Proposed Rule2022-10382
Endangered and Threatened Wildlife and Plants; Proposed Revision to the Regulations for the Nonessential Experimental Population of the Mexican Wolf
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
May 13, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final supplemental environmental impact statement (FSEIS) on the proposed revisions to the regulations for the nonessential experimental population designation of the Mexican wolf and our draft record of decision, under the National Environmental Policy Act of 1969, as amended. Our intended action is to revise the regulations established in our 2015 final rule under section 10(j) of the Endangered Species Act of 1973, as amended, for the nonessential experimental population of the Mexican wolf. In the FSEIS, we analyzed the environmental consequences of three alternatives, including the proposed action and no action alternative, for our proposed rule. The action would be implemented through a final rule.
Full Text
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<title>Federal Register, Volume 87 Issue 93 (Friday, May 13, 2022)</title>
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[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Proposed Rules]
[Page 29272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10382]
[[Page 29272]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2021-0103; FXES111303WOLF0-223-FF02ENEH00]
RIN 1018-BE52
Endangered and Threatened Wildlife and Plants; Proposed Revision
to the Regulations for the Nonessential Experimental Population of the
Mexican Wolf
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of availability of a final supplemental
environmental impact statement and a draft record of decision.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the final supplemental environmental impact statement
(FSEIS) on the proposed revisions to the regulations for the
nonessential experimental population designation of the Mexican wolf
and our draft record of decision, under the National Environmental
Policy Act of 1969, as amended. Our intended action is to revise the
regulations established in our 2015 final rule under section 10(j) of
the Endangered Species Act of 1973, as amended, for the nonessential
experimental population of the Mexican wolf. In the FSEIS, we analyzed
the environmental consequences of three alternatives, including the
proposed action and no action alternative, for our proposed rule. The
action would be implemented through a final rule.
DATES: The Service will issue the record of decision (ROD) no earlier
than 30 days after the publication date of this document announcing the
availability of the FSEIS.
ADDRESSES: Document availability: The FSEIS and draft ROD are available
electronically on <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-R2-ES-
2021-0103. The FSEIS will also be available for public inspection, by
appointment, during normal business hours (8 a.m. to 4:30 p.m.) at the
New Mexico Ecological Services Field Office, 2105 Osuna Road NE,
Albuquerque, NM 87113.
FOR FURTHER INFORMATION CONTACT: Brady McGee, Mexican Wolf Recovery
Coordinator, U.S. Fish and Wildlife Service, New Mexico Ecological
Services Field Office, 2105 Osuna Road, NE, Albuquerque, NM 87113; by
telephone at 505-761-4748; or by facsimile 505-761-2542. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
You may also visit the Mexican Wolf Recovery Program's website at
<a href="https://www.fws.gov/program/mexican-wolf">https://www.fws.gov/program/mexican-wolf</a> for information about our
proposed revision to the experimental population designation for the
Mexican wolf.
SUPPLEMENTARY INFORMATION:
Reviewing Documents
With this Federal Register document, we announce the availability
of the final supplemental environmental impact statement (FSEIS) and
our draft record of decision (ROD) for the proposed revision to the
regulations for the nonessential experimental population of the Mexican
wolf (Canis lupus baileyi). We developed the FSEIS and our draft ROD in
compliance with the agency decision-making requirements of the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).
We have described all alternatives in detail, and we have evaluated
them in our FSEIS. Our draft ROD is based on our review of the
alternatives and their environmental consequences as described in our
FSEIS. You may obtain a copy of the FSEIS and draft ROD as described
above in ADDRESSES.
Background
On April 15, 2020 (85 FR 20967), we published a notice of intent to
prepare a supplemental environmental impact statement in conjunction
with a proposed rule to revise the existing nonessential experimental
designation of the Mexican wolf in the Mexican Wolf Experimental
Population Area (MWEPA) in Arizona and New Mexico under section 10(j)
of the Endangered Species Act of 1973, as amended (``10(j) rule''). The
revised rule and supplemental environmental impact statement have been
developed in response to a court-ordered remand by the District Court
of Arizona of our 2015 10(j) rule to revise the nonessential
experimental population designation and management of Mexican wolves in
the MWEPA. In the scoping notice, we explained that we would address
the issues on remand in a revised rule by establishing population and
genetic objectives for the MWEPA that support the long-term
conservation and recovery of the Mexican wolf and by ensuring our take
provisions support the genetic health of the population, in addition to
making a new essentiality determination (85 FR 20967, April 15, 2020,
p. 20969).
On October 29, 2021 (86 FR 59953), we published the proposed rule
and draft supplemental environmental impact statement (DSEIS) for a 90-
day public comment period ending January 27, 2022, and we announced
three public information sessions and two public hearings. The DSEIS
analyzed three alternatives, including the proposed action, a second
alternative, and the no action alternative. These alternatives
evaluated a revised population objective, a new genetic objective, and
the temporary restriction of three take provisions on land use,
biological resources, economic activity associated with livestock
production and big game hunting, human health and public safety, and
environmental justice.
Next Steps
We developed our FSEIS after assessing and considering all comments
on the DSEIS and proposed rule both individually and collectively. Our
responses to the substantive comments that we received on the DSEIS are
provided as an appendix to the FSEIS. After full consideration of all
information and comments received on the proposed rule and DSEIS, we
will base the final rule on the best available information.
Authors
The primary authors of this document are the staff members of the
New Mexico Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) and the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
Signing Authority
The Director, U.S. Fish and Wildlife Service, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the U.S. Fish and Wildlife Service. Martha
Williams, Director, approved this document on May 10, 2022, for
publication.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Risk Management, and
Analytics of the Joint Administrative Operations, U.S. Fish and
Wildlife Service.
[FR Doc. 2022-10382 Filed 5-12-22; 8:45 am]
BILLING CODE 4333-15-P
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