[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Proposed Rules]
[Pages 19237-19248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10665]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD07
Endangered and Threatened Wildlife and Plants; Proposed
Establishment of a Nonessential Experimental Population of the Mexican
Gray Wolf in Arizona and New Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to
reintroduce the endangered Mexican gray wolf (Canis lupus baileyi) into
two designated recovery areas within the subspecies' probable historic
range. The Blue Range Wolf Recovery Area consists of the entire Apache
and Gila National Forests in east-central Arizona and west-central New
Mexico. The White Sands Wolf Recovery Area consists of all land within
the boundary of the White Sands Missile Range in south-central New
Mexico together with designated land immediately to the west. The
wolves reintroduced into these areas are classified as one nonessential
experimental population under section 10(j) of the Endangered Species
Act (Act) of 1973, as amended. The proposed rule sets forth management
directions and provides for limited allowable legal take of wolves
within a defined Mexican Wolf Experimental Population Area.
DATES: Comments from all interested parties must be received by July 1,
1996.
ADDRESSES: Send comments and materials concerning this proposal to the
Mexican Wolf Recovery Program, U.S. Fish and Wildlife Service, P.O. Box
1306, Albuquerque, New Mexico 87103-1306. Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the above address. Copies of the draft
Environmental Impact Statement or its summary can be obtained at this
address.
FOR FURTHER INFORMATION CONTACT: Mr. David R. Parsons (see ADDRESSES
section) at telephone 505/248-6920; or facsimile 505/248-6922.
SUPPLEMENTARY INFORMATION:
Background
Legislative: The Endangered Species Act Amendments of 1982, Pub. L.
97-304, made significant changes to the Act, including the creation of
section 10(j), which provides for the designation of specific
populations of listed species as ``experimental populations.'' Under
previous authorities of the Act, the Service was permitted to
reestablish (reintroduce) populations of a listed species into
unoccupied portions of its historic range for conservation and recovery
purposes. However, local opposition to reintroduction efforts, stemming
from concerns by some about potential restrictions, and prohibitions on
Federal and private activities contained in sections 7 and 9 of the
Act, reduced the effectiveness of reintroduction as a management tool.
Under section 10(j), a population of a listed species reestablished
outside its current range but within its probable historic range may be
designated as ``experimental,'' at the discretion of the Secretary of
Interior (Secretary), if reintroduction of the experimental population
furthers the conservation of the listed species. An experimental
population must be separate geographically from nonexperimental
populations of the same species. Designation of a population as
experimental increases the Service's management flexibility.
Additional management flexibility exists if the Secretary finds the
experimental population to be ``nonessential'' to the continued
existence of the species. For purposes of section 7 (except section
7(a)(1), which requires Federal agencies to use their authorities to
conserve listed species), nonessential experimental populations located
outside national wildlife refuge or national park lands are treated as
if they are proposed for listing. This means that Federal agencies are
under an obligation to confer (as if the species were only proposed for
listing) as opposed to consult (required for a listed species) on any
actions authorized, funded, or carried out by them that are likely to
jeopardize the continued existence of the species. Nonessential
experimental populations located on national wildlife refuge or
national park lands are treated as threatened, and formal consultation
may be required. Activities undertaken on private lands are not
affected by section 7 of the Act unless they are authorized, funded, or
carried out by a Federal agency.
Individual animals used in establishing an experimental population
can be removed from a source population if their removal is not likely
to jeopardize the continued existence of the species (see Findings
Regarding Reintroduction, below), and a permit has been issued in
accordance with 50 CFR Part 17.22.
The Mexican wolf was listed as an endangered subspecies on April
28, 1976 (41 FR 17742). The gray wolf species in North America south of
Canada was listed as endangered (except in Minnesota where it was
listed as threatened) without reference to subspecies on March 9, 1978
(43 FR 9607). The Mexican Wolf Recovery Plan was adopted by the
Directors of the Service and the Mexican Direccion General de la Fauna
Silvestre in 1982. The plan guides recovery efforts for the subspecies,
laying out a series of recommended actions. The recovery plan is
currently being revised, and the revised document will more precisely
define the points at which downlisting and delisting will occur.
Biological: This proposed experimental population rule addresses
the Mexican wolf (Canis lupus baileyi), an endangered subspecies of
gray wolf that was extirpated from the southwestern United States by
1970. The gray wolf (C. lupus) is native to most of North America north
of Mexico City. An exception is in the southeastern United States,
which was occupied by the red wolf (C. rufus). The gray wolf occupied
areas that supported populations of hooved mammals (ungulates), its
major food source.
