[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Rules and Regulations]
[Pages 47483-47488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22256]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2009-0063; 92220-1113-0000; C6]
RIN 1018-AW80


Endangered and Threatened Wildlife and Plants; Reinstatement of 
Protections for the Gray Wolf in the Western Great Lakes in Compliance 
With Settlement Agreement and Court Order

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing 
this final rule to comply with a court order that has the effect of 
reinstating the regulatory protections under the Endangered Species Act 
of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the 
western Great Lakes. This rule corrects the gray wolf listing in our 
regulations which will reinstate the listing of gray wolves in all of 
Wisconsin and Michigan, the eastern half of North Dakota and South 
Dakota, the northern half of Iowa, the northern portions of Illinois 
and Indiana, and the northwestern portion of Ohio as endangered, and 
reinstate the listing of wolves in Minnesota as threatened. This rule 
also reinstates the former designated critical habitat for gray wolves 
in Minnesota and Michigan and special regulations for gray wolves in 
Minnesota.

DATES: This action is effective September 16, 2009.

[[Page 47484]]


ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. It will also be available for inspection, by 
appointment, during normal business hours at U.S. Fish and Wildlife 
Service, 1 Federal Drive, Fort Snelling, Minnesota 55111. Call 612-713-
5350 to make arrangements.

FOR FURTHER INFORMATION CONTACT: For information on wolves in the 
western Great Lakes, contact Laura Ragan, Regional Listing Coordinator, 
U.S. Fish and Wildlife Service, at our Fort Snelling, Minnesota, 
Regional Office (see ADDRESSES) or telephone 612-713-5350. 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

    Information about the life history of the gray wolf and previous 
Federal actions can be found in our February 8, 2007 (72 FR 6052), 
final rule for the Western Great Lakes Distinct Population Segment (WGL 
DPS) of the gray wolf.
    On June 15, 2009, five parties filed a lawsuit against the U.S. 
Department of the Interior (Department) and the Service, challenging 
the Service's April 2, 2009 (74 FR 15070), final rule for the WGL DPS. 
On July 1, 2009, the U.S. District Court for the District of Columbia 
signed a stipulated settlement agreement and order (Humane Society of 
the United States v. Salazar, 1:09-CV-1092-PLF (D.D.C.)). In the 
settlement, the Service agrees to withdraw the 2009 final rule and, if 
we republish another rule, to open a minimum 60-day public comment 
period.

Administrative Procedure

    This rulemaking is necessary to comply with the July 1, 2009, 
settlement agreement and order. Therefore, under these circumstances, 
the Director has determined, pursuant to 5 U.S.C. 553(b), that prior 
notice and opportunity for public comment are impractical and 
unnecessary. The Director has further determined, pursuant to 5 U.S.C. 
553(d), that the agency has good cause to make this rule effective upon 
publication.

Effects of the Rule

    As of the filing of the respective court orders, any and all gray 
wolves in the western Great Lakes, except in Minnesota, are listed as 
an endangered species under the ESA. Any and all wolves in Minnesota 
are listed as a threatened species under the ESA. The reinstated 
regulations found at 50 CFR 17.95 designate critical habitat for gray 
wolves in Minnesota and Michigan, and the reinstated special 
regulations in 50 CFR 17.40(d) govern the regulation of gray wolves in 
Minnesota. The provisions of these regulations are the same as those in 
the regulations that were removed per our February 8, 2007, final 
delisting rule (72 FR 6052).
    This means that wolves in Wisconsin, Michigan, North Dakota, South 
Dakota, Iowa, Illinois, Indiana, and Ohio, are hereby listed as 
endangered (50 CFR 17.11(h)). Wolves in Minnesota are listed as 
threatened (50 CFR 17.11(h)).
    This rule will not affect the status of the gray wolf in the 
western Great Lakes under State laws or suspend any other legal 
protections provided by State law. This rule will not affect the gray 
wolf's Appendix II status under the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES).
    Additionally, pursuant to section 6 of the Act, we are able to 
grant available funds to the States for management actions promoting 
the protection of gray wolves in the western Great Lakes.

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 CFR, as set forth below:

PART 17--[AMENDED]

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

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


0
2. Amend Sec.  17.11 by revising the entry in the table at paragraph 
(h) for ``Wolf, gray'' as follows:


Sec.  17.11  [Amended]

* * * * *
    (h) * * *

[[Page 47485]]



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                     Species
--------------------------------------------------  Historic range     Vertebrate population where       Status    When listed    Critical     Special
          Common name            Scientific Name                         endangered or threatened                                 habitat       rules
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            MAMMALS
 
