parvovirus (CPV) infects wolves, domestic dogs (Canis
familiaris), foxes (Vulpes vulpes), coyotes, skunks (Mephitis
mephitis), and raccoons (Procyon lotor). The population impacts of CPV
occur via diarrhea-induced dehydration leading to abnormally high pup
mortality (Wisconsin Department of Natural Resources 1999, p. 61).
Clinical CPV is characterized by severe hemorrhagic diarrhea and
vomiting; debility and subsequent mortality is a result of dehydration,
electrolyte imbalances, and shock. CPV has been detected in nearly
every wolf population in North America including Alaska (Bailey et al.
1995, p. 441; Brand et al. 1995, p. 421; Kreeger 2003, pp. 210-211;
Johnson et al. 1994), and exposure in wolves is thought to be almost
universal. Currently, nearly 100 percent of the wolves handled by MFWP
(Atkinson 2006) and YNP (Smith and Almberg 2007, p. 18) had blood
antibodies indicating nonlethal exposure to CPV. CPV might have
contributed to low pup survival in the northern range of YNP in 1999.
CPV was suspected to have done so again in 2005 and possibly 2008, but
evidence points to canine distemper as being the primary cause of low
pup survival during those years (Smith et al. 2006, p. 244; Smith
2008). Pup production and survival in YNP returned to normal levels
after each event (Smith and Almberg 2007, p. 18-19). The impact of
disease outbreaks to the overall NRM wolf population has been localized
and temporary, as has been documented elsewhere (Bailey et al. 1995, p.
441; Brand et al. 1995, p. 421; Kreeger 2003, pp. 210-211). Despite
these periodic disease outbreaks, the NRM wolf population increased at
a rate of about 22 percent annually from 1996 to 2008 (Service et al.
2009, Table 4). Mech et al. (2008, p. 824) recently concluded CPV
reduced pup survival, subsequent dispersal, and the overall rate of
population growth in Minnesota (a population near carrying capacity in
suitable habitat). It is possible that at carrying capacity the NRM
population may be effected similarly and the overall rate of growth
maybe reduced.
Canine distemper (CD) is an acute, fever-causing disease of
carnivores caused by a virus (Kreeger 2003, p. 209). It is common in
domestic dogs and some wild canids, such as coyotes and foxes in the
NRM (Kreeger 2003, p. 209). The prevalence of antibodies to this
disease in samples of wolf blood in North American wolves is about 17
percent (Kreeger 2003, p. 209), but varies annually and by specific
location. Nearly 85 percent of Montana wolf blood samples analyzed in
2005 indicated nonlethal exposure to CD (Atkinson 2006). Similar
results were found in YNP (Smith and Almberg 2007, p. 18). Mortality in
wolves has been documented in Canada (Carbyn 1982, p. 109), Alaska
(Peterson et al. 1984, p. 31; Bailey et al. 1995, p. 441), and in a
single Wisconsin pup (Wydeven and Wiedenhoeft 2003, p. 7). CD is not a
major mortality factor in wolves, because despite high exposure to the
virus, affected wolf populations usually demonstrate good recruitment
(Brand et al. 1995, pp. 420-421). Mortality from CD has only been
confirmed once in NRM wolves despite their high exposure to it, but we
suspect it contributed to the high pup mortality documented in the
northern GYA in spring 1999, 2005, and 2008. These periodic outbreaks
will undoubtedly occur but as documented elsewhere CD does not threaten
wolf populations and the NRM wolf population increased even during
years with localized outbreaks. Park biologist's (Smith 2008, pers.
comm.) believes that wolf deaths mainly occurred from CD when the YNP
population was around the historic high of 170 wolves the previous
winter. In 2008, wolf packs in Wyoming outside YNP (about 25 packs and
18 breeding pairs) appear to have only slightly lower pup production
(Jimenez 2008, pers. comm.), indicating the probable most severe
disease outbreak in 2008 was localized to the northern range of YNP.
This suggests CD mortality maybe associate with high wolf density, and
possibly carrying capacity. Thus the NRM population may be more
effected by CD, and other diseases when at the carrying capacity in
suitable habitat.
Lyme disease, caused by a spirochete bacterium, is spread primarily
by deer ticks (Ixodes dammini). Host species include humans, horses
(Equus caballus), dogs, white-tailed deer, mule deer, elk, white-footed
mice (Peromyscus leucopus), eastern chipmunks (Tamias striatus),
coyotes, and wolves. In WGL populations, it does not appear to cause
adult mortality, but might be suppressing population growth by
decreasing wolf pup survival (Wisconsin Department of Natural Resources
1999, p. 61. Lyme disease has not been reported from wolves beyond the
Great Lakes regions (Wisconsin Department of Natural Resources 1999, p.
61).
Mange (Sarcoptes scabeii) is caused by a mite that infests the
skin. The irritation caused by feeding and burrowing mites results in
intense itching, resulting in scratching and severe fur loss, which can
lead to
[[Page 15164]]
mortality from exposure during severe winter weather or secondary
infections (Kreeger 2003, pp. 207-208). Advanced mange can involve the
entire body and can cause emaciation, decreased flight distance,
staggering, and death (Kreeger 2003, p. 207). In a long-term Alberta
wolf study, higher wolf densities were correlated with increased
incidence of mange, and pup survival decreased as the incidence of
mange increased (Brand et al. 1995, pp. 427-428). Mange has been shown
to temporarily affect wolf population growth rates and perhaps wolf
distribution (Kreeger 2003, p. 208).
Mange has been detected in, and caused mortality to, wolves in the
NRM almost exclusively in the GYA, and primarily east of the
Continental Divide (Jimenez et al. 2008b; Atkinson 2006, p. 5; Smith
and Almberg 2007, p. 19). Those wolves likely contracted mange from
coyotes or fox whose populations experience occasional outbreaks.
Between 2003 and 2008, the percent of Montana packs with mange
fluctuated between 3 and 24 percent of packs including infestation
rates of 3%, 10%, 24%, 10%, 4%, and 0%, respectively. Between 2002 and
2008, the percent of Wyoming packs with mange fluctuated between 3 and
15 percent of packs including infestation rates of 5%, 8%, 12%, 3%, 9%,
15%, and 15%, respectively. In these cases, mange did not appear to
infest every member of the pack. For example, in 2008, manage was
detected in 8 wolves from 4 different packs in YNP, one pack in Wyoming
outside YNP, and a couple of packs in previously infested areas of
southwestern Montana. Manage has never been confirmed in wolves in
Idaho (Jimenez et al. 2008b, p. 1).
In packs with the most severe infestations, pup survival appeared
low, and some adults died (Jimenez et al. 2008b). In addition, we
euthanized several wolves with severe mange for humane reasons and
because of their abnormal behavior. We predict that mange in the NRM
will act as it has in other parts of North America (Brand et al. 1995,
pp. 427-428; Kreeger 2003, pp. 207-208) and not threaten wolf
population viability. Evidence suggests NRM wolves will not be infested
on a chronic population-wide level given the recent response of wolves
that naturally overcame a mange infestation (Jimenez et al. 2008b, p.
1).
Dog-biting lice (Trichodectes canis) commonly feed on domestic
dogs, but can infest coyotes and wolves (Schwartz et al. 1983, p. 372;
Mech et al. 1985, p. 404). The lice can attain severe infestations,
particularly in pups. The worst infestations can result in severe
scratching, irritated and raw skin, substantial hair loss particularly
in the groin, and poor condition. While no wolf mortality has been
confirmed, death from exposure and/or secondary infection following
self-inflicted trauma, caused by inflammation and itching, appears
possible. Dog-biting lice were first confirmed in NRM wolves on two
members of the Battlefield pack in the Big Hole Valley of southwestern
Montana in 2005, and on a wolf in south-central Idaho in early 2006,
but their infestations were not severe (Service et al. 2006, p. 15;
Atkinson 2006, p. 5; Jimenez et al. 2008c). The source of this
infestation is unknown, but was likely domestic dogs. Lice have not
been documented in the NRM since 2006.
Rabies, canine heartworm (Dirofilaria immitus), blastomycosis,
brucellosis, neosporsis, leptospirosis, bovine tuberculosis, canine
coronavirus, viral papillomatosis, hookworm, tapeworm (Echinococcus
granulosus, Foreyt et al. 2008, p. 1), lice, coccidiosis, and canine
adenovirus/hepatitis have all been documented in wild gray wolves, but
their impacts on future wild wolf populations are not likely to be
significant (Brand et al. 1995, pp. 419-429; Johnson 1995a, b, pp. 5-
73, 1995b, pp. 5-49; Mech and Kurtz 1999, p. 305; Wisconsin Department
of Natural Resources 1999, p. 61; Kreeger 2003, pp. 202-214; Atkinson
2006, p. 1-7). Canid rabies caused local population declines in Alaska
(Ballard and Krausman 1997, p. 242) and may temporarily limit
population growth or distribution where another species, such as arctic
foxes (Alopex lagopus), act as a reservoir for the disease. We have not
detected rabies in wolves in the NRM. Range expansion could provide new
avenues for exposure to several of these diseases, especially canine
heartworm, rabies, bovine tuberculosis, and possibly new diseases such
as chronic wasting disease and West Nile virus, further emphasizing the
need for vigilant disease monitoring programs.
Because several of the diseases and parasites are known to be
spread by wolf-to-wolf contact, their incidence may increase if wolf
densities increase. However, because wolf densities are already high
and may be peaking (Service et al. 2009, Table 1 & Figure 1), wolf-to-
wolf contacts will not likely lead to a continuing increase in disease
prevalence. The wolves' exposure to these types of organisms may be
most common outside of the core population areas, where domestic dogs
are most common, and lowest in the core population areas because wolves
tend to flow out of, not into, saturated habitats. Despite this
dynamic, we assume that most NRM wolves will continue to have exposure
to most diseases and parasites in the system. Diseases or parasites
have not been a significant threat to wolf population recovery in the
NRM or elsewhere to date, and we have no reason to believe that they
will become a significant threat to their viability in the foreseeable
future.
In terms of future monitoring, States have committed to monitor the
NRM wolf population for significant disease and parasite problems.
State wildlife health programs often cooperate with Federal agencies
and universities and usually have both reactive and proactive wildlife
health monitoring protocols. Reactive strategies consist of periodic
intensive investigations after disease or parasite problems have been
detected through routine management practices, such as pelt
examination, reports from hunters, research projects, or population
monitoring. Proactive strategies often involve ongoing routine
investigation of wildlife health information through collection and
analysis of blood and tissue samples from all or a sub-sample of
wildlife carcasses or live animals that are handled. We do not believe
that diseases or changes in disease monitoring will threaten wolf
population recovery in the NRM DPS.
Natural Predation--No wild animals routinely prey on gray wolves
(Ballard et al. 2003, pp. 259-260). Occasionally wolves have been
killed by large prey such as elk, deer, bison, and moose (Mech and
Nelson 1989, p. 207; Smith et al. 2006, p. 247; Mech and Peterson 2003,
p. 134), but those instances are few. Since the 1980s, wolves in the
NRM have died from wounds they received while attacking prey on about a
dozen occasions (Smith et al. 2006, p. 247). That level of natural
mortality could not significantly affect wolf population viability or
stability.
Since NRM wolves have been monitored, only three wolves have been
confirmed killed by other large predators. Two adults were killed by
mountain lions, and one pup was killed by a grizzly bear (Jimenez et
al. 2008a, p. 1). Wolves in the NRM inhabit the same areas as mountain
lions, grizzly bears, and black bears, but conflicts rarely result in
the death of either species. Wolves evolved with other large predators,
and no other large predators in North America, except humans, have the
potential to significantly impact wolf populations.
Other wolves are the largest cause of natural predation among
wolves. Numerous mortalities have resulted from territorial conflicts
between wolves and about 7 percent of wolf deaths are
[[Page 15165]]
caused by territorial conflict in the NRM wolf population (Smith 2007,
p. 1). Wherever wolf packs occur, including the NRM, some low level of
wolf mortality will result from territorial conflict. Wolf populations
tend to regulate their own densities; consequently, territorial
conflict is highest in saturated habitats like YNP. This cause of
mortality is infrequent except at carry-capacity and does not result in
a level of mortality (<3 percent rate of natural wolf mortality in the
NRM) that would significantly affect a wolf population's viability in
the NRM (Smith et al. 2008, p. 1).
Human-caused Predation--Wolves are susceptible to human-caused
mortality, especially in open habitats such as those that occur in the
western United States (Bangs et al. 2004, p. 93). An active eradication
program is the sole reason that wolves were extirpated from the NRM
(Weaver 1978, p. i). Humans kill wolves for a number of reasons. In all
locations where people, livestock, and wolves coexist, some wolves are
killed to resolve conflicts with livestock (Fritts et al. 2003, p. 310;
Woodroffe et al. 2005, pp. 86-107, 345-7). Occasionally, wolf killings
are accidental (e.g., wolves are hit by vehicles, mistaken for coyotes
and shot, or caught in traps set for other animals) (Bangs et al. 2005,
p. 346) and some are reported to State, Tribal, and Federal
authorities. A few (2 in 2008) wolves have been killed by people who
stated that they believed their physical safety was being threatened.
However, many wolf killings are intentional, illegal, and are never
reported to authorities. Wolves may become unwary of people or human
activity, and that can make them vulnerable to human-caused mortality
(Mech and Boitani 2003, pp. 300-302). In the NRM, mountain topography
concentrates both wolf and human activity in valley bottoms (Boyd and
Pletscher 1999, p. 1105), especially in winter, which increases wolf
exposure to human-caused mortality. The number of illegal killings is
difficult to estimate and impossible to accurately determine because
they generally occur with few witnesses. Often the evidence has decayed
by the time the wolf's carcass is discovered or the evidence is
destroyed or concealed by the perpetrators. While human-caused
mortality, including both illegal killing and agency control, has not
prevented population recovery, it has affected NRM wolf distribution
(Bangs et al. 2004, p. 93) preventing successfully pack establishment
and persistence in open prairie or high desert habitats (Bangs et al.
1998, p. 788; Service et al. 1989-2009, Figure 1).
As part of the interagency wolf monitoring program and various
research projects, about 30 percent of the NRM wolf population has been
monitored with radio telemetry since the 1980s (Smith et al. 2008, p.
1). The annual survival rate of mature wolves in northwestern Montana
and adjacent Canada from 1984 through 1995 was 80 percent (Pletscher et
al. 1997, p. 459) including 84 percent for resident wolves and 66
percent for dispersers. A preliminary analysis of the survival data
among NRM radio-collared wolves (Hensey and Fuller 1983, p. 1; Smith et
al. 2008, p. 1) from 1984 through 2006 indicates that about 26 percent
of adult-sized wolves die every year, so annual adult survival averages
about 74 percent, which typically allows wolf population growth (Keith
1983, p. 66; Fuller et al. 2003, p. 182). Wolves in the largest blocks
of remote habitat without livestock, such as central Idaho or YNP, had
annual survival rates around 80 percent (Smith et al., 2006 p. 245;
Smith et al. 2008). Wolves outside of large remote areas had survival
rates as low as 54 percent in some years (Smith et al. 2006, p. 245;
Smith et al. 2008, p. 1). This percentage is among the lower end of
adult wolf survival rates that an isolated population can sustain
(Fuller et al. 2003, p. 185).
Of all mortalities of radio-collared wolves from 1984-2004, 21
percent were killed by natural causes (including 7 percent wolf-to-wolf
conflict), 15 percent died from human-caused mortality other than
agency control (vehicles, capture-related, incidental trapping,
accidents, and legal harvest of wolves that range into Canada), 28
percent were killed in control actions, 21 percent were illegally
killed, and in 15 percent cause of death was unknown (Smith 2007, p.
1). Nevertheless, wolf numbers have increased at rate of about 22
percent annually, until 2008, in the face of ongoing levels of human-
caused mortality.
It should be noted that our analysis did not estimate the cause or
rate of survival among pups younger than 7 months of age because they
are too small to radio-collar. These survival rates may also be biased
in other ways. Wolves are more likely to be radio-collared if they
likely to come into conflict with people, so the proportion of
mortality caused by agency depredation control actions could be
overestimated by radio-telemetry data. Wolves initially radio-collared
because of livestock depredation had higher rates of mortality (Murray
et al. 2008, p. 1). People who illegally kill wolves may destroy the
radio-collar, so the proportion of illegal mortality could be
underestimated. Wolves that disperse long distances are much more
difficult to locate than resident wolves, so their survival maybe even
lower than telemetry data indicate (Murray et al. 2008, p. 1). The high
proportion of wolves radio-collared in National Parks for research
purposes can result in underestimating the overall rate of human-caused
mortality in the NRM wolf population.
Wolf mortality from agency control of problem wolves (which
includes legal take by private individuals under defense of property
regulations in rules promulgated under section 10(j) of the Act) is
estimated to remove around 10 percent of adult radio-collared wolves
annually. If the Act's protections were removed, we expect comparable
levels of agency control. In terms of defense of property, from 1995
through 2008, about 75 wolves were legally killed by private citizens
under Federal defense of property regulations (Service 1994, pp. 2:13-
14; 59 FR 60252, November 22, 1994; 59 FR 60266, November 22, 1994; 70
FR 1286, January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR 17.84(i)
& (n)). Existing 10(j) regulations are similar to State laws that would
take effect and direct take of problem wolves if wolves were delisted,
except in Wyoming. Thus, we do not expect private citizen take under
State defense of property laws to significantly increase the overall
rate of wolf removal, except in Wyoming (Bangs et al. in press, pp. 19-
20). All sources of human-caused mortality would be considered in total
allowable mortality levels. In Wyoming, State law mandates much more
aggressive control in the Trophy game area and unregulated take in the
predatory animal area and would far exceed take allowed under existing
10(j) regulations. Given adequate regulatory mechanisms in all portions
of the NRM DPS, except Wyoming, we believe this issue will not threaten
the recovered status of the NRM DPS, except in Wyoming. These issues
are discussed in more detail relative to State regulation in Factor D
below.