The Mexican wolf historically occurred over much of New Mexico,
Arizona, Texas, and northern Mexico, mostly in or near forested,
mountainous terrain. Numbering in the thousands before European
settlement, the Mexican wolf declined rapidly when its reputation as a
livestock killer led to concerted eradication efforts. Other factors
contributing to its decline were commercial and recreational hunting
and trapping of wolves; killing of wolves by game managers on the
theory that more game animals would be available for hunters; habitat
alteration; and human safety concerns (although no documentation exists
of Mexican wolf attacks on humans).
The subspecies is now considered extirpated from its historic range
in the southwestern United States because no wild wolf has been
confirmed since 1970. Occasional sightings of ``wolves'' continue to be
reported from United States locations, but none have been confirmed
through clear evidence. Recent field research has revealed no confirmed
reports of wolves remaining in Mexico. Investigations are continuing.
[[Page 19238]]
When Mexican wolves were eradicated, their natural history was
poorly understood. Appendix A to the draft Environmental Impact
Statement provides life history and biological descriptions of Mexican
wolves to the extent they are known or can be inferred from historical
evidence, observations of captive Mexican wolves, and studies of gray
wolves in other geographic regions. (The draft Environmental Impact
Statement should be referred to for background and supporting
information and literature references on all aspects of this proposed
rule; see ADDRESSES section.)
Recovery efforts: The Mexican Wolf Recovery Plan's objective is to
conserve and ensure survival of the subspecies by maintaining a captive
breeding program and reestablishing a viable, self-sustaining
population of at least 100 Mexican wolves in a 5,000 square mile area
within the subspecies' historic range. (The recovery plan is currently
under revision.)
A captive breeding program was established in the 1970's with two
wild male Mexican wolves caught from 1977 to 1980 (from Durango and
Chihuahua, Mexico) and one wild pregnant female wolf caught in 1978
(from Durango, Mexico). Two additional captive populations were
determined in July 1995 to be pure Mexican wolves; each has two
founders. The captive population has increased to 139 as of March 1996;
114 are held at 23 facilities in the United States and 25 at five
facilities in Mexico. This population has been managed since 1990 for
maximum reproduction to support the proposed reintroduction effort. The
goal is to have at least 100 animals in the United States facilities
prior to any releases into the wild.
On April 20, 1992, the Service issued a ``Notice of Intent to
Prepare an Environmental Impact Statement on the Experimental
Reintroduction of Mexican Wolves (Canis lupus baileyi) into Suitable
Habitat within the Historic Range of the Subspecies'' (57 FR 14427).
This notice also announced the time and place of public scoping
meetings. The draft Environmental Impact Statement was released for
public review and comment on June 27, 1995 (60 FR 33224). The location
and times of 14 public meetings were also announced in this notice. In
September of 1995, the Service announced that three public hearings
would be held in October 1995 (60 FR 49628). All announced meetings and
hearings were held. The public comment period closed on October 31,
1995. Approximately 18,000 people have commented or expressed an
opinion on the draft Environmental Impact Statement. Following an
analysis of the public comments, a final Environmental Impact Statement
will be issued around July 1996.
The proposed Mexican wolf recovery actions and this proposed rule
were developed by the Service after consultation with representatives
of Federal, State, and other agencies, with potentially affected
private parties, and with wolf experts nationally. Public comments
received at and after scoping meetings for the draft Environmental
Impact Statement were considered. (See draft Environmental Impact
Statement, Chapter 1 section on Scoping and Chapter 5-Consultation and
Coordination.)
Mexican wolf recovery areas: The Service has determined that the
proposed reintroductions in the White Sands Wolf Recovery Area and the
Blue Range Wolf Recovery Area have the greatest potential for
successfully achieving the current recovery objective for Mexican
wolves. (See paragraph (j)(6) of the proposed rule and Figures 1 and 2
for precise boundaries of these areas. Chapters 2 and 3 of the draft
Environmental Impact Statement describe the selection of these two
areas and provide detailed descriptions of them.)
The two wolf recovery areas are within the Mexican wolf's probable
historic range. Both contain vast, relatively remote, and isolated
expanses of federally-managed land. Suitable wolf habitat containing
relatively abundant prey such as deer and elk is available. As the
Mexican wolf is considered extinct in the wild in the United States,
both areas are wholly separate geographically from any known,
naturally-occurring nonexperimental populations of wild wolves. A
larger Mexican Wolf Experimental Population Area, which also is wholly
separate geographically from any known, naturally-occurring
nonexperimental populations of wild wolves, is defined in the rule,
paragraph (j)(6), (see Figure 3). Mexican wolf recovery is not proposed
throughout this larger area. Its purpose is to establish that any wild
wolf found in this larger area is a member of the nonessential
experimental population, and therefore subject to the provisions of
this rule, and not an ``endangered'' status wolf with full protection
of the Act.