                                                                      * * * * * * *
Wolf, gray....................  Canis lupus......  Holarctic.......  U.S.A., conterminous (lower 48)  E              1, 6, 13,     17.95(a)          N/A
                                                                      States, except (1) Where                          15, 35
                                                                      listed as an experimental
                                                                      population below; (2)
                                                                      Minnesota; and (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 (that portion of OR
                                                                      east of the centerline of
                                                                      Highway 395 and Highway 78
                                                                      north of Burns Junction and
                                                                      that portion of OR east of the
                                                                      centerline of Highway 95 south
                                                                      of Burns Junction), and north
                                                                      central UT (that portion of UT
                                                                      east of the centerline of
                                                                      Highway 84 and north of
                                                                      Highway 80). Mexico.
 Do...........................  ......do.........  ......do........  U.S.A. (MN)....................  T                     35     17.95(a)     17.40(d)
 Do...........................  ......do.........  ......do........  U.S.A. (portions of AZ, NM, and  XN                   631          N/A     17.84(k)
                                                                      TX--see Sec.   17.84(k)).
Wolf, gray [Northern Rocky      Canis lupus......  U.S.A. (MT, ID,   U.S.A. (WY--see Sec.   17.84(i)  XN              561, 562          N/A     17.84(i)
 Mountain DPS].                                     WY, eastern WA,   and Sec.   17.84(n)).                                                     17.84(n)
                                                    eastern OR, and
                                                    north central
                                                    UT).
 
                                                                      * * * * * * *
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[[Page 47486]]


0
3. Amend Sec.  17.40 by adding paragraph (d) as set forth below:


Sec.  17.40  Special rules--mammals.

