[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Proposed Rules]
[Page 55839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27977]
[[Page 55839]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
a Petition To Delist Gray Wolves in Minnesota, Wisconsin, and Michigan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; Notice of 90-day petition finding.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to delist the gray wolf (Canis lupus) under
the Endangered Species Act of 1973, as amended (Act). The Service finds
that the petition does not present substantial information indicating
that delisting may be warranted.
DATES: The finding announced in this document was made on October 19,
1998. To be considered in the 12-month finding for this petition,
information and comments should be submitted to the Service by December
18, 1998.
ADDRESSES: Questions, comments, or information concerning this petition
should be sent to the Ecological Services Operations Supervisor, U.S.
Fish and Wildlife Service, Whipple Federal Building, 1 Federal Drive,
Ft. Snelling, Minnesota 55111-4056. The separate petition finding,
supporting data, and comments are available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. T.J. Miller; 612-713-5334 (see
ADDRESSES section).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Act requires that the Service make a
finding on whether a petition to list, delist, or reclassify a species
presents substantial scientific or commercial information to
demonstrate that the petitioned action may be warranted. This finding
is to be based on all information available to the Service at the time
the finding is made. To the maximum extent practicable, the finding
shall be made within 90 days following receipt of the petition and
promptly published in the Federal Register. Following a positive
finding, section 4(b)(3)(B) of the Act requires the Service to promptly
commence a status review of the species.
The processing of this petition conforms with the Service's final
listing priority guidance for fiscal years 1998 and 1999, published in
the Federal Register on May 8, 1998 (63 FR 25502). The guidance calls
for giving highest priority to handling emergency situations (Tier 1);
second highest priority to resolving the listing status of outstanding
proposed listings, resolving the conservation status of candidate
species, processing administrative findings on petitions, and
processing a limited number of delistings and reclassifications (Tier
2); and third priority to processing proposed and final designations of
critical habitat (Tier 3). The processing of this petition falls under
Tier 2.
The Service has made a 90-day finding on a petition to delist the
gray wolf (Canis lupus) in Minnesota, Wisconsin, and Michigan. The
petition, dated February 9, 1998, was submitted by Mr. Lawrence Krak
and was received on February 13, 1998. The petition requested that the
Service delist the gray wolf in these three states, because the wolf is
improperly listed as a subspecies in that area. The petition alleged
that the subspecies listing is invalid because the subspecies found in
these three states freely mixes with wolves in adjacent portions of
Canada. Thus, because the wolves in these three states do not
constitute a valid and listable subspecies, the petition stated that
the gray wolf should be delisted immediately. Mr. Krak sent a second
letter, dated June 15, 1998, which enclosed additional information
relevant to his petition.
A review of the petition and Mr. Krak's subsequent letter and
enclosure indicates that the petition is based upon a misunderstanding
of the scope of the current listing of the gray wolf and of the
Service's Vertebrate Population Policy.
The gray wolf is currently listed throughout the coterminous 48
states and Mexico at the species level; this listing is not based in
any way upon subspecific affiliation or validity. Thus, the claim that
the listing is based upon an improper listing as a subspecies is
invalid. While the subspecies C. l. lycaon was listed as endangered in
Minnesota and Michigan in 1974 (U.S. Fish and Wildlife Service 1974),
that listing was superseded by a 1978 listing (43 FR 9607) of the gray
wolf, C. lupus (i.e., the full species), throughout the 48 coterminous
states and Mexico.
Furthermore, the Service's Vertebrate Population Policy (61 FR
4722, February 7, 1996), promulgated to clarify the definition of
``species'' found in the Act, would allow a listing of a vertebrate
species or subspecies in a portion of the United States even if it
freely mixes with a larger population across an international border.
This policy would allow the Service to list, as a distinct population
segment, the U.S. portion of a wolf subspecies which has a much larger
population in adjacent Canada. Thus, even if the current listing of the
gray wolf was done at the subspecies level, the Vertebrate Population
Policy would encompass it within the scope of the Service's listing
authority.
The Service has reviewed the petition; the material submitted with,
and subsequent to, the petition; and additional information in the
Service's files. The Service also solicited comments and data from the
States and Tribes within the area included in the petition and has
reviewed the information received from those sources. On the basis of
the best scientific and commercial data available, the Service finds
that the petition does not present substantial information that
delisting the gray wolf in Minnesota, Wisconsin, and Michigan may be
warranted.
References Cited
U.S. Fish and Wildlife Service. 1974. United States list of
endangered fauna, May 1974. U.S. Department of the Interior.
Washington, D.C. 20240. 22 pp.
Author: The primary author of this document is Ronald L. Refsnider
of the Service's Regional Office (U.S. Fish and Wildlife Service,
Division of Endangered Species, Bishop Henry Whipple Federal Building,
1 Federal Drive, Ft. Snelling, Minnesota 55111-4056; 612-713-5346).
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).
Dated: October 6, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-27977 Filed 10-16-98; 8:45 am]
BILLING CODE 4310-55-U
