Proposed Rule2021-24809
Endangered and Threatened Wildlife and Plants; Replacement of the Regulations for the Nonessential Experimental Population of Red Wolves in Northeastern North Carolina
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
November 15, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule to replace the existing regulations governing the North Carolina nonessential experimental population designation of the red wolf (Canis rufus) under section 10(j) of the Endangered Species Act (Act), as amended. Based on recent court decisions involving the North Carolina nonessential experimental population designation of the red wolf (NC NEP), having considered the public comments submitted in response to the proposed rule, and upon further consideration of the proposal, we have determined that withdrawing the proposed rule is the best course of action at this time. The NC NEP will be managed under the provisions of the existing regulations and as informed by relevant court orders.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Proposed Rules]
[Pages 62980-62982]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24809]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2018-0035; FXES11130400000-212-FF04E00000]
RIN 1018-BB98
Endangered and Threatened Wildlife and Plants; Replacement of the
Regulations for the Nonessential Experimental Population of Red Wolves
in Northeastern North Carolina
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the
proposed rule to replace the existing regulations governing the North
Carolina nonessential experimental population designation of the red
wolf (Canis rufus) under section 10(j) of the Endangered Species Act
(Act), as amended. Based on recent court decisions involving the North
Carolina nonessential experimental population designation of the red
wolf (NC NEP), having considered the public comments submitted in
response to the proposed
[[Page 62981]]
rule, and upon further consideration of the proposal, we have
determined that withdrawing the proposed rule is the best course of
action at this time. The NC NEP will be managed under the provisions of
the existing regulations and as informed by relevant court orders.
DATES: The U.S. Fish and Wildlife Service is withdrawing the proposed
rule published on June 28, 2018 (83 FR 30382), as of November 15, 2021.
ADDRESSES: This withdrawal of the proposed rule and supporting
documents are available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
at Docket No. FWS-R4-ES-2018-0035.
FOR FURTHER INFORMATION CONTACT: Pete Benjamin, Field Supervisor, U.S.
Fish and Wildlife Service, Raleigh Ecological Services Field Office,
551F Pylon Drive, Raleigh, NC 27606; telephone 919-856-4520; or
facsimile 919-856-4556. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
Please refer to our June 28, 2018, proposed rule (83 FR 30382) for
a detailed description of previous Federal actions concerning the red
wolf.
Service Actions
On April 24, 2018, the Service completed a species status
assessment (SSA) and 5-year status review for the red wolf. The SSA
represents a compilation of the best scientific and commercial data
available concerning the status of the species, including the impacts
of past, present, and future factors (both negative and beneficial)
affecting the red wolf. The SSA can be found on the Southeast Region
website at <a href="https://www.fws.gov/southeast/wildlife/mammals/red-wolf/">https://www.fws.gov/southeast/wildlife/mammals/red-wolf/</a> and
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-2018-0035. In
the 5-year status review, we determined that the species continues to
meet the definition of an endangered species, as defined under section
3 of the Act (16 U.S.C. 1531 et seq.), and did not recommend a change
in status. The 5-year review is available at <a href="https://ecos.fws.gov/docs/five_year_review/doc5714.pdf">https://ecos.fws.gov/docs/five_year_review/doc5714.pdf</a>.
On June 28, 2018, we published in the Federal Register (83 FR
30382) a proposed rule to replace the existing regulations governing
the NC NEP, which were codified in 1995 (see 60 FR 18940; April 13,
1995), in title 50 of the Code of Federal Regulations (CFR) at Sec.
17.84(c) (50 CFR 17.84(c)). In the June 28, 2018, proposed rule, we
made available a draft environmental assessment for the proposed
regulations, and we opened a 30-day comment period, which ended July
30, 2018. On July 10, 2018, we held a public information session and
public hearing on the proposed rule and draft environmental assessment.
On August 13, 2018, we published in the Federal Register (83 FR 39979)
a document reopening the proposed rule's comment period for another 15
days to allow the public an additional opportunity to review and
comment on the proposed rule and draft environmental assessment.
Legal Actions
On November 12, 2015, Southern Environmental Law Center, on behalf
of Red Wolf Coalition, Defenders of Wildlife, and the Animal Welfare
Institute (plaintiffs), filed a complaint challenging the Service's
management of the NC NEP, alleging, in part, that we violated section 9
of the Act by authorizing take of red wolves by private landowners
without satisfying the requirements of 50 CFR 17.84(c)(4)(v). On
September 28, 2016, the U.S. District Court for the Eastern District of
North Carolina (Court) issued a preliminary injunction prohibiting the
take of red wolves either directly or by landowner authorization,
pursuant to 50 CFR 17.84(c)(4)(v) and (c)(10), without first
demonstrating that the red wolf is a threat to human safety or the
safety of livestock (see Red Wolf Coal v. United States Fish & Wildlife
Serv., 210 F. Supp. 3d 796 (E.D.N.C. 2016)). On November 4, 2018, the
Court permanently enjoined the Service from taking red wolves either
directly or by landowner authorization, pursuant to 50 CFR
17.84(c)(4)(v) and (c)(10) without first demonstrating that such red
wolves are a threat to human safety or the safety of livestock or pets
(see Red Wolf Coal v. United States Fish & Wildlife Serv., 346 F. Supp.
3d 802 (E.D.N.C. 2018)). At that time, we announced that we would
evaluate the implications of the Court's decision on the June 28, 2018,
proposed rule.