* * * * *
    (d) Gray wolf (Canis lupus) in Minnesota.
    (1) Zones. For purposes of these regulations, the State of 
Minnesota is divided into the following five zones:
    (i) Zone 1--4,488 square miles. Beginning at the point of 
intersection of United States and Canadian boundaries in Section 22, 
Township 71 North, Range 22 West, in Rainy Lake, then proceeding along 
the west side of Sections 22, 27, and 34 in said Township and Sections 
3, 10, 15, 22, 27 and 34 in Township 70 North, Range 22 West and 
Sections 3 and 10 in Township 69 North, Range 22 West; then east along 
the south boundaries of Sections 10, 11, and 12 in said Township; then 
south along the Koochiching and St. Louis counties line to Highway 53; 
thence southeasterly along State Highway 53 to the junction with County 
Route 765; thence easterly along County Route 765 to the junction with 
Kabetogama Lake in Ash River Bay; thence along the south boundary of 
Section 33 in Township 69 North, Range 19 West, to the junction with 
the Moose River; thence southeasterly along the Moose River to Moose 
Lake; thence along the western shore of Moose Lake to the river between 
Moose Lake and Long Lake; thence along the said river to Long Lake; 
thence along the east shore of Long Lake to the drainage on the 
southeast side of Long Lake in NE\1/4\, Section 18, Township 67 North, 
Range 18 West; thence along the said drainage southeasterly and 
subsequently northeasterly to Marion Lake, the drainage being in 
Sections 17 and 18, Township 67 North, Range 18 West; thence along the 
west shoreline of Marion Lake proceeding southeasterly to the Moose 
Creek; thence along Moose Creek to Flap Creek; thence southeasterly 
along Flap Creek to the Vermilion River; thence southerly along the 
Vermilion River to Vermilion Lake; thence along the Superior National 
Forest boundary in a southeasterly direction through Vermilion Lake 
passing these points: Oak Narrows, Muskrat Channel, South of Pine 
Island, to Hoodo Point and the junction with County Route 697; thence 
southeasterly on County Route 697 to the junction with State Highway 
169; thence easterly along State Highway 169 to the junction with State 
Highway 1; thence easterly along State Highway 1 to the junction with 
the Erie Railroad tracks at Murphy City; thence easterly along the Erie 
Railroad tracks to the junction with Lake Superior at Taconite Harbor; 
thence northeasterly along the North Shore of Lake Superior to the 
Canadian Border; thence westerly along the Canadian Border to the point 
of beginning in Rainy Lake.
    (ii) Zone 2--1,856 square miles. Beginning at the intersection of 
the Erie Mining Co. Railroad and State Highway 1 (Murphy City); thence 
southeasterly on State Highway 1 to the junction with County Road 4; 
thence southwesterly on County Road 4 to the State Snowmobile Trail 
(formerly the Alger-Smith Railroad); thence southwesterly to the 
intersection of the Old Railroad Grade and Reserve Mining Co. Railroad 
in Section 33 of Township 56 North, Range 9 West; thence northwesterly 
along the Railroad to Forest Road 107; thence westerly along Forest 
Road 107 to Forest Road 203; thence westerly along Forest Road 203 to 
the junction with County Route 2; thence in a northerly direction on 
County Route 2 to the junction with Forest Road 122; thence in a 
westerly direction along Forest Road 122 to the junction with the 
Duluth, Missable and Iron Range Railroad; thence in a southwesterly 
direction along the said railroad tracks to the junction with County 
Route 14; thence in a northwesterly direction along County Route 14 to 
the junction with County Route 55; thence in a westerly direction along 
County Route 55 to the junction with County Route 44; thence in a 
southerly direction along County Route 44 to the junction with County 
Route 266; thence in a southeasterly direction along County Route 266 
and subsequently in a westerly direction to the junction with County 
Road 44; thence in a northerly direction on County Road 44 to the 
junction with Township Road 2815; thence westerly along Township Road 
2815 to Alden Lake; thence northwesterly across Alden Lake to the inlet 
of the Cloquet River; thence northerly along the Cloquet River to the 
junction with Carrol Trail-State Forestry Road; thence west along the 
Carrol Trail to the junction with County Route 4 and County Route 49; 
thence west along County Route 49 to the junction with the Duluth, 
Winnipeg and Pacific Railroad; thence in a northerly direction along 
said Railroad to the junction with the Whiteface River; thence in a 
northeasterly direction along the Whiteface River to the Whiteface 
Reservoir; thence along the western shore of the Whiteface Reservoir to 
the junction with County Route 340; thence north along County Route 340 
to the junction with County Route 16; thence east along County Route 16 
to the junction with County Route 346; thence in a northerly direction 
along County Route 346 to the junction with County Route 569; thence 
along County Route 569 to the junction with County Route 565; thence in 
a westerly direction along County Route 565 to the junction with County 
Route 110; thence in a westerly direction along County Route 110 to the 
junction with County Route 100; thence in a north and subsequent west 
direction along County Route 100 to the junction with State Highway 
135; thence in a northerly direction along State Highway 135 to the 
junction with State Highway 169 at Tower; thence in an easterly 
direction along the southern boundary of Zone 1 to the point of 
beginning of Zone 2 at the junction of the Erie Railroad Tracks and 
State Highway 1.
    (iii) Zone 3--3,501 square miles. Beginning at the junction of 
State Highway 11 and State Highway 65; thence southeasterly along State 
Highway 65 to the junction with State Highway 1; thence westerly along 
State Highway 1 to the junction with State Highway 72; thence north 
along State Highway 72 to the junction with an un-numbered township 
road beginning in the northeast corner of Section 25, Township 155 
North, Range 31 West; thence westerly along the said road for 
approximately seven (7) miles to the junction with SFR 95: thence 
westerly along SFR 95 and continuing west through the southern boundary 
of Sections 36 through 31, Township 155 North, Range 33 West, through 
Sections 36 through 31, Township 155 North, Range 34 West, through 
Sections 36 through 31, Township 155 North, Range 35 West, through 
Sections 36 and 35, Township 155 North, Range 36 West to the junction 
with State Highway 89, thence northwesterly along State Highway 89 to 
the junction with County Route 44; thence northerly along County Route 
44 to the junction with County Route 704; thence northerly along County 
704 to the junction with SFR 49; thence northerly along SFR 49 to the 
junction with SFR 57; thence easterly along SFR 57 to the junction with 
SFR 63: thence south along SFR 63 to the junction with SFR 70; thence 
easterly along SFR 70 to the junction with County Route 87; thence 
easterly along County Route 87 to the junction with County Route 1; 
thence south along County Route 1 to the junction with County Route 16; 
thence easterly along County Route 16 to the junction with State 
Highway 72; thence south on State Highway 72 to the junction with a 
gravel road (un-numbered County District Road) on the north side of 
Section 31, Township 158 North, Range

[[Page 47487]]

30 West; thence east on said District Road to the junction with SFR 62; 
thence easterly on SFR 62 to the junction with SFR 175; thence south on 
SFR 175 to the junction with County Route 101; thence easterly on 
County Route 101 to the junction with County Route 11; thence easterly 
on County Route 11 to the junction with State Highway 11; thence 
easterly on State Highway 11 to the junction with State Highway 65, the 
point of beginning.
    (iv) Zone 4--20,883 square miles. Excluding Zones 1, 2 and 3, all 
that part of Minnesota north and east of a line beginning on State 
Trunk Highway 48 at the eastern boundary of the State; thence westerly 
along Highway 48 to Interstate Highway 35; thence northerly on I-35 to 
State Highway 23, thence west one-half mile on Highway 23 to State 
Trunk Highway 18; thence westerly along Highway 18 to State Trunk 
Highway 65, thence northerly on Highway 65 to State Trunk Highway 210; 
thence westerly along Highway 210 to State Trunk Highway 6; thence 
northerly on State Trunk Highway 6 to Emily; thence westerly along 
County State Aid Highway (CSAH) 1, Crow Wing County, to CSAH 2, Cass 
County; thence westerly along CSAH 2 to Pine River; thence 
northwesterly along State Trunk Highway 371 to Backus; thence westerly 
along State Trunk Highway 87 to U.S. Highway 71; thence northerly along 
U.S. 71 to State Trunk Highway 200; thence northwesterly along Highway 
200, to County State Aid Highway (CSAH) 2, Clearwater County; thence 
northerly along CSAH 2 to Shevlin; thence along U.S. Highway 2 to 
Bagley; thence northerly along State Trunk Highway 92 to Gully; thence 
northerly along CSAH 2, Polk County, to CSAH 27, Pennington County; 
thence along CSAH 27 to State Trunk Highway 1; thence easterly on 
Highway 1 to CSAH 28, Pennington County; thence northerly along CSAH 28 
to CSAH 54, Marshall County, thence northerly along CSAH 54 to Grygla; 
thence west and northerly along Highway 89 to Roseau; thence northerly 
along State Truck Highway 310 to the Canadian border.
    (v) Zone 5--54,603 square miles. All that part of Minnesota south 
and west of the line described as the south and west border of Zone 4.
    (vi) Map of regulatory zones follows:
    [GRAPHIC] [TIFF OMITTED] TR16SE09.006
    
