5908 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Proposed Rules 

invites comments on whether the rule 

could be written so that it is easier to 

understand. 

List of Subjects in 12 CFR Part 337 

Banks, Banking, Reporting and 

recordkeeping requirements, Savings 

associations, Securities. 

For the reasons stated above, the 

Board of Directors of the Federal 

Deposit Insurance Corporation proposes 

to amend part 337 of title 12 of the Code 

of Federal Regulations as follows: 

1. The authority citation for part 337 

continues to read as follows: 

Authority: 12 U.S.C. 375a(4), 375b, 1816, 

1818(a), 1818(b), 1819, 1820(d)(10), 1821(f), 

1828(j)(2), 1831. 

2. In § 337.6, revise paragraphs 

(a)(5)(iii), (b)(2)(ii)(B) , and (b)(4) to read 

as follows: 

§ 337.6 Brokered deposits. 

(a) * * * 

(5) * * * 

(iii) Notwithstanding paragraph 

(a)(5)(ii) of this section, the term deposit 

broker includes any insured depository 

institution that is not well capitalized, 

and any employee of any such insured 

depository institution, which engages, 

directly or indirectly, in the solicitation 

of deposits by offering rates of interest 

(with respect to such deposits) which 

are significantly higher than the 

prevailing rates of interest on deposits 

offered by other insured depository 

institutions in such depository 

institution’s normal market area. For 

purposes of this paragraph, the 

prevailing rates of interest in such 

depository institution’s normal market 

area shall be deemed to be the national 

rate as defined in paragraph (b)(2)(ii)(B) 

of this section unless the FDIC 

determines, based on available 

evidence, that the prevailing rates differ 

from the national rate. 

* * * * * 

(b) * * * 

(2) * * * (ii) * * * 

(B) The national rate paid on deposits 

of comparable size and maturity for 

deposits accepted outside the 

institution’s normal market area. For 

purposes of this paragraph (b)(2)(ii)(B), 

the national rate, which would be 

calculated and published by the FDIC, 

shall be a simple average of rates paid 

by all insured depository institutions 

and branches for which data are 

available. 

* * * * * 

(4) For purposes of the restrictions 

contained in paragraphs (b)(2)(ii)(A) and 

(b)(3)(ii) of this section, a presumption 

shall exist that the effective yield in the 

relevant market is the national rate as 

defined in paragraph (b)(2)(ii)(B) of this 

section unless the FDIC determines, 

based on available evidence, that the 

effective yield differs from the national 

rate. An effective yield on a deposit 

with an odd maturity violates 

paragraphs (b)(2)(ii)(A) and (b)(3)(ii) of 

this section if it is more than 75 basis 

points higher than the yield calculated 

by interpolating between the yields 

offered by other insured depository 

institutions on deposits of the next 

longer and shorter maturities offered in 

the market. A market area is any readily 

defined geographical area in which the 

rates offered by any one insured 

depository institution soliciting deposits 

in that area may affect the rates offered 

by other insured depository institutions 

operating in the same area. 

* * * * * 

Dated at Washington, DC, this 27th day of 

January, 2009. 

Authorized to be published in the Federal 

Register by Order of the Board of Directors 

of the Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–2112 Filed 2–2–09; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R9–IA–2008–0123; 96100–1671– 

0000–B6] 

RIN 1018–AI83 

Endangered and Threatened Wildlife 

and Plants; Petition To Reclassify the 

Wood Bison From Endangered to 

Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce our 

90-day finding on a petition to reclassify 

the wood bison (Bison bison 

athabascae) from endangered to 

threatened throughout its range in the 

List of Endangered and Threatened 

Wildlife established under the 

Endangered Species Act of 1973 (Act), 

as amended (16 U.S.C. 1531 et seq.). We 

find that the petition presents 

substantial scientific and commercial 

information indicating that the 

petitioned action of reclassifying the 

wood bison from endangered to 

threatened status under the Act may be 

warranted. Therefore, we are initiating a 

status review of the wood bison to 

determine if reclassification, as 

petitioned, is warranted under the Act. 