In our previous final rule we explained that, post-delisting, State
management would likely increase the mortality rate outside National
Parks and National Wildlife Refuges from its current level (Smith et
al. 2008, p. 1). We explained that wolf mortality could nearly double
without reducing the population (Fuller et al. 2003, p. 185). In 2008,
the high number of wolves in the NRMs, saturation of suitable habitat,
and increased dispersal into unsuitable habitat, in combination with
more
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aggressive State management frameworks, resulted in about a forty
percent increase (78 wolves) in agency authorized control actions from
the previous year. As more wolves tried to establish themselves in
unsuitable habitat livestock depredations increased and more wolves and
a larger percentage of the wolf population were killed by agency
control actions. However, this increase alone could not have resulted
in the slower growth in the NRM wolf population. Increased agency
control only explains between thirty-three percent of the difference
between a predicted NRM wolf population of 1,876 wolves for 2008
(assuming continued population growth of 24 percent as documented prior
to 2008) and our actual mid-year 2008 estimate of 1,639 wolves, a
difference of 237 wolves. We also think it's unlikely other sources of
human-caused mortality made up the difference between these two
estimates. Instead, we believe the NRM's slowing growth was primarily
the result of reaching carry capacity where a host of natural causes
(disease, social strife, starvation, etc.) have acted to help control
the population.
In summary, recent and predicted human-caused mortality rates will
allow for rapid wolf population growth when the wolf population is
below carrying capacity. The protection of wolves under the Act
promoted rapid initial wolf population growth in suitable habitat.
Montana, Idaho, and Wyoming have committed to continue to regulate
human-caused mortality so that it does not reduce the NRM wolf
population below recovery levels. But only Montana, Idaho, Oregon,
Washington, and Utah have adequate laws and regulations to fulfill
those commitments and ensure that the NRM wolf population remains above
recovery levels (see Factor D). Each post-delisting management entity
(State, Tribal, and Federal) has experienced and professional wildlife
staff to ensure those commitments can be accomplished.
D. The Adequacy or Inadequacy of Existing Regulatory Mechanisms
The following analysis summarizes the current regulatory approach
as well as the regulatory mechanisms that would take effect post-
delisting. The analysis considers whether such post-delisting
regulatory mechanisms in each portion of the NRM DPS are adequate to
maintain the recovered status of the NRM DPS.
Current Wolf Management--The 1980 and 1987 NRM wolf recovery plans
(Service 1980, p. 4; Service 1987, p. 3) recognized that conflict with
livestock was the major reason that wolves were extirpated, and that
management of conflicts was a necessary component of wolf restoration.
The plans also recognized that control of problem wolves was necessary
to maintain local public tolerance of wolves and that removal of some
wolves would not prevent the wolf population from achieving recovery.
In 1988, the Service developed an interim wolf control plan that
applied to Montana and Wyoming (Service 1988, p. 1); the plan was
amended in 1990 to include Idaho and eastern Washington (Service 1990,
p. 1). We analyzed the effectiveness of those plans in 1999, and
revised our guidelines for management of problem wolves listed as
endangered (Service 1999, p. 1). Evidence showed that most wolves do
not attack livestock, especially larger livestock such as adult horses
and cattle, but wolf presence around livestock will always result in
some level of depredation (Bangs and Shivik 2001; Bangs et al. 2005,
pp. 348-350). Therefore, we developed a set of guidelines under which
depredating wolves could be harassed, moved, or killed by agency
officials (Service 1999, pp. 39-40). The control plans were based on
the premise that agency wolf control actions would affect only a small
number of wolves, but would sustain public tolerance for non-
depredating wolves, thus enhancing the chances for successful
population recovery (Mech 1995, pp. 276-276). Our assumptions have
proven correct, as wolf depredation on livestock and subsequent agency
control actions have remained compatible with recovery, as the wolf
population expanded its distribution and numbers far beyond, and more
quickly than, earlier predictions (Service 1994, p. 2:12; Service et
al. 2007, Tables 4).
The conflict between wolves and livestock has resulted in the
average annual removal of 8 to 14 percent of the wolf population (Bangs
et al. 1995, p. 130; Bangs et al. 2004, p. 92; Bangs et al. 2005, pp.
342-344; Service et al. 2008, Tables 4, 5; Smith et al. 2008, p. 1). We
estimate illegal killing removed another 10 percent of the wolf
population, and accidental and unintentional human-caused deaths have
removed 3 percent of the population annually (Smith et al. 2008, p. 1).
Even with this level of mortality, populations have expanded rapidly
(Service et al. 2008, Table 5). Despite liberal regulations regarding
wolf removal, nearly all suitable areas for wolves are being occupied
by resident packs (Service et al. 2008, Figure 1; Oakleaf et al. 2005,
p. 559). The outer NRM wolf pack distribution has remained largely
unchanged since the end of 2000 (Service et al. 2001-2009, Figure 1),
indicating that wolf packs are simply filling in the areas with
suitable habitat, not successfully expanding their range into
unsuitable habitat. As we previously explained in the recovery section,
we believe that the NRM wolf population is likely at or above long-term
carrying capacity.
Because wolf populations continually try to expand, we expect
wolves will increasingly disperse into unsuitable areas that are
intensively used for livestock production. A higher percentage of
wolves in those areas will become involved in conflicts with livestock,
and a higher percentage of those wolves will be removed to reduce
future livestock damage. In the earlier stages of wolf restoration
about 6 percent of the NRM wolf population was removed annually
(Service et al. 2008, Table 5). In recent years, this total has more
than doubled (Service et al. 2007-2009, Table 5). Fuller et al. (2003)
reviewed all available wolf studies to determine whether a population
increased, stabilized, or decreased based on its annual mortality
rates. According to these field data, assuming the population is
maintained below carrying capacity, human-caused mortality would have
to remove somewhere between 34 percent and 50 percent of the wolf
population annually before the population would decline (Fuller et al.
2003, pp. 184-185). In practice, until 2008, the wolf population grew
an average rate of 24 percent annually despite an annual mortality rate
of 26 percent (ranging from 20 to 50 percent depending on location and
year) (Smith et al. 2008, p. 1). Actual capacity to withstand mortality
will vary by geographic area. The State laws and management plans
intend to balance the level of wolf mortality, primarily human-caused
mortality, with the wolf population growth rate to achieve desired
population objectives.
Adequacy of Regulatory Mechanisms Within the NRM DPS--It has been
long recognized that the future conservation of a delisted wolf
population in the NRM depends almost solely on State regulation of
human-caused mortality. In 1999, the Governors of Montana, Idaho, and
Wyoming agreed that regional coordination in wolf management planning
among the State, Tribes, and other jurisdictions was necessary. They
signed a MOU to facilitate cooperation among the three States in
developing adequate State wolf management plans so that delisting could
proceed. In this agreement, all
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three States committed to maintain at least 10 breeding pairs and 100
wolves per State. The States were to develop their pack definitions to
approximate the current breeding pair definition. Governors from the
three States renewed that agreement in April 2002.
Because the primary threat to the wolf population (human caused
mortality) still has the potential to significantly impact wolf
populations if not adequately managed, we must find that the States
will manage for sustainable mortality levels before we can remove the
Act's protections. Therefore, we requested that the States of Montana,
Idaho, and Wyoming prepare State wolf management plans to demonstrate
how they would manage wolves after the protections of the Act were
removed. With limited suitable habitat in Washington, Oregon, and Utah
and on Tribal lands within the NRM DPS, we believe these areas will
play only a small role in the conservation of the NRM DPS. We do not
believe threats in those States or on Tribal lands are likely to be
significant enough to affect wolf population recovery. Nevertheless,
all areas within the NRM DPS are considered below.
Several issues were key to our approval of State plans including:
Consistency between State laws, management plans, and regulations;
regulations that prevent excessive take; methods used to measure wolf
population status; the organizational ability and skill to successfully
monitor and manage State wolf populations; and commitments to manage
wolves safely above minimum recovery levels. Our determination of the
adequacy of those three key State management plans was based on the
combination of Service knowledge of State law, the State management
plans, wolf biology, our experience managing wolves for the last 20
years, the success of wolf management in other areas of the world peer
review of the State plans, the State response to peer review, and
public comments including those from the States.
State plans and other documents pertinent to State wolf management
post-delisting can be viewed at http://westerngraywolf.fws.gov/. All
current State and Tribal management laws, plans, and regulations in the
NRM DPS have been evaluated and are discussed below.
Montana--Montana has demonstrated their capacity to manage their
wolf population. In June 2005, MFWP entered into a Cooperative
Agreement with the Service allowing it manage all wolves in the State
subject to general oversight by the Service. The State's efforts have
proven successful, as Montana's wolf population estimate increased from
152 wolves in 15 breeding pairs in late 2004 to about 491 wolves in 34
breeding pairs in 2008 (Service et al. 2009, Table 4). Preliminary data
also indicated that Montana's wolf population in 2008 would be at
higher levels than in 2007 (McDonald 2008). Their post-delisting
approach is discussed in detail below.
The gray wolf was listed under the Montana Nongame and Endangered
Species Conservation Act of 1973 (87-5-101 MCA). Senate Bill 163,
passed by the Montana Legislature and signed into law by the Governor
in 2001 and Administrative Rules of Montana 12.2.501 and 12.5.201
establish the current legal status for wolves in Montana. Upon Federal
delisting, wolves would be classified and protected under Montana law
as a ``Species in Need of Management'' (MCA 87-5-101 to 87-5-123).
Montana law defines ``species in need of management'' as ``The
collection and application of biological information for the purposes
of increasing the number of individuals within species and populations
of wildlife up to the optimum carrying capacity of their habitat and
maintain those levels. The term includes the entire range of activities
that constitute a modern scientific resource program, including, but
not limited to research, census, law enforcement, habitat improvement,
and education. The term also includes the periodic or total protection
of species or populations as well as regulated taking.''
Classification as a ``Species in Need of Management'' and the
associated administrative rules under Montana State law create the
legal mechanism to protect wolves and regulate human-caused mortality
(including regulated public harvest) beyond the immediate defense of
life/property situations. Some illegal human-caused mortality would
still occur, but is to be prosecuted under State law and Commission
regulations.
In 2000, the Governor of Montana appointed the Montana Wolf
Management Advisory Council to advise MFWP regarding wolf management
after the species is removed from the lists of Federal and State-
protected species. In August 2003, MFWP completed a Final EIS pursuant
to the Montana Environmental Policy Act and recommended that the
Updated Advisory Council alternative be selected as Montana's Final
Gray Wolf Conservation and Management Plan (Montana 2003, p. 131). See
http://fwp.mt.gov/wildthings/wolf/default.html to view the MFWP Final
EIS and the Montana Gray Wolf Conservation and Management Plan.
Under the management plan, the wolf population would be maintained
above the recovery level of 10 breeding pairs by managing for a total
of at least 15 breeding pairs. Wolves would not be deliberately
confined to any specific geographic areas of Montana nor would the
population size be deliberately capped at a specific level. However,
wolf numbers and distribution would be managed adaptively based on
ecological factors, wolf population status, conflict mitigation, and
human social tolerance.
The plan and Administrative Rules commit MFWP to implement its
management framework in a manner that encourages connectivity among
wolf populations in Canada, Idaho, GYA, and Montana to maintain the
overall metapopulation structure (see Factor E.). Overall, wolf
management would include population monitoring, routine analysis of
population health, management in concert with prey populations, law
enforcement, control of domestic animal/human conflicts, implementation
of a wolf-damage mitigation and reimbursement program, research, and
information and public outreach. Montana's plan (Montana 2003, p. 132)
predicted that under State management, the wolf population would be
between 328 and 657 wolves with approximately 27 to 54 breeding pairs
by 2015.
An important ecological factor determining wolf distribution in
Montana is the availability and distribution of wild ungulates. Montana
has a rich, diverse, and widely distributed prey base on both public
and private lands. The MFWP has and will continue to manage wild
ungulates according to Commission-approved policy direction and species
management plans. The plans typically describe a management philosophy
that protects the long-term sustainability of the ungulate populations,
allows recreational hunting of surplus game, and aims to keep the
population within management objectives based on ecological and social
considerations. The MFWP takes a proactive approach to integrate
management of ungulates and carnivores. Ungulate harvest is to be
balanced with maintaining sufficient prey populations to sustain
Montana's segment of a recovered wolf population. Ongoing efforts to
monitor populations of both ungulates and wolves will provide credible,
scientific information for wildlife management decisions.
MFWP will manage problem wolves in a manner similar to the control
program currently being implemented in the experimental population area
in
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southern Montana. Similar to the current federal regulations in the
experimental areas, Montana law (MCA 87-3-130) will allow a citizen to
haze, harass, or kill a wolf that is seen attacking, killing, or
threatening to kill a person or livestock or domestic dogs.
Administrative Rules of Montana (12.9.1301 through 12.9.1305) will
guide MFWP's approach to addressing wolf-livestock conflicts, including
non-lethal and lethal control. Agency control of problem wolves is
incremental and in response to confirmed depredations. State management
of conflicts would become more conservative and no public hunting would
be allowed if there were fewer than 15 breeding pairs statewide.
State laws, Administrative Rules and Commission-approved
regulations would allow agency management of problem wolves by MFWP and
USDA-Wildlife Services (WS); take by private citizens in defense of
private property; and, when the population is above 15 breeding pairs,
regulated fair chase hunting of wolves. Montana law allowing take in
defense of private property is similar to the 2005 experimental
population regulations, whereby livestock owners can shoot wolves seen
attacking or threatening livestock or domestic dogs as long as such
incidents are reported promptly and subsequent investigations confirm
that livestock were being attacked by wolves. Since 2004, MFWP has
enlisted and directed USDA-WS in problem wolf management, just as the
Service has done since 1987.
For the 2008 hunting season, MFWP recommended a tentative state-
wide total harvest quota of 75 wolves, split across three wolf
management units. The Commission's decision to adopt final quotas was
pre-empted by issuance of the preliminary injunction. Thus, the
Commission did not adopt final quotas. If it would have approved MFWP's
recommendation and implemented, a MFWP simulation model predicted that
one year later, there would be about 497 wolves, between 93 and 100
packs, and between 44 and 61 breeding pairs in Montana; this would have
been larger than the minimum 2007 population.
This model simulation now appears to have been reasonable because
without hunting, the wolf population increased by 69 wolves in 2008.
Montana's wolf season-setting processes (framework and quotas) also
incorporate adequate safety nets to prevent overharvest. These include:
(1) Establishing quotas at a time of year (tentative in July and final
in August) so that the most current monitoring data could be
considered; (2) creation of a 1-800 hotline update so that hunters
would know whether or not wolf harvest was legal (i.e. quota was open)
prior to going hunting; (3) mandatory reporting of successful harvest
within 12 hours so FWP can closely monitor hunter success and quota
status; (4) mandatory carcass inspection within 10 days to verify age/
sex of harvested animals and collect other biological information; (5)
closure of the season upon a 24-hour notice when a wildlife management
unit the quota is filled; (6) FWP authority to initiate a season
closure prior to reaching a quota when conditions or circumstances
indicate the quota may be reached within 24 hours; (7) definite season-
ending closure date, regardless of whether the quotas were reached; and
(8) emergency season closure at any time by order of the FWP
Commission. If the full tentative state-wide harvest recommended MFWP
had occurred in 2008, it would have resulted in an estimated statewide
wolf population of 416 wolves in 35 to 40 breeding pairs. Should
overharvest ever occur, next years harvest would be adjusted to
compensate. No public hunting would be allowed if there were fewer than
15 breeding pairs statewide.
The MFWP Commission also prohibited more than 25% of the total
allowable wolf management unit quota to be taken during the month of
December. This would have limited wolf harvest when wolves are known to
disperse at higher rates.
Hunt and defense of property laws, regulations, and other
background information can be viewed at: http://westerngraywolf.fws.gov
and in Montana's (2008) comments on the delisting proposal.
When the Service reviewed and determined that the Montana wolf plan
and regulatory framework met the requirements of the Act, we stated
that Montana's wolf management plan would maintain a recovered wolf
population and minimize conflicts with other traditional activities in
Montana's landscape. We have also carefully reviewed Montana's 2008
comments on this rule (McDonald 2008). In their comments Montana
explained in detail how their regulatory framework guarantee's the
secure future of wolves in Montana, the process used to develop
Montana's hunting framework and quota system and its safeguards, and
its commitment and the steps Montana had already taken to ensuring
demographic and genetic connectivity with Canada and the other recovery
areas. The Service has every confidence that Montana will implement,
for the foreseeable future, the commitments it has made in its current
laws, regulations, and wolf plan. Thus, we continue to determine that
Montana's State law, wolf management plan, and implementing regulations
provide the necessary regulatory mechanisms to assure maintenance of
the State numerical and distributional share of a recovered NRM wolf
population well into the foreseeable future.
Idaho--Idaho has demonstrated their capacity to manage their wolf
population. In January 2006, the Governor of Idaho signed a Memorandum
of Understanding with the Secretary of the Interior that provided IDFG
the responsibility and authority to manage all Idaho wolves as a
designated agent of the Service. The State's efforts have proven
successful, as Idaho's wolf population estimate increased from 512
wolves in 36 breeding pairs in late 2005 (Service et al. 2006, Table 4)
to about 846 wolves in 39 breeding pairs in 2008 (Service et al. 2009).
Slower growth and higher levels of conflicts in 2008 indicates suitable
habitat maybe saturated and the wolf population will stabilize because
it is at carrying capacity. Their post-delisting approach is discussed
in detail below.
The Idaho Fish and Game Commission (IFGC) has authority to classify
wildlife under Idaho Code 36-104(b) and 36-201. The gray wolf was
classified as endangered by the State until March 2005, when the IFGC
reclassified the species as a big game animal under Idaho
Administrative Procedures Act (13.01.06.100.01.d). The big game
classification will take effect once this rule becomes effective. As a
big game animal, State regulations will adjust human-caused wolf
mortality to ensure recovery levels are exceeded. Title 36 of the Idaho
statutes has penalties associated with illegal take of big game
animals. These rules are consistent with the legislatively adopted
Idaho Wolf Conservation and Management Plan (IWCMP) (Idaho 2002) and
big game hunting regulations currently in place. The IWCMP states that
wolves will be protected against illegal take as a big game animal
under Idaho Code 36-1402, 36-1404, and 36-202(h).
The IWCMP was written with the assistance and leadership of the
Wolf Oversight Committee established in 1992 by the Idaho Legislature.
Many special interest groups including legislators, sportsmen,
livestock producers, conservationists, and IDFG personnel were involved
in the development of the IWCMP. The Service provided technical advice
to the Committee and reviewed numerous drafts before the IWCMP was
finalized.
[[Page 15169]]
In March 2002, the IWCMP was adopted by joint resolution of the Idaho
Legislature. The IWCMP can be found at: http://www.fishandgame.idaho.gov/cms/wildlife/wolves/wolf_plan.pdf.
