9218 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

number of lithium cells or batteries 

contained in a package and whether a 

package contains lithium ion or lithium 

metal cells or batteries, as required by 

§ 173.185(c)(3), does not currently exist 

in any format that the retail sector can 

access and utilize. In addition the 

requestors state that tens of thousands of 

consumer products may be impacted by 

the rule, and estimate that to date, the 

necessary information has been 

obtained from retail suppliers for less 

than 25% of the affected products. 

Furthermore, they relate that since 

August 2014, retail businesses and their 

suppliers have been working diligently 

to develop information technology (IT) 

systems and business processes to 

identify consumer products impacted by 

the regulation. Systematic solutions are 

being developed but will take additional 

time to implement. They estimate that a 

minimum of six additional months is 

necessary to identify all affected 

products and build the IT infrastructure 

necessary to effectively implement the 

regulations. Finally, the commenters 

point out that the new provisions 

require the developing, tracking, and 

implementing of training programs for 

hundreds of thousands of employees to 

enable them to execute the nuanced 

marking and labeling requirements of 

the final rule. 

PHMSA appreciates the additional 

information submitted and has reviewed 

the information in conjunction with the 

information considered during the 

rulemaking process. Based on this 

review, PHMSA believes the additional 

arguments and justification provided by 

the commenters have merit and that an 

extension of the mandatory compliance 

date for modes of transportation other 

than aircraft is warranted. PHMSA 

recognizes that the primary focus of the 

HM–224F final rulemaking as outlined 

in published notices preceding the final 

rule was to align the requirements of the 

HMR for air transportation of lithium 

batteries with those of the ICAO 

Technical Instructions. PHMSA believes 

that maintaining the February 6, 2015 

compliance date for air transport is 

appropriate and important for aviation 

safety and is therefore maintaining the 

February 6, 2015 effective date for 

offering, acceptance, and transportation 

by aircraft. Therefore, in consultation 

with the FAA and consistent with the 

information set forth in the joint 

request, this extension does not apply to 

transportation by aircraft. In the event 

an air carrier becomes aware of a noncompliant shipment offered to it, the air 

carrier should report the incident to the 

FAA in addition to taking specific 

actions required by the regulations as to 

that shipment. For questions regarding 

reporting of such incidents, carriers may 

contact the nearest FAA Regional or 

Field Security Office by telephone or 

electronically. 

In summary, in response to 

commenters’ requests PHMSA is 

extending the mandatory compliance 

date for the final rule published under 

Docket No. HM–224F on August 6, 

2014, until August 7, 2015 for all modes 

other than transportation by aircraft to 

allow additional time to implement the 

requirements of the rule. The mandatory 

compliance date of February 6, 2015 

remains in effect with respect to 

offering, acceptance and transportation 

by aircraft. 

Issued in Washington, DC, on February 13, 

2015 under authority delegated in 49 CFR 

1.97. 

Timothy P. Butters, 

Acting Administrator. 

[FR Doc. 2015–03500 Filed 2–19–15; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2014–0059; 

FXES11130900000C2–156–FF09E42000] 

RIN 1018–BA64 

Endangered and Threatened Wildlife 

and Plants; Reinstatement of Final 

Rules for the Gray Wolf in Wyoming 

and the Western Great Lakes in 

Compliance With Court Orders 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with court 

orders that reinstate the regulatory 

protections under the Endangered 

Species Act of 1973, as amended (ESA), 

for the gray wolf (Canis lupus) in 

Wyoming and the western Great Lakes. 

Pursuant to the U.S. District Court for 

the District of Columbia court order 

dated September 23, 2014, this rule 

reinstates the April 2, 2009 (74 FR 

15123), final rule regulating the gray 

wolf in the State of Wyoming as a 

nonessential experimental population. 

Gray wolves in Montana, Idaho, the 

eastern third of Washington and Oregon, 

and north-central Utah retain their 

delisted status and are not impacted by 

this final rule. In addition, pursuant to 

the U.S. District Court for the District of 

Columbia court order dated December 

19, 2014, this rule reinstates the March 

9, 1978 (43 FR 9607), final rule as it 

relates to gray wolves in the western 

Great Lakes including endangered status 

for 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; 

threatened status for gray wolves in 

Minnesota; critical habitat for gray 

wolves in Minnesota and Michigan; and 

the rule promulgated under section 4(d) 

of the ESA for gray wolves in 

Minnesota. 

DATES: This action is effective February 

20, 2015. The September 23, 2014, court 

order reinstated the April 2, 2009, final 

rule designating the gray wolf in 

Wyoming as a nonessential 

experimental population immediately 

upon its filing. The court order 

regarding wolves in the western Great 

Lakes had legal effect immediately upon 

its filing on December 19, 2014. The 

Director has further determined, 

pursuant to 5 U.S.C. 553(d), that the 

Service has good cause to make this rule 

effective upon publication. 

ADDRESSES: This final rule is available: 

• Electronically at http://

www.regulations.gov in Docket No. 

FWS–R6–ES–2014–0059; 

• From U.S. Fish and Wildlife 

Service, Mountain-Prairie Region Office, 

Ecological Services Division, 134 Union 

Blvd., Lakewood, CO 80228; telephone 

303–236–7400; or 

• From U.S. Fish and Wildlife 

Service, Midwest Region Office, 5600 

American Blvd. West, Suite 990, 

Bloomington, MN 55437; telephone 

612–713–5360. 

Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

FOR FURTHER INFORMATION CONTACT: For 

information on wolves in Wyoming, 

contact Mike Jimenez, Northern Rocky 

Mountains Gray Wolf Recovery 

Coordinator, U.S. Fish and Wildlife 

Service, P.O. Box 8135, Missoula, MT 

59807; by telephone 307–330–5631. For 

information on wolves in the western 

Great Lakes, contact Laura Ragan, 

Regional Listing Coordinator, U.S. Fish 

and Wildlife Service, 5600 American 

Blvd. West, Suite 990, Bloomington, MN 

55437; by telephone 612–713–5350. 

Individuals who are hearing-impaired or 

speech-impaired may call the Federal 

Relay Service at 800–877–8337 for TTY 

assistance. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9219 

Background 

On September 10, 2012, we published 

a final rule to remove the gray wolf in 

Wyoming from the Federal List of 

Endangered and Threatened Wildlife 

(77 FR 55530; ‘‘2012 delisting rule’’). 

Additional background information on 

the gray wolf in Wyoming and on this 

decision, including previous Federal 

actions, can be found in our 2012 

delisting rule. 