To ensure that the status review is 

comprehensive, we are requesting 

submission of any new information on 

the wood bison since its original listing 

as endangered throughout its entire 

range under the predecessor of the Act 

on June 2, 1970 (35 FR 8491). At the 

conclusion of our status review, we will 

issue a 12-month finding on the 

petition, as provided in section 

4(b)(3)(B) of the Act. 

DATES: The finding announced in this 

document was made on January 14, 

2009. To be considered in the 12-month 

finding on this petition, we will accept 

comments and information from all 

interested parties until April 6, 2009. 

ADDRESSES: You may submit 

information, materials, and comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R9– 

IA–2008–0123; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive; 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Rosemarie Gnam, Ph.D., Chief, Division 

of Scientific Authority, U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 

Room 110, Arlington, VA 22203; 

telephone 703–358–1708; facsimile 

703–358–2276; electronic mail 

ScientificAuthority@fws.gov. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Information Solicited 

We intend that any final action 

resulting from this status review will be 

as accurate and as effective as possible 

based on the best available scientific 

and commercial information. Therefore, 

we solicit information, comments, or 

suggestions on the wood bison from the 

public, concerned government agencies, 

the scientific community, or any other 

interested party. We are opening a 60- 

day public comment period to allow all 

interested parties an opportunity to 

provide information on the status of the 


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Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Proposed Rules 5909 

wood bison throughout its range, 

including: 

(1) Information on taxonomy, 

distribution, habitat selection and use, 

food habits, population density and 

trends, habitat trends, disease, and 

effects of management on wood bison; 

(2) Information on captive herds, 

including efficacy of breeding and 

reintroduction programs, origin of 

parental stock, stock supplementation 

for genetic purposes, growth rates, birth 

and mortality rates in captivity; location 

of captive herds in comparison to wild 

populations, effects of captive breeding 

on the species’ natural habitats and wild 

populations, and any other factors from 

captive breeding that might affect wild 

populations or natural habitat; 

(3) Information on the adequacy of 

existing regulatory mechanisms; trends 

in domestic and international trade of 

live specimens, sport-hunted trophies, 

or other parts and products; poaching of 

wild wood bison; illegal trade and 

enforcement efforts and solutions; and 

oversight of reintroduction or 

introduction programs; 

(4) Information on the effects of other 

potential threat factors, including 

contaminants, changes of the 

distribution and abundance of wild 

populations, disease episodes within 

wild and captive populations, large 

mortality events, climate change, or 

negative effects resulting from the 

presence of invasive species; and 

(5) Information on management 

programs for wood bison conservation 

in the wild, including private, tribal, or 

governmental conservation programs 

that benefit wood bison. 

We will base our finding on a review 

of the best scientific and commercial 

information available, including all 

information received during the public 

comment period. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. We will not accept 

comments you send by e-mail or fax. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that we 

will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. While you can ask 

us in your comment to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this 90-day finding, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Division of Scientific Authority 

(see FOR FURTHER INFORMATION CONTACT). 

Background 

We received a petition from the cochairs of the National Wood Bison 

Recovery Team (NWBRT) based at the 

University of Calgary, Canada, dated 

November 26, 2007, requesting that we 

reclassify the wood bison (Bison bison 

athabascae) from endangered to 

threatened. The petition contained 

information about recovery efforts in 

Canada and referred to information 

provided to the United States Division 

of Scientific Authority by the NWBRT 

since 2004 regarding the natural history 

and biology of the wood bison, 

including the species’ current status and 

distribution. 

All wild, disease-free wood bison, 

3,382 specimens in 2004, are found in 

northwestern Canada (Reynolds et al. 

2004, p. 32). They are distributed among 

seven managed populations in the 

Northwest Territories, the Yukon 

Territory, British Columbia, Alberta, 

and Manitoba. There are also 15 captivebreeding herds (5 public herds and 10 

private herds), with all of the public 

herds located in northwestern Canada. 

