[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Pages 65574-65579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26765]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2010-0074; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX37


Endangered and Threatened Wildlife and Plants; Reinstatement of 
Protections for the Gray Wolf in the Northern Rocky Mountains in 
Compliance With a Court Order

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing 
this final rule to comply with a court order that has the effect of 
reinstating the regulatory protections under the Endangered Species Act 
of 1973, as amended (ESA), for the gray wolf (Canis lupus) in most of 
the northern Rocky Mountains. Pursuant to the District of Montana court 
order dated August 5, 2010, this rule corrects the gray wolf listing 
for the northern half of Montana, the northern panhandle of Idaho, the 
eastern third of Washington and Oregon, and north-central Utah as 
endangered and reinstates the former special rules designating the gray 
wolf in the remainder of Montana and Idaho as nonessential experimental 
populations. Because ESA protections were not removed in Wyoming by our 
April 2, 2009 (74 FR 15123), final delisting rule, Wyoming is not 
impacted by this final rule.

DATES: This action is effective October 26, 2010. However, the court 
order had legal effect immediately upon its filing at 2:43 p.m. 
Mountain Daylight Time on August 5, 2010.

ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. It will also be available for inspection, by 
appointment, during normal business hours at U.S. Fish and Wildlife 
Service, Office of the Western Gray Wolf Recovery Coordinator, 585 
Shepard Way, Helena, Montana 59601. Call (406) 449-5225 to make 
arrangements.

FOR FURTHER INFORMATION CONTACT: For information on wolves in the 
northern Rocky Mountains, contact Edward E. Bangs, Western Gray Wolf 
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena 
office (see ADDRESSES) or telephone (406) 449-5225, extension 204. 
Individuals who are hearing-impaired or speech-impaired may call the 
Federal Relay

[[Page 65575]]

Service at 1-800-877-8337 for TTY assistance.

SUPPLEMENTARY INFORMATION: 

Background

    On April 2, 2009, we published a final rule to remove ESA 
protections across most of the concurrently designated northern Rocky 
Mountain (NRM) gray wolf Distinct Population Segment (DPS) (74 FR 
15123). Additional background information on the NRM gray wolf 
population and on this decision, including previous Federal actions, 
can be found in our April 2, 2009, final rule.
    Lawsuits challenging our final rule were filed in U.S. District 
Court for the District of Montana and U.S. District Court for the 
District of Wyoming. On August 5, 2010, the U.S. District Court for the 
District of Montana vacated and set aside our 2009 delisting rule 
(Defenders of Wildlife et al. v. Salazar et al., 9:09-cv-00077-DWM).
    The decision reinstates Federal protections that were in place 
prior to our 2009 delisting. Therefore, wolves are listed as endangered 
throughout the former NRM DPS (43 FR 9607, March 9, 1978; 50 CFR 
17.11(h)), except where they are classified as experimental populations 
(i.e., southern Montana, Idaho south of Interstate 90, and all of 
Wyoming) (59 FR 60252, November 22, 1994; 59 FR 60266, 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 an 
experimental population rule, a permit obtained under section 10 of the 
ESA, or if exempted by an incidental take statement within a biological 
opinion issued by the Service pursuant to section 7 of the ESA. We 
notified all State, Federal, and Tribal partners of the decision and 
its impact shortly after the order was released. We also took steps to 
ensure the public was aware of the decision.
    This action is independent of any decision by the United States or 
any interveners in the case to appeal the August 5, 2010, Montana 
District Court ruling.

Administrative Procedure

    This rulemaking is necessary to comply with the August 5, 2010, 
court order. Therefore, under these circumstances, the Director has 
determined, pursuant to 5 U.S.C. 553(b), that prior notice and 
opportunity for public comment are impractical and unnecessary. The 
Director has further determined, pursuant to 5 U.S.C. 553(d), that the 
agency has good cause to make this rule effective upon publication.