Lawsuits challenging our 2012 

delisting rule were filed. On September 

23, 2014, the U.S. District Court for the 

District of Columbia vacated and set 

aside our 2012 delisting rule (Defenders 

of Wildlife et al. v. Salazar, et al., and 

The Humane Society of the United 

States, et al., v. U.S. Fish and Wildlife 

Service, et al., 1:12–cv–01833–ABJ) and 

reinstated our April 2, 2009 (74 FR 

15123), final rule to govern management 

of gray wolves in Wyoming pursuant to 

the Endangered Species Act of 1973, as 

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

The decision reinstates Federal 

protections that were in place prior to 

our 2012 delisting rule. Therefore, gray 

wolves in Wyoming are once again 

classified as an experimental population 

(59 FR 60252, November 22, 1994; 70 

FR 1286, January 6, 2005; 73 FR 4720, 

January 28, 2008; 50 CFR 17.84(i) and 

(n)). Thus, take of wolves may be 

authorized only by one of these 

experimental population rules or by a 

permit obtained under section 10 of the 

ESA. 

As a result of the court’s decision, all 

of Wyoming except the Wind River 

Indian Reservation again operates under 

the 1994 nonessential experimental 

population rule (50 CFR 17.84(i)). The 

rule allows significant management 

flexibility, but does not allow the State 

to assume authority for wolf 

management. Thus, at present, the 

Service will continue to be the lead 

management agency for wolves 

throughout most of Wyoming. The Wind 

River Indian Reservation can again 

operate under the 2005 nonessential 

experimental population rule, as 

amended in 2008 (50 CFR 17.84(n)). 

Under the 2005 rule, States and Tribal 

entities can assume management 

authority over wolves if they obtain 

approved management plans from the 

Service and comply with all other 

applicable procedures. We notified all 

State, Federal, and Tribal partners of the 

court’s September 23, 2014, decision 

and its impact shortly after the court 

issued its order. The Service and the 

State of Wyoming also took steps, such 

as press releases and agency Web site 

postings, to ensure the public was aware 

of the court’s order. 

On December 28, 2011, we published 

a final rule to remove the gray wolf in 

the western Great Lakes from the 

Federal List of Endangered and 

Threatened Wildlife (76 FR 81666; 

‘‘2011 delisting rule’’). Additional 

background information on the gray 

wolf in the western Great Lakes and on 

this decision, including previous 

Federal actions, can be found in our 

2011 delisting rule. 

A lawsuit challenging the 2011 

delisting rule was filed on February 12, 

2013. On December 19, 2014, the U.S. 

District Court for the District of 

Columbia vacated and set aside our 

2011 delisting rule (The Humane 

Society of the United States, et al., v. 

Jewell, 2014 U.S. Dist. LEXIS 175846 

(D.D.C. Dec. 19, 2014) and reinstated the 

rule in effect prior to the 2011 delisting 

rule, namely, the rule regarding 

Reclassification of the Gray Wolf in the 

United States and Mexico, with 

Determination of Critical Habitat in 

Michigan and Minnesota (43 FR 9607; 

Mar. 9, 1978). 

The decision reinstates Federal 

protections that were in place prior to 

our 2011 delisting rule. Therefore, 

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 are once 

again classified as endangered, and 

wolves in Minnesota are once again 

classified as threatened. The decision 

also reinstates the formerly designated 

critical habitat at 50 CFR 17.95(a) for 

gray wolves in Minnesota and Michigan 

and the regulations promulgated under 

section 4(d) of the ESA at 50 CFR 

17.40(d) for the gray wolf in Minnesota. 

Thus, take of wolves in those areas may 

be authorized only by the section 4(d) 

rule for wolves in Minnesota or by a 

permit obtained under section 10 of the 

ESA. 

Administrative Procedure 

To comply with the September 23, 

2014, court order, we must reinstate our: 

• April 2, 2009, rule (74 FR 15123), 

and 

• Section 10(j) rules (59 FR 60252, 

November 22, 1994; 70 FR 1286, January 

6, 2005; 73 FR 4720, January 28, 2008; 

50 CFR 17.84(i) and (n)). 

To comply with the December 19, 

2014, court order, we must reinstate our: 

• March 9, 1978, rule (43 FR 9607), 

• Critical habitat designation for gray 

wolves in Minnesota and Michigan, and 

• Section 4(d) rule for gray wolves in 

Minnesota. 

Therefore, the Director has 

determined, pursuant to 5 U.S.C. 553(b), 

that prior notice and opportunity for 

public comment are impractical and 

unnecessary. 

Effects of the Rule 

Per the September 23, 2014 court 

order, any and all gray wolves in 

Wyoming are listed as a nonessential 

experimental population under section 

10(j) of the ESA (50 CFR 17.84(i) and 

(n)). These regulations are the same as 

those in the regulations that were 

removed per our 2012 delisting rule (77 

FR 55530). Although not required by the 

court, for consistency, we are placing 

the reinstated regulations at the specific 

paragraph designations they previously 

occupied in the Code of Federal 

Regulations prior to our issuance of the 

2012 delisting rule. In order to 

accommodate this placement, we are 

moving regulations governing the 

Topeka shiner (Notropis topeka =tristis) 

nonessential experimental population 

that were placed in § 17.84(n) via a final 

rule that published July 17, 2013 (78 FR 

42702); these regulations will now be 

located at § 17.84(d). This is purely an 

organizational action and has no effect 

on the implementation of any of the 

regulations. 

Per the December 19, 2014, court 

order, any and all 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 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 at 

50 CFR 17.95 designate critical habitat 

for gray wolves in Minnesota and 

Michigan, and the reinstated regulations 

at 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 2011 delisting 

rule (76 FR 81666). Although not 

required by the court, for consistency, 

we are placing the reinstated regulations 

at the specific paragraph designations 

they previously occupied in the Code of 

Federal Regulations prior to our 

issuance of the 2011 delisting rule. In 

order to accommodate this placement, 

we are moving regulations promulgated 

under section 4(d) of the ESA for the 

straight-horned markhor (Capra 

falconeri megaceros) that were placed at 

§ 17.40(d) via a final rule that published 

October 7, 2014 (79 FR 60365); these 

regulations will now be located at 

§ 17.40(n). This is purely an 

organizational action and has no effect 

on the implementation of any of the 

regulations. 


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9220 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

Because of previous rulemaking 

actions pertaining to gray wolves, the 

result of this recent court action is that 

gray wolves in all of 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 does not affect the status of 

gray wolves in Montana, Idaho, the 

eastern third of Washington and Oregon, 

and north-central Utah. Wolves in these 

areas retain their delisted status and 

will continue to be managed by the 

States. 

This rule does not affect the gray 

wolf’s Appendix II status under the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora (CITES). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

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] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; 4201–4245, unless otherwise noted. 

■ 2. In § 17.11(h), the entries for 

‘‘Markhor, straight-horned’’ and ‘‘Wolf, 

gray’’ under MAMMALS and the second 

entry for ‘‘Shiner, Topeka’’ under 

FISHES in the List of Endangered and 

Threatened Wildlife are revised to read 

as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range Vertebrate population where 

endangered or threatened Status When listed Critical habitat 

Special 

rules Common name Scientific name 

MAMMALS

* * * * * * * 

Markhor, 

straighthorned.

Capra falconeri 

megaceros.