The wood bison differs 

morphologically from the more common 

plains bison (Bison bison bison). The 

wood bison is larger and heavier within 

similar age and sex classes, darker in 

color with a more squarish hump than 

the rounder hump of the plains bison. 

There is less hair on top of the head of 

the wood bison, around the horns and 

in the beard, which makes the horns 

appear longer and the head appear 

smaller than those of the plains bison. 

The long hair on the front legs of plains 

bison is short or absent in wood bison, 

and the cape on the hump, shoulders, 

and neck is less distinct (Reynolds et al. 

2003, p. 1013). 

In contrast to the plains bison, wood 

bison herds are smaller. During rut, 

wood bison herds disperse into even 

smaller groups with some bulls 

temporarily becoming solitary 

(Reynolds et al. 2003, p. 1021). Whereas 

plains bison bulls establish dominance 

hierarchies for breeding, wood bison 

bulls establish harems (Reynolds et al. 

2003, p. 1021). Wood bison home range 

size varies with age, sex, and 

availability of forage (Reynolds et al. 

2003, pp. 1024–25). The breeding 

season is from July to October. Bulls 

between the ages of 6 and 9 years do 

most of the breeding (Reynolds et al. 

2003, p. 1025). Peak breeding age for 

cows is between 5 and 14 years of age. 

Wood bison forage in open meadows, 

and rest and ruminate in aspen and 

coniferous forests (Government of 

Canada 1997, p. 2; Reynolds et al. 2003, 

p. 1037). 

History of the Endangered Species Act 

Listing 

The wood bison was listed under the 

U.S. Endangered Species Conservation 

Act of 1969; the listing of which went 

into effect on June 2, 1970, with the 

publication of our final rule, 

Conservation of endangered species and 

other fish or wildlife (35 FR 8491). At 

that time through the present, the only 

wild wood bison herds were found in 

the boreal wilderness of northwestern 

Canada (Government of Canada 1997, p. 

2). While never numerous, the 

subspecies, which numbered 

approximately 200,000 animals in 

Canada in 1800, was almost 

exterminated by the late 1800s due to 

overhunting for food and the fur trade. 

About 250 specimens survived in the 

early 1900s and were protected by the 

Government of Canada in Wood Buffalo 

National Park. The growing herd was 

jeopardized by the introduction of 

plains bison, however, with which the 

remaining wood bison hybridized. The 

plains bison also introduced 

tuberculosis and brucellosis in wood 

bison herds. A total of 200 disease-free 

bison with wood bison morphological 

characteristics were discovered in 1959 

in a remote area of Wood Bison National 

Park. Between 1963 and 1965, just prior 

to the Endangered Species Conservation 

Act listing, 42 of these specimens were 

introduced into the Mackenzie Bison 

Sanctuary, near Fort Providence, in the 

Northwest Territories, and into Elk 

Island National Park in Central Alberta 

(Government of Canada 1997, p. 2). 

These specimens became the founder 

stock for the 4,336 disease-free 

specimens of wood bison (Reynolds et 

al. 2004, p. 32). 

Because the wood bison was 

summarily listed under the 1969 

Endangered Species Conservation Act, 

along with many other species, there 

was no separate Federal Register final 

rule for its listing. On June 2, 1970, the 

wood bison first appeared on the list of 

foreign species (Appendix A) in our 

final rule, Conservation of endangered 

species and other fish or wildlife (35 FR 

8491). According to this rule, the taxa 

included in Appendix A of that 

document were considered as 

endangered throughout their range. It 

was likely that the total subspecies 

population of about 200 specimens 

contributed to the listing decision. 

Appendix A indicated Canada as the 

sole range country (in the ‘‘Where 

Found’’ column), with the explanation 


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5910 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Proposed Rules 

that the range information ‘‘is a general 

guide to the native countries or regions 

where the named animals are found. It 

is not intended to be definitive.’’ 