On November 16, 2020, plaintiffs filed a complaint against the
Service alleging violations of the Act and of the Administrative
Procedure Act (APA; 5 U.S.C. 551 et seq.) in connection with management
of the NC NEP. Specifically, they alleged that the Service interpreted
its existing regulations at 50 CFR 17.84(c) as prohibiting additional
releases of captive red wolves into the NC NEP and prohibiting
implementation of the Red Wolf Adaptive Management Work Plan (RWAMWP)
and that this interpretation constituted a new policy that was adopted
in contravention of the Act and the APA. Shortly after filing the suit,
plaintiffs filed a motion for preliminary injunction to require the
Service to release red wolves from captivity and reinstate the use of
the RWAMWP. On January 22, 2021, the Court granted plaintiffs' motion
for preliminary injunction determining that plaintiffs were likely to
succeed on the merits of their claims that the Service adopted a policy
preventing the Service from releasing captive red wolves into the NC
NEP in violation of the Act and the APA. The Court's injunction barred
the Service from effecting this policy and ordered the Service to
develop a plan to release red wolves into the NC NEP and submit the
plan to the Court by March 1, 2021 (see Red Wolf Coalition v. U.S. Fish
and Wildlife Service (No. 2:20-CV-75-BO) (January 22, 2021)). On March
1, 2021, the Service filed with the Court our plan to release red
wolves into the NC NEP. On April 14, 2021, the Court issued an order
directing the Service to immediately implement that release plan.
Background
On April 13, 1995, we published in the Federal Register (60 FR
18940) a final rule amending the regulations at 50 CFR 17.84(c) for the
nonessential experimental populations of red wolves in North Carolina
and Tennessee. Since that time, the NC NEP has been managed under the
regulations set forth in the April 13, 1995, final rule at 50 CFR
17.84(c). On June 28, 2018, we published in the Federal Register (83 FR
30382) a proposed rule to replace those existing regulations. The
purpose of the proposed rule was to incorporate the most recent science
and lessons learned related to the management of red wolves to further
the conservation of the species. We proposed to establish a more
manageable wild population that would allow for more resources to
support the captive population component of the red wolf program (which
is the genetic fail safe for the species), serve the future needs of
new reintroduction efforts, retain the influences of natural selection
on the species, eliminate regulatory burden on private landowners, and
provide a population for continued scientific research on wild red wolf
behavior and population management.
The June 28, 2018, rule proposed to:
<bullet> Establish an NC NEP management area to include Alligator
River National Wildlife Refuge (NWR) and the Dare County Bombing Range.
A small group (i.e., one or two packs likely consisting
[[Page 62982]]
of fewer than 15 animals) of red wolves would be maintained in the NC
NEP management area and actively managed under the RWAMWP.
<bullet> Specify that the primary role of the NC NEP would be to
provide a source of red wolves that are raised in, and adapted to,
natural conditions for the purpose of facilitating future
reintroductions.
<bullet> Not prohibit take of red wolves on private lands and non-
Federal public lands outside of the NC NEP management area.
Withdrawal of Proposed Rule
During the two comment periods on the June 28, 2018, proposed rule,
we received more than 16,000 public comments. Of those, more than 99
percent of the comments opposed the proposed rule and recommended
greater conservation efforts for red wolves in the NC NEP. In general,
commenters were concerned about the reduction in the size of the NEP
area and lack of take prohibitions on private and non-Federal lands
outside the NC NEP management area; many commenters asserted that the
proposed rule did not further the conservation of the red wolf.
Additionally, many commenters recommended that the rule include
measures for improving working relationships with private landowners
and other stakeholders, and foster increased tolerance of red wolves on
private lands.
After fully considering the recent court decisions involving the NC
NEP discussed above under Legal Actions and concerns raised in the
comments we received in response to the June 28, 2018, proposed rule,
we are withdrawing the June 28, 2018, proposed rule. We will manage the
NC NEP under the existing regulations at 50 CFR 17.84(c), as informed
by relevant court orders, which include authority to release captive
red wolves and conduct adaptive management. The NC NEP will continue to
encompass the five counties of the Albemarle Peninsula in North
Carolina (Beaufort, Dare, Hyde, Tyrrell, and Washington Counties).
Furthermore, the Service currently has a permit from the North Carolina
Wildlife Resources Commission (which regulates take of coyotes)
authorizing the Service to conduct coyote sterilization on Federal
lands and non-Federal lands with the written consent of the landowner
within the five-county NC NEP.
Authorized take will be limited to protection of oneself or others
from potential harm, protection of livestock or pets in immediate
danger, and unintentional take. Otherwise, take prohibitions under
section 9 of the Act will be enforced. While we remain concerned that
the existing regulations at 50 CFR 17.84(c) may not provide some
private landowners and stakeholders with the management flexibility
sufficient to improve tolerance of red wolves, we continue to work with
stakeholders to identify ways to foster more effective coexistence
between people and wolves. For example, the Service has implemented a
new project under its Partners for Fish and Wildlife Program, Prey for
the Pack, which is intended to improve these relationships and create a
more supportive environment for conservation of red wolves. Through
this program, the Service works with willing private landowners within
the NC NEP to provide funding and technical assistance to restore and
enhance habitat on private lands to benefit red wolf prey species
(e.g., white-tailed deer, rabbits) in exchange for landowner
willingness to tolerate red wolf use of their property and to provide
the Service access to conduct red wolf management activities. We will
continue to work with our partners and stakeholders to establish the
support necessary for red wolf conservation.
Authors
The primary authors of this rule are the staff members of the
Service's South Atlantic-Gulf Interior Region.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-24809 Filed 11-12-21; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on November 15, 2021.
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