The IWCMP calls for IDFG: To be the primary manager of wolves after
delisting; to maintain a minimum of 15 packs of wolves to maintain a
substantial margin of safety over the 10 breeding pair minimum; and to
manage them as a viable self-sustaining population that will never
require relisting under the Act. Wolf take will be more liberal if
there are more than 15 packs and more conservative if there are fewer
than 15 packs in Idaho. The wolf population will be managed by defense
of property regulations similar to those now in effect under the Act.
Public harvest will be incorporated as a management tool when there are
15 or more packs in Idaho to help mitigate conflicts with livestock
producers or big game populations that outfitters, guides, and others
hunt. The IWCMP allows IDFG to classify the wolf as a big game animal
or furbearer, or to assign a special classification of predator, so
that human-caused mortality can be regulated. In March 2005, the IGFC
adopted the classification of wolves as a big game animal post-
delisting, with the intent of managing wolves similar to black bears
and mountain lions, including regulated public harvest when populations
are above 15 packs. The IWCMP calls for the State to coordinate with
USDA-WS to manage depredating wolves depending on the number of wolves
in the State. It also calls for a balanced educational effort.
In November 2007, Idaho released its Wolf Population Management
Plan for public review and comment (Otter 2007, p. 1; Idaho 2007). That
plan is a more detailed step-down management plan compared to the
general guidance given in the plan Idaho adopted in 2002 and discusses
the State's intent to manage the population above 20 breeding pairs to
provide hunting opportunities for wolves surplus to that goal (Idaho
2007). The population goal within the plan calls for maintaining the
population near or above the 2005 levels (approximately 520 wolves).
The 2007 plan details how wolf populations will be managed to assure
their niche in Idaho's wild places into the future (Otter 2007). It was
finalized and adopted by the IFGC in March 2008.
Maintenance of prey populations is an important part of continued
wolf recovery. The IDFG will manage elk and deer populations to meet
biological and social objectives according to the State's species
management plans. The IDFG will manage both ungulates and carnivores,
including wolves, to maintain viable populations of each. Ungulate
harvest will focus on maintaining sufficient prey populations to
sustain quality hunting and healthy, viable wolf and other carnivore
populations. IDFG has conducted research to better understand the
impacts of wolves and their relationships to ungulate population sizes
and distribution so that regulated take of wolves can be used to assist
in management of ungulate populations and vice versa.
The Mule Deer Initiative in southeast Idaho was implemented by IDFG
in 2005, to restore and improve mule deer populations. Though most of
the initiative lies outside current wolf range and suitable wolf
habitat in Idaho, improving ungulate populations and hunter success
will decrease negative attitudes toward wolves. When mule deer
increase, some wolves may move into the areas that are being
highlighted under the initiative. Habitat improvements within much of
southeast Idaho would focus on improving mule deer conditions. The
Clearwater Elk Initiative also is an attempt to improve elk numbers in
the area of the Clearwater Region in north Idaho where currently IDFG
has concerns about the health of that once-abundant elk herd (Idaho
2006). This is the same area where low elk numbers resulted in a
proposal to temporarily reduce wolf density for 5 years in an attempt
to increase elk numbers. Ultimately more prey always allows areas the
potential to support more predators, including wolves.
Once wolves are delisted, human-caused mortality will be regulated
as directed by the IWCMP to maintain a recovered wolf population. In
its preliminary injunction order, the District Court stated that
Idaho's depredation control law was not likely to threaten the
continued existence of the wolf in Idaho because that State has
committed to managing for at least 15 breeding pairs and at least 150
wolves. We agree with this conclusion. The Idaho management plan is
designed to maintain the Idaho wolf population at over 500 wolves in
midwinter. At this level, it would be impossible for the Idaho's
defense of property regulations to significantly affect the overall
rate of wolf mortality in Idaho (Smith et al. 2008, p. 1; Service et
al. 2009, Table 5). Furthermore, every mortality, including defense of
property mortality which usually occurs in summer, will be deducted
from the fall hunting quota. Therefore, all wolves taken in defense of
property in Idaho would simply reduce the amount that could otherwise
be taken by hunters in the fall. Idaho provided a more detailed
analysis of their regulatory framework in their comments (Otter 2008)
to our 2008 notice (73 FR 63926, October 28, 2008) reopening the
comment period on our February 8, 2007 proposed rule (72 FR 6106).
The court specifically noted that Idaho's final wolf hunting
regulations set a quota for the 2008 hunting season of 428 wolves from
all causes of mortality Statewide. We anticipate that most mortality
from hunters would occur in the fall elk and deer season in October and
November when access is greatest and more hunters are afield. Mortality
limits were set by zone so that once reached, the hunting season for
that zone would be closed. As implemented, Idaho included all take in
defense of property in the total allowable mortality levels. Mandatory
reporting of harvest or defense of property take is required within 72
hours. The court's July 18, 2008, order preliminarily enjoining the
delisting rule prevented implementation of the 2008 hunting season. Had
the hunting season occurred, the maximum level of wolf mortality would
have been a maximum (and likely unreachable) harvest of about 244
wolves. If that one-year quota had been fully achieved it would have
still likely resulted in a remaining wolf population in Idaho of at
least 602 wolves by mid-winter 2008 (Otter 2008). In subsequent years,
Idaho intended to greatly reduce the harvest to about 54 wolves per
year to maintain the wolf population at or above 518 wolves statewide.
Any changes in actual harvest or actual wolf population levels from
theoretical predictions would be adjusted (adaptive management) in
subsequent years. Wolf populations are so biologically resilient, Idaho
habitat so productive and expansive, and Idaho is managing for such a
large buffer above minimum population levels, that such typical year-
to-year fluctuations between theory and reality would never reduce the
wolf population below State, let alone recovery minimum levels.
Hunt and defense of property laws, regulations, and other
background information can be viewed at: http://westerngraywolf.fws.gov
and are discussed in detail in Idaho's (Otter 2008) comments on the
proposal for this delisting rule.
Our analysis of Idaho's regulatory framework determined that the
combined impact of the State law, their wolf management plans and IFGC
actions and implementing regulations constitute a biologically-based
and scientifically sound wolf conservation strategy. It will maintain
the wolf
[[Page 15170]]
population well above recovery minimums and the methods that they will
utilize to established the hunting quota system and harvest season it
will promote natural connectivity from Idaho into the GYA (Otter 2008).
The Service has every confidence that Idaho will implement, for the
foreseeable future, the commitments it has made in its current laws,
regulations, and wolf plan. Thus, we continue to determine that Idaho's
State law, wolf management plan, and implementing regulations provide
the necessary regulatory mechanisms to assure maintenance of the State
numerical and distributional share of a recovered NRM wolf population
well into the foreseeable future.
Wyoming--In 2007, the Wyoming legislature passed a State statute
which provided the framework for Wyoming's wolf management once the
wolf is delisted from the Act. Following the change in State law,
Wyoming drafted a revised wolf management plan (Wyoming 2007). On
November 16, 2007, the WGFC unanimously approved the 2007 Wyoming Plan
(Cleveland 2007, p. 1). On December 12, 2007, the Service determined
that this plan, if implemented, would provide adequate regulatory
protections to conserve Wyoming's portion of the recovered NRM wolf
population into the foreseeable future (Hall 2007, p. 1-3). The plan
went into effect upon the Governor's certification to the Wyoming
Secretary of State that all of the provisions found in the 2007 Wyoming
wolf management law have been met (W.S. Sec. Sec. 23-1-109(b)&(c);
Freudenthal 2007a, p. 1-3).
Implementation of that law was premised on Wyoming's Governor
certifying to the Wyoming Secretary of State that (1) the Service
publishing a delisting rule that includes the entire State of Wyoming
by February 28, 2007; (2) the Service completed a modification of the
2005 special rule (10j) for the experimental population that addressed
Wyoming's concerns about wolf management to maintain ungulate herds
above State management objectives; and (3) settlement of the claims in
Wyoming's lawsuit contesting the Service not approving Wyoming's 2003
wolf management law and wolf plan. Wyoming provided the necessary
certifications before the effective date and the Service-approved 2007
Wyoming wolf management plan was legally authorized by Wyoming
statutes. It was implemented on March 28, 2008, when the previous
delisting rule became effective (73 FR 10514, February 27, 2008).
During the subsequent litigation, the U.S. District Court for the
District of Montana reviewed our approval of Wyoming's regulatory
framework. The court stated that we acted arbitrarily in delisting a
wolf population that lacked evidence of genetic exchange between
subpopulations. The court also stated that we acted arbitrarily and
capriciously when we approved Wyoming's 2007 regulatory framework. The
court was particularly concerned that Wyoming failed to commit to
managing for at least 15 breeding pairs. The court also stated that
accepting a ``small'' trophy game area designation (approximately 12
percent of northwest Wyoming) was not supported by the record and was
therefore arbitrary and capricious. Even more problematic, in the
courts view, was the ``malleable'' nature of the trophy game area which
could be diminished by the WGFC post-delisting. Finally, the court
raised concerns with Wyoming's depredation control law which it viewed
as significantly more expansive than existing experimental population
regulations. The court concluded that the Plaintiffs were likely to
prevail on the merits of their claims.
Based on the concerns expressed by the district court, we
reanalyzed Wyoming's regulatory framework. A central component of
Wyoming's regulatory framework is its plan to designate wolves as
predatory animals across at least 88 percent of the State and manage
wolves as a trophy game animal in the remaining portions of northwest
Wyoming. The trophy game area totaled just over 31,000 km\2\ (12,000
mi\2\) (12% of Wyoming) in northwestern Wyoming, including YNP, Grand
Teton National Park, John D. Rockefeller Memorial Parkway, adjacent
U.S. Forest Service-designated Wilderness Areas, and adjacent public
and private lands.
In the predatory area, wolves will experience unregulated human-
caused mortality. Wolves are unlike coyotes in that wolf behavior and
reproductive biology results in wolves being extirpated in the face of
extensive human-caused mortality. As we have previously concluded (71
FR 43410, August 1, 2006; 72 FR 6106, February 8, 2007; 73 FR 10514,
February 27, 2008), wolves are unlikely to survive in portions of
Wyoming where they are regulated as predatory animals. This conclusion
was validated this spring. After our previous delisting became
effective, most of the wolves in the predatory animal area were killed
within a few weeks of losing the Act's protection (17 of at least 28).
Mortality included: 9 shot from the ground by private individuals,
sometimes after being chased long distances by snowmobile; 2 shot by
private aerial gunners permitted by the Wyoming Department of
Agriculture; 5 killed by agency authorized control, and 1 died of
unknown causes.
``Trophy game'' status allows the WGFC and WGFD to regulate methods
of take, hunting seasons, types of allowed take, and numbers of wolves
that could be killed. All other States within the NRM DPS manage wolves
as a game species.
We previously approved this approach because the 12 percent of
Wyoming where wolves would be managed as a trophy game species included
70 percent of the State's suitable wolf habitat and was presumed large
enough to support Wyoming's share of a recovered wolf population. This
approach failed to consider the impacts of the predatory animal area to
genetic connectivity. As discussed fully in Factor E and the Conclusion
of the 5-Factor Analysis sections below, we now believe Wyoming must
institute additional protections to facilitate natural genetic exchange
in order to constitute an adequate regulatory mechanism. Specifically,
long distance dispersers from other recovery areas, especially from
Idaho, are most likely to cross the predatory animal area to find and
join other packs (facilitating genetic connectivity) east or south of
YNP. This approach also had failed to consider the likelihood that some
lone wolves or even breeding pairs or packs from the trophy game area
may periodically and temporarily disperse from the trophy animal area.
Some of these dispersers would normally return to the northwest
Wyoming's core of suitable habitat. The current regulatory framework
substantially increases the odds that these periodic dispersers will
not survive, thus, impacting Wyoming's wolf population including
opportunities for genetic and demographic exchange. Wyoming's 2008 plan
commits to maintain genetic connectivity, but under State law they have
no management authority or means in the predatory animal area to
actually fulfill that promise.
While the statute sets the legal maximum for Wyoming's trophy game
area, ``This area may be diminished by rule of the commission if the
commission determines the diminution does not impede the delisting of
gray wolves and will facilitate Wyoming's management of wolves''
(Wyoming House Bill 0231, (xii)(l) p. 8). The first condition is not
useful since wolves would have already been delisted for Wyoming's law
to apply. As previously
[[Page 15171]]
determined (71 FR 43410, August 1, 2006), a smaller trophy game area is
not sufficient to maintain Wyoming's share of a recovered NRM gray wolf
population. Our previous analysis failed to consider the possibility
that the WGFC would alter these boundaries. We now determine that a
reduction in the trophy game area and expansion of the predatory area
would further limit breeding pair occupancy in Wyoming and reduce
opportunities for successful dispersal and genetic exchange.
Within the trophy game portions of the State, Wyoming State law
mandates an ``aggressive'' wolf management strategy that we now
determine is unlikely to conserve Wyoming's share of a recovered wolf
population. One flaw with Wyoming's approach is the law's dependence on
the National Parks to contribute at least 8 breeding pairs toward the
total goal of at least 15 breeding pairs statewide. Such dependence
could lead the Wyoming wolf population to quickly slide below recovery
goals. While the National Parks will maintain more than 8 breeding
pairs in most years, the National Parks' population will periodically
fall below 8 breeding pairs. In 2005, disease and other factors caused
the YNP population to fall to 118 wolves in 7 breeding pairs (Service
et al. 2006). Preliminary data for 2008 indicates similar natural
factors reduced the YNP population to 124 wolves in 6 breeding pairs
(Smith 2008). Wyoming State law maintains that ``the (WGFC) shall
promulgate rules and regulations requiring lethal control of wolves
harassing * * * livestock and for wolves occupying areas where chronic
wolf predation occurs.'' It goes on to state that ``permits shall be
issued as long as there are seven (7) breeding pairs within the State
and outside of YNP.'' The mandatory issuance of such lethal take
permits are independent of predictions whether the year-end wolf
population would be below 7 breeding pairs outside the National Parks
or 15 breeding pairs or 150 wolves Statewide. The law allows for
cancellation or suspension of permits only if further lethal control
could cause the relisting of wolves.
Thus, State law mandates aggressive management until the population
outside the National Parks fall to 6 breeding pairs. If such a
management strategy had been fully implemented in 2008, when disease
and other natural factors appear to have reduced the YNP population to
6 breeding pairs, the total Wyoming population would have fallen to the
minimum recovery goal and any additional unregulated mortality (e.g.,
illegal killing, defense of property, control of problem wolves, death
following dispersal into the predatory area) eliminating breeding pairs
would have pushed the Wyoming wolf population below minimum recovery
levels. We have long maintained that Wyoming, Montana, and Idaho must
each manage for at least 15 breeding pairs and at least 150 wolves in
mid-winter to ensure the population never falls below the minimum
recovery goal of 10 breeding pairs and 100 wolves per State. As
demonstrated here, Wyoming State law does not satisfy this standard.
Thus, we now determine Wyoming State law would prevent Wyoming from
maintaining its share of a recovered NRM wolf population into the
foreseeable future.
On March 13, 2008, WGFC issued regulations implementing the law
(Wyoming Chapter 21). These regulations further demonstrate the
inadequacy of the regulatory framework established by State law. As
noted above, State law requires lethal control of wolves where chronic
wolf predation occurs. The WGFC's implementing regulations defined a
``chronic wolf predation area'' as any area where there were two or
more livestock depredations over any time frame (Talbott 2008). The
WGFC's March 25, 2008 wolf regulation guidance stipulated that once an
area is deemed a chronic depredation area, the WGFD supervisor can
issue permits without verification of predation. This interpretation
meant that every part of the trophy game area outside the National
Parks qualified as a chronic wolf predation area as every part of
Wyoming has had two or more depredations on livestock by wolves since
1995 and that issuance of lethal take permits would be mandatory on the
part of WGFD provided seven packs were present outside the National
Parks in Wyoming, regardless of the number of wolves in National Parks.
The changes made in the emergency WGFC regulations in 2008 largely
rectified that problem of unregulated take in the trophy game area.
Shortly after our previous wolf delisting, WGFD issued its first
trophy game area annual lethal take permit. This permit authorized
lethal take of four wolves after the landowner reported seeing a wolf
track on his private property. In early July, and despite no recent
depredations, this same permit was modified by WGFD to include a total
of nine people some of whom had no apparent connection to the property.
In early May, a federal grazing permittee who had depredations on his
allotment the previous summer requested that WGFD remove wolves prior
to him placing his cattle on allotment or to provide him with a lethal
control permit. As his grazing allotment was in the chronic wolf
predation area (as was all of the trophy game area in Wyoming outside
the National Parks), the WGFC regulations required them to issue the
lethal take permit. Such examples demonstrate that the framework
established by State law allows Wyoming to reduce their wolf population
outside the National Parks to 6 breeding pairs regardless of whether
the year-end wolf population would be below 7 breeding pairs outside
the National Parks or 15 breeding pairs or 150 wolves Statewide.
At the point where we became aware of these implementing
regulations, we began discussions with Wyoming about whether these
regulations constituted an adequate regulatory mechanism. In response,
WDGF asked the Wyoming Attorney General's Office to review the
situation. On May 8, 2008, the Attorney General issued an opinion on
the implementing regulation's definition of chronic wolf predation
area. The regulation states `` `Chronic wolf predation area' means a
geographic area within the Wolf Trophy Game Management Area where gray
wolves have repeatedly (twice or more) harassed, injured, maimed or
killed livestock or domesticated animals.'' The opinion found that the
regulations use of ``twice or more'' was ambiguous and that in order to
meet the intent of the Statute that wolves not be relisted, the State
should interpret ``twice or more'' to mean within a calendar year
(Martin 2008, p. 1-5). Consequently, the State determined that WGFD may
not initiate wolf control actions, including issuing lethal take
permits, unless an area had two or more instances of wolves harassing,
injuring, maiming or killing livestock or domestic animals since
January 1 of that year. While this significantly improved
implementation of their regulations, we remained concerned about this
ambiguity.
Following this May 8, 2008, opinion, Wyoming indicated they would
amend the regulations at their earliest opportunity. Revisions were
finally made to their regulations after the District Court vacated and
remanded our previous final rule.