    (2) Prohibitions. The following prohibitions apply to the gray wolf 
in Minnesota.
    (i) Taking. Except as provided in this paragraph (d)(2)(i) of this 
section, no person may take a gray wolf in Minnesota.
    (A) Any person may take a gray wolf in Minnesota in defense of his 
own life or the lives of others.
    (B) Any employee or agent of the Service, any other Federal land 
management agency, or the Minnesota Department of Natural Resources, 
who is designated by his/her agency for such purposes, may, when acting 
in the course of his or her official duties, take a gray wolf in 
Minnesota without a permit if such action is necessary to:
    (1) Aid a sick, injured or orphaned specimen; or
    (2) Dispose of a dead specimen; or

[[Page 47488]]

    (3) Salvage a dead specimen that may be useful for scientific 
study.
    (4) Designated employees or agents of the Service or the Minnesota 
Department of Natural Resources may take a gray wolf without a permit 
in Minnesota, in zones 2, 3, 4, and 5, as delineated in paragraph 
(d)(l) of this section, in response to depredations by a gray wolf on 
lawfully present domestic animals: Provided, that such taking must 
occur within one-half mile of the place where such depredation occurred 
and must be performed in a humane manner: And provided further, that 
any young of the year taken on or before August 1 of that year must be 
released.
    (C) Any employee or agent of the Service or the Minnesota 
Department of Natural Resources, when operating under a Cooperative 
Agreement with the Service signed in accordance with section 6(c) of 
the Endangered Species Act of 1973, who is designated by the Service or 
the Minnesota Department of Natural Resources for such purposes, may, 
when acting in the course of his or her official duties, take a gray 
wolf in Minnesota to carry out scientific research or conservation 
programs.
    (ii) Export and commercial transactions. Except as may be 
authorized by a permit issued under Sec.  17.32, no person may sell or 
offer for sale in interstate commerce, import or export, or in the 
course of a commercial activity transport, ship, carry, deliver, or 
receive any Minnesota gray wolf.
    (iii) Unlawfully taken wolves. No person may possess, sell, 
deliver, carry, transport, or ship, by any means whatsoever, a gray 
wolf taken unlawfully in Minnesota, except that an employee or agent of 
the Service, or any other Federal land management agency, or the 
Minnesota Department of Natural Resources, who is designated by his/her 
agency for such purposes, may, when acting in the course of his 
official duties, possess, deliver, carry, transport, or ship a gray 
wolf taken unlawfully in Minnesota.
    (3) Permits. All permits available under Sec.  17.32 (General 
Permits--Threatened Wildlife) are available with regard to the gray 
wolf in Minnesota. All the terms and provisions of Sec.  17.32 apply to 
such permits issued under the authority of this paragraph (d)(3).

0
4. Amend paragraph (a) of Sec.  17.95 by adding an entry for ``Gray 
Wolf (Canis lupus)'' in the same alphabetical order as this species 
appears in the table in Sec.  17.11(h) to read as set forth below:


Sec.  17.95  Critical habitat--fish and wildlife.

    (a) Mammals.
* * * * *
    Gray Wolf (Canis lupus)
    Michigan. Isle Royale National Park.
    Minnesota. Areas of land, water, and airspace in Beltrami, Cook, 
Itasca, Koochiching, Lake, Lake of the Woods, Roseau, and St. Louis 
Counties, with boundaries (4th and 5th Principal meridians) identical 
to those of zones 1, 2, and 3, as delineated in 50 CFR 17.40(d)(l).
* * * * *

    Dated: August 31, 2009.
Sam D. Hamilton,
Director, Fish and Wildlife Service.
[FR Doc. E9-22256 Filed 9-15-09; 8:45 am]
BILLING CODE 4310-55-P