[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Proposed Rules]
[Pages 65237-65240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32440]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE45


Endangered and Threatened Wildlife and Plants; Proposed Revision 
of Special Regulations for the Gray Wolf

AGENCY: Fish and Wildlife Service, Interior.


[[Page 65238]]


ACTION: Proposed rule.

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SUMMARY: On November 22, 1994, the U.S. Fish and Wildlife Service 
published special rules to establish nonessential experimental 
populations of gray wolves (Canis lupus) in Yellowstone National Park 
and central Idaho. The nonessential experimental population areas 
include all of Wyoming, most of Idaho, and much of central and southern 
Montana. A close reading of the special regulations indicates that, 
unintentionally, the language reads as though wolf control measures 
apply only outside of the experimental population area. This proposed 
revision is intended to amend language in the special regulations so 
that it clearly applies within the Yellowstone nonessential 
experimental population area and the central Idaho nonessential 
experimental population area. This proposed change will not affect any 
of the assumptions and earlier analysis made in the environmental 
impact statement or other portions of the special rules.

DATES: Comments must be received by January 12, 1998.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Gray Wolf Recovery Program, U.S. Fish and Wildlife Service, 
100 North Park, Suite 320, Helena, Montana 59601. Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Edward E. Bangs, Wolf Recovery 
Coordinator, at the above address, or telephone (406) 449-5202, 
extension 204.

SUPPLEMENTARY INFORMATION:

Background

    1. Legal: The Endangered Species Act Amendments of 1982, Public Law 
97-304, made significant changes to the Endangered Species Act (Act) of 
1973, as amended (16 U.S.C. 1531 et seq.), including the creation of 
section 10(j) which provides for the designation of populations as 
``experimental.'' It was under this provision of the Act that on 
November 22, 1994, the Service by special rule established two areas 
for nonessential experimental populations of gray wolves (59 FR 60252 
and 60266; 50 CFR 17.84(i)). One area was the Yellowstone National Park 
experimental population area which included all of Wyoming, and parts 
of Montana, and Idaho. The other area, called the central Idaho 
experimental population area, included much of Idaho and parts of 
southwestern Montana. These rules allowed the Service and other 
cooperating agencies to manage wolf recovery so that conflicts with 
people were minimized. Under certain circumstances the rules allowed 
for wolves to be captured, relocated, held in captivity, or killed. 
Subparts A, B, and C 50 CFR 17.84 (i)(7)(iii) addressed the management 
of reintroduced wolves that traveled outside the experimental areas or 
wolves of unknown status outside the experimental population. Subpart D 
in 50 CFR 17.84 (i)(7)(iii) D, addressed the management of wolves and 
wolf-like canids of unknown but questionable status. Examples given 
under 50 CFR 17.84 (I)(7)(iii) D include wolves or wolf-like canids 
that exhibited behavioral or physical evidence of hybridization with 
other canids, or wolf-like canids that may have been raised or held in 
captivity other than as part of a Service approved wolf recovery 
program. The rule in 50 CFR 17.84 (i)(7)(iii) is currently worded as 
follows:
    All wolves found in the wild within the boundaries of this 
paragraph (50 CFR 17.84 (i)(7)) after the first releases will be 
considered nonessential experimental animals. In the conterminous 
United States, a wolf that is outside an experimental area (as defined 
in 50 CFR 17.84 (i)(7) of this section) would be considered as 
endangered (or threatened if in Minnesota) 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 to be an experimental wolf, it will be returned to the 
reintroduction area.
    (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 likely 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 will be returned to captivity or killed.
    The rule in 50 CFR 17.84(i)(7)(iii) was intended to allow the 
Service, or agencies designated by the Service, management flexibility 
should experimental wolves travel outside the experimental population 
areas, and the ability to (1) manage wolves of unknown origin, (2) 
manage wolves that exhibit abnormal behavior or physical 
characteristics (indicative of hybridization with other canids), and 
(3) manage canids suspected of being raised in captivity and released 
to the wild independently of the Service wolf recovery program. 
Furthermore, subpart D was intended to allow for management of those 
rare instances where an individual wild wolf may exhibit abnormal 
behavior that is not conducive to the recovery and conservation of wild 
gray wolf populations in the northern Rocky Mountains of Montana, 
Idaho, and Wyoming. The section was intended to enhance the survival 
and reproductive potential of wild wolves and to remove canids that 
could have a negative impact on the survival and reproductive potential 
of wild wolves.
    Through an unintentional oversight in the wording in 50 CFR 17.84 
(i)(7)(iii) subpart D appears to apply only to activities conducted 
outside the experimental population area. This revision is being 
proposed to correct that oversight and clarify that management of wild 
wolves and wolf-like canids that exhibit abnormal behavior, wolf 
hybrids, or wolves that may have been raised in captivity, also applies 
within each experimental area.
    2. Biological: This proposed revision of the special regulations is 
intended to clarify that the management flexibility addressed by 50 CFR 
17.84 (i)(7)(iii) subpart D applies to wolves of questionable status or 
wolf-like canids within the nonessential experimental population areas. 
As currently written the special regulations could be interpreted to 
imply that wolf hybrids or captive wolves that were not part of a 
Service-approved recovery program but that escaped or were released to 
the wild within the experimental area, would be managed in a manner 
identical to wild wolves within the experimental population area. 
Wolves or wolf-like canids that are raised in captivity and released in 
the wild do not behave like wild wolves. They often associate with 
people or domestic livestock, raising concerns about human safety and 
depredations on domestic animals. These types of canids also often 
cause problems by attacking domestic animals because they usually are 
not able to survive entirely in the wild. While they have some of the