On October 27, 2008, Wyoming issued emergency regulations and a
revised wolf management plan. We have closely reviewed Wyoming's
comments on the proposed delisting rule (Freudenthal 2008) and all
changes to Wyoming's regulatory framework. While we believe the revised
regulatory framework is a vast improvement over its predecessor, the
emergency regulation is temporary (it is only in effect for 120 days).
Thus,
[[Page 15172]]
we can not rely on it as an adequate regulatory mechanism. Most
importantly, these regulatory improvements do not address the
legislative shortcomings noted above (i.e., a trophy game area that can
be diminished and a statute that encourages the WGFC to manage the
population toward the minimum recovery goals in a manner that allows
the possible reduction of the wolf population to below recovery levels.
We find that a regulatory framework for wolf management at minimum
recovery levels is not adequate. Attempts to maintain any wildlife
population at bare minimum levels are unlikely to be successful. As
with all wildlife species, periodic disturbance or random events will
occur. This fact was proven by the dramatic, but temporary changes, in
wolves and breeding pairs in YNP in 2005 and 2008. Managing at minimal
levels increases the likelihood that periodic disturbance or random
events will leave the population below management objectives. Instead,
the State wildlife agency should be given leeway in its management
approach to compensate for periodic or random events, as Montana and
Idaho have done. Managing to minimal recovery levels also increases the
chances of genetic problems developing in the GYA population and would
reduce the opportunities for demographic and genetic exchange in the WY
portion to the GYA.
We also reviewed Wyoming's proposed 2008 hunting season regulation.
While the proposed 2008 hunting season was not implemented, we
determined it was well designed, biologically sound, and, by itself, it
would not have threatened Wyoming's share of the recovered NRM wolf
population. Wyoming's hunting season was designed around an allowable
hunter-caused mortality in each of four hunting districts in the trophy
game area. Hunting would end by November 30, or in each subquota as its
individual quota is filled, or when 25 wolves had been harvested,
whichever is sooner. This level of hunter-caused mortality would remove
a small portion of the wolves in Wyoming outside the national parks. If
other sources of mortality had been adequately regulated, this level of
hunter harvest would likely have resulted in a Wyoming wolf population
outside the national parks of just under 200 wolves by December 31,
2008 and nearly 400 wolves in the GYA. Because hunting harvest would
end November 30, it would have had only minor negative impacts within
the trophy game area on naturally dispersing wolves or the opportunity
for effective genetic migrants into Wyoming. Wolves in YNP would not be
substantially affected by a regulated public hunt, as hunting is not
allowed in national parks and wolves rarely leave YNP during the time
period when the fall hunting season would occur.
Considering all of the above, we now determine that Wyoming's
regulatory framework does not provide the adequate regulatory
mechanisms to assure that Wyoming's share of a recovered NRM wolf
population would be conserved if the protections of the Act were
removed (Gould 2009). Until Wyoming revises their statutes, management
plan, and associated regulations, and is approved by the Service,
wolves in Wyoming remain listed as experimental population in this
portion of the NRM DPS. Specific required revisions are discussed in
the Conclusion of the 5-Factor Analysis section of the rule below.
Washington--Wolves in Washington are listed as endangered under the
State's administrative code (WAC 232.12.014; these provisions may be
viewed at: http://apps.leg.wa.gov/wac/). Under Washington's
administrative code (WAC 232.12.297), ``endangered'' means any wildlife
species native to the State of Washington that is seriously threatened
with extinction throughout all or a significant portion of its range
within the State. Endangered species in the State of Washington are
protected from hunting, possession, and malicious harassment, unless
such taking has been authorized by rule of the Washington Fish and
Wildlife Commission (RCW 77.15.120; these provisions can be viewed at:
http://apps.leg.wa.gov/rcw/). If the NRM DPS is delisted, those areas
in Washington included in the NRM DPS would remain listed as endangered
by Washington State law until the wolf meets the statewide conservation
objectives in the Washington Wolf Conservation and Management Plan. The
Conservation objectives will establish the targets for downlisting to
threatened, downlisting to sensitive status, and then delisting from
sensitive status. The areas in Washington not included in the NRM DPS
would remain listed as endangered under both State and Federal law
until further rulemaking is proposed.
Although we have received reports of individual and wolf family
units in the North Cascades of Washington (Almack and Fitkin 1998),
agency efforts to confirm them were unsuccessful until summer 2008 when
a breeding pair (at least an adult male and female and 6 pups) were
confirmed near Twisp, Washington. Genetic analysis indicated that
neither adult was related to the NRM wolves and had probably originated
in central British Columbia. Intervening unsuitable habitat makes it
highly unlikely that many wolves from the NRM population will disperse
to the North Cascades of Washington in the future.
Washington State does not currently have a final wolf conservation
and management plan for wolves. However, the State established a wolf
working group advisory committee and is preparing a draft State gray
wolf conservation and management plan (see http://wdfw.wa.gov/wlm/diversty/soc/gray_wolf/). That plan should be finalized in late 2009.
Interagency Wolf Response Guidelines have been developed by the
Service, Washington Department of Fish and Wildlife, and USDA WS to
provide a checklist of response actions for five situations that may
arise in the future (can be viewed at http://wdfw.wa.gov/wlm/diversty/soc/gray_wolf/contacts.htm. Wolf management in Washington may be
beneficial to the NRM wolf population, but is not necessary for
achieving or maintaining a population of wolves in the NRM DPS.
Oregon--The gray wolf has been classified as endangered under the
Oregon Endangered Species Act (ORS 496.171-192) since 1987. The law
requires the Oregon Fish and Wildlife Commission to conserve the
species in Oregon. Anticipating the reestablishment of wolves in Oregon
from the growing Idaho population, the Commission directed the
development of a wolf conservation and management plan to meet the
requirements of both the Oregon Endangered Species Act and the Oregon
Wildlife Policy. ORS 496.012 states in part that ``It is the policy of
the State of Oregon that wildlife shall be managed to prevent serious
depletion of any indigenous species and to provide the optimum
recreational and aesthetic benefits for present and future generations
of the citizens of this State.''
In February 2005, the Oregon Fish and Wildlife Commission adopted
the Oregon Wolf Conservation and Management Plan (Oregon 2005). The
plan was built to meet the following five delisting criteria identified
in State statutes and administrative rules: (1) The species is not now
(and is not likely in the foreseeable future to be) in danger of
extinction in any significant portion of its range in Oregon or in
danger of becoming endangered; (2) the species' natural reproductive
potential is not in danger of failure due to limited population
numbers, disease, predation, or other natural or human-related factors
affecting its continued existence;
[[Page 15173]]
(3) most populations are not undergoing imminent or active
deterioration of range or primary habitat; (4) overutilization of the
species or its habitat for commercial, recreational, scientific, or
educational purposes is not occurring or likely to occur; and (5)
existing State or Federal programs or regulations are adequate to
protect the species and its habitat.
The Plan describes measures the Oregon Department of Fish and
Wildlife (ODFW) will take to conserve and manage the species. These
measures include actions that could be taken to protect livestock from
wolf depredation and address human safety concerns. The following
summarizes the primary components of the plan.
Wolves that naturally disperse into Oregon will be conserved and
managed under the plan. Wolves will not be captured outside of Oregon
and released in the State. Wolves may be considered for Statewide
delisting once the population reaches four breeding pairs for 3
consecutive years in eastern Oregon. Four breeding pairs are considered
the minimum conservation population objective, also described as Phase
1. The plan calls for managing wolves in western Oregon, as if the
species remains listed, until the western Oregon wolf population
reaches four breeding pairs. This means, for example, that a landowner
would be required to obtain a permit to address depredation problems
using injurious harassment.
While the wolf remains listed as a State endangered species, the
following will be allowed: (1) Wolves may be harassed (e.g., shouting,
firing a shot in the air) to distract a wolf from a livestock operation
or area of human activity; (2) harassment that causes injury to a wolf
(e.g., rubber bullets or bean bag projectiles) may be employed to
prevent depredation, but only with a permit; (3) wolves may be
relocated to resolve an immediate localized problem from an area of
human activity (e.g., wolf inadvertently caught in a trap) to the
nearest wilderness area; (4) relocation will be done by ODFW or USDA-WS
personnel; (5) livestock producers who witness a wolf in the act of
attacking livestock on public or private land must have a permit before
taking any action that would cause harm to the wolf; and (6) wolves
involved in chronic depredation may be killed by ODFW or USDA-WS
personnel; however, nonlethal methods will be emphasized and employed
first in appropriate circumstances.
Once the wolf is State-delisted, more options are available to
address wolf-livestock conflict. While there are five to seven breeding
pairs (the management population objective for Phase 2), landowners may
kill a wolf involved in chronic depredation with a permit. Under Phase
3 (more than seven breeding pairs), a limited controlled hunt could be
allowed to decrease chronic depredation or reduce pressure on wild
ungulate populations.
The plan provides wildlife managers with adaptive management
strategies to address wolf predation problems on wild ungulates if
confirmed wolf predation leads to declines in localized herds. In the
unlikely event that a person is attacked by a wolf, the plan describes
the circumstances under which Oregon's criminal code and the Federal
Act would allow harassing, harming or killing of wolves where necessary
to avoid imminent, grave injury. Such an incident must be reported to
law enforcement officials.
A strong information and education program will ensure anyone with
an interest in wolves is able to learn more about the species and stay
informed about wildlife management activities. The plan identifies
several research projects as being necessary for future success of
long-term wolf conservation and management in Oregon. Monitoring and
radio-collaring wolves are listed as critical components of the plan
both for conservation and communication with Oregonians. An economic
analysis provides estimates of costs and benefits associated with
wolves in Oregon and wolf conservation and management. Finally, the
plan requires annual reporting to the Commission on program
implementation.
The Oregon Wolf Management Plan, as approved by the Oregon Fish and
Wildlife Commission in February 2005, called for three legislative
actions which the 2005 Oregon Legislative Assembly considered, but did
not adopt. In 2007, ODFW proposed the bill again in the state
Legislature to make three legislative actions, but again they were not
adopted. ODFW has no plans to reintroduce any wolf legislation in the
2009 session. These actions were: (1) Changing the legal status of the
gray wolf from protected non-game wildlife to a ``special status
mammal'' under the ``game mammal'' definition in ORS 496.004; (2)
amending the wildlife damage statute (ORS 498.012) to remove the
requirement for a permit to lethally take a gray wolf caught in the act
of attacking livestock; and (3) creating a State-funded program to pay
compensation for wolf-caused losses of livestock and to pay for
proactive methods to prevent wolf depredation. As a result, the Fish
and Wildlife Commission amended the Oregon Plan in December 2005 and
rather than dropping the proposals, moved them from the body of the
Plan to an appendix. The Commission remains on record as calling for
those legislative enhancements; however, implementation of the Oregon
Plan does not depend upon them.
Under the Oregon Wolf Management Plan, the gray wolf will remain
classified as endangered under State law until the conservation
population objective for eastern Oregon is reached (i.e., four breeding
pairs for 3 consecutive years). Once the objective is achieved, the
State delisting process will be initiated. Following delisting from the
State Endangered Species Act, wolves will retain their classification
as nongame wildlife under ORS 496.375.
Compared to Montana, Idaho, and Wyoming, the portion of the DPS
containing suitable habitat within Oregon is small. We acknowledge that
a few packs may become established within the DPS in Oregon; however,
their role in the overall conservation of the NRM DPS is inherently
small given the limited number of packs that habitat there is likely to
support. That said, we encourage State efforts to conserve wildlife
that is locally rare or endangered and we expect Oregon's wolf
management approach to be beneficial to the NRM wolf population. We
determine wolf management in Oregon is adequate to facilitate the
maintenance of, and in no way threatens, the NRM DPS's recovered
status.
Utah--If federally delisted, wolves in Utah's portion of the NRM
DPS would remain listed as protected wildlife under State law. In Utah,
wolves fall under three layers of protection--(1) State code, (2)
Administrative Rule and (3) Species Management Plan. The Utah Code can
be found at: http://www.le.State.ut.us/~code/TITLE23/TITLE23.htm. The
relevant administrative rules that restrict wolf take can be found at
http://www.rules.utah.gov/publicat/code/r657/r657-003.htm and http://www.rules.utah.gov/publicat/code/r657/r657-011.htm. These regulations
restrict all potential taking of wolves in Utah, including that portion
in the NRM DPS.
In 2003, the Utah Legislature passed House Joint Resolution 12,
which directed the Utah Division of Wildlife Resources (UDWR) to draft
a wolf management plan for the review, modification and adoption by the
Utah Wildlife Board, through the Regional Advisory Council process. In
April 2003, the Utah Wildlife Board directed UDWR to develop a proposal
for a wolf working group to assist the agency in this endeavor. The
UDWR created the
[[Page 15174]]
Wolf Working Group in the summer of 2003. The Wolf Working Group is
composed of 13 members that represent diverse public interests
regarding wolves in Utah.
On June 9, 2005, the Utah Wildlife Board passed the Utah Wolf
Management Plan (Utah 2005). The goal of the Plan is to manage, study,
and conserve wolves moving into Utah while avoiding conflicts with the
elk and deer management objectives of the Ute Indian Tribe; minimizing
livestock depredation; and protecting wild ungulate populations in Utah
from excessive wolf predation. The Utah Plan can be viewed at http://www.wildlife.utah.gov/wolf/. Its purpose is to guide management of
wolves in Utah during an interim period from Federal delisting until
2015, or until it is determined that wolves have become established in
Utah, or the political, social, biological, or legal assumptions of the
plan change. During this interim period, immigrating wolves will be
studied to determine where they are most likely to settle without
conflict.
Compared to Montana, Idaho, and Wyoming, the portion of the DPS
containing suitable habitat within Utah is very small. Wolf management
in Utah will have no effect on the recovered wolf population. We
acknowledge that a few packs might become established within the DPS in
Utah; however, their role in the overall conservation of the NRM DPS is
inherently small given the limited number of packs that habitat there
is likely to support. That said, we encourage State efforts to conserve
wildlife that is locally rare or endangered and we expect Utah's wolf
management approach to be beneficial to the NRM wolf population. We
determine wolf management in Utah is adequate to facilitate the
maintenance of, and in no way threatens, the NRM DPS's recovered
status.
Tribal Plans--Approximately 20 Tribes are within the NRM DPS.
Currently, perhaps only 1 or 2 wolf packs are entirely dependent on
Tribal lands for their existence in the NRM DPS. In the NRM DPS about
32,942 km\2\ (12,719 mi\2\) (3 percent) of the area is Tribal land. In
the NRM wolf occupied habitat, about 4,696 km\2\ (1,813 mi\2\) (2
percent) is Tribal land (Service 2006; 71 FR 6645, February 8, 2006).
Therefore, while Tribal lands can contribute some habitat for wolf
packs in the NRM, they will be relatively unimportant to maintaining a
recovered wolf population in the NRM DPS. Many wolf packs live in areas
of public land where Tribes have various treaty rights, such as
wildlife harvest. The States agreed to incorporate Tribal harvest into
their assessment of the potential surplus of wolves available for
public harvest in each State, each year, to ensure that the wolf
population is maintained above recovery levels. Utilization of those
Tribal treaty rights will not significantly impact the wolf population
or reduce it below recovery levels because a small portion of the wolf
population could be affected by Tribal harvest or lives in areas
subject to Tribal harvest rights.
The overall regulatory framework analyzed in this proposed rule
depends entirely on State-led management of wolves that are primarily
on lands where resident wildlife is traditionally managed primarily by
the State. Any wolves that may establish themselves on Tribal lands
will be in addition to those managed by the State outside Tribal
reservations. At this point in time, only the Wind River Tribe (Wind
River Tribe 2007) has an approved tribal wolf management plan for its
lands. In addition, Nez Perce Tribe had a Service wolf management plan
approved in 1995, but that plan only applied to listed wolves. It was
approved by the Service so the Tribe could take a portion of the
responsibility for wolf monitoring and management in Idaho under the
special regulation under section 10(j). While the Blackfeet Tribe has a
wolf management plan, Blackfeet Tribal lands are not in the
experimental population area. Therefore, all wolf management on
Blackfeet Tribal lands has been directed by Service guidelines (Service
1999). No other Tribe has submitted a wolf management plan.
In November 2005, the Service requested information from all Tribes
in the NRM regarding their Tribal regulations and any other relevant
information regarding Tribal management or concerns about wolves (Bangs
2004). All responses were reviewed and addressed, including
incorporation into the rule where appropriate.
Compared to Montana, Idaho, and Wyoming, the portion of the DPS
containing suitable habitat within Tribal lands is small. We
acknowledge that a few packs may become established within the DPS on
Tribal lands; however, their role in the overall conservation of the
NRM DPS is inherently small given the limited number of packs that
habitat there is likely to support. That said, we encourage State
efforts to conserve wildlife that is locally rare or endangered and we
expect Washington's wolf management approach to be beneficial to the
NRM wolf population. We determine wolf management on Tribal lands is
adequate to facilitate the maintenance of, and in no way threatens, the
NRM DPS's recovered status.
Summary--We have determined that adequate regulatory mechanisms are
in place in all portions of the NRM DPS except Wyoming. Montana and
Idaho have committed to manage for at least 15 breeding pairs and at
least 150 wolves in mid-winter to ensure the population never falls
below 10 breeding pairs and 100 wolves in either State. All sources of
mortality will be carefully managed. State projections indicate that
the NRM wolf population in Montana and Idaho will be managed for around
673 to 1,002 wolves in 52 to 79 breeding pairs. As long as populations
are maintained well above minimal recovery levels, wolf biology (namely
the species' reproductive capacity) and the availability of large,
secure blocks of suitable habitat will maintain strong source
populations capable of withstanding all other foreseeable threats.
Wyoming's regulatory framework does not provide the adequate
regulatory mechanisms to assure that Wyoming's share of a recovered NRM
wolf population would be conserved if the protections of the Act were
removed. We determine that revision of Wyoming's wolf management law is
necessary (Gould 2009). This revision will then provide the foundation
for Wyoming's larger regulatory framework, including the State's wolf
management plan and implementing regulations so that it assures
conservation of the gray wolf rather than focus on aggressive control.
Until Wyoming revises their statutes, management plan, and associated
regulations, and is again Service approved, wolves in Wyoming continue
to require the protections of the Act.
