Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46709

requirements with a site restriction of

4.6 kilometers (2.9 miles) west in order

to avoid a short-spacing conflict with

the licensed operation of Station WMJJ–

FM, Channel 243C, Birmingham,

Alabama. The coordinates for Channel

244A at Macon are 33–07–25 NL and

88–36–34 WL.

DATES: Comments must be filed on or

before October 20, 1997, and reply

comments on or before November 4,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Ruben C. Hughes, President,

Team Broadcasting Company, Inc., 561

Golden Avenue, Mobile, Alabama 36617

(Petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–188, adopted August 20, 1997, and

released August 29, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, DC 20037.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–23439 Filed 9–3–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition to List the Alexander

Archipelago Wolf as Threatened and to

Designate Critical Habitat

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: The Fish and Wildlife Service

(Service) announces a 12-month finding

for a petition to list the Alexander

Archipelago wolf (Canis lupus ligoni)

under the Endangered Species Act of

1973, as amended. After review of all

available scientific and commercial

information, the Service finds that

listing the Alexander Archipelago wolf

as threatened is not warranted.

DATES: The finding announced in this

document was made on August 28,

1997.

ADDRESSES: Data, information,

comments, or questions concerning this

petition should be sent to the Field

Supervisor, U.S. Fish and Wildlife

Service, Ecological Services Field

Office, 3000 Vintage Blvd., Suite 201,

Juneau, Alaska 99801–7100. The

petition finding, supporting data, and

comments are available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: John

Lindell, Fish and Wildlife Biologist, at

the above address, or by calling 907/

586–7240.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Endangered

Species Act of 1973, as amended (16

U.S.C. 1531 et seq.), requires that, for

any petition to revise the Lists of

Endangered and Threatened Wildlife

and Plants that contains substantial

scientific and commercial information,

the Service make a finding on whether

the petitioned action is (a) not

warranted, (b) warranted, or (c)

warranted but precluded from

immediate proposal by other pending

proposals of higher priority.

On December 17, 1993, the Service

received a petition to list the Alexander

Archipelago wolf as threatened under

the Act from the Biodiversity Legal

Foundation, Eric Holle, and Martin

Berghoffen. On May 20, 1994, the

Service announced a 90-day finding (59

FR 26476) that the petition presented

substantial information indicating that

the requested action may be warranted

and opened a public comment period

until October 1, 1994 (59 FR 26476 and

59 FR 44122). The Service issued its 12-

month finding that listing the Alexander

Archipelago wolf was not warranted on

February 23, 1995 (60 FR 10056).

On February 7, 1996, the Southwest

Center for Biological Diversity,

Biodiversity Legal Foundation, Save the

West, Save America’s Forests, Native

Forest Network, Native Forest Council,

Eric Holle, Martin Berghoffen, and Don

Muller filed suit in the United States

Court for the District of Columbia

challenging the Service’s not warranted

finding. On October 9, 1996, the United

States District Court remanded the 12-

month finding to the Secretary of the

Interior, instructing him to reconsider

the determination ‘‘on the basis of the

current forest plan, and status of the

wolf and its habitat, as they stand

today’’ (96 CV 00227 DDC).

On December 5, 1996, a public

comment period was opened by the

Service (61 FR 64497). It was extended

until April 4, 1997, through three

subsequent notices (61 FR 69065; 62 FR

6930; and 62 FR 14662). Prior to a final

determination, however, the Forest

Service issued the Tongass Land

Management Plan Revision, which

superseded the 1979 version of the plan.

In keeping with the United States

District Court’s order that a finding be

based upon the ‘‘current forest plan,’’

the District Court granted an extension

until August 31, 1997, so that the

petitioners, the public, and the Service

could reconsider the status of the

Alexander Archipelago wolf under the

revised Tongass Land Management

Plan. Therefore, the Service reopened

the public comment period from June

12, 1997, to July 28, 1997 (62 FR 32070).

The Service has reevaluated the

petition and the literature cited in the

petition, reviewed other available

literature and information, and

consulted with biologists and

researchers familiar with gray wolves in

general, and the Alexander Archipelago

wolf in particular. The 1997 revised

Tongass National Forest Land

Management Plan formed the basis for

evaluating the status of the wolf on the

Tongass National Forest. On the basis of

the best scientific and commercial

information available, the Service finds

that listing the Alexander Archipelago

wolf as threatened is not warranted.

The taxonomic status of wolves in

southeast Alaska, commonly referred to

as Alexander Archipelago wolves, is

uncertain. Nevertheless, the Service

believes that there is persuasive support
46710 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

in the record for treating southeast

Alaska wolves as a distinct subspecies,

Canis lupus ligoni, and, therefore,

believes that it is reasonable to review

the status of wolves in southeastern

Alaska as a listable entity under the

Endangered Species Act.