In 1979, the listing status of wood 

bison within the United States was 

reviewed due to a potential failure to 

comply with a procedural requirement 

of the 1969 Act (i.e., consulting with the 

governor of any state in which the 

species was found) (44 FR 43705; July 

25, 1979). On July 25, 1980, the Service 

published a proposed rule discussing 

the earlier procedural error, but did not 

propose changes to the listing status of 

wood bison as we had determined that 

no pure bred individuals of the 

subspecies were known to occur in the 

United States (45 FR 49844). 

Other Wood Bison Listings 

The wood bison was placed in 

Appendix I of the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES) on July 1, 1975, when the treaty 

went into effect (42 FR 10462; February 

22, 1979). On September 28, 1997, the 

wood bison was downlisted to 

Appendix II based on a proposal from 

Canada that described progress in 

implementation of the Canadian 

recovery plan (Government of Canada, 

1997; 62 FR 44627; August 22, 1997). 

The United States voted in support of 

the downlisting. Listing in CITES 

Appendix II allows for regulated 

commercial trade as long as certain 

findings are made, whereas a listing in 

Appendix I generally prohibits 

commercial trade. The wood bison is 

also listed as a threatened species under 

Canada’s Species at Risk Act (SARA), 

which went into effect on June 1, 2004. 

The 2006 IUCN Red List of Threatened 

Species (http://www.iucnredlist.org/) 

classifies the American bison (Bison 

bison) as ‘‘lower risk–conservation 

dependent.’’ Subspecies, such as the 

plains bison and wood bison, are not 

evaluated separately from the species on 

the IUCN list. 

The NWBRT petition is the second 

petition that we have received regarding 

the wood bison. On May 14, 1998, the 

Service received a petition from a 

private individual requesting that we 

remove the wood bison from the List of 

Endangered and Threatened Wildlife, 

primarily because it had just been 

downlisted under CITES. In a 90-day 

finding published on November 25, 

1998 (63 FR 65164), we found that the 

petitioner did not supply substantial 

information to indicate that the delisting 

was warranted. 

The NWBRT, with this petition, 

requests reclassification of the wood 

bison from endangered to threatened 

because—according to their petition— 

populations are healthy, habitat remains 

plentiful, and recovery and management 

plans are being implemented. With this 

action, we find that the NWBRT petition 

presents substantial scientific evidence 

and commercial information indicating 

that reclassification from an endangered 

species to a threatened species may be 

warranted. 

Finding 

On the basis of the information 

provided in the petition or contained in 

Service files, we have determined that 

the petition presents substantial 

scientific and commercial information 

indicating that reclassifying the wood 

bison from endangered to threatened 

may be warranted. Therefore, we are 

initiating a status review to determine if 

reclassification of the subspecies is 

warranted. To ensure that the status 

review is comprehensive, the Service is 

soliciting scientific and commercial 

information regarding this subspecies. 

References Cited 

Government of Canada. 1997. Prop. 

10.35. Proposal for the transfer of 

wood bison (Bison bison athabascae) 

from Appendix I to Appendix II of the 

Convention on International Trade in 

Endangered Species. Tenth Meeting of 

the Conference of the Parties held in 

Harare, Zimbabwe, 9–20 June, 1997. 2 

pp. 

Reynolds, H.W., C.C. Gates, and R.D. 

Glaholt. 2003. Bison (Bison bison). In: 

G.A. Feldhamer, B.C. Thompson, and 

J.A. Chapman (eds.), Wild Mammals 

of North America. Biology, 

Management, and Conservation. 2nd 

Edition. The Johns Hopkins 

University Press, Baltimore. Pp. 1009– 

1060. 

Reynolds, H., C. Gates, J. Nishi, T. Jung, 

H. Schwantje, and B. Stephenson. 

2004. Draft background on wood 

bison recovery efforts and legal status 

in Canada. Submitted to U.S. Fish and 

Wildlife Service, August 2004. 32pp. 

Author 

The primary author of this document 

is Jeffrey P. Jorgenson, Ph.D., Division of 

Scientific Authority, U.S. Fish and 

Wildlife Service (see ADDRESSES

section). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: January 14, 2009. 

Kenneth Stansell, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–2084 Filed 2–2–09; 8:45 am] 

BILLING CODE 4310–55–P 


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