Reintroduction procedures: Male and female pairs from the captive
population will be selected for release based on genetics, reproductive
performance, behavioral compatibility, response to the adaptation
process, and other factors. Selected pairs will be moved to the
Service's captive wolf management facility on the Sevilleta National
Wildlife Refuge in central New Mexico where measures will be taken to
improve their adaptation to life in the wild.
Wolves will be reintroduced by a ``soft release'' approach designed
to reduce the likelihood of quick dispersal away from the release
areas. This involves holding the animals in pens on site for up to
several months in order to acclimate them and to increase their
affinity for the area. (The soft release approach is described in more
detail in Chapter 2 of the draft Environmental Impact Statement.) The
releases will begin in 1996 or as soon thereafter as feasible.
Approximately five family groups of captive raised Mexican wolves
will be released over a period of 3 years into the White Sands Wolf
Recovery Area, with the goal of reaching a long-term sustainable
subpopulation of 20 wolves by 1998. In the Blue Range Wolf Recovery
Area, approximately 14 family groups will be released over a period of
5 years, with the goal of reaching a long-term sustainable
subpopulation of 100 wild wolves by 2004. The proposed action is
flexible, using either the White Sands Wolf Recovery Area or the Blue
Range Wolf Recovery Area, or both, and in the order of their use.
Management of the reintroduced population: The proposed
nonessential experimental designation enables the Service to develop
measures for management of the population that are less restrictive
than the mandatory prohibitions that protect species with
``endangered'' status. This includes limited allowance of both
governmental and private take of individual wolves under narrowly
defined circumstances. Management flexibility is needed to make
reintroduction compatible with current and planned human activities,
such as livestock grazing and hunting, in the reintroduction area. It
is also critical to obtaining needed State, tribal, local, and private
cooperation. Thus, this flexibility will improve the likelihood of
success.
Reintroduction will occur under management plans that allow
dispersal by the new wolf subpopulations beyond the primary recovery
zones where they will be released, into the secondary recovery zones of
the two designated wolf recovery areas (see Figures 1 and 2). The
Service and cooperating agencies will not allow the wolves to establish
territories outside these wolf recovery area boundaries without
landowner consent on private or tribal lands within the Mexican Wolf
Experimental Population Area.
[[Page 19239]]
No measures are expected to be needed to isolate the experimental
population from naturally occurring populations because no Mexican
wolves are now known to occur in the wild. However, the Service will
attempt to take every reasonable step to ensure that no naturally
occurring wild population (see definition in Rule Glossary) that might
exist within the recovery areas (which is considered highly unlikely)
are affected by the reintroduction of captive-raised, nonessential
experimental wolves. Surveys for wolf sign in these areas will be
conducted prior to any reintroduction. If a naturally occurring wild
population is found within one or both of the designated wolf recovery
areas, the proposed reintroduction there would not go forward with such
wild wolves present. Further, if a naturally occurring wild population
is found within one or both of the designated wolf recovery areas
within 90 days after members of the experimental population are
initially released (which also is considered highly unlikely), all
wolves in the reintroduced sub-population in such recovery area(s)
would be removed and the reintroduction would not continue there. Such
a wild population would have full endangered status under the Act.
Identification and monitoring: Prior to placement in release pens,
the adult wolves will receive permanent identification marks and radio
collars. Pups will receive surgically implanted transmitters prior to
release and the pups will be recaptured and fitted with radio collars
when they are large enough. Wild-born pups of the reintroduced
population that are captured will be given a permanent identification
mark and radio collar.
The Service and cooperating agencies will measure the success or
failure of the reintroductions, and the effects of such success or
failure on the conservation and recovery of Mexican wolves, by
continuously monitoring, researching, and evaluating the status of
released wolves in the wild. The agencies will prepare periodic
progress reports, annual reports, and full evaluations after 3 and 5
years that will recommend continuation or termination of the
reintroduction effort. The reports will also evaluate whether, and how,
to use the second wolf recovery area, that is, the one not used
initially.
Findings regarding reintroduction: The Service finds that the
reintroduced experimental population is reasonably likely to become
established and survive in the wild within the Mexican wolf's probable
historic range. Under the proposed rule and based on available data,
the Service projects that the Blue Range Wolf Recovery Area
subpopulation will achieve the 1982 Mexican Wolf Recovery Plan goal of
100 wolves occupying 5,000 square miles by 2004.