Effects of the Rule

    As of the filing of the court order, delisted wolves in Washington, 
Oregon, Utah, the Idaho panhandle, and northern Montana were again 
listed as endangered (50 CFR 17.11(h)). Wolves in southern Montana and 
Idaho south of Interstate 90 are again listed as nonessential 
experimental populations under section 10(j) of the ESA (50 CFR 
17.84(i) and (n)). Furthermore, the NRM gray wolf DPS established by 
our April 2, 2009, final rule is set aside. Wolves in Wyoming were not 
delisted by our 2009 final rule (74 FR 15123, April 2, 2009) and, thus, 
their listed status under the ESA is not impacted by this final 
decision. Wolves in Wyoming remain listed as a nonessential 
experimental population under section 10(j) of the ESA (50 CFR 17.84(i) 
and (n)). The maps in the rule portion of this document illustrate the 
boundaries of the nonessential experimental population areas.
    This rule will not affect the status of the gray wolf in the NRM 
under State laws or suspend any other legal protections provided by 
State law. This rule will not affect the gray wolf's Appendix II status 
under the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

0
In order to comply with the court order discussed above, we amend part 
17, subchapter B of chapter I, title 50 of the CFR, as set forth below:

PART 17--[AMENDED]

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

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


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


Sec.  17.11  [Amended]

* * * * *
    (h) * * *

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                      Species                                           Vertebrate population
---------------------------------------------------   Historic range     where endangered or      Status        When listed       Critical     Special
          Common name             Scientific name                            threatened                                           habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
            MAMMALS
 
                                                                      * * * * * * *
Wolf, gray.....................  Canis lupus......  Holarctic........  U.S.A., conterminous    E             1, 6, 13, 15, 35.     17.95(a)          N/A
                                                                        (lower 48) States,
                                                                        except MN and where
                                                                        listed as an
                                                                        experimental
                                                                        population below;
                                                                        Mexico.
Do.............................  ......do.........  ......do.........  U.S.A. (MN)...........  T             35...............     17.95(a)     17.40(d)
Do.............................  ......do.........  ......do.........  U.S.A. (portions of ID  XN            561, 562.........          N/A    17.84(i).
                                                                        and MT, WY--see Sec.                                                   17.84(n).
                                                                         17.84(i) and (n)).
Do.............................  ......do.........  ......do.........  U.S.A. (portions of     XN            631..............          N/A     17.84(k)
                                                                        AZ, NM, and TX--see
                                                                        Sec.   17.84(k)).
 
                                                                      * * * * * * *
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0
3. Amend Sec.  17.84 by:
0
a. Revising paragraphs (i)(7)(i) and (i)(7)(ii) and adding new 
paragraph (i)(7)(iii); and
0
b. Revising the first sentence of paragraph (n)(1) and all of 
paragraphs (n)(9)(i) and (n)(9)(ii) and adding new paragraph 
(n)(9)(iii) to read as set forth below.


Sec.  17.84  Special rules--vertebrates.

* * * * *
    (i) * * *
    (7) * * *

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    (i) The central Idaho area is shown on the following map. The 
boundaries of the nonessential experimental population area will be 
those portions of Idaho that are south of Interstate Highway 90 and 
west of Interstate 15, and those portions of Montana south of 
Interstate 90, Highway 93 and 12 from Missoula, Montana, west of 
Interstate 15.
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[GRAPHIC] [TIFF OMITTED] TR26OC10.000

    (ii) The Yellowstone Management Area is shown on the following map. 
The boundaries of the nonessential experimental population area will be 
that portion of Idaho that is east of Interstate Highway 15; that 
portion of Montana that is east of Interstate Highway 15 and south of 
the Missouri River from Great Falls, Montana, to the eastern Montana 
border; and all of Wyoming.

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[GRAPHIC] [TIFF OMITTED] TR26OC10.001

    (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; 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 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 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.
* * * * *
    (n) * * *
    (1) The gray wolves (wolf) identified in paragraphs (n)(9)(i) and 
(ii) of this section are nonessential experimental populations. * * *
* * * * *
    (9) * * *
    (i) The central Idaho NEP area is shown on the following map. The 
boundaries of the NEP area are those portions of Idaho that are south 
of Interstate Highway 90 and west of Interstate 15, and those portions 
of Montana south of Interstate 90, Highways 93 and 12 from Missoula, 
Montana, west of Interstate 15.

[[Page 65578]]

[GRAPHIC] [TIFF OMITTED] TR26OC10.002

    (ii) The Yellowstone NEP is shown on the following map. The 
boundaries of the NEP area are that portion of Idaho that is east of 
Interstate Highway 15; that portion of Montana that is east of 
Interstate Highway 15 and south of the Missouri River from Great Falls, 
Montana, to the eastern Montana border; and all of Wyoming.

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[GRAPHIC] [TIFF OMITTED] TR26OC10.003

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    (iii) All wolves found in the wild within the boundaries of these 
experimental areas are considered nonessential experimental animals.
* * * * *

    Dated: October 7, 2010.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-26765 Filed 10-25-10; 8:45 am]
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