Afghanistan, 

Pakistan.

Entire T 15, 841 NA 17.40(n) 

* * * * * * * 

Wolf, gray ......... Canis lupus ..... Holarctic .......... U.S.A.: All of AL, AR, CA, CO, 

CT, DE, FL, GA, IA, IN, IL, 

KS, KY, LA, MA, MD, ME, MI, 

MO, MS, NC, ND, NE, NH, 

NJ, NV, NY, OH, OK, PA, RI, 

SC, SD, TN, TX, VA, VT, WI, 

and WV; and portions of AZ, 

NM, OR, UT, and WA as follows: 

E 1, 6, 13, 15, 

35 

17.95(a) NA 

(1) Northern AZ (that portion north of the centerline of Interstate Highway 

40); 

(2) Northern NM (that portion north of the centerline of Interstate Highway 

40); 

(3) Western OR (that portion of OR west of the 

centerline of Highway 

395 and Highway 78 

north of Burns Junction 

and that portion of OR 

west of the centerline of 

Highway 95 south of 

Burns Junction); 

(4) Most of Utah (that portion of UT south and 

west of the centerline of 

Highway 84 and that portion of UT south of Highway 80 from Echo to the 

UT/WY Stateline); and 

(5) Western WA (that portion of WA west of the 

centerline of Highway 97 

and Highway 17 north of 

Mesa and that portion of 

WA west of the centerline of Highway 395 

south of Mesa). Mexico. 

Wolf, gray ......... Canis lupus ..... Holarctic .......... U.S.A. (MN) T 35 17.95(a) 17.40(d) 


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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9221 

Species 

Historic range Vertebrate population where 

endangered or threatened Status When listed Critical habitat 

Special 

rules Common name Scientific name 

Wolf, gray 

[Northern 

Rocky Mountain DPS].

Canis lupus ..... U.S.A. (MT, ID, 

WY, eastern 

WA, eastern 

OR, and 

north central 

UT).

U.S.A. (WY—see § 17.84(i) and 

(n)). 

XN 561, 562 NA 17.84(i) 

17.84(n) 

* * * * * * * 

FISHES

* * * * * * * 

Shiner, Topeka Notropis topeka 

= tristis.

U.S.A. (IA, KS, 

MN, MO, NE, 

SD).

U.S.A. (MO—specified portions 

of Little Creek, Big Muddy 

Creek, and Spring Creek watersheds in Adair, Gentry, 

Harrison, Putnam, Sullivan, 

and Worth Counties; see 

17.84(d)(1)(i)) 

XN ........................ NA 17.84(d) 

* * * * * * * 

■ 3. Amend § 17.40 by: 

■ a. Redesignating paragraph (d) as 

paragraph (n); and, in newly 

redesignated paragraph (n)(1), removing 

‘‘(d)(2)’’ and adding in its place ‘‘(n)(2)’’; 

and 

■ b. Adding paragraph (d) to read as set 

forth below. 

§ 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 


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9222 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

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 unnumbered 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 

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: 


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(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 

(3) Salvage a dead specimen which 

may be useful for scientific study. 

(C) 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. 

(D) Any taking pursuant to paragraph 

(d)(2)(i)(A), (d)(2)(i)(B), or (d)(2)(i)(C) of 

this section must be reported in writing 

to the Twin Cities Ecological Service 

Field Office, 4101 American Boulevard 

East, Bloomington, Minnesota, 55425, or 

by facsimile (612) 725–3609 within 5 

days. The specimen may only be 

retained, disposed of, or salvaged in 

accordance with directions from the 

Service. 

(E) 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 

§ 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, 


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or ship a gray wolf taken unlawfully in 

Minnesota. 

(3) Permits. All permits available 

under § 17.32 (General Permits— 

Threatened Wildlife) are available with 

regard to the gray wolf in Minnesota. All 

the terms and provisions of § 17.32 

apply to such permits issued under the 

authority of this paragraph (d)(3). 

■ 4. Amend § 17.84 by: 

■ a. Redesignating paragraph (n) as 

paragraph (d); and, in newly 

redesignated paragraph (d): 

■ i. In paragraph (d)(1)(i), removing 

‘‘(n)(5)’’ and adding in its place ‘‘(d)(5)’’; 

■ ii. In paragraphs (d)(2)(i), (d)(2)(ii), 

and (d)(2)(iii), removing ‘‘(n)(3)’’ each 

time that appears and adding in its 

place ‘‘(d)(3)’’; 

■ iii. In paragraph (d)(2)(iv), removing 

‘‘(n)(2)(iii)’’ and adding in its place 

‘‘(d)(2)(iii)’’, and 

■ b. Adding paragraphs (i) and (n) to 

read as set forth below. 

§ 17.84 Special rules—vertebrates. 

* * * * * 

(i) Gray wolf (Canis lupus). (1) The 

gray wolves (wolf) identified in 

paragraph (i)(7) of this section are 

nonessential experimental. These 

wolves will be managed in accordance 

with the respective provisions of this 

paragraph (i). 

(2) The Service finds that 

reintroduction of nonessential 

experimental gray wolves, as defined in 

paragraph (i)(7) of this section, will 

further the conservation of the species. 

(3) No person may take this species in 

the wild in an experimental population 

area except as provided in paragraphs 

(i)(3), (7), and (8) of this section. 

(i) Landowners on their private land 

and livestock producers (i.e., producers 

of cattle, sheep, horses, and mules or as 

defined in State and tribal wolf 

management plans as approved by the 

Service) who are legally using public 

land (Federal land and any other public 

lands designated in State and tribal wolf 

management plans as approved by the 

Service) may harass any wolf in an 

opportunistic (the wolf cannot be 

purposely attracted, tracked, waited for, 

or searched out, then harassed) and 

noninjurious (no temporary or 

permanent physical damage may result) 

manner at any time, provided that such 

harassment is nonlethal or is not 

physically injurious to the gray wolf and 

is reported within 7 days to the Service 

project leader for wolf reintroduction or 

agency representative designated by the 

Service. 

(ii) Any livestock producers on their 

private land may take (including to kill 

or injure) a wolf in the act of killing, 

wounding, or biting livestock (cattle, 

sheep, horses, and mules or as defined 

in State and tribal wolf management 

plans as approved by the Service), 

provided that such incidents are 

reported within 24 hours to the Service 

project leader for wolf reintroduction or 

agency representative designated by the 

Service, and livestock freshly (less than 

24 hours) wounded (torn flesh and 

bleeding) or killed by wolves must be 

evident. Service or other Serviceauthorized agencies will confirm if 

livestock were wounded or killed by 

wolves. The taking of any wolf without 

such evidence may be referred to the 

appropriate authorities for prosecution. 