The White Sands Wolf Recovery Area will support an estimated 20
wolves occupying 1,000 square miles by 1998. This likely would not be
an independently viable subpopulation. Nevertheless, a subpopulation in
this size range could be maintained through supplemental releases (or,
speculatively, by natural immigration of wolves from another nearby
population if one existed, e.g., from a reintroduced subpopulation in
the Blue Range Wolf Recovery Area). Even if the White Sands Wolf
Recovery Area subpopulation is not viable, per se, the Service finds
that, through monitoring and research, such a reintroduction would
provide vital information about the ecology and behavior of wild
Mexican wolves and about the ability of captive-raised gray wolves to
survive in the wild. A reintroduction there would provide a valuable
assessment of the soft release approach to reintroducing captive-raised
wolves. Further, wolves successfully reintroduced into the White Sands
Wolf Recovery Area could be used as release stock for future
reintroductions elsewhere, which would increase the likelihood of
success compared to using captive-raised wolves as release stock.
Some members of the experimental population are expected to die
during the reintroduction efforts after removal from the captive
population. The Service finds that even if the entire experimental
population died, this would not appreciably reduce the prospects for
future survival of the subspecies in the wild. That is, future
reintroductions still would be feasible even if the reintroductions
proposed here failed. The individual Mexican wolves selected for
release will be as genetically redundant with other members of the
captive population as possible, thus minimizing any adverse effects on
the genetic integrity of the remaining captive population. The Service
has detailed lineage information on each captive Mexican wolf. The
captive population is managed for the Service under the American Zoo
and Aquarium Association's Species Survival Plan program. The
Association maintains a Studbook and provides an expert advisor for
small population management.
Management of the demographic and genetic makeup of the population
is guided by the SPARKS computer program. Kinship values, which range
from zero to one, are a measure of the relatedness of an individual to
the rest of the population. Wolves with higher kinship values are
genetically well-represented in the population. Only those individuals
whose kinship values are above the mean for the captive population as a
whole will be used for release. In addition, the PEDPAC computer
program will be used to identify suitable release candidates by
examining the influence of removing an individual animal on the
survival of the founders' genes. This management approach will
adequately protect the genetic integrity of the captive population and
thus the continued existence of the subspecies. The United States
captive population of Mexican wolves has approximately doubled in the
last 3 years demonstrating the captive population's reproductive
potential to replace reintroduced wolves that die. In view of all these
safeguards the Service finds that the reintroduced population would not
be ``essential'' under 50 CFR 17.81(c)(2).
The Service finds that release of the experimental population will
further the conservation of the subspecies and of the gray wolf species
as a whole. Currently, no viable populations of the Mexican wolf
subspecies are known to exist in the wild. No wild populations of the
gray wolf species are known to exist in the United States south of
Montana, Minnesota, Wisconsin, and Michigan. (The Service is in the
process of reintroducing wild gray wolves from Canada into central
Idaho and Yellowstone National Park in Wyoming.) The Mexican wolf is
the most southerly and the most genetically distinct of all North
American gray wolf subspecies. The Mexican wolf is also considered the
rarest of the surviving (nonextinct) subspecies and has been accorded
the highest recovery priority by international wolf experts.
Releasing captive-raised Mexican wolves furthers the objective of
the Mexican Wolf Recovery Plan. The Plan, if fully implemented, will
result in the reestablishment of a wild population of at least 100
Mexican wolves. Also, release of wolves into the wild will reduce the
potential negative effects of keeping them in captivity in perpetuity.
If a reintroduction into the wild from the captive population does not
occur within a reasonable period of time, genetic, physical, or
behavioral changes resulting from prolonged captivity could render the
captive animals unsuited for reintroduction and devastate their
prospects for recovery.
Designation of the released wolves as nonessential experimental is
considered necessary to obtain needed State, tribal,
[[Page 19240]]
local, and private cooperation. This designation also allows for
management flexibility to mitigate negative impacts of Mexican wolf
recovery, such as livestock depredation. Without such flexibility
intentional illegal killing of wolves would likely harm the prospects
for successful recovery.
Potential for conflict with Federal and other activities: As
indicated, considerable management flexibility has been incorporated
into the proposed experimental population rule to reduce potential
conflicts between wolves and the activities of governmental agencies,
livestock operators, hunters, and others. No major conflicts with
current management of Federal, State, private, or tribal lands are
anticipated. Mexican wolves are expected to be able to tolerate most of
the current land uses in the designated wolf recovery areas. However,
temporary restrictions on human activities may be imposed around
release sites, active dens, and rendezvous sites. Limited backcountry
National Forest road closures may be necessary if illegal killings of
wolves occur; this would not affect the White Sands Wolf Recovery Area.