Compared to Montana, Idaho, and Wyoming, the portion of the DPS
containing suitable habitat within Oregon, Washington, Utah, and Tribal
lands is small. We acknowledge that a few packs may become established
within these portions of the DPS; however, their role in the overall
conservation of the NRM DPS is inherently small given the limited
number of packs that habitat there is likely to support. That said, we
encourage State and Tribal efforts to conserve wildlife that is locally
rare or endangered and we expect wolf management in these areas to be
beneficial to the NRM wolf population. Any wolf breeding pairs that do
become established in these areas would be in addition to those
necessary to maintain the wolf population above recovery levels. The
adjacent States of Utah, Oregon, and Washington all have in
[[Page 15175]]
place laws protecting wolves that would remain in effect after
delisting. Utah, Oregon, and the Wind River Tribe have adopted
beneficial wolf management plans and Washington is currently finalizing
one. We determine wolf management in these areas is adequate to
facilitate the maintenance of, and in no way threatens, the NRM DPS's
recovered status.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Public Attitudes Toward the Gray Wolf--Human attitudes toward
wolves is the main reason the wolf was listed under the Act. These
attitudes are largely based on the real and perceived conflicts between
human activities and values and wolves, such as depredation on
livestock and pets, competition for surplus wild ungulates between
hunters and wolves, concerns for human safety, wolves' symbolic
representation of wildness and ecosystem health, the economic costs and
benefits, killing of wolves by people, and the wolf-related traditions
of Native American Tribes or local culture.
Public hostility toward wolves led to the excessive human-caused
mortality that extirpated the species from the NRM DPS in the 1930s.
Such attitudes toward wolves are deeply ingrained in some individuals
and continue to affect human tolerance of wolves. The predatory animal
designation in Wyoming underscores this point. Wyoming's 2003 State law
and wolf management plan essentially confined wolves to Wyoming's
National Parks and wilderness areas. In 2007, Wyoming mandated wolves
be classified as predatory animals in at least 88 percent of the State
and allowed this area to be expanded if the WGFC ``determines the
diminution does not impede the delisting of gray wolves and will
facilitate Wyoming's management of wolves.'' Such a management strategy
is not required to manage wolf density and distribution and was not
used by other States.
Because of the impact that public attitudes can have on wolf
recovery, we are requiring adequate regulatory mechanisms to be in
place that will balance negative attitudes towards wolves in the places
necessary for recovery. As discussed extensively in Factor D, we find
that the management plans in Idaho and Montana adequately protect
wolves from this threat. However, the regulatory mechanisms in Wyoming
are currently insufficient to protect the wolves in that State from
some of the outcomes that occur when the public has negative
perceptions regarding wolf presence.
Outside of Wyoming, all the other States in the NRM DPS appear to
have reached an acceptable compromise balancing the needs of the
species and the diverse opinions of their citizens. Montana and Idaho
have passed laws and regulations that implement a balanced and socially
acceptable program that meets the legal requirements of the Act,
promotes occupancy of suitable habitat in a manner that minimizes
damage to private property, allows for continuation of traditional
western land-uses such as grazing and hunting, and allows for direct
citizen participation in and funding for State wolf management (State
defense of property and hunting regulations). With the continued help
of private conservation organizations, Montana, Idaho, and the Tribes
will continue to foster public support to maintain recovered wolf
populations in the NRM DPS. Post-delisting management by Montana and
Idaho will further enhance local public support for wolf recovery
(Bangs 2008). State management provides a larger and more effective
local organization and a more familiar means for dealing with these
conflicts (Mech 1995, pp. 275-276; Williams et al. 2002, p. 582; Bangs
et al. 2004, p. 102; Bangs et al. in press, Bangs 2008). State wildlife
organizations have specific departments and staff dedicated to
providing accurate and science-based public education, information, and
outreach (Idaho 2007, p. 23-24, Appendix A; Montana 2003, p. 90-91).
The comprehensive approach to wolf management in Montana and Idaho
ensures human attitudes toward wolves should not again threaten each
state's contribution to a recovered wolf population. The neighboring
States of Washington, Oregon, and Utah, as well as many of the Tribes,
have also developed regulatory mechanisms that balance the needs of the
species and the diverse opinions of their citizens in order to
facilitate the maintenance of, and in no way threaten, the NRM DPS's
recovered status.
Genetic Considerations--Currently, genetic diversity throughout the
NRM DPS is very high (Forbes and Boyd 1996, p. 1084; Forbes and Boyd
1997, p. 226; vonHoldt et al. 2007, p. 19; vonHoldt et al. 2008).
Contemporary statistics for genetic diversity from 2002-2004 for
central Idaho, northwestern Montana, and the GYA, respectively are; n =
85, 104, 210; allelic diversity = 9.5, 9.1, 10.3; observed
heterozygosity = 0.723, 0.650, 0.708; expected heterozygosity = 0.767,
0.728, 0.738. (vonHoldt et al. 2008). These levels have not diminished
since 1995. The high allelic diversity (a measure of the richness of
genetic material available for natural selection to act on) and the
high heterozygosity (a measure of how gene forms are packaged in an
individual, with high heterozygosity tending to lead to higher fitness)
demonstrate all subpopulations within the NRM wolf populations have
high standing levels of genetic variability. In short, wolves in
northwestern Montana and both the reintroduced populations are as
genetically diverse as their vast, secure, healthy, contiguous, and
connected populations in Canada; thus, inadequate genetic diversity is
not a wolf conservation issue in the NRM at this time (Forbes and Boyd
1997, p. 1089; vonHoldt et al. 2007, p. 19; vonHoldt et al. 2008). This
genetic health is the result of deliberate management actions by the
Service and its cooperators since 1995 (Bradley et al. 2005).
Genetic exchange at one effective migrant (i.e., a breeding migrant
that passes on its genes) per generation is enough to ensure that
genetic diversity will remain high (Mills 2007, p. 193). Wolves have an
unusual ability to rapidly disperse long distances across virtually any
habitat and select mates to maximize genetic diversity. Thus, wolves
are among the least likely species to be affected by inbreeding when
compared to nearly any other species of land mammal (Fuller et al.
2003, 189-190; Paquet et al. 2006, p. 3; Liberg 2008, p. 1). The
northwestern Montana and central Idaho core recovery areas are well
connected to each other, and to large wolf populations in Canada,
through regular dispersals (Boyd et al. 1995; Boyd and Pletscher 1999;
Jimenez et al. 2008d; vonHoldt et al. 2007; vonHoldt et al. 2008).
While the GYA is the most isolated core recovery area within the
NRM DPS (Oakleaf et al. 2005, p. 554; vonHoldt et al. 2007, p. 19),
radio telemetry data demonstrate that the GYA is not isolated as wolves
regularly disperse into the area from the other recovery areas. For
example, in 2002, a collared wolf from Idaho dispersed into Wyoming and
became the breeding male of the Greybull pack near Meeteetse. In 2009,
a male disperser from central Idaho (whose father dispersed from YNP to
central Idaho) likely bred with a female in the GYA and is establishing
a new pack east of YNP. He also associated with the newly formed Evert
pack in YNP in 2008 (Smith 2008). Since only about 30 percent of the
NRM wolf population has been radio-collared, other unmarked wolves from
Idaho or
[[Page 15176]]
northwestern Montana have undoubtedly made the journey to the GYA and
successfully bred. While vonHoldt et al. (2007) found no evidence of
gene flow into YNP, an expanded analysis by vonHoldt et al. (2008) has
demonstrated gene flow by naturally dispersing wolves form other
recovery areas into the GYA.
Overall, data from radio-collared wolves indicates that at least
one wolf naturally disperses into the GYA each year and at least 4
radio-collared non-GYA wolves have bred and produced offspring in the
GYA in the past 12 years (1996-2008). Undoubtedly, other uncollared
wolves have also naturally dispersed into and bred in the GYA (Wayne
2009, pers. comm.). Since a wolf generation is approximately 4 years,
there has been over one effective migrant per generation in the GYA
wolf population. This amount of migration exceeds the widely accepted
effective migrant per generation rule. This rule, widely accepted by
conservation biology and genetic literature, holds that one breeding
immigrant per generation should allow for local evolutionary adaptation
while minimizing negative effects of genetic drift and inbreeding
depression (Mills 2008).
State and Federal management post-delisting will continue to ensure
potential for natural genetic exchange. Wolves will be managed at high
levels and human caused mortality will be purposely limited during peak
periods of dispersal. Management practices, committed to in State
management plans, will increase the potential to naturally incorporate
effective migrants include: Reducing the rate of population turnover
and fostering persistent wolf packs in all or select core recovery
segments or all or select areas of suitable habitat (Oakleaf et al.
2005; 72 FR 6106, February 8, 2007); periodically creating localized
disruptions of wolf pack structure or modified wolf density in select
areas of suitable habitat to create social vacancies or space for
dispersing wolves to fill; maintaining higher rather than lower overall
wolf numbers in all or select recovery areas; maintaining more
contiguous and broader wolf distribution instead of disjunction and
limited breeding pair distribution; minimizing mortality between and
around core recovery segments during critical wolf dispersal and
breeding periods (December through April); and reducing the rates of
mortality in core recovery segments during denning and pup rearing
periods (April through September).
Montana and Idaho have already incorporated most of these types of
management practices into their wolf management frameworks.
Furthermore, Montana and Idaho have designed their management
practices, especially hunting seasons, to maintain relatively high wolf
numbers and distribution throughout suitable habitat and to protect
dispersing wolves from harvest during peak dispersal, breeding and pup
rearing periods. In addition, problem wolf control is restricted to
recent depredation events which are uncommon during peak dispersal
periods. These measures should ensure dispersal toward the GYA from
northwest Montana and central Idaho continues.
Additionally, connectivity across the NRM will remain a high
priority issue for the Service and our partner wildlife agencies. A
process to identify, maintain and improve wildlife movement areas
between the large blocks of public land in the NRM is ongoing (Servheen
et al. 2003, p. 3). This interagency effort involves 13 State and
Federal agencies working on linkage facilitation across private lands,
public lands, and highways (Interagency Grizzly Bear Committee 2001,
pp. 1-2; Brown 2006, p. 1-3). To date, this effort has included--(1)
development of a written protocol and guidance document on how to
implement linkage zone management on public lands (Public Land Linkage
Taskforce 2004, pp. 3-5); (2) production of several private land
linkage management documents (Service 1997; Parker and Parker 2002, p.
2); (3) analyses of linkage zone management in relation to highways
(Geodata Services Inc. 2005, p. 2; Waller and Servheen 2005, p. 998);
and (4) a workshop in the spring of 2006 on implementing management
actions for wildlife linkage (the proceedings of which are available
online at: http://www.cfc.umt.edu/linkage). The objective of this work
is to maintain and enhance movement opportunities for all wildlife
species across the NRM. Although this linkage work is not directly
associated with the wolf population, it should benefit wolves even
after delisting.
Successful natural migration into the GYA is also dependant upon
Wyoming. Specifically, wolves must not only be able to get to Wyoming
but they must be able to traverse large portions of it for extended
periods of time, to survive long enough to find a mate in suitable
habitat and reproduce. Wyoming's current regulatory framework for
delisted wolves minimizes the likelihood of successful migration into
the GYA. Under current State law, wolves are classified as predatory
animals in at least 88 percent of the State. Wolves are unlikely to
survive long in portions of Wyoming where they are regulated as
predatory animals. As most wolves tend to disperse in winter,
dispersing wolves tend to travel through valleys where snow depths are
lowest and wild prey is concentrated. Likely wolf dispersal patterns
indicate that dispersing wolves moving into the GYA from Idaho or
Montana tend to move through the predatory area (Oakleaf et al. 2005,
p. 559). Physical barriers (such as high-elevation mountain ranges that
are difficult to traverse in winter) appear to discourage dispersal
through the National Parks' northern and western boundaries. Limited
social openings in the National Parks' wolf packs also direct wolves
dispersing from Idaho and Montana around the National Parks and toward
the predatory area portions of Wyoming. Furthermore, Wyoming's
maintains 22 winter elk feeding grounds that support thousands of
wintering elk. These areas attract and could potentially hold
dispersing wolves in the predatory area. Many dispersing wolves in
Wyoming, and even some established breeding pairs, temporarily leave
their primary territory to visit the elk feed grounds in winter. Twelve
of the 22 elk feed grounds are currently in Wyoming's predatory animal
area. Potential expansion of the predatory animal area, as allowed by
Wyoming's current statute, could further limit breeding pair occupancy
in Wyoming and would reduce opportunities for successful dispersal and
genetic exchange.
We believe Wyoming must institute additional protections to
facilitate natural genetic exchange in order to constitute an adequate
regulatory mechanism. Specifically, the State's regulatory framework
should minimize take in all suitable habitat and across all of
Wyoming's potential migration routes among NRM subpopulations. This
management is particularly important during peak dispersal, breeding,
and pup rearing periods. In addition to requiring that Wyoming manage
for at least 15 breeding pairs and at least 150 wolves in mid-winter in
their State, Wyoming must also manage for at least 7 breeding pairs and
at least 70 wolves in Wyoming outside the National Parks. Such
requirements are necessary to preserve connectivity and allow for a
buffer to ensure that the population will not drop down below the
minimum number of wolves necessary for recovery. This secondary goal
will provide dispersing wolves more social openings and protection from
excessive human-caused mortality. This strategy will also maintain a
sufficiently large number of wolves in the GYA; larger
[[Page 15177]]
population size is a proven remedy to genetic inbreeding.
Implementation of the recently completed MOU (Groen et al. 2008)
makes it even more unlikely that agency-managed genetic exchange would
be necessary in the foreseeable future. This MOU recognizes that
genetic diversity is currently very high throughout the NRM DPS and
commits to establish and maintain a monitoring protocol to ensure that
necessary levels of gene flow occur so that the population retains high
levels of genetic diversity and its recovered status (Groen et al.
2008).
Population levels across the NRM DPS could also impact gene flow.
The delisted NRM DPS wolf population is likely to be reduced from its
current levels of around 1,639 wolves by State management. However,
wolf populations in the three States containing most of the occupied
and most of the suitable habitat in the NRM DPS will be managed for at
least 15 breeding pairs and at least 150 wolves so that the population
never goes below recovery levels. State projections indicate they will
manage the population at least two to three times this minimal recovery
level and likely over 1,000 wolves.
Natural wolf dispersal between all recovery areas has occurred when
the wolf population was far below 1,000 wolves (the first wolf to
disperse from northwestern Montana to the GYA occurred in 1992 when
there were only 41 wolves and 4 breeding pairs in the NRM, and in 2002
a radio-collared wolf from central Idaho dispersed into the GYA to form
the Greybull pack when there were only 663 wolves in 49 breeding
pairs). Therefore, we believe state management of a population below
1,000 wolves is unlikely to significantly reduce the overall rate of
dispersal in the NRM. If the population is managed for over a thousand
wolves, as expected, we believe the impact on dispersal and
connectivity will be negligible. If the population is managed to the
minimum recovery target of 150 wolves per State, we expect dispersal to
noticeably decrease. Nevertheless, dispersal events still occurred even
when wolf populations were low, and when mortality averaged 26 percent
of the population annually. We expect adequate levels of dispersal will
continue given the State's commitment to manage well above minimal
recovery goals. Yearling and other young wolves must disperse to find
unrelated mates (wolves strongly seek nonrelated wolves as mates). This
social event is a basic function of wolf populations and occurs
regardless of the numbers, density, or presence of other wolves (Mech
and Boitani 2003, p. 11-180).
Wolf biology also provides some assurance that levels of gene flow
will be sufficient to avoid the threat of loss of genetic diversity.
Natural wolf mate selection shows that future dispersers into a system
experiencing some level of inbreeding would be much more likely to be
selected for breeding and have their genes incorporated into the inbred
population (Bensch et al. 2006, p. 72; vonHoldt et al. 2007, p. 1).
Thus, introduction of just one or two new genetic lines can
substantially benefit, although not completely remedy, conservation
issues related to low genetic diversity (Vila et al. 2003, p. 9; Liberg
et al. 2004; Liberg 2005, pp. 5-6; Mills 2007, pp. 195-196; Fredrickson
et al. 2007, p. 2365; Vila 2008).
We recognize additional research on the appropriate level of gene
flow relative to the population size is ongoing. Post-delisting, we
expect the GYA population will be managed for more than 300 wolves
across portions of the GYA in Montana, Idaho, and Wyoming (63,700 km\2\
(24,600 mi\2\)). Maintenance at such levels, combined with expected
levels of gene flow, indicates genetic diversity will not threaten this
wolf population. The other recovery areas face even lower threat levels
related to future genetic diversity. The recently completed memorandum
of understanding ensures this issue will be appropriately managed into
the foreseeable future by the NRM DPS's State and Federal partners as
new information comes to light (Groen et al. 2008).
As with all models, theoretical predictions concerning viability
rely upon the quality and accuracy of the data being inputted. In most
cases, available theoretical predictions of genetic factors impacting
wolf population viability have proven poor predictors of actual status
of very small wolf populations (Fritts and Carbyn 1995; Boitani 2003;
Fuller et al. 2003, 189-190). Review of the scientific literature shows
that, throughout the world, truly isolated wolf populations that are
far smaller and far less genetically diverse than the GYA population
have persisted for many decades and even centuries (Fritts and Carbyn
1995, p. 33; Boitani 2003, pp. 322-23, 330-335; Fuller et al. 2003, p.
189-190; Liberg 2005, pp. 5-6; 73 FR 10514, February 27, 2008). Even
the Mexican wolf with its extremely limited genetic diversity (only 7
founders) is not threatened by reduced genetic diversity where the
addition of a single new genetic line reversed inbreeding depression
(Fredrickson et al. 2007). A wolf population on Isle Royale National
Park that started from 2 or 3 founders in 1949 and remained very small
(<50 wolves, long term effective population size 3.8) has persisted
until the present time (Boitani 2003, p. 330). While this population's
key demographic properties (Fuller et al. 2003) are comparable to
outbred populations of wolves, being founded from such a small number
of individuals and maintenance at such extremely low levels for such a
long time has resulted in a congenital malformation in the vertebrae
column and might eventually effect its population dynamics (Raikkonen
et al. in review). This extreme case will not occur anywhere in the NRM
DPS.
A more relevant example is the Kenai Peninsula wolf population.