(iii) Any livestock producer or 

permittee with livestock grazing 

allotments on public land may receive 

a written permit, valid for up to 45 days, 

from the Service or other agencies 

designated by the Service, to take 

(including to kill or injure) a wolf that 

is in the act of killing, wounding, or 

biting livestock (cattle, sheep, horses, 

and mules or as defined in State and 

tribal wolf management plans as 

approved by the Service), provided that 

six or more breeding pairs of wolves 

have been documented in the 

experimental population area and the 

Service or other agencies authorized by 

the Service has confirmed that the 

livestock losses were caused by wolves 

and has completed agency efforts to 

resolve the problem. Such take must be 

reported within 24 hours to the Service 

project leader for wolf reintroduction or 

agency representative designated by the 

Service. There must be evidence of 

freshly wounded or killed livestock by 

wolves. Service or other Serviceauthorized agencies will investigate and 

determine if the livestock were 

wounded or killed by wolves. The 

taking of any wolf without such 

evidence may be referred to the 

appropriate authorities for prosecution. 

(iv) Potentially affected States and 

tribes may capture and translocate 

wolves to other areas within an 

experimental population area as 

described in paragraph (i)(7) of this 

section, provided the level of wolf 

predation is negatively impacting 

localized ungulate populations at an 

unacceptable level. Such translocations 

cannot inhibit wolf population recovery. 

The States and tribes will define such 

unacceptable impacts, how they would 

be measured, and identify other possible 

mitigation in their State or tribal wolf 

management plans. These plans must be 

approved by the Service before such 

movement of wolves may be conducted. 

(v) The Service, or agencies 

authorized by the Service, may 

promptly remove (place in captivity or 

kill) any wolf that the Service or agency 

authorized by the Service determines to 

present a threat to human life or safety. 

(vi) Any person may harass or take 

(kill or injure) a wolf in self defense or 

in defense of others, provided that such 

take is reported within 24 hours to the 

Service reintroduction project leader or 

Service-designated agent. The taking of 

a wolf without an immediate and direct 

threat to human life may be referred to 

the appropriate authorities for 

prosecution. 

(vii) The Service or agencies 

designated by the Service may take 

wolves that are determined to be 

‘‘problem’’ wolves. Problem wolves are 

defined as wolves that in a calendar 

year attack livestock (cattle, sheep, 

horses, and mules or as defined by State 

and tribal wolf management plans 

approved by the Service) or wolves that 

twice in a calendar year attack domestic 

animals (all domestic animals other 

than livestock). Authorized take 

includes, but is not limited to, nonlethal 

measures such as: Aversive 

conditioning, nonlethal control, and/or 

translocating wolves. Such taking may 

be done when five or fewer breeding 

pairs are established in an experimental 

population area. If the take results in a 

wolf mortality, then evidence that the 

mortality was nondeliberate, accidental, 

nonnegligent, and unavoidable must be 

provided. When six or more breeding 

pairs are established in the experimental 

population area, lethal control of 

problem wolves or permanent 

placement in captivity will be 

authorized but only after other methods 

to resolve livestock depredations have 

been exhausted. Depredations occurring 

on Federal lands or other public lands 

identified in State or tribal wolf 

management plans and prior to six 

breeding pairs becoming established in 

an experimental population area may 

result in capture and release of the 

female wolf and her pups at or near the 

site of capture prior to October 1. All 

wolves on private land, including 

female wolves with pups, may be 

relocated or moved to other areas within 

the experimental population area if 

continued depredation occurs. Wolves 

attacking domestic animals other than 

livestock, including pets on private 

land, two or more times in a calendar 

year will be relocated. All chronic 

problem wolves (wolves that depredate 

on domestic animals after being moved 

once for previous domestic animal 

depredations) will be removed from the 

wild (killed or placed in captivity). The 

following three criteria will be used in 

determining the status of problem 

wolves within the nonessential 

experimental population area: 


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(A) There must be evidence of 

wounded livestock or partial remains of 

a livestock carcass that clearly shows 

that the injury or death was caused by 

wolves. Such evidence is essential since 

wolves may feed on carrion that they 

found and did not kill. There must be 

reason to believe that additional 

livestock losses would occur if no 

control action is taken. 

(B) There must be no evidence of 

artificial or intentional feeding of 

wolves. Improperly disposed of 

livestock carcasses in the area of 

depredation will be considered 

attractants. Livestock carrion or 

carcasses on public land, not being used 

as bait under an agency-authorized 

control action, must be removed or 

otherwise disposed of so that it will not 

attract wolves. 

(C) On public lands, animal 

husbandry practices previously 

identified in existing approved 

allotment plans and annual operating 

plans for allotments must have been 

followed. 

(viii) Any person may take a gray wolf 

found in an area defined in paragraph 

(i)(7) of this section, provided that the 

take is incidental to an otherwise lawful 

activity, accidental, unavoidable, 

unintentional, not resulting from 

negligent conduct lacking reasonable 

due care, and due care was exercised to 

avoid taking a gray wolf. Such taking is 

to be reported within 24 hours to a 

Service or Service-designated authority. 

Take that does not conform with such 

provisions may be referred to the 

appropriate authorities for prosecution. 

(ix) Service or other Federal, State, or 

tribal personnel may receive written 

authorization from the Service to take 

animals under special circumstances. 

Wolves may be live-captured and 

translocated to resolve demonstrated 

conflicts with ungulate populations or 

with other species listed under the Act, 

or when they are found outside of the 

designated experimental population 

area. Take procedures in such instances 

would involve live-capture and release 

to a remote area or placement in a 

captive facility, if the animal is clearly 

unfit to remain in the wild. Killing of 

wolves will be a last resort and is only 

authorized when live-capture attempts 

have failed or there is clear 

endangerment to human life. 

(x) Any person with a valid permit 

issued by the Service under § 17.32 may 

take wolves in the wild in the 

experimental population area, pursuant 

to terms of the permit. 

(xi) Any employee or agent of the 

Service or appropriate Federal, State, or 

tribal agency, who is designated in 

writing for such purposes by the 

Service, when acting in the course of 

official duties, may take a wolf from the 

wild within the experimental 

population area, if such action is for: 

(A) Scientific purposes; 

(B) To relocate wolves to avoid 

conflict with human activities; 

(C) To relocate wolves within the 

experimental population areas to 

improve wolf survival and recovery 

prospects; 

(D) To relocate wolves that have 

moved outside the experimental 

population area back into the 

experimental population area; 

(E) To aid or euthanize sick, injured, 

or orphaned wolves; 

(F) To salvage a dead specimen that 

may be used for scientific study; or 

(G) To aid in law enforcement 

investigations involving wolves. 

(xii) Any taking pursuant to this 

section must be reported within 24 

hours to the appropriate Service or 

Service-designated agency, which will 

determine the disposition of any live or 

dead specimens. 