[[Page 65239]]

predatory instincts of wild canids, they are most comfortable around 
people. They are likely to be dependent on humans for food and this 
increases the probability that they may attack domestic animals since 
domestic animals are the most common types of animals near people. The 
tolerance of captive raised and released canids for people also 
contributes to the perception that human safety may be in danger from 
wild wolves. There are numerous documented instances of domesticated 
wolves and wolf hybrids attacking and killing people. Although 
unlikely, captive wolves or wolf hybrids associating with wild wolves 
could teach young wolves or any hybrid offspring these undesirable 
traits. For these reasons wolves exhibiting the characteristics 
described above do not contribute to the recovery of wild gray wolf 
populations in the northern Rocky Mountains.
    When local residents believe wild wolves behave like captive wolves 
or wolf hybrids, public tolerance for wild wolves is likely reduced. 
This can lead to illegal killing of wolves. It was not the intent of 
the wolf recovery program to protect or manage captive wolves or wolf 
hybrids that were not part of a Service approved recovery program. 
Those types of canids will not contribute to the conservation and 
recovery of wild gray wolves. The Service intends to manage such canids 
when necessary, to resolve potential conflicts with humans and to 
minimize the likelihood that undesirable genetic or behavioral 
characteristics could be passed on by such animals to wild wolves 
within the experimental population areas.
    Captive wolves that have not been specifically raised for release 
into the wild, or wolf hybrids, can also carry diseases or parasites 
that are common in domestic dogs. If released into the wild, such 
animals can transmit those diseases or parasites to wild gray wolves as 
well as other wildlife species. Current DNA and other types of testing 
can not reliably distinguish wild wolves from wolves raised in 
captivity or from wolf hybrids. Because captive wolves and wolf hybrids 
may look identical to wild wolves, they can often only be reliably 
distinguished from wild wolves by their behavior in the wild. Their 
presence can often confuse the public about what behavior to expect 
from wild wolves, reduce local human tolerance of wild wolves and lead 
to an increase in human related wolf mortality. Local tolerance of 
wolves is important for wolf recovery and conservation since a majority 
of wolf mortality in Montana is caused by humans.
    The presence and management of wolves or wolf-like canids that are 
not part of an approved recovery program may result in substantial 
expense and thereby compete for limited gray wolf recovery program 
resources, particularly if their management requires the same level of 
effort as that afforded to wild wolves. Because wolf hybrids and 
captive wolves released into the wild can demand considerable 
management time and attention at the expense of wild wolf conservation, 
prompt control of these animals is essential. The selective removal 
from the wild of captive raised and released wolves, wolf hybrids, and/
or wolf-like canids exhibiting behavior considered abnormal for wild 
gray wolves furthers the conservation and recovery of the gray wolf by 
minimizing the probability of unresolved conflicts with humans.
    Wild wolves were taken from the wild in remote areas of Canada and 
reintroduced in January of 1995 and 1996 to the Yellowstone and central 
Idaho experimental population areas and have adapted much better than 
predicted. As expected, they continue to behave like wild wolves. If 
current trends continue, it is unlikely that further reintroductions in 
the experimental population areas will be required. All the wolves that 
were reintroduced were radio-collared and monitored by means of radio-
telemetry, and a number these wolves have successfully reproduced in 
the wild. Current plans do not call for all of the pups to be 
individually captured and radio-collared. As the population grows, 
there will be an increasing number of wolves that have not been marked 
and it will not be possible to determine where most of these wolves 
originated. It is also estimated that there may be up to 300,000 
captive wolves and wolf/dog hybrids (which in many cases are physically 
and genetically indistinguishable from wild wolves) in North America. 
Therefore, the special regulations for establishment of nonessential 
experimental populations of gray wolves need to clearly address the 
manner in which wolves, whose origin is unknown or wolves that exhibit 
abnormal behavior will be managed in the wild when conflicts develop.
    In several areas of the northern Rocky Mountains, wolf-like canids 
have been identified through their behavior or physical characteristics 
as released or escaped wolves that were not part of Service approved 
programs or wolf hybrids of captive origin. Such animals usually do not 
survive in the wild long enough to successfully reproduce and raise 
young. In several instances these animals have been removed from the 
wild because they have become a nuisance or potential human or domestic 
animal safety concerns arose.
    All wolves, including wild ones, are individuals, and some wild 
wolves may exhibit abnormal or other behavior that is inconsistent with 
the continued survival, reproduction, and recovery of wild gray wolf 
populations. For example, some individual wolves may attack livestock 
or domestic pets. The Service recognizes that such individuals must be 
managed (through removal to another location or placement in captivity, 
or lethal means) to minimize chronic conflicts with domestic animals if 
local people are expected to continue to tolerate the presence of a 
resident wolf population. The Service has determined that removal of 
such individuals furthers the conservation and recovery of the wild 
gray wolf population. In a similar although extremely rare situation, 
individual wolves may on occasion exhibit behaviors that are 
uncharacteristic of those normally observed in wild wolves. Although 
highly unlikely, it is possible that a wild wolf may demonstrate 
physical or behavioral evidence of hybridization with other canids, 
such as domestic dogs or coyotes. It also is possible that an 
individual wolf may become a nuisance, or pose a potential risk to 
people or livestock because of habituation to food sources, human and 
domestic animal companionship, or other factors. The Service intended 
that 50 CFR 17.84(i)(7)(iii) subpart D allow for the management and/or 
removal of all such individuals within the nonessential experimental 
population areas for the benefit and conservation of the wild gray wolf 
populations.