This area is somewhat developed and connected to the mainland by 16 km
(10 mi) of glacier and rugged mountains. Wolves were extirpated there
by 1919. A few wolves naturally recolonized it in the 1960's and bred
in the mid- 1960's. The wolf population grew rapidly and within 10
years it occupied all suitable wolf habitat (roughly 15,500 km\2\
(6,000 mi\2\)). It has remained relatively stable for the past 35 years
despite being isolated, small (<200 wolves), liberally hunted and
trapped, and exposed to typical wolf diseases and parasites. The
population is not threatened (Peterson et al. 1994, p. 1) and remains
genetically fit (Talbot and Scribner 1997, p. 20-21). Because the NRM
wolf population will be managed well above this level, we are confident
that the theoretical predictions of inbreeding are highly unlikely to
occur. We find that actual data concerning genetic diversity in wolves
and wolf population persistence is a better predictor of future
outcomes than theoretical models.
In all but the most extreme cases, small wolf populations are
unlikely to be threatened solely by the loss of genetic diversity
(Boitani 2003, p. 330). In fact, none of the highly inbred recovering
populations from around the world have ever gone extinct or failed to
recover because of low genetic diversity (Fuller et al. 2003, p. 189-
190). It is our current professional judgment that even in the highly
unlikely event that no new genes enter YNP or the GYA in the next 100
years, that wolf population's currently high genetic diversity would be
slightly reduced, but not to the point the GYA wolf population would be
threatened. Even the totally isolate, highly inbred, and very small
(never more than 50 wolves) Isle Royale wolf population has persisted
for over 60 years and has still maintained similar demographics
[[Page 15178]]
compared to other non-inbred wolf populations. The NRM wolf population
does not currently have and will not have such severe issues.
Furthermore, from a purely biological perspective, the NRM DPS is a
400-mile southwestern extension of a North American wolf population
consisting of many tens of thousands of individuals, and its recovery
is not even remotely comparable to other situations where concerns
about genetic diversity have been raised.
VonHoldt et al. (2007) concluded ``if the YNP wolf population
remains relatively constant at 170 individuals (estimated to be YNP
carrying capacity), the population will demonstrate substantial
inbreeding effects within 60 years,'' resulting in an ``increase in
juvenile mortality from an average of 23 to 40%, an effect equivalent
to losing an additional pup in each litter.'' The vonHoldt et al.
(2007) prediction of eventual inbreeding in YNP relies upon several
unrealistic assumptions. One such assumption limited the wolf
population analysis to YNP's (8,987 km\2\ (3,472 mi\2\)) carrying
capacity of 170 wolves, instead of the 449 that currently occupy the
GYA and the more than 300 wolves to be managed for in the entire GYA
(63,700 km\2\ (24,600 mi\2\)) by Montana, Idaho, and Wyoming. YNP is
only 14 percent of the area in the GYA and only contains about a third
of the wolves in the GYA wolf population. Wolf pack territories in YNP
are contiguous with those outside YNP in the GYA. The vonHoldt et al.
(2007) predictive model also capped the population at the YNP
population's winter low point, rather than at higher springtime levels
when pups are born. Springtime levels are sometimes double the winter
low.
As explained in the recovery section above, wolf recovery in the
NRM never depended solely on natural dispersal. Should genetic issues
ever materialize, an outcome we believe is extremely unlikely, the MOU
provides a failsafe in that it ensures States will implement techniques
to facilitate agency-managed genetic exchange (moving individual wolves
or their genes into the affected population segment) (Groen et al.
2008). Human intervention in maintaining recovered populations is
necessary for many conservation-reliant species and a well-accepted
practice in dealing with population concerns (Scott et al. 2005). The
1994 wolf reintroduction EIS indicated that intensive genetic
management might become necessary if any of the sub-populations
developed genetic demographic problems (Service 1994, p. 6-74). The
1994 EIS stated that other wildlife management programs rely upon such
agency-managed genetic exchange and that the approach should not be
viewed negatively (Service 1994, p. 6-75). Human-assisted genetic
exchange is a proven technique that has created effective migrants in
the NRM DPS. An example of successful managed genetic exchange in the
NRM population was the release of 10 wolf pups and yearlings
translocated from northwestern Montana to YNP in the spring of 1997.
Two of those wolves become breeders and their genetic signature is
common throughout YNP and the GYA (vonHoldt 2008). Wolves could easily
be moved again in the highly unlikely event that inbreeding or other
problems ever threaten any segment of the NRM wolf population. Other
future agency-managed genetic exchange could include other means of
introducing novel wolves or their genes into a recovery area if it were
ever to be needed. At this time, such approaches remain unnecessary and
are highly likely to remain unneeded in the future.
Given the NRM populations' current high genetic diversity, proven
connectivity, the strong tendency of wolves to outbreed (choose mates
not related to themselves), large area and distribution of core
refugia, the vast amounts of suitable habitat, and future management
options, including agency-managed genetic exchange, the NRM wolf
population will not be threatened by lower genetic diversity in the
foreseeable future.
Climate Change--While there is much debate about the rates at which
carbon dioxide levels, atmospheric temperatures, and ocean temperatures
will rise, the Intergovernmental Panel on Climate Change (IPCC), a
group of leading climate scientists commissioned by the United Nations,
concluded there is a general consensus among the world's best
scientists that climate change is occurring (IPCC 2001, pp. 2-3; IPCC
2007, p. 4). The twentieth century was the warmest in the last 1,000
years (Inkley et al. 2004, pp. 2-3) with global mean surface
temperature increasing by 0.4 to 0.8 degrees Celsius (0.7 to 1.4
degrees Fahrenheit). These increases in temperature were more
pronounced over land masses as evidenced by the 1.5 to 1.7 degrees
Celsius (2.7 to 3.0 degrees Fahrenheit) increase in North America since
the 1940s (Vincent et al. 1999, p.96; Cayan et al. 2001, p. 411).
According to the IPCC, warmer temperatures will increase 1.1 to 6.4
degrees Celsius (2.0 to 11.5 degrees Fahrenheit) by 2100 (IPCC 2007,
pp. 10-11). The magnitude of warming in the NRM has been greater, as
indicated by an 8-day advance in the appearance of spring phenological
indicators in Edmonton, Alberta, since the 1930s (Cayan et al. 2001, p.
400). The hydrologic regime in the NRM also has changed with global
climate change, and is projected to change further (Bartlein et al.
1997, p. 786; Cayan et al. 2001, p. 411; Stewart et al. 2004, pp. 223-
224). Under global climate change scenarios, the NRM may eventually
experience milder, wetter winters and warmer, drier summers (Bartlein
et al. 1997, p. 786). Additionally, the pattern of snowmelt runoff also
may change, with a reduction in spring snowmelt (Cayan et al. 2001, p.
411) and an earlier peak (Stewart et al. 2004, pp. 223-224), so that a
lower proportion of the annual discharge will occur during spring and
summer.
Even with these changes, climate change should not threaten the NRM
wolf population. Wolves are habitat generalists and next to humans are
the most widely distributed land mammal on earth. Wolves live in every
habitat type in the Northern Hemisphere that contains ungulates, and
once ranged from central Mexico to the Arctic Ocean in North America.
The NRM DPS is roughly in the middle of historic wolf distribution in
North America. Because historic evidence suggests gray wolves and their
prey survived in hotter, drier environments, including some near desert
conditions, we expect wolves could easily adapt to the slightly warmer
and drier conditions that are predicted with climate change, including
any northward expansion of diseases, parasites, new prey, or
competitors or reductions in species currently at or near the southern
extent of their range.
Changing climate conditions have the potential to impact wolf prey.
There is new evidence that declining moose populations in the southern
GYA are likely a result of global warming (Service 2008), a conclusion
that has been reached in other parts of the southern range of moose in
North America. However, the extent and rate to which most ungulate
populations will be impacted is difficult to foresee with any level of
confidence. One logical consequence of climate change could be a
reduction in the number of elk, deer, moose, and bison dying over
winter, thus maintaining a higher overall prey base for wolves (Wilmers
and Getz 2005, p. 574; Wilmers and Post 2006, p. 405). Furthermore,
increased over-winter survival would likely result in overall increases
and more resiliency in ungulate populations, thereby providing more
prey for wolves.
Catastrophic Events--The habitat model/PVA by Carroll et al. (2003,
p.
[[Page 15179]]
543) analyzed environmental stochasticity and predicted it was unlikely
to threaten wolf persistence in the GYA. We also considered
catastrophic and stochastic events that might reasonably occur in the
NRM DPS within the foreseeable future (for example we did not consider
tidal waves) to the extent possible. None of these factors are thought
to pose a significant risk to wolf recovery in the foreseeable future.
With regard to wildfires, which humans often view as catastrophic
events, large mobile species such as wolves and their ungulate prey
usually are not adversely impacted. Wildfires in the NRM often lead to
an increase in ungulate food supplies and an increase in ungulate
numbers, which in turn supports increased wolf numbers. Wolves are an
exceptionally resilient species.
Impacts to Wolf Pack Social Structure--When human-caused mortality
rates are low, packs contain older individuals. Such ``natural'' pack
structures are limited to National Parks and large, remote wilderness
areas. These ``natural'' social structures will continue unaltered in
those areas after wolves are delisted.
However, wolves in much of the NRM DPS constantly interact with
livestock and people. These areas experience higher rates of mortality
which alters pack structure. We have removed 988 problem wolves in the
NRM since 1987 and have monitored the effect of removing breeders or
other pack members on wolf packs structure and subsequent breeding.
Those effects were minor and would certainly not affect wolf population
recovery in the NRM (Brainerd et al. 2007). Although defense of
property laws in Montana and Idaho are similar to current nonessential
experimental regulations, such mortality may increase slightly after
delisting in those States. In addition, regulated hunting will be
allowed by the States which will increase wolf mortality rates.
Wolf packs frequently have high rates of natural turnover (Mech
2007, p. 1482) and quickly adapt to changes in pack social structure
(Brainerd et al. 2007). Higher rates of human-caused mortality also may
simply compensate for some forms of natural mortality (Fuller et al.
2003, p. 185-186). Thus, the potential effects caused by natural wolf
pack dynamics in much of the NRM DPS will be moderated by varying
degrees by conflicts with humans and rates of human-caused mortality
(Campbell et al. 2006, p. 363; Garrott et al. 2005; p. 7-9). Higher
rates of human-caused mortality outside protected areas will result in
different wolf pack size and structure than that in protected areas,
but wolves in many parts of the world, including most of North America,
experience various levels of human-caused mortality and the associated
disruption in natural processes and wolf social structure without ever
threatening the population (Boitani 2003). Therefore, while human
caused mortality may alter pack structure, we have no evidence that
indicates this in anyway threatens the NRM DPS.
Summary of Factor E--No other manmade and natural factors threaten
wolf population recovery now or in the foreseeable future throughout
the majority of the NRM DPS. Public attitudes toward wolves have
improved greatly over the past 30 years. We expect that, given adequate
continued management of conflicts, those attitudes will continue to
support wolf restoration. As stated previously, the regulatory
mechanisms in Wyoming are currently insufficient to protect the wolves
in that State from some of the outcomes that occur when the public has
negative perceptions regarding wolf presence. We find this threat to be
closely tied with all mortality management as we discussed extensively
in Factor D.
The State wildlife agencies have professional education,
information, and outreach components and will continue to present
balanced science-based information to the public that will continue to
foster general public support for wolf restoration and the necessity of
conflict resolution to maintain public tolerance of wolves.
We also have determined that wolf genetic viability, interbreeding
coefficients, genetic drift, or changes in wolf pack social structure
are unlikely to threaten the wolf population in the NRM DPS in the
foreseeable future. But in the highly unlikely event that the GYA
population segment was threatened by a loss of genetic diversity, that
threat could be easily resolved by reintroduction or other deliberate
management actions, as promised by Montana and Idaho, if it ever became
necessary.
Conclusion of the 5-Factor Analysis
Is the Species Threatened or Endangered throughout ``All'' of its
Range--As required by the Act, we considered the five potential threat
factors to assess whether the gray wolf in the NRM DPS is threatened or
endangered throughout all or a significant portion of its range. When
considering the listing status of the species, the first step in the
analysis is to determine whether the species is in danger of extinction
throughout all of its range. If this is the case, then the species is
listed in its entirety.
Human-caused mortality is the most significant issue to the long-
term conservation status of the NRM DPS. Therefore, managing this
source of mortality (i.e., overutilization of wolves for commercial,
recreational, scientific and educational purposes and human predation)
remains the primary challenge to maintaining a recovered wolf
population into the foreseeable future. We have concluded that Montana
and Idaho will maintain their share and distribution of the NRM wolf
population above recovery levels for the foreseeable future. Both
States have wolf management laws, plans, and regulations that
adequately regulate human-caused mortality. Both States have committed
to manage for at least 15 breeding pairs and at least 150 wolves in
mid-winter to ensure the population never falls below 10 breeding pairs
and 100 wolves in either State. State projections indicate that the NRM
wolf population in Montana and Idaho will likely be managed for around
673 to 1,002 wolves in 52 to 79 breeding pairs.
As described in more detail in Factor D and below, Wyoming's
regulatory framework does not provide the adequate regulatory
mechanisms to assure that Wyoming's share of a recovered NRM wolf
population would be conserved if the protections of the Act were
removed. In order to constitute adequate regulatory mechanisms,
Wyoming's regulatory framework needs to: Designate and manage wolves as
a trophy game species statewide; manage for at least 15 breeding pairs
and at least 150 wolves in mid-winter in their State and at least 7
breeding pairs and at least 70 wolves in mid-winter outside the
National Parks; authorize defense of property take in a manner that is
similar to the current regulatory scheme; consider all sources of
mortality, including all hunting and defense of property mortality, in
its total statewide allowable mortality levels; and manage the
population to maintain high levels of genetic diversity and to continue
ongoing genetic exchange. Until Wyoming revises their statutes,
management plan, and associated regulations, and is again Service
approved, wolves in Wyoming continue to require the protections of the
Act.
Regulatory mechanisms in all surrounding States are adequate to
facilitate the maintenance of, and in no way threaten, the NRM DPS's
recovered status. All wolves in these surrounding areas will be
regulated by the States as at least a game species (some provide
greater protections). Violation of State
[[Page 15180]]
regulations will be subject to prosecution.
As long as populations are maintained well above minimal recovery
levels, wolf biology (namely the species' reproductive capacity) and
the availability of large, secure blocks of suitable habitat will
maintain strong source populations capable of withstanding all other
foreseeable threats. In terms of habitat, the amount and distribution
of suitable habitat in public ownership provides, and will continue to
provide, large core areas that contain high-quality habitat of
sufficient size to anchor a recovered wolf population. Our analysis of
land-use practice shows these areas will maintain their suitability
well into the foreseeable future, if not indefinitely. Connectivity
among the central-Idaho and northwest Montana recovery areas and with
wolves in Canada will provide further long-term stability to the NRM
DPS. Populations in all of the NRM DPS, except Wyoming, will also be
managed for continued genetic exchange with the GYA (Groen et al.
2008). If genetic problems ever materialize in any portion of the NRM
DPS, which we believe is highly unlikely in the foreseeable future,
they will be resolved by agency-managed genetic exchange. While disease
and parasites can temporarily impact population stability, as long as
populations are managed above recovery levels, these factors are not
likely to threaten the wolf population at any point in the foreseeable
future. Natural predation is also likely to remain an insignificant
factor in population dynamics into the foreseeable future. Finally, we
believe that other natural or manmade factors are unlikely to threaten
the wolf population within the foreseeable future in all portions of
the range with adequate regulatory mechanisms.
A lack of substantial threats to the NRM gray wolf population,
except in Wyoming, indicates that this DPS is neither in danger of
extinction, nor likely to become endangered within the foreseeable
future in any of its range, except in Wyoming. Thus, the NRM DPS does
not merit continued listing as threatened or endangered throughout
``all'' of its range. Retention of the Act's protections in any
significant portions of the range that where the gray wolf is
threatened or endangered ensures all significant portions of the range
maintain adequate protection.
Is the Species Threatened or Endangered in a Significant Portion of
its Range--Having determined that the NRM DPS of gray wolf does not
meet the definition of threatened or endangered in ``all'' of its
range, we must next consider whether there are any significant portions
of its range that are in danger of extinction or are likely to become
endangered in the foreseeable future. On March 16, 2007, a formal
opinion was issued by the Solicitor of the Department of the Interior,
``The Meaning of `In Danger of Extinction Throughout All or a
Significant Portion of Its Range''' (U.S. DOI 2007). We have summarized
our interpretation of that opinion and the underlying statutory
language below. A portion of a species' range is significant if it is
part of the current range of the species and is important to the
conservation of the species because it contributes meaningfully to the
representation, resiliency, or redundancy of the species. The
contribution must be at a level such that its loss would result in a
decrease in the ability to conserve the species.
The first step in determining whether a species is threatened or
endangered in a significant portion of its range is to identify any
portions of the range of the species that warrant further
consideration. The range of a species can theoretically be divided into
portions in an infinite number of ways. However, there is no purpose to
analyzing portions of the range that are not reasonably likely to be
significant and either threatened or endangered. To identify only those
portions that warrant further consideration, we determine whether there
is substantial information indicating that (i) the portions may be
significant and (ii) the species may be in danger of extinction there
or likely to become so within the foreseeable future. In practice, a
key part of this analysis is whether the threats are geographically
concentrated in some way. If the threats to the species are essentially
uniform throughout its range, no portion is likely to warrant further
consideration. Moreover, if any concentration of threats applies only
to portions of the range that are unimportant to the conservation of
the species, such portions will not warrant further consideration.
If we identify any portions that warrant further consideration, we
then determine whether in fact the species is threatened or endangered
in any significant portion of its range. Depending on the biology of
the species, its range, and the threats it faces, it may be more
efficient for the Service to address the significance question first,
or the status question first. Thus, if the Service determines that a
portion of the range is not significant, the Service need not determine
whether the species is threatened or endangered there; if the Service
determines that the species is not threatened or endangered in a
portion of its range, the Service need not determine if that portion is
significant.
The terms ``resiliency,'' ``redundancy,'' and ``representation''
are intended to be indicators of the conservation value of portions of
the range (Shaffer and Stein 2000). Resiliency of a species allows the
species to recover from periodic disturbance. A species will likely be
more resilient if large populations exist in high-quality habitat that
is distributed throughout the range of the species in such a way as to
capture the environmental variability found within the range of the
species. It is likely that the larger size of a population will help
contribute to the viability of the species overall. Thus, a portion of
the range of a species may make a meaningful contribution to the
resiliency of the species if the area is relatively large and contains
particularly high-quality habitat or if its location or characteristics
make it less susceptible to certain threats than other portions of the
range. When evaluating whether or how a portion of the range
contributes to resiliency of the species, it may help to evaluate the
historical value of the portion and how frequently the portion is used
by the species. In addition, the portion may contribute to resiliency
for other reasons--for instance, it may contain an important
concentration of certain types of habitat that are necessary for the
species to carry out its life-history functions, such as breeding,
feeding, migration, dispersal, or wintering.