(4) Human access to areas with 

facilities where wolves are confined 

may be restricted at the discretion of 

Federal, State, and tribal land 

management agencies. When five or 

fewer breeding pairs are in an 

experimental population area, land-use 

restrictions may also be employed on an 

as-needed basis, at the discretion of 

Federal land management and natural 

resources agencies to control intrusive 

human disturbance around active wolf 

den sites. Such temporary restrictions 

on human access, when five or fewer 

breeding pairs are established in an 

experimental population area, may be 

required between April 1 and June 30, 

within 1 mile of active wolf den or 

rendezvous sites and would apply only 

to public lands or other such lands 

designated in State and tribal wolf 

management plans. When six or more 

breeding pairs are established in an 

experimental population area, no landuse restrictions may be employed 

outside of national parks or national 

wildlife refuges, unless wolf 

populations fail to maintain positive 

growth rates toward population 

recovery levels for 2 consecutive years. 

If such a situation arose, State and tribal 

agencies would identify, recommend, 

and implement corrective management 

actions within 1 year, possibly 

including appropriate land-use 

restrictions to promote growth of the 

wolf population. 

(5) No person shall possess, sell, 

deliver, carry, transport, ship, import, or 

export by any means whatsoever, any 

wolf or part thereof from the 

experimental populations taken in 

violation of the regulations in paragraph 

(i) of this section or in violation of 

applicable State or tribal fish and 

wildlife laws or regulations or the 

Endangered Species Act. 

(6) It is unlawful for any person to 

attempt to commit, solicit another to 

commit, or cause to be committed any 

offense defined in this paragraph (i). 

(7) The sites for reintroduction are 

within the historic range of the species: 

(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. 

(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. 

(8) The reintroduced wolves will be 

monitored during the life of the project, 

including by the use of radio telemetry 

and other remote sensing devices as 

appropriate. All released animals will 

be vaccinated against diseases and 

parasites prevalent in canids, as 

appropriate, prior to release and during 

subsequent handling. Any animal that is 

sick, injured, or otherwise in need of 

special care may be captured by 

authorized personnel of the Service or 

Service-designated agencies and given 


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appropriate care. Such an animal will be 

released back into its respective 

reintroduction area as soon as possible, 

unless physical or behavioral problems 

make it necessary to return the animal 

to captivity or euthanize it. 

(9) The Service does not intend to 

reevaluate the ‘‘nonessential 

experimental’’ designation. The Service 

does not foresee any likely situation that 

would result in changing the 

nonessential experimental status until 

the gray wolf is recovered and delisted 

in the northern Rocky Mountains 

according to provisions outlined in the 

Act. 

* * * * * 

(n) Gray wolf (Canis lupus). (1) The 

gray wolves (wolf) identified in 

paragraph (n)(9)(i) of this section are a 

nonessential experimental population. 

These wolves will be managed in 

accordance with the respective 

provisions of this paragraph (n) in the 

boundaries of the nonessential 

experimental population (NEP) areas 

within any State or Tribal reservation 

that has a wolf management plan that 

has been approved by the Service, as 

further provided in this paragraph (n). 

Furthermore, any State or Tribe that has 

a wolf management plan approved by 

the Service can petition the Secretary of 

the Department of the Interior (DOI) to 

assume the lead authority for wolf 

management under this rule within the 

borders of the NEP areas in their 

respective State or reservation. 

(2) The Service finds that 

management of nonessential 

experimental gray wolves, as defined in 

this paragraph (n), will further the 

conservation of the species. 

(3) Definitions of terms used in 

paragraph (n) of this section follow: 

Active den site—A den or a specific 

above-ground site that is being used on 

a daily basis by wolves to raise newborn 

pups during the period April 1 to June 

30. 

Breeding pair—An adult male and an 

adult female wolf that, during the 

previous breeding season, produced at 

least two pups that survived until 

December 31 of the year of their birth. 

Designated agent—Includes Federal 

agencies authorized or directed by the 

Service, and States or Tribes with a wolf 

management plan approved by the 

Director of the Service and with 

established cooperative agreements with 

us or Memoranda of Agreement (MOAs) 

approved by the Secretary of the DOI. 

Federal agencies, States, or Tribes may 

become ‘‘designated agents’’ through 

cooperative agreements with the Service 

whereby they agree to assist the Service 

to implement some portions of this rule. 

If a State or Tribe becomes a 

‘‘designated agent’’ through a 

cooperative agreement, the Service will 

help coordinate their activities and 

retain authority for program direction, 

oversight, and guidance. States and 

Tribes with approved plans also may 

become ‘‘designated agents’’ by 

submitting a petition to the Secretary to 

establish an MOA under this rule. Once 

accepted by the Secretary, the MOA 

may allow the State or Tribe to assume 

lead authority for wolf management and 

to implement the portions of their State 

or Tribal plans that are consistent with 

this rule. The Service oversight (aside 

from Service law enforcement 

investigations) under an MOA is limited 

to monitoring compliance with this rule, 

issuing written authorizations for wolf 

take on reservations without approved 

wolf management plans, and an annual 

review of the State or Tribal program to 

ensure the wolf population is being 

maintained above recovery levels. 

Domestic animals—Animals that have 

been selectively bred over many 

generations to enhance specific traits for 

their use by humans, including use as 

pets. This includes livestock (as defined 

below) and dogs. 

Intentional harassment—The 

deliberate and pre-planned harassment 

of wolves, including by less-than-lethal 

munitions (such as 12-gauge shotgun 

rubber-bullets and bean-bag shells), that 

are designed to cause physical 

discomfort and temporary physical 

injury but not death. The wolf may have 

been tracked, waited for, chased, or 

searched out and then harassed. 

In the act of attacking—The actual 

biting, wounding, grasping, or killing of 

livestock or dogs, or chasing, molesting, 

or harassing by wolves that would 

indicate to a reasonable person that 

such biting, wounding, grasping, or 

killing of livestock or dogs is likely to 

occur at any moment. 

Landowner—An owner of private 

land, or his/her immediate family 

members, or the owner’s employees 

who are currently employed to actively 

work on that private land. In addition, 

the owner(s) (or his/her employees) of 

livestock that are currently and legally 

grazed on that private land and other 

lease-holders on that private land (such 

as outfitters or guides who lease hunting 

rights from private landowners), are 

considered landowners on that private 

land for the purposes of this regulation. 

Private land, under this regulation, also 

includes all non-Federal land and land 

within Tribal reservations. Individuals 

legally using Tribal lands in States with 

approved plans are considered 

landowners for the purposes of this rule. 

‘‘Landowner’’ in this regulation 

includes legal grazing permittees or 

their current employees on State, 

county, or city public or Tribal grazing 

lands. 

Legally present—A person is legally 

present when: 

(i) On his or her own property; 

(ii) Not trespassing and has the 

landowner’s permission to bring his or 

her stock animal or dog on the property; 

or 

(iii) Abiding by regulations governing 

legal presence on public lands. 

Livestock—Cattle, sheep, horses, 

mules, goats, domestic bison, and 

herding and guarding animals (llamas, 

donkeys, and certain breeds of dogs 

commonly used for herding or guarding 

livestock). Livestock excludes dogs that 

are not being used for livestock guarding 

or herding. 