Location of the Experimental Population

    The Yellowstone experimental population area includes the State of 
Wyoming, that portion of Idaho east of Interstate Highway 15, and the 
State of Montana east of Interstate Highway 15 and south of the 
Missouri River east of Great Falls, Montana, to the Montana/North 
Dakota border.
    The central Idaho experimental population area includes that 
portion of Idaho west of Interstate 15 and south of Interstate 90, and 
that portion of Montana south of Interstate 90, Highway 93 and 12 near 
Missoula, Montana, and west of Interstate 15.

Management

    Management of wild wolves would not change from that established by 
the special rules, except in those rare instances when a wild wolf 
exhibits

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abnormal behavior. This proposed revision would apply 50 CFR 
17.84(i)(7)(iii) subpart D within the experimental population areas, 
which would further the conservation and recovery of wild gray wolves 
in the northern Rocky Mountains of the United States. The rule in 50 
CFR 17.8e(i)(7)(iii) would apply to all wolves and wolf-like canids 
found within and adjacent to the experimental population areas in 
Montana, Idaho, and Wyoming.

National Environmental Policy Act

    This proposed revision does not significantly change the special 
regulations or the effect of the special regulations on the human 
environment. An environmental action statement has been prepared that 
determined the proposed revision is a categorical exclusion as provided 
by 516 DM 2, Appendix 1 and 516 DM 6, Appendix 1. No further NEPA 
documentation will therefore be made.

Required Determinations

    This is not a significant rule subject to Office of Management and 
Budget review under Executive Order 12866. The Department of the 
Interior certifies that this document will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The proposed 
revision is purely technical in nature and intended to correct a 
technical oversight in the rule originally adopted in 1994; it will not 
increase or alter the effects brought by the original rule. The Service 
has determined and certifies pursuant to the Unfunded Mandates Act, 2 
U.S.C. 1502 et seq., that this rulemaking will not impose a cost of 
$100 million or more in any given year on local or State governments or 
private entities. The Department has determined that this proposed 
regulation meets the applicable standards provided in sections 3(a) and 
3(b)(2) of Executive order 12988.
    Author: The principle author of this rule is Edward E. Bangs (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
record keeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:

PART 17--[AMENDED]

    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; Public Law No. 99-625, 100 Statute 3500; unless otherwise 
noted.

    2. Revise Sec. 17.84(i)(7)(iii) to read as follows:


Sec. 17.84  Special rules--vertebrates.

* * * * *
    (i) * * *
    (7) * * *
    (iii) All wolves found in the wild within the boundaries of this 
paragraph (i)(7) after the first releases 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 be considered as endangered (or 
threatened if in Minnesota) unless it is marked or otherwise known to 
be an experimental animal. Wolves in the wild may be selectively 
captured, removed, or killed for examination and genetic testing by the 
Service or Service designated agency. Disposition of such wolves 
outside the experimental areas and in the case of subpart D, those both 
outside of and within the experimental population areas, may take any 
of the following courses:
    (A) If the animal was not involved in conflicts with humans and is 
determined likely to be a wild experimental wolf, it will be returned 
to the reintroduction area.
    (B) If the animal is determined likely to be a wild 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 a wild 
experimental wolf, 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 likely to be a wild gray wolf 
or if the Service or agencies designated by the Service determine that 
any wild wolf exhibits abnormal behavior or that any wolf or wolf-like 
canid shows physical or behavioral evidence of hybridization with other 
canids, such as domestic dogs or coyotes, or of being an animal raised 
in captivity other than as part of a Service-approved wolf recovery 
program, it will be killed, or placed in captivity.
* * * * *

    Dated: November 13, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-32440 Filed 12-8-97; 3:42 pm]
BILLING CODE 4310-55-P