Redundancy of populations may be needed to provide a margin of
safety for the species to withstand catastrophic events. This does not
mean that any portion that provides redundancy is a significant portion
of the range of a species. The idea is to conserve enough areas of the
range such that random perturbations in the system act on only a few
populations. Therefore, each area must be examined based on whether
that area provides an increment of redundancy that is important to the
conservation of the species.
Adequate representation insures that the species' adaptive
capabilities are conserved. Specifically, the portion should be
evaluated to see how it contributes to the genetic diversity of the
species. The loss of genetically based diversity may substantially
reduce the ability of the species to respond and adapt to future
environmental changes. A peripheral population may contribute
meaningfully to representation if there is evidence that it provides
genetic diversity due to
[[Page 15181]]
its location on the margin of the species' habitat requirements.
To determine if a portion of the species' range contributes
substantially to the resiliency of the species, the Service considered
in this instance: (1) To what extent does this portion of the range
contribute to the total of large blocks of high-quality habitat; (2) To
what extent do the population size and characteristics within this
portion of the range contribute to the ability of the species to
recover from periodic disturbances; (3) To what extent does this
portion of the range act as a refugium of the species; and (4) To what
extent does this portion contain an important concentration of habitats
necessary for certain life history functions?
To determine if a portion of the species' range contributes
substantially to the redundancy of the species, the Service considered
in this instance: (5) To what extent does this portion of the range
contribute to the total [gross area] range of the species; (6) To what
extent does this portion of the range contribute to the total
population of the species; (7) To what extent does this portion of the
range contribute to the total suitable habitat; and (8) To what extent
does this portion of the range contribute to the geographical
distribution of the species?
To determine if a portion of the species' range contributes
substantially to the representation of the species, the Service
considered in this instance: (9) To what extent does this portion of
the range contribute to the genetic diversity of the species; (10) To
what extent does this portion of the range contribute to the
morphological/physiological diversity of the species; (11) To what
extent does this portion of the range contribute to the behavioral
diversity of the species; and (12) To what extent does this portion of
the range contribute to the diversity of ecological settings in which
the species is found?
These questions provide for a relative ranking of the level of the
portion's contribution to the listable entity's (species, subspecies or
DPSs) representation, resiliency, or redundancy. The above questions
are tools to identify those factors that are important in considering a
portion's contribution to resiliency, redundancy, and representation,
and whether it is significant. The Service then reviews the results and
the justifications to decide whether the portion contributes
substantially to the representation, redundancy and resiliency of the
listable entity (species, subspecies or DPS). In general, if the
contribution to the representation, resiliency, or redundancy of all or
nearly all the questions is low, the portion likely does not contribute
substantially to representation, resiliency, or redundancy; if the
contribution to the representation, resiliency, or redundancy of most
or multiple questions are high, the portion likely contributes
substantially to representation, resiliency, or redundancy.
To determine whether the NRM DPS is threatened in any significant
portion of its range, we first considered how the concepts of
resiliency, representation, and redundancy apply to the conservation of
this particular DPS. A number of available documents provide insight
into this discussion including: The originally listed entity (39 FR
1171, January 4, 1974; 50 CFR 17.11 in 1975, 1976, 1977), the recovery
plans (Service 1980; Service 1987), the 1994 reintroduction EIS
(Service 1994), our designation of non-essential, experimental
population areas (59 FR 60252, November 22, 1994; 59 FR 60266, November
22, 1994; 50 CFR 17.84 (i) & (n)), our 2001/2002 review of the recovery
goals (Bangs 2002), Interagency Annual Reports (Service et al. 1989-
2008), and numerous professional publications (see Service et al. 2007,
pp. 213-230; Soule et al. 2003, p. 1238; Scott et al. 2005, p. 383;
Vucetich et al. 2006, p. 1383; Carroll et al. 2006, pp. 369-371; Waples
et al. 2007, p. 964).
Based on our 5-factor threats analysis above, we readily identified
two areas within the NRM DPS as warranting further consideration to
determine if they are significant portions of the range that may be
threatened or endangered. These areas include: (1) All portions of
Wyoming; and (2) unoccupied portions of Montana and Idaho as well as
the portions of Utah, Washington and Oregon within the NRM DPS. For
each of these areas we evaluate whether they are significant per the
above definition and, if significant, we weigh whether they are
threatened or endangered. If any of these areas constitute a
significant portion of the range that is threatened or endangered, we
then determine the appropriate boundaries where the protections of the
Act should remain in place.
Wyoming--We have long considered Wyoming to be critical to the
establishment and maintenance of NRM wolf population (39 FR 1171,
January 4, 1974; 50 CFR 17.11 in 1975, 1976, 1977; Service 1980;
Service 1987; Service et al. 1989-2008; Service 1994; 59 FR 60252,
November 22, 1994; 59 FR 60266, November 22, 1994; 50 CFR 17.84 (i) &
(n); Bangs 2002; Williams 2004; 71 FR 43410, August 1, 2006; Hall
2007). The following analysis considers all of Wyoming with a focus on
northwest Wyoming which contains the vast majority of the State's
suitable wolf habitat. While our proposed rule indicated we would
consider excluding National Parks from the Wyoming significant portion
of the range (72 FR 6106, February 8, 2007), we no longer believe this
is warranted as it would excessively subdivide the Yellowstone recovery
area into units so small as to meaningfully reduce their contribution
to the representation, resiliency, or redundancy of the NRM DPS.
Northwest Wyoming meaningfully affects resiliency in that it
contains a high percentage of the NRM DPS' large blocks of high quality
habitat thereby contributing to the NRM DPS' long-term viability.
Similarly, northwest Wyoming contains a population that is essential to
the conservation of the NRM population. We view this portion of the NRM
population as sufficiently robust to make a high contribution to the
ability of the NRM DPS to recovery from periodic disturbance. Northwest
Wyoming's National Parks also serve as a refugium protected from
certain population events (such as human caused mortality). Northwest
Wyoming also contains suitable habitat areas which provide all of the
species' life history functions. Collectively, this information
indicates that northwest Wyoming would allow the NRM DPS to recover
from periodic disturbance and, thus, meaningfully contributes to the
resiliency of the NRM DPS.
In terms of redundancy, we considered several factors. First,
Wyoming includes approximately 25 percent of the total gross area of
the NRM DPS. Second, northwest Wyoming includes approximately 25
percent of the NRM DPS' current population and a third of the minimum
population recovery goal. Northwest Wyoming also includes approximately
17 percent of the NRM DPS' total suitable habitat. Finally, northwest
Wyoming contains the majority and the core of the Yellowstone recovery
area, one of three subpopulations in the NRM DPS. Collectively, this
information indicates that northwest Wyoming provides a margin of
safety for the species to withstand catastrophic events and, thus,
meaningfully contributes to the redundancy of the NRM DPS.
In terms of representation, suitable habitat within northwest
Wyoming's National Parks and some surrounding areas contain ecological
settings that differ from the ecological setting of most of the rest of
NRM DPS. This ecological setting results in some unique or unusual
behavior. For example, the
[[Page 15182]]
presence of bison in these areas result in the unique, learned, group
hunting behavior not required for other prey types. Other studies found
that similar local adaptations to specific prey type resulted in
genetic differences (Leonard et al. 2005). Collectively, this
information indicates that northwest Wyoming's National Parks and some
surrounding areas could play a role in conserving the species' adaptive
capabilities and, thus, contributes to the representation of the NRM
DPS.
We have determined that northwest Wyoming meaningfully contributes
to NRM DPS' resiliency, redundancy, and representation at a level such
that its loss would result in a decrease in the ability to conserve the
NRM DPS. Thus, this portion of the range constitutes a significant
portion of the NRM DPS' range as described in the Act.
If we identify any portion as significant, we then determine
whether in fact the species is threatened or endangered in this
significant portion of its range. Within this portion of the range,
managing human-caused mortality remains the primary challenge to
maintaining a recovered wolf population in the foreseeable future. If
Wyoming's wolf population is managed above recovery levels, the
species' biology (specifically its reproductive capacity) and the
availability of a large, secure block of suitable habitat will maintain
a strong source population capable of withstanding all other
foreseeable threats. Unfortunately, Wyoming's current regulatory
framework does not provide the adequate regulatory mechanisms to assure
that Wyoming's share of a recovered NRM wolf population would be
conserved if the protections of the Act were removed.
In 2004, we determined that problems with the 2003 Wyoming
legislation and plan, and inconsistencies between the law and
management plan did not allow us to approve Wyoming's approach to wolf
management (Williams 2004). On August 1, 2006, we published a 12-month
finding describing the reasons why the 2003 Wyoming State law and wolf
management plan did not provide the necessary regulatory mechanisms to
assure maintenance of Wyoming's numerical and distributional share of a
recovered NRM wolf population (71 FR 43410). In 2007, the Wyoming
legislature amended State law to address our concerns. Following the
change in State law, the WGFC approved a revised wolf management plan
(Cleveland 2007). This plan was then approved by the Service as
providing adequate regulatory protections to conserve Wyoming's portion
of a recovered NRM DPS into the foreseeable future (Hall 2007).
Following the July 18, 2008, U.S. District Court for the District of
Montana's preliminary injunction order, we reconsidered this approval.
In its preliminary injunction order, the U.S. District Court stated
that we acted arbitrarily in delisting a wolf population that lacked
evidence of genetic exchange between subpopulations. We believe
Wyoming's current regulatory framework for delisted wolves would
further reduce the likelihood of natural genetic connectivity as wolves
are unlikely to successfully traverse the 88 percent of Wyoming where
wolves are considered predatory animals.
The court also stated that we acted arbitrarily and capriciously
when we approved Wyoming's 2007 statute which allows the WGFC to
diminish the trophy game area (which State law restricts to no more
than 12 percent of Wyoming) if it ``determines the diminution does not
impede the delisting of gray wolves and will facilitate Wyoming's
management of wolves.'' Because wolves are unlikely to survive where
they are classified as predatory animals, potential expansion of the
predatory animal area would further limit occupancy in Wyoming and
opportunities for natural connectivity.
Furthermore, the court stated that we acted arbitrarily and
capriciously when we approved Wyoming's 2007 statute and wolf
management plan because it determined that the State failed to commit
to managing for at least 15 breeding pairs. Specifically, the court
stated that Wyoming State law intends to rely on the National Park
Services' ability to maintain 8 breeding pairs of wolves to satisfy
Wyoming's obligation to preserve at least 15 breeding pairs as its
share of the required wolf population. We have long maintained that
Wyoming, Montana, and Idaho must each manage for at least 15 breeding
pairs and at least 150 wolves in mid-winter to ensure the population
never falls below the minimum recovery goal of 10 breeding pairs and
100 wolves per State.
Finally, the court raised concerns with Wyoming's depredation
control law that it viewed as significantly more expansive than
existing nonessential, experimental regulations (59 FR 60252, November
22, 1994; 59 FR 60266, November 22, 1994; 70 FR 1286, January 6, 2005;
73 FR 4720, January 28, 2008; 50 CFR 17.84(i) & (n)).
As outlined in detail in Factor D above, we have determined
Wyoming's existing regulatory framework does not provide the necessary
regulatory mechanisms to assure that Wyoming's share of a recovered NRM
wolf population would be conserved if the protections of the Act were
removed. Revision of Wyoming's wolf management law, plan, and
regulation are necessary to ensure the long-term conservation of
Wyoming's share of a recovered NRM wolf population (Gould 2009). These
revisions need to provide the foundation for necessary changes to the
Wyoming gray wolf management plan and associated regulations. Until
Wyoming revises their statutes, management plan, and associated
regulations, and obtains Service approval, wolves in Wyoming shall
remain protected by Act.
We may consider many factors in determining the boundaries of the
significant portion of its range where the DPS remains listed including
whether there is a biological basis for boundaries (e.g., population
groupings, genetic differences, or differences in ecological setting)
or if differences in threat management result in biological differences
in status (e.g., International or State boundaries where the threats
might be different on either side of the boundary). Significant portion
of range boundaries may consist of geographical features, constructed
features (e.g., roads), or administrative boundaries.
The boundaries used to legally define the extent of a significant
portion of range are identified following these general principles: (1)
Boundaries enclose and define the area where threats are sufficient to
result in a determination that a portion of a DPS' range is
significant, and is endangered or threatened; (2) Boundaries clearly
define the portion of the range that is specified as threatened or
endangered, and may consist of geographical or administrative features
or a combination of both; and (3) Boundaries do not circumscribe the
current distribution of the species so tightly that opportunities for
recovery are foreclosed.
The scale of the boundaries is determined case-by-case to be
appropriate to the size of the portion of the listed entities' range,
and the availability of unambiguous geographic or administrative
boundaries. The scale at which one defines the range of a particular
species is fact and context dependant. In other words, whether one
defines the range at a relatively course or fine scale depends on the
life history of the species at issue, the data available, and the
purpose for which one is considering range.
Our proposed rule (72 FR 6106, February 8, 2007) indicated that we
found the only ``significant'' portion of
[[Page 15183]]
Wyoming was the 12 percent of the State in northwestern Wyoming managed
as a trophy game area (W.S. 11-6-302 et seq. and 23-1-101, et seq. in
House Bill 0213). In its July 18, 2008, preliminary injunction order,
the U.S. District Court for the District of Montana referred to this
area ``small'' and questioned why we had reversed our position that
Wyoming should designate wolves as trophy game statewide. Furthermore,
the court expressed concern over the lack of genetic connectivity
between wolves in Wyoming and wolves in the rest of the NRM DPS.
Our position on both Wyoming's 2003 and 2007 regulatory framework
was based on the ability of the regulatory mechanisms to maintain the
State's share of a recovered wolf population. In 2004, we recommended
changes to Wyoming's 2003 State law and wolf management plan because
the trophy game area (limited to northwest Wyoming's National Parks and
wilderness areas) was not sufficient to assure the Service that the
wolf population would remain above recovery levels. In our 2004 letter,
we recommended statewide trophy game status. In 2007, Wyoming
substantially expanded their trophy game area. While far short of our
stated desire for a statewide trophy game area, we concluded the
expanded area, which included 70 percent of the State's suitable wolf
habitat, was large enough to support Wyoming's share of the minimum
number of breeding pairs necessary for recovered wolf population.
Following the release of the July 18, 2008, Montana District Court
preliminary injunction order, we reevaluated the adequacy of Wyoming's
regulatory framework including the size of the trophy game area. We now
believe all of Wyoming should be managed as a trophy game area. The
record demonstrates that wolves are unlikely to survive where they are
classified as predatory animals. Thus, the current regulatory framework
is problematic for the reasons outlined below.
First, the current regulatory framework limits natural genetic
connectivity. The GYA is the most isolated core recovery area within
the NRM DPS (Oakleaf et al. 2005, p. 554; vonHoldt et al. 2007, p. 19).
Wolf dispersal patterns indicate that dispersing wolves moving into the
GYA from Idaho or Montana are likely to move through the predatory area
(Boyd et al. 1995). Physical barriers (such as high-elevation mountain
ranges that are difficult to traverse in winter) appear to discourage
dispersal through the National Parks' northern and western boundaries.
Limited social openings in the National Parks' wolf packs also direct
dispersing wolves from Idaho and Montana toward the predatory area
portions of Wyoming. Finally, Wyoming's winter elk feeding grounds
attract and could potentially hold dispersing wolves in the predatory
area. Thus, we believe dispersal is more likely to lead to genetic
exchange if dispersers have safe passage through the predatory area.
While natural connectivity is not and has never been required to
achieve our recovery goal, we believe it should be encouraged so as to
minimize the need for agency-managed genetic exchange. Because exact
migratory corridors are not known, WGFD should be given regulatory
authority over the entire State to adaptively manage this issue as new
information comes to light over time.
A statewide trophy game area is also advisable given the dispersal
capabilities of wolves. Wolves have large home ranges (518 to 1,295
km\2\ (200 to 500 mi\2\)) with average long-distance dispersal events
of 97 km (60 mi) (Boyd and Pletscher 1997, p. 1094; Boyd et al. 2007;
Thiessen 2007, p. 33), unusually long-distance dispersal events of 290
km (180 mi) (Jimenez et al. 2008d, Figures 2 and 3), and dispersal
potential of over 1,092 km (680 mi). Some of these wolves may disperse
and return to the core of suitable habitat. A statewide trophy game
status will allow for routine and unusual dispersal events without near
certain mortality (although pack establishment in areas of unsuitable
habitat is extremely unlikely).
Furthermore, statewide trophy game status will allow more
flexibility to devise a management strategy, including regulated
harvest that provides for self-sustaining populations above recovery
goals. For example, having management authority over the entire State
could allow for strategic use of all suitable habitat if necessary
during years of disease outbreak. Such an approach could also allow
managers to strategically shift wolf distribution and densities in
response to localized impacts to native ungulate herds and livestock.
Additionally, we believe statewide trophy game status prevents a
patchwork of different management statuses; will be easier for the
public to understand and, thus, will be easier to regulate; is similar
to State management of other resources like mountain lions and
blackbears; and is consistent with the current regulatory scheme in
that the entire State is currently nonessential, experimental. Finally,
maintenance of the Act's protections Statewide will assist Service Law
Enforcement efforts that might otherwise be difficult if predatory
animal status was allowed in portions of Wyoming.
We believe the entire State of Wyoming should be managed as a
trophy game area. Continuation of the current regulatory framework in
Wyoming would meaningfully affect the DPS's resiliency, redundancy, and
representation, and decrease the ability to conserve the species. For
the purposes of this rule, the entire State shall be considered a
significant portion of the range with the understanding that different
portions of the range contribute different biological benefits. This
boundary: Encompasses the area where threats are sufficient to result
in a determination that a portion of a DPS' range is significant, and
is endangered or threatened; clearly defines the portion of the range
that is specified as threatened or endangered; and does not
circumscribe the current distribution of the species so tightly that
opportunities to maintain recovery are foreclosed. Retaining the Act's
protections Statewide also is inclusive of the area where a lack of
threat management results in biological differences in status (i.e., it
covers the State's entire predatory animal area). By identifying the
entire State as a significant portion of the range we are not
suggesting wolves could or should reoccupy or establish packs in
unsuitable habitat.