Noninjurious—Does not cause either 

temporary or permanent physical 

damage or death. 

Opportunistic harassment— 

Harassment without the conduct of 

prior purposeful actions to attract, track, 

wait for, or search out the wolf. 

Private land—All land other than that 

under Federal Government ownership 

and administration and including Tribal 

reservations. 

Problem wolves—Wolves that have 

been confirmed by the Service or our 

designated agent(s) to have attacked or 

been in the act of attacking livestock or 

dogs on private land or livestock on 

public land within the past 45 days. 

Wolves that we or our designated 

agent(s) confirm to have attacked any 

other domestic animals on private land 

twice within a calendar year are 

considered problem wolves for purposes 

of agency wolf control actions. 

Public land—Federal land such as 

that administered by the National Park 

Service, Bureau of Land Management, 

USDA Forest Service, Bureau of 

Reclamation, Department of Defense, or 

other agencies with the Federal 

Government. 

Public land permittee—A person or 

that person’s employee who has an 

active, valid Federal land-use permit to 

use specific Federal lands to graze 

livestock, or operate an outfitter or 

guiding business that uses livestock. 

This definition does not include private 

individuals or organizations who have 

Federal permits for other activities on 

public land such as collecting firewood, 

mushrooms, antlers, or Christmas trees; 

logging; mining; oil or gas development; 

or other uses that do not require 

livestock. In recognition of the special 

and unique authorities of Tribes and 

their relationship with the U.S. 

Government, for the purposes of this 

rule, the definition includes Tribal 


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members who legally graze their 

livestock on ceded public lands under 

recognized Tribal treaty rights. 

Remove—Place in captivity, relocate 

to another location, or kill. 

Research—Scientific studies resulting 

in data that will lend to enhancement of 

the survival of the gray wolf. 

Rule–Federal regulations—‘‘This 

rule’’ or ‘‘this regulation’’ refers to this 

final NEP regulation. 

Stock animal—A horse, mule, 

donkey, llama, or goat used to transport 

people or their possessions. 

Unacceptable impact—Impact to 

ungulate population or herd where a 

State or Tribe has determined that 

wolves are one of the major causes of 

the population or herd not meeting 

established State or Tribal management 

goals. 

Ungulate population or herd—An 

assemblage of wild ungulates living in 

a given area. 

Wounded—Exhibiting scraped or torn 

hide or flesh, bleeding, or other 

evidence of physical damage caused by 

a wolf bite. 

(4) Allowable forms of take of gray 

wolves. The following activities, only in 

the specific circumstances described 

under this paragraph (n)(4), are allowed: 

Opportunistic harassment; intentional 

harassment; take on private land; take 

on public land except land administered 

by National Parks; take in response to 

impacts on wild ungulate populations; 

take in defense of human life; take to 

protect human safety; take by 

designated agents to remove problem 

wolves; incidental take; take under 

permits; take per authorizations for 

employees of designated agents; take for 

research purposes; and take to protect 

stock animals and dogs. Other than as 

expressly provided in this rule, all other 

forms of take are considered a violation 

of section 9 of the Act. Any wolf or wolf 

part taken legally must be turned over 

to the Service unless otherwise 

specified in this paragraph (n). Any take 

of wolves must be reported as outlined 

in paragraph (n)(6) of this section. 

(i) Opportunistic harassment. Anyone 

may conduct opportunistic harassment 

of any gray wolf in a noninjurious 

manner at any time. Opportunistic 

harassment must be reported to the 

Service or our designated agent(s) 

within 7 days as outlined in paragraph 

(n)(6) of this section. 

(ii) Intentional harassment. After we 

or our designated agent(s) have 

confirmed wolf activity on private land, 

on a public land grazing allotment, or 

on a Tribal reservation, we or our 

designated agent(s) may issue written 

take authorization valid for not longer 

than 1 year, with appropriate 

conditions, to any landowner or public 

land permittee to intentionally harass 

wolves. The harassment must occur in 

the area and under the conditions as 

specifically identified in the written 

take authorization. 

(iii) Take by landowners on their 

private land. Landowners may take 

wolves on their private land in the 

following two additional circumstances: 

(A) Any landowner may immediately 

take a gray wolf in the act of attacking 

livestock or dogs on his or her private 

land, provided the landowner provides 

evidence of livestock or dogs recently 

(less than 24 hours) wounded, harassed, 

molested, or killed by wolves, and we 

or our designated agent(s) are able to 

confirm that the livestock or dogs were 

wounded, harassed, molested, or killed 

by wolves. The carcass of any wolf 

taken and the area surrounding it 

should not be disturbed in order to 

preserve physical evidence that the take 

was conducted according to this rule. 

The take of any wolf without such 

evidence of a direct and immediate 

threat may be referred to the appropriate 

authorities for prosecution. 

(B) A landowner may take wolves on 

his or her private land if we or our 

designated agent issued a ‘‘shoot-onsight’’ written take authorization of 

limited duration (45 days or less), and 

if: 

(1) This landowner’s property has had 

at least one depredation by wolves on 

livestock or dogs that has been 

confirmed by us or our designated 

agent(s) within the past 30 days; and 

(2) We or our designated agent(s) have 

determined that problem wolves are 

routinely present on that private 

property and present a significant risk to 

the health and safety of other livestock 

or dogs; and 

(3) We or our designated agent(s) have 

authorized lethal removal of problem 

wolves from that same property. The 

landowner must conduct the take in 

compliance with the written take 

authorization issued by the Service or 

our designated agent(s). 

(iv) Take on public land. Any 

livestock producer and public land 

permittee (see definitions in paragraph 

(n)(3) of this section) who is legally 

using public land under a valid Federal 

land-use permit may immediately take a 

gray wolf in the act of attacking his or 

her livestock on the person’s allotment 

or other area authorized for his or her 

use without prior written authorization, 

provided that that producer or permittee 

provides evidence of livestock recently 

(less than 24 hours) wounded, harassed, 

molested, or killed by wolves, and we 

or our designated agent(s) are able to 

confirm that the livestock were 

wounded, harassed, molested, or killed 

by wolves. The carcass of any wolf 

taken and the area surrounding it 

should not be disturbed, in order to 

preserve physical evidence that the take 

was conducted according to this rule. 

The take of any wolf without such 

evidence may be referred to the 

appropriate authorities for prosecution. 

(A) At our or our designated agent(s)’ 

discretion, we or our designated agent(s) 

also may issue a shoot-onsight written 

take authorization of limited duration 

(45 days or less) to a public land grazing 

permittee to take problem wolves on 

that permittee’s active livestock grazing 

allotment if: 

(1) The grazing allotment has had at 

least one depredation by wolves on 

livestock that has been confirmed by us 

or our designated agent(s) within the 

past 30 days; and 

(2) We or our designated agent(s) have 

determined that problem wolves are 

routinely present on that allotment and 

present a significant risk to the health 

and safety of livestock; and 

(3) We or our designated agent(s) have 

authorized lethal removal of problem 

wolves from that same allotment. 

