Proposed Rule2021-20088
Endangered and Threatened Wildlife and Plants; 90-Day Finding for Two Petitions To List the Gray Wolf in the Western United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 17, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to add the gray wolf (Canis lupus) in the Northern Rocky Mountains and a petition to add the gray wolf in western North America to the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding the species and factors that may affect its status. Based on the status review, we will issue a 12-month petition finding, which will address whether or not the petitioned actions are warranted, in accordance with the Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51857-51859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20088]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2021-0106; FF09E21000 FXES11110900000212]
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
Two Petitions To List the Gray Wolf in the Western United States
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition findings and initiation of status
reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to add the gray wolf (Canis lupus) in the
Northern Rocky Mountains and a petition to add the gray wolf in western
North America to the List of Endangered and Threatened Wildlife under
the Endangered Species Act of 1973, as amended (Act). Based on our
review, we find that the petitions present substantial scientific or
commercial information indicating that the petitioned actions may be
warranted. Therefore, with the publication of this document, we
announce that we plan to initiate a status review to determine whether
the petitioned actions are warranted. To ensure that the status review
is comprehensive, we are requesting scientific and commercial data and
other information regarding the species and factors that may affect its
status. Based on the status review, we will issue a 12-month petition
finding, which will address whether or not the petitioned actions are
warranted, in accordance with the Act.
DATES: The findings announced in this document were made on September
17, 2021. As we commence our status review, we seek any new information
concerning the status of, or threats to, the gray wolf, or its habitats
in the Northern Rocky Mountains and/or Western United States. Any
information we receive during the course of our status review will be
considered.
ADDRESSES:
Supporting documents: A summary of the basis for the petition
findings contained in this document is available on <a href="http://www.regulations.gov">http://www.regulations.gov</a> in Docket No. FWS-HQ-ES-2021-0106. In addition,
this supporting information is available by contacting the person
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the gray
wolf or its habitats in the Northern Rocky Mountains and/or Western
United States, please provide those data or information by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the Search box, enter the docket number
presented above in the document headings. For best results, do not copy
this number from this document but instead type it into the Search box
using hyphens. Then, click on the ``Search'' button. After finding the
correct document, you may submit information by clicking on
``Comment.'' If your information will fit
[[Page 51858]]
in the provided comment box, please use this feature of <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as it is most compatible with our information
review procedures. If you attach your information as a separate
document, our preferred file format is Microsoft Word. If you attach
multiple comments (such as form letters), our preferred format is a
spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2021-0106, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send information only by the methods described
above. We will post all information we receive on <a href="http://www.regulations.gov">http://www.regulations.gov</a>. This generally means that we will post any
personal information you provide us.
FOR FURTHER INFORMATION CONTACT: Marjorie Nelson, Division Manager,
Ecological Services Mountain-Prairie Region, 720-582-3524,
<a href="/cdn-cgi/l/email-protection#8de0ecffe7e2ffe4e8d2e3e8e1fee2e3cdebfafea3eae2fb"><span class="__cf_email__" data-cfemail="056864776f6a776c605a6b6069766a6b456372762b626a73">[email protected]</span></a>. If you use a telecommunications device for the
deaf, please call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding species to, removing species
from, or reclassifying species on the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists) in 50 CFR part 17. Section
4(b)(3)(A) of the Act requires that we make a finding on whether a
petition to add a species to the Lists (i.e., ``list'' a species),
remove a species from the Lists (i.e., ``delist'' a species), or change
a listed species' status from endangered to threatened or from
threatened to endangered (i.e., ``reclassify'' a species) presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. To the maximum extent practicable,
we are to make this finding within 90 days of our receipt of the
petition and publish the finding promptly in the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to credible
scientific or commercial information in support of the petition's
claims such that a reasonable person conducting an impartial scientific
review would conclude that the action proposed in the petition may be
warranted (50 CFR 424.14(h)(1)(i)).