Unoccupied portions of Montana and Idaho as well as the portions of
Utah, Washington and Oregon within the NRM DPS--Finally, we decided to
analyze the remaining portions of the NRM DPS in our significant
portion of range analysis out of an abundance of caution and based on
the controversy concerning the status of the wolf in this area.
Specifically, we considered: The portion of Montana east of I-15 and
north of I-90; the portion of Idaho south of I-84; and the portions of
Oregon, Washington, and Utah within the NRM DPS. These boundaries are
based largely upon our understanding of suitable habitat and the
location of easily identifiable and understandable manmade markers and
boundaries. The following provides our analysis of whether these
portions of the range are significant.
This portion of the range does not meaningfully contribute to the
resiliency, redundancy, and representation of the NRM DPS. In terms of
resiliency, the area: Does not contain any large blocks of high-quality
habitat; does not contain, nor is it capable of containing, a
population
[[Page 15184]]
substantial enough to contribute to the ability of the NRM DPS to
recover from periodic disturbance; does not act, nor is it capable of
acting, as a refugium for the NRM DPS; and does not contain an
important concentration of habitats necessary to carry out life-history
functions (a possible exception is the ability to traverse these areas
which may play a role in the conservation of the species). In terms of
redundancy, the area: Makes a moderate contribution to the total range
of the NRM DPS; does not contribute, nor is it capable of contributing,
meaningfully to the total population of the NRM DPS; contains only
about 8 percent of theoretical suitable wolf habitat (as described by
Oakleaf et al. 2005, p. 561); and is not capable of contributing
largely to the geographic representation of the species. In terms of
representation, the area: Is unlikely to have wolves that are
genetically, morphologically or physiologically unique; is unlikely to
have wolves that exhibit behavior indicative of local adaptations that
contributes to the overall diversity of the NRM DPS; and does not
represent a unique ecological setting. With only a minor contribution
the resiliency, redundancy, and representation of the NRM DPS, we
determine these areas are not a significant portion of range in the NRM
DPS.
Most of these areas have been so modified by humans that they are
no longer able to support viable wolf populations or persistent
breeding pairs. To the extant that any of these areas contain suitable
habitat, they are small, fragmented areas where wolf packs are unlikely
to persist. Only a few wolves have established themselves in these
areas. Most of these have eventually become problem wolves requiring
control. This lack of suitability is why wolf recovery was never
envisioned for these areas (Service 1987; Service 1994).
To the extant that the ability to traverse these areas may play a
role in the conservation of the species, all wolves in these areas will
be regulated by the States as a game species. Violation of game rules
will be subject to prosecution. We believe this is an appropriate level
of protection for these largely unsuitable habitats and the same level
of protection recommended for southern and eastern Wyoming.
We have determined that these areas are insignificant to
maintaining the NRM wolf population's viability as they make only minor
contributions to the species' representation, resiliency, or
redundancy. These contributions are not at a level that meaningfully
impacts the ability to conserve the species. To the extant that the
ability to traverse these areas may play a role in the conservation of
the species, they will be appropriately regulated.
In conclusion, based on the best scientific and commercial data
available, we recognize a DPS of the gray wolf (C. lupus) in the NRM.
The NRM gray wolf DPS encompasses the eastern one-third of Washington
and Oregon, a small part of north-central Utah, and all of Montana,
Idaho, and Wyoming. Recent estimates indicate the NRM DPS contains
approximately 5 times more wolves than the minimum population recovery
goal requires and about 3 times more wolves than the breeding pair
recovery goal requires. The end of 2008 will mark the ninth consecutive
year the population has exceeded our numeric and distributional
recovery goals. The States of Montana and Idaho have adopted State
laws, management plans, and regulations that meet the requirements of
the Act and will conserve a recovered wolf population into the
foreseeable future. However, wolf populations in Wyoming continue to
face high magnitude of threats that would materialize imminently in the
absence of the Act's protections because of a lack of effective
regulatory mechanisms in the State. We determine that the best
scientific and commercial data available demonstrates that (1) the NRM
DPS is not threatened or endangered throughout ``all'' of its range
(i.e., not threatened or endangered throughout all of the DPS); and (2)
the Wyoming portion of the range represents a significant portion of
range where the species remains in danger of extinction because of
inadequate regulatory mechanisms. Thus, this final rule removes the
Act's protections throughout the NRM DPS except for Wyoming. Wolves in
Wyoming will continue to be regulated as a non-essential, experimental
population per 50 CFR 17.84 (i) and (n).
Effects of the Rule
Promulgation of this final rule will affect the protections
afforded to the NRM gray wolf population under the Act, except for the
significant portion of the range (SPR) in Wyoming. Taking, interstate
commerce, import, and export of these wolves are no longer prohibited
under the Act, except for the SPR in Wyoming. Other State and Federal
laws will still regulate take. In addition, with the removal of the
Act's protection in most of the NRM DPS, Federal agencies are no longer
required to consult with us under section 7 of the Act to ensure that
any action authorized, funded, or carried out by them is not likely to
jeopardize the species' continued existence, except for the SPR in
Wyoming. No critical habitat has been designated for the NRM DPS: Thus,
50 CFR 17.95 is not modified by this regulation. Removing the Act's
protections in most of the NRM DPS is expected to have positive effects
in terms of management flexibility to the State, Tribal, and local
governments.
Because the SPR in Wyoming shall remain protected under the Act,
this regulation leaves in place the nonessential experimental
regulations in Wyoming designed to reduce the regulatory burden. Until
Wyoming revises their statute, regulations, and management plan, and it
is again Service approved, most wolves in Wyoming will continue be
regulated by the 1994 experimental rule (59 FR 60252, November 22,
1994; 50 CFR 17.84(i)). Wolves on Wind River Tribal lands will be
regulated by the 2005 and 2008 experimental rule (70 FR 1286, January
6, 2005; 73 FR 4720, January 28, 2008; 50 CFR 17.84(n)) because the
Tribe has a Service approved post-delisting wolf management plan.
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.
The separate experimental population listing in portions of
Arizona, New Mexico, and Texas continues unchanged.
Once this rule goes into effect, if a NRM wolf goes beyond the NRM
DPS boundary, it attains the listing status of the area it has entered.
Post-Delisting Monitoring
Section 4(g)(1) of the Act, added in the 1988 reauthorization,
requires us to implement a system, in cooperation with the States, to
monitor for not less than 5 years, the status of all species that have
recovered and been removed from the Lists of Endangered and Threatened
Wildlife and Plants (50 CFR 17.11 and 17.12). The purpose of this post-
delisting monitoring is to verify that a recovered species remains
secure
[[Page 15185]]
from risk of extinction after it no longer has the protections of the
Act. Should relisting be required, we may make use of the emergency
listing authorities under section 4(b)(7) of the Act to prevent a
significant risk to the well-being of any recovered species.
Monitoring Techniques--The NRM area was intensively monitored for
wolves even before wolves were documented in Montana in the mid-1980s
(Weaver 1978; Ream and Mattson 1982, p. 379-381; Kaminski and Hansen
1984, p. v). Numerous Federal, State, and Tribal agencies,
universities, and special interest groups assisted in those various
efforts. Since 1979, wolves have been monitored using standard
techniques including collecting, evaluating, and following-up on
suspected observations of wolves or wolf signs by natural resource
agencies or the public; howling or snow tracking surveys conducted by
the Service, our university and agency cooperators, volunteers, or
interested special interest groups; and by capturing, radio-collaring,
and monitoring wolves. We only consider wolves and wolf packs as
confirmed when Federal, State, or Tribal agency verification is made by
field staff that can reliably identify wolves and wolf signs.
The wolf monitoring system works in a hierarchical nature.
Typically we receive a report (either directly or passed along by
another agency) that wolves or their signs were observed. We make no
judgment whether the report seems credible or not and normally just
note the general location of that observation. Unless breeding results,
reports of single animals are not important unless tied to other
reports or unusual observations that elicit concern (e.g., a wolf
reported feeding on a livestock carcass). Lone wolves can wander long
distances over a short period of time (Mech and Boitani 2003, pp. 14-
15) and may be almost impossible to find again or confirm. However, the
patterns and clusters of those individual reports are very informative
and critical to subsequent agency decisions about where to focus agency
searches for wolf pack activity.
When we receive multiple reports of multiple individuals that
indicate possible territoriality and pair bonding (the early stage of
pack formation), or a report of multiple wolves that seems highly
credible (usually made by a biologist or experienced outdoors-person),
we typically notify the nearest Federal, State, or Tribal natural
resource/land management agency and ask them to be on the alert for
possible wolf activity during the normal course of their field
activities. Once they locate areas of suspected wolf activity, we may
ask experienced field biologists to search the area for wolf signs
(tracks, howling, scats, ungulate kills). Depending on the type of
activity confirmed, field crews may decide to capture and radio-collar
the wolves. Radio-collared wolves are then relocated from the air 1 to
4 times per month dependent on a host of factors including funding,
personnel, aircraft availability, weather, and other priorities. At the
end of the year, we compile agency-confirmed wolf observations to
estimate the number and location of adult wolves and pups that were
likely alive on December 31 of that year. These data are then
summarized by packs to indicate overall population size, composition,
and distribution. This level of wildlife monitoring is intensive and
the results are relatively accurate estimates of wolf population
distribution and structure (Service et al. 2009, Table 1-4, Figure 1-
4). This monitoring strategy has been used to estimate the NRM wolf
population for over 20 years.
Montana and Idaho, as well as Washington, Oregon and Utah,
committed to continue monitoring wolf populations, according to their
State wolf management plans (See State plans in Factor D) or in other
cooperative agreements, using similar techniques as the Service and its
cooperators (which has included the States, Tribes, and USDA-WS--the
same agencies that will be managing and monitoring wolves post-
delisting) have used. Montana and Idaho have committed to continue to
conduct wolf population monitoring through the post-delisting
monitoring period (Montana 2003, p. 63, 78; Idaho 2002, p. 35). Montana
and Idaho also have committed to publish the results of their
monitoring efforts in annual wolf reports as has been done since 1989
by the Service and its cooperators (Service et al. 1989-2009). The
Service and the National Park Service will continue to monitor wolves
in Wyoming. Other States and Tribes within the DPS adjacent to Montana,
Idaho, and Wyoming also have participated in this interagency
cooperative wolf monitoring system for at least the past decade, and
their plans commit them to continue to report wolf activity in their
State and coordinate those observations with other States. The annual
reports also have documented all aspects of the wolf management program
including staffing and funding, legal issues, population monitoring,
control to reduce livestock and pet damage, research (predator-prey
interactions, livestock/wolf conflict prevention, disease and health
monitoring, publications, etc.) and public outreach.
Service Review of the Post-Delisting Status of the Wolf
Population--To ascertain wolf population distribution and structure and
to analyze if the wolf population might require a Service-led status
review (to determine whether it should again be listed under the Act),
we intend to review the State and any Tribal annual wolf reports for at
least 5 years after delisting. The status of the NRM wolf population
will be estimated by estimating the numbers of packs, breeding pairs,
and total numbers of wolves in mid-winter by State and by recovery area
throughout the post-delisting monitoring period (Service et al. 2009,
Table 4, Figure 1). By evaluating the techniques used and the results
of those wolf monitoring efforts, the Service can decide whether
further action, including relisting is warranted. In addition, the
States and Tribes are investigating other, perhaps more accurate and
less expensive, ways to help estimate and describe wolf pack
distribution and abundance (Service et al. 2009, Figure 1, Table 4;
Kunkel et al. 2005; Mitchell et al. 2008).
Other survey methods and data can become the `biological
equivalents' of the breeding pair definition currently used to measure
recovery (Mitchell et al. 2008). Those State and Tribal investigations
also include alternative ways to estimate the status of the wolf
population and the numbers of breeding pairs that are as accurate, but
less expensive, than those that are currently used (Mitchell et al.
2008). Although not compelled by the Act, the State will likely
continue to publish their annual wolf population estimates, in
cooperation with National Parks and Tribes, after the mandatory wolf
population monitoring required by the Act is over because of mandatory
reporting requirements in Federal funding and grant programs and the
high local and national public and scientific interest in NRM wolves.
We fully recognize and anticipate that State and Tribal laws
regarding wolves and State and Tribal management will change through
time as new knowledge becomes available as the State and Tribes gain
additional experience at wolf management and conservation. We will base
any analysis of whether a status review and relisting are warranted
upon the best scientific and commercial data available regarding wolf
distribution, abundance, and threats in the NRM DPS. For the post-
delisting monitoring period, the best source of that information will
be the State's annual or other wolf reports and publications. We intend
to post those
[[Page 15186]]
annual State wolf reports and our annual review and comment on the
status of the wolf population in the NRM DPS on our website (http://westerngraywolf.fws.gov/) by approximately April 1 of each following
year. During our annual analysis of the State's annual reports (which
will continue for at least 5 years), we also intend to comment on any
threats that may have increased during the previous year, such as
significant changes in a State regulatory framework, habitat, diseases,
decreases in prey abundance, increases in wolf-livestock conflict, or
other natural and man-caused factors.
Our analysis and response for post-delisting monitoring is to track
changes in wolf abundance, distribution, and threats to the population.
Three scenarios could lead us to initiate a status review and analysis
of threats to determine if relisting was warranted including: (1) If
the wolf population falls below the minimum NRM wolf population
recovery level of 10 breeding pairs of wolves and 100 wolves in either
Montana or Idaho at the end of the year; (2) if the wolf population
segment in Montana or Idaho falls below 15 breeding pairs or 150 wolves
at the end of the year in any one of those States for 3 consecutive
years; or (3) if a change in State law or management objectives would
significantly increase the threat to the wolf population. All such
reviews would be made available for public review and comment,
including peer review by select species experts. Additionally, if any
of these scenarios occurred during the mandatory 5-year post-delisting
monitoring period, the post-delisting monitoring period would be
extended 5 additional years from that point in that State.
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866 (E.O. 12866). OMB bases its determination upon the
following four criteria: (a) Whether the rule will have an annual
effect of $100 million or more on the economy or adversely affect an
economic sector, productivity, jobs, the environment, or other units of
the government; (b) Whether the rule will create inconsistencies with
other Federal agencies' actions; (c) Whether the rule will materially
affect entitlements, grants, user fees, loan programs, or the rights
and obligations of their recipients; (d) Whether the rule raises novel
legal or policy issues.
Paperwork Reduction Act
OMB regulations at 5 CFR 1320 implement provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). The OMB regulations at 5 CFR
1320.3(c) define a collection of information as the obtaining of
information by or for an agency by means of identical questions posed
to, or identical reporting, recordkeeping, or disclosure requirements
imposed on, 10 or more persons. Furthermore, 5 CFR 1320.3(c)(4)
specifies that ``ten or more persons'' refers to the persons to whom a
collection of information is addressed by the agency within any 12-
month period. For purposes of this definition, employees of the Federal
government are not included. The Service may not conduct or sponsor,
and you are not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
This rule does not contain any collections of information that
require approval by OMB under the Paperwork Reduction Act. As proposed
under the Post-Delisting Monitoring section above, populations will be
monitored by the States and Tribes in accordance with their Wolf
Management Plans. We do not anticipate a need to request data or other
information from 10 or more persons during any 12-month period to
satisfy monitoring information needs. If it becomes necessary to
collect information from 10 or more non-Federal individuals, groups, or
organizations per year, we will first obtain information collection
approval from OMB.
National Environmental Policy Act
The Service has determined that Environmental Assessments and EIS,
as defined under the authority of the NEPA, need not be prepared in
connection with actions adopted pursuant to section 4(a) of the Act. A
notice outlining the Service's reasons for this determination was
published in the Federal Register on October 25, 1983 (48 FR 49244).
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this final rule is
not expected to significantly affect energy supplies, distribution, or
use, this action is not a significant energy action and no Statement of
Energy Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
Government-to-Government Relations with Native American Tribal
Governments (59 FR 22951), Executive Order 13175, and 512 DM 2, we have
coordinated the proposed rule and this final rule with the affected
Tribes. Throughout several years of development of earlier related
rules and the proposed rule, we have endeavored to consult with Native
American tribes and Native American organizations in order to both (1)
provide them with a complete understanding of the proposed changes, and
(2) to understand their concerns with those changes. We have fully
considered their comments during the development of this final rule. If
requested, we will conduct additional consultations with Native
American tribes and multi-tribal organizations subsequent to this final
rule in order to facilitate the transition to State and tribal
management of gray wolves within the NRM DPS.
References Cited
A complete list of all references cited in this document is
available upon request from the Western Gray Wolf Recovery Coordinator
(see ADDRESSES above).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, 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. In Sec. 17.11(h), the entry for ``Wolf, gray'' under MAMMALS in the
List of Endangered and Threatened Wildlife is revised to read as
follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 15187]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
------------------------------------------------------ Historic range where endangered or Status When Critical Special
Common name Scientific name threatened listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Wolf, gray...................... Canis lupus........ Holarctic......... U.S.A., conterminous E 1, 6, 13, N/A N/A
(lower 48) States, 15, 35
except: (1) Where
listed as an
experimental
population below; (2)
Minnesota, Wisconsin,
Michigan, eastern
North Dakota (that
portion north and east
of the Missouri River
upstream to Lake
Sakakawea and east of
the centerline of
Highway 83 from Lake
Sakakawea to the
Canadian border),
eastern South Dakota
(that portion north
and east of the
Missouri River),
northern Iowa,
northern Illinois, and
northern Indiana
(those portions of IA,
IL, and IN north of
the centerline of
Interstate Highway
80), and northwestern
Ohio (that portion
north of the
centerline of
Interstate Highway 80
and west of the Maumee
River at Toledo); (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. (portions of AZ, XN 631 N/A 17.84(k)
NM, and TX--see Sec.
17.84(k)).
Wolf, gray [Northern Rocky Canis lupus........ U.S.A. (MT, ID, U.S.A. (WY--see Sec. XN 561, 562 N/A 17.84(i).
Mountain DPS]. WY, eastern WA, 17.84(i) and Sec. 17.84(n).
eastern OR, and 17.84(n)).
north central UT).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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)(i) 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.
[[Page 15188]]
(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: March 10, 2009.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-5991 Filed 4-1-09; 8:45 am]
BILLING CODE 4310-55-P