(B) The permittee must conduct the 

take in compliance with the written take 

authorization issued by the Service or 

our designated agent(s). 

(v) Take in response to wild ungulate 

impacts. If wolf predation is having an 

unacceptable impact on wild ungulate 

populations (deer, elk, moose, bighorn 

sheep, mountain goats, antelope, or 

bison) as determined by the respective 

State or Tribe, a State or Tribe may 

lethally remove the wolves in question. 

(A) In order for this provision to 

apply, the State or Tribes must prepare 

a science-based document that: 

(1) Describes the basis of ungulate 

population or herd management 

objectives, what data indicate that the 

ungulate population or herd is below 

management objectives, what data 

indicate that wolves are a major cause 

of the unacceptable impact to the 

ungulate population or herd, why wolf 

removal is a warranted solution to help 

restore the ungulate population or herd 

to State or Tribal management 

objectives, the level and duration of 

wolf removal being proposed, and how 

ungulate population or herd response to 

wolf removal will be measured and 

control actions adjusted for 

effectiveness; 

(2) Demonstrates that attempts were 

and are being made to address other 

identified major causes of ungulate herd 

or population declines or the State or 

Tribe commits to implement possible 

remedies or conservation measures in 

addition to wolf removal; and 


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(3) Provides an opportunity for peer 

review and public comment on their 

proposal prior to submitting it to the 

Service for written concurrence. The 

State or Tribe must: 

(i) Conduct the peer review process in 

conformance with the Office of 

Management and Budget’s Final 

Information Quality Bulletin for Peer 

Review (70 FR 2664, January 14, 2005) 

and include in their proposal an 

explanation of how the bulletin’s 

standards were considered and satisfied; 

and 

(ii) Obtain at least five independent 

peer reviews from individuals with 

relevant expertise other than staff 

employed by a State, Tribal, or Federal 

agency directly or indirectly involved 

with predator control or ungulate 

management in Idaho, Montana, or 

Wyoming. 

(B) Before we authorize lethal 

removal, we must determine that an 

unacceptable impact to wild ungulate 

populations or herds has occurred. We 

also must determine that the proposed 

lethal removal is science-based, will not 

contribute to reducing the wolf 

population in the State below 20 

breeding pairs and 200 wolves, and will 

not impede wolf recovery. 

(vi) Take in defense of human life. 

Any person may take a gray wolf in 

defense of the individual’s life or the 

life of another person. The unauthorized 

taking of a wolf without demonstration 

of an immediate and direct threat to 

human life may be referred to the 

appropriate authorities for prosecution. 

(vii) Take to protect human safety. We 

or our designated agent(s) may promptly 

remove any wolf that we or our 

designated agent(s) determines to be a 

threat to human life or safety. 

(viii) Take of problem wolves by 

Service personnel or our designated 

agent(s). We or our designated agent(s) 

may carry out harassment, nonlethal 

control measures, relocation, placement 

in captivity, or lethal control of problem 

wolves. To determine the presence of 

problem wolves, we or our designated 

agent(s) will consider all of the 

following: 

(A) Evidence of wounded livestock, 

dogs, or other domestic animals, or 

remains of livestock, dogs, or domestic 

animals that show that the injury or 

death was caused by wolves, or 

evidence that wolves were in the act of 

attacking livestock, dogs, or domestic 

animals; 

(B) The likelihood that additional 

wolf-caused losses or attacks may occur 

if no control action is taken; 

(C) Evidence of unusual attractants or 

artificial or intentional feeding of 

wolves; and 

(D) Evidence that animal husbandry 

practices recommended in approved 

allotment plans and annual operating 

plans were followed. 

(ix) Incidental take. Take of a gray 

wolf is allowed if the take is accidental 

and incidental to an otherwise lawful 

activity and if reasonable due care was 

practiced to avoid such take, and such 

take is reported within 24 hours. 

Incidental take is not allowed if the take 

is not accidental or if reasonable due 

care was not practiced to avoid such 

take, or it was not reported within 24 

hours (we may allow additional time if 

access to the site of the take is limited), 

and we may refer such taking to the 

appropriate authorities for prosecution. 

Shooters have the responsibility to 

identify their target before shooting. 

Shooting a wolf as a result of mistaking 

it for another species is not considered 

accidental and may be referred to the 

appropriate authorities for prosecution. 

(x) Take under permits. Any person 

with a valid permit issued by the 

Service under § 17.32, or our designated 

agent(s), may take wolves in the wild, 

pursuant to terms of the permit. 

(xi) Additional take authorization for 

agency employees. When acting in the 

course of official duties, any employee 

of the Service or our designated agent(s) 

may take a wolf or wolf-like canid for 

the following purposes: 

(A) Scientific purposes; 

(B) To avoid conflict with human 

activities; 

(C) To further wolf survival and 

recovery; 

(D) To aid or euthanize sick, injured, 

or orphaned wolves; 

(E) To dispose of a dead specimen; 

(F) To salvage a dead specimen that 

may be used for scientific study; 

(G) To aid in law enforcement 

investigations involving wolves; or 

(H) To prevent wolves or wolf-like 

canids with abnormal physical or 

behavioral characteristics, as 

determined by the Service or our 

designated agent(s), from passing on or 

teaching those traits to other wolves. 

(I) Such take must be reported to the 

Service within 7 days as outlined in 

paragraph (n)(6) of this section, and 

specimens are to be retained or disposed 

of only in accordance with directions 

from the Service. 

(xii) Take for research purposes. We 

may issue permits under § 17.32, or our 

designated agent(s) may issue written 

authorization, for individuals to take 

wolves in the wild pursuant to 

approved scientific study proposals. 

Scientific studies should be reasonably 

expected to result in data that will lend 

to development of sound management 

of the gray wolf, and lend to 

enhancement of its survival as a species. 

(xiii) Take to protect stock animals 

and dogs. Any person legally present on 

private or public land, except land 

administered by the National Park 

Service, may immediately take a wolf 

that is in the act of attacking the 

individual’s stock animal or dog, 

provided that there is no evidence of 

intentional baiting, feeding, or 

deliberate attractants of wolves. The 

person must be able to provide evidence 

of stock animals or dogs recently (less 

than 24 hours) wounded, harassed, 

molested, or killed by wolves, and we 

or our designated agents must be able to 

confirm that the stock animals or dogs 

were wounded, harassed, molested, or 

killed by wolves. To preserve evidence 

that the take of a wolf was conducted 

according to this rule, the person must 

not disturb the carcass and the area 

surrounding it. The take of any wolf 

without such evidence of a direct and 

immediate threat may be referred to the 

appropriate authorities for prosecution. 