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D);
and
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition, or the action or condition itself. However, the mere
identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an endangered species or threatened
species under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual-, population-, and species-level effects and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that are expected to have positive effects on the
species--such as any existing regulatory mechanisms or conservation
efforts that may ameliorate threats. It is only after conducting this
cumulative analysis of threats and the actions that may ameliorate
them, and the expected effect on the species now and in the foreseeable
future, that we can determine whether the species meets the definition
of an endangered species or threatened species under the Act. If we
find that a petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted, the
Act requires that we promptly commence a review of the status of the
species, and we will subsequently complete a status review in
accordance with our prioritization methodology for 12-month findings
(81 FR 49248; July 27, 2016).
Summary of Petition Findings
Evaluation of Two Petitions To List the Gray Wolf in the Western United
States
Both petitions request listing of a distinct population segment
(DPS) for the gray wolf. The gray wolf (Canis lupus) is a recognized
species by the Integrated Taxonomic Information System.
Species and Range: Gray wolf in the western United States.
Historical range: Western United States, except Southwest.
Current range: CA, CO, ID, MT, OR, WA, WY.
The petitions include two alternative DPSs for listing the gray
wolf in a portion of its range that encompasses the Northern Rocky
Mountains and excludes the range of the listed Mexican gray wolf (C. l.
baileyi): (1) The Northern Rocky Mountains DPS, or (2) a Western DPS.
Petition History
On June 1, 2021, we received a petition (dated May 26, 2021) from
Center for Biological Diversity, the Humane Society of the United
States, Humane Society Legislative Fund, and the Sierra Club requesting
that the gray wolf in the Northern Rocky Mountains be emergency listed
as a threatened species or an endangered species under the Act (first
petition). The Act does not provide for a process to petition emergency
listing; therefore, we are evaluating this petition under the normal
process of determining if it presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted.
[[Page 51859]]
On July 29, 2021, we received a new petition (dated July 29, 2021) from
Western Watersheds Project and 70 other organizations requesting that
the gray wolf in western North America be listed as an endangered
species under the Act (second petition). On August 10, 2021, we
received an addendum (dated August 9, 2021) to the second petition.
Both petitions clearly identified themselves as such and included the
requisite identification information for the petitioner, required at 50
CFR 424.14(c). This finding addresses both petitions.
Evaluation of Information Summary and Finding
We reviewed the petitions, sources cited in the petitions, and
other readily available information. We considered the factors under
section 4(a)(1) and assessed the effect that the threats identified
within the factors--as may be ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petitions and readily available information regarding human-caused
mortality, we find that the petitioners present credible and
substantial information that human-caused mortality (Factor B) may be a
potential threat to the species in Idaho and Montana. These two States
include approximately 75 percent of gray wolves in a potential Northern
Rocky Mountains or Western DPS. The petitioners also provide credible
and substantial information that new regulations in these two States
may be inadequate to address this potential threat (Factor D).
Therefore, we find that the petitions present substantial information
indicating that the petitioned action may be warranted in a Northern
Rocky Mountains or Western DPS. The petitioners also presented
information suggesting that habitat modification due to a reduced prey
base (Factor A), disease (Factor C), and loss of genetic diversity
caused by isolation and small population size (Factor E) may be threats
to the gray wolf. We will fully evaluate these and all other potential
threats, as well as the validity of each DPS, in detail based on the
best scientific and commercial data available when we conduct the
status assessment and make the 12-month finding.
The basis for our finding on these petitions, and other information
regarding our review of the petitions, can be found as an appendix at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket No. FWS-HQ-ES-2021-0106 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we
have determined that the petitions summarized above for the gray wolf
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. We are, therefore,
initiating a status review of the species to determine whether the
actions are warranted under the Act. At the conclusion of the status
review, we will issue a finding, in accordance with section 4(b)(3)(B)
of the Act, as to whether the petitioned actions are not warranted,
warranted, or warranted but precluded by pending proposals to determine
whether any species is an endangered species or a threatened species.
Authors
The primary authors of this document are staff members of the
Ecological Services Program, U.S. Fish and Wildlife Service.
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Gary Frazer,
Assistant Director, Ecological Services, U.S. Fish and Wildlife
Service.
[FR Doc. 2021-20088 Filed 9-16-21; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 17, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.