The Alexander Archipelago wolf

occurs on the mainland in southeast

Alaska from Dixon Entrance to Yakutat

Bay and on all the major islands in the

Alexander Archipelago except

Admiralty, Baranof and Chichagof

islands. Wolves in southeast Alaska are

relatively isolated by the Pacific Ocean

and the Coast Mountain Range. Six

rivers or passes penetrate the Coastal

Mountains and may allow some

interchange between wolves in

southeast Alaska and those in British

Columbia, Canada. Wolves in Alaska

and coastal British Columbia may also

interchange along the coastal mainland;

however, the amount of interchange

between Alaska and British Columbia

wolves has not been studied.

The current population of Alexander

Archipelago wolves is thought to be

stable at moderate to high densities. The

population size of wolves in southeast

Alaska is not known with certainty but

probably numbers between 750 and

1,500 individuals. About 67 percent of

the population is estimated to live on

the islands in the central and southern

portion of the archipelago.

Potential threats to the species’

persistence include human-caused

mortality, disease, loss of prey as a

result of timber harvest, and loss of prey

as the result of severe winter weather.

Results from a recent scientific study

indicate that hunting and trapping of

wolves may have exceeded sustainable

levels on Prince of Wales and Kosciusko

Islands, Alaska. In response to that

study, the Alaska Board of Game and

the Federal Subsistence Board revised

hunting and trapping regulations in

southeast Alaska to limit annual wolf

harvest to acceptable levels.

Canine diseases have been

documented in other North American

wolf populations. Evidence from these

other populations indicates that

although disease may cause mortality, it

is unlikely to have an effect on the

population of Alexander Archipelago

wolves.

The Service considers potential loss

of prey the most serious threat. Wolves

are capable of exploiting a variety of

ungulate and nonungulate prey. Within

the major island groups in southeast

Alaska, where wolves are most

abundant and logging is most prevalent,

Sitka black-tailed deer and, to a lesser

extent, beaver are the most commonly

used prey. On the mainland, goats are

the most commonly used ungulate prey.

Moose and elk have very limited

distributions in southeast Alaska and

are probably used where available.

Logging on the Tongass National

Forest has been concentrated in high

volume forests since industrial scale

logging began in 1955. These forests are

important winter habitat for deer

because the multilayered canopies

intercept snow and allow deer access to

highly nutritious forage that is not

available in most clearcuts and secondgrowth forests. Much of the harvest has

occurred within the major island groups

and adjacent mainland occupied by

wolves. The projected logging of old

growth in southeast Alaska will result in

a decline of deer in southeast Alaska.

Effects of logging will be particularly

evident during winters with heavy snow

that persists on the forest floor for long

periods of time. Because wolves are

inextricably tied to their prey, declines

in deer are expected to eventually result

in declines of wolves.

Despite the anticipated population

decline, the Service believes that wolves

in southeast Alaska will not be in

danger of extinction within the

foreseeable future because we expect the

population decline to stop at an

acceptable level. Additionally, wolves

are known to persist at low numbers in

healthy populations and to be resilient

to the activities of man because of their

high reproductive rate and high

dispersal capability. The Service,

therefore, concludes that the Alexander

Archipelago wolf is unlikely to become

endangered throughout all or a

significant portion of its range in the

foreseeable future.

Authors: The primary authors of this

document are Teresa Woods, Fish and

Wildlife Biologist, 907/786–3505, and

Tony DeGange, Fish and Wildlife

Biologist, 907/786–3492, of the Fish and

Wildlife Service, Alaska Regional

Office.

Authority

The authority for this section is the

Endangered Species Act (16 U.S.C. 1531

et seq.).

Dated: August 28, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–23501 Filed 9–3–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition To List the Queen Charlotte

Goshawk as Endangered and To

Designate Critical Habitat

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: The Fish and Wildlife Service

(Service) announces a 12-month finding

for a petition to list the Queen Charlotte

goshawk (Accipiter gentilis laingi) under

the Endangered Species Act of 1973, as

amended. After review of all available

scientific and commercial information,

the Service finds that listing this

subspecies as endangered or threatened

is not warranted.

DATES: The finding announced in this

document was made on August 28,

1997.

ADDRESSES: Data, information,

comments, or questions concerning this

petition should be sent to the Field

Supervisor, U.S. Fish and Wildlife

Service, Ecological Services Field

Office, 3000 Vintage Blvd., Suite 201,

Juneau, Alaska 99801–7100. The

petition finding, supporting data, and

comments are available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: John

Lindell, Fish and Wildlife Biologist, at

the above address, or by calling 907/

586–7240.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Endangered

Species Act of 1973, as amended (16

U.S.C. 1531 et seq.), requires that, for

any petition to revise the Lists of

Endangered and Threatened Wildlife

and Plants that contains substantial

scientific and commercial information,

the Service make a finding on whether

the petitioned action is (a) not

warranted, (b) warranted, or (c)

warranted but precluded from

immediate proposal by other pending

proposals of higher priority.

On May 9, 1994, the Fish and Wildlife

Service received a petition dated May 2,

1994, from the Southwest Center for

Biological Diversity, Greater Gila

Biodiversity Project, Biodiversity Legal

Foundation, Greater Ecosystem

Alliance, Save the West, Save America’s