(5) Federal land use. Restrictions on 

the use of any Federal lands may be put 

in place to prevent the take of wolves 

at active den sites between April 1 and 

June 30. Otherwise, no additional landuse restrictions on Federal lands, except 

for National Parks or National Wildlife 

Refuges, may be necessary to reduce or 

prevent take of wolves solely to benefit 

gray wolf recovery under the Act. This 

prohibition does not preclude restricting 

land use when necessary to reduce 

negative impacts of wolf restoration 

efforts on other endangered or 

threatened species. 

(6) Reporting requirements. Except as 

otherwise specified in paragraph (n) of 

this section or in a permit, any take of 

a gray wolf must be reported to the 

Service or our designated agent(s) 

within 24 hours. We will allow 

additional reasonable time if access to 

the site is limited. Report any take of 

wolves, including opportunistic 

harassment, to U.S. Fish and Wildlife 

Service, Montana Ecological Services 

Office (585 Shepard Way, Suite 1, 

Helena, Montana 59601, 406–449–5225; 

facsimile 406–449–5339), or a Servicedesignated agent of another Federal, 

State, or Tribal agency. Unless 

otherwise specified in paragraph (n) of 

this section, any wolf or wolf part taken 

legally must be turned over to the 

Service, which will determine the 

disposition of any live or dead wolves. 

(7) No person shall possess, sell, 

deliver, carry, transport, ship, import, or 

export by any means whatsoever, any 

wolf or part thereof from the 

experimental populations taken in 

violation of the regulations in paragraph 


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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9229 

(n) of this section or in violation of 

applicable State or Tribal fish and 

wildlife laws or regulations or the Act. 

(8) It is unlawful for any person to 

attempt to commit, solicit another to 

commit, or cause to be committed any 

offense defined in this section. 

(9) The sites for these experimental 

populations are within the historic 

range of the species as designated in 

paragraph (i)(7) of this section: 

(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. 

(10) Wolves in the experimental 

population areas will be monitored by 

radio-telemetry or other standard wolf 

population monitoring techniques as 

appropriate. Any animal that is sick, 

injured, or otherwise in need of special 

care may be captured by authorized 

personnel of the Service or our 

designated agent(s) and given 

appropriate care. Such an animal will be 

released back into its respective area as 

soon as possible, unless physical or 

behavioral problems make it necessary 

to return the animal to captivity or 

euthanize it. 

(11) Memoranda of Agreement 

(MOAs). Any State or Tribe with gray 

wolves, subject to the terms of this 

paragraph (n), may petition the 

Secretary for an MOA to take over lead 

management responsibility and 

authority to implement this rule by 

managing the nonessential experimental 

gray wolves in that State or on that 

Tribal reservation, and implement all 

parts of their approved State or Tribal 

plan that are consistent with this rule, 

provided that the State or Tribe has a 

wolf management plan approved by the 

Secretary. 

(i) A State or Tribal petition for wolf 

management under an MOA must show: 

(A) That authority and management 

capability resides in the State or Tribe 

to conserve the gray wolf throughout the 

geographical range of all experimental 

populations within the State or within 

the Tribal reservation. 

(B) That the State or Tribe has an 

acceptable conservation program for the 

gray wolf, throughout all of the NEP 

areas within the State or Tribal 

reservation, including the requisite 

authority and capacity to carry out that 

conservation program. 

(C) A description of exactly what 

parts of the approved State or Tribal 

plan the State or Tribe intends to 

implement within the framework of this 

rule. 

(D) A description of the State or Tribal 

management progress will be reported 

to the Service on at least an annual basis 

so the Service can determine if State or 

Tribal management has maintained the 

wolf population above recovery levels 

and was conducted in full compliance 

with this rule. 

(ii) The Secretary will approve such a 

petition upon a finding that the 

applicable criteria are met and that 

approval is not likely to jeopardize the 

continued existence of the endangered 

gray wolf, as defined in § 17.11(h). 

(iii) If the Secretary approves the 

petition, the Secretary will enter into an 

MOA with the Governor of that State or 

appropriate Tribal representative. 

(iv) An MOA for State or Tribal 

management as provided in this section 

may allow a State or Tribe to become 

designated agents and lead management 

of nonessential experimental gray wolf 

populations within the borders of their 

jurisdictions in accordance with the 

State’s or Tribe’s wolf management plan 

approved by the Service, except that: 

(A) The MOA may not provide for any 

form of management inconsistent with 

the protection provided to the species 

under this rule, without further 

opportunity for appropriate public 

comment and review and amendment of 

this rule; 

(B) The MOA cannot vest the State or 

Tribe with any authority over matters 

concerning section 4 of the Act 

(determining whether a species warrants 

listing); 

(C) The MOA may not provide for 

public hunting or trapping absent a 

finding by the Secretary of an 

extraordinary case where population 

pressures within a given ecosystem 

cannot be otherwise relieved; and 

(D) In the absence of a Tribal wolf 

management plan or cooperative 

agreement, the MOA cannot vest a State 

with the authority to issue written 

authorizations for wolf take on 

reservations. The Service will retain the 

authority to issue these written 

authorizations until a Tribal wolf 

management plan is approved. 

(v) The MOA for State or Tribal wolf 

management must provide for joint law 

enforcement responsibilities to ensure 

that the Service also has the authority to 

enforce the State or Tribal management 

program prohibitions on take. 

(vi) The MOA may not authorize wolf 

take beyond that stated in the 

experimental population rules but may 

be more restrictive. 

(vii) The MOA will expressly provide 

that the results of implementing the 

MOA may be the basis upon which 

State or Tribal regulatory measures will 

be judged for delisting purposes. 

(viii) The authority for the MOA will 

be the Act, the Fish and Wildlife Act of 

1956 (16 U.S.C. 742a–742j), and the Fish 

and Wildlife Coordination Act (16 

U.S.C. 661–667e), and any applicable 

treaty. 

(ix) In order for the MOA to remain 

in effect, the Secretary must find, on an 

annual basis, that the management 

under the MOA is not jeopardizing the 

continued existence of the endangered 

gray wolf as defined in § 17.11(h). The 

Secretary or State or Tribe may 

terminate the MOA upon 90 days notice 

if: 

(A) Management under the MOA is 

likely to jeopardize the continued 

existence of the endangered gray wolf as 

defined in § 17.11(h); or 

(B) The State or Tribe has failed 

materially to comply with this rule, the 

MOA, or any relevant provision of the 

State or Tribal wolf management plan; 

or 

(C) The Service determines that 

biological circumstances within the 

range of the gray wolf indicate that 

delisting the species is not warranted; or 

(D) The States or Tribes determine 

that they no longer want the wolf 

management authority vested in them 

by the Secretary in the MOA. 

■ 5. Amend § 17.95(a) by adding an 

entry for ‘‘Gray Wolf (Canis lupus)’’ in 

the same alphabetical order in which 

this species appears in the table in 

§ 17.11(h) to read as set forth below: 

§ 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 § 17.40(d)(l). 

* * * * * 

Dated: February 11, 2015. 

Stephen Guertin, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2015–03503 Filed 2–19–15; 8:45 am] 

BILLING CODE 4310–55–P 


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