Also, the USDA's Animal Damage Control Division will discontinue use of
M-44's and choking-type snares in ``occupied Mexican wolf range'' (see
definition in proposed Section 17.84(j)(10)). Other predator control
activities may be restricted or modified pursuant to a cooperative
management agreement or a conference between the United States
Department of Agriculture's Animal Damage Control Division and the
Service.
The Service and other authorized agencies may harass, take, remove,
or translocate Mexican wolves under certain circumstances described in
detail in the proposed rule. Private citizens also are given broad
authority to harass Mexican wolves (for purposes of scaring them away
from livestock) and they may take (including to kill or injure) them
under narrow circumstances, that is, in cases of defense of human life
or when wolves are in the act of attacking their livestock (if certain
conditions are met). In addition, ranchers can seek compensation from a
privately-funded depredation compensation fund if depredation on their
livestock occurs.
The Service does not intend to change the proposed ``nonessential
experimental'' designation to ``essential experimental,''
``threatened'', or ``endangered'' and the Service does not intend to
designate critical habitat for the Mexican wolf. Critical habitat can
not be designated under the nonessential experimental classification,
16 U.S.C. 1539(j)(2)(C)(ii). The Service foresees no likely situation
which would result in such changes in the future. Nevertheless, to
ensure that such changes do not occur, the following condition exists
in the proposed rule, paragraph (j)(9)--if legal actions or lawsuits
compel a change in the population's legal status to essential
experimental, threatened, or endangered, or compel the designation of
critical habitat for wolves within the experimental population area,
then all reintroduced Mexican wolves will be removed from the wild and
the experimental population rule will be revoked.
Public Comments Solicited
The Service solicits comments or suggestions on the proposed
experimental population rule from the public, States, tribes, other
concerned governmental agencies, the scientific community, industry,
potentially affected landowners, or any other interested party.
Comments must be received within 60 days of publication of this
proposed rule in the Federal Register.
The Service will hold public hearings to obtain additional verbal
and written information. The location, dates, and times of these
hearings will be announced in a forthcoming issue of the Federal
Register, in newspapers, and in a mailing to those persons on the
Mexican Wolf Recovery Program mailing list.
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service.
These may lead to a final rule that differs from this proposal.
National Environmental Policy Act
A draft Environmental Impact Statement on the Service's proposal to
reintroduce the Mexican wolf in the southwestern United States has been
prepared and is available to the public (see ADDRESSES section). The
draft Environmental Impact Statement should be referred to for analysis
of the Proposed Action and alternatives to it; also, the draft
Environmental Impact Statement contains detailed references for the
background information provided here.
Required Determinations
This proposed rule has been reviewed by the Office of Management
and Budget under Executive Order 12866. The rule will not have
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). The final
rule will not significantly change costs to industry or governments.
Furthermore, the rule produces no adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States enterprises to compete with foreign-based enterprises in
domestic or export markets.
This proposed rule has been reviewed under Executive Order 12630,
the Attorney General Guidelines, Department Guidelines, and the
Attorney General Supplemental Guidelines to determine the takings
implications of the proposed rule, if it were promulgated as currently
drafted. One issue of concern is the depredation of livestock by
reintroduced wolves. However, such depredation by a wild animal would
not be a ``taking'' under the 5th Amendment. One of the reasons for the
experimental nonessential designation is to allow the agency and
private entities flexibility in managing the wolves, including the
elimination of a wolf when there is a confirmed kill of livestock.
This proposed rule has been reviewed under Executive Order 12612 to
determine Federalism considerations in policy formulation and
implementation. Evidently, one or more counties in the vicinity of the
wolf reintroduction area have enacted ordinances specifically
prohibiting the introduction of the wolf (among other species) within
county boundaries. However, the United States Congress has given the
Secretary of the Interior explicit statutory authority, in section
10(j) of the Act, to promulgate this rule, and under the Supremacy
Clause of the United States Constitution, this has the effect of
preempting State regulation of wildlife to the extent in conflict with
this proposed rule. Nevertheless, the Service has endeavored to
cooperate with State wildlife agencies and county and tribal
governments in the preparation of this proposed rule.
Author
The primary author of this document is Mr. David R. Parsons (see
ADDRESSES section) at telephone 505/248-6920; or facsimile 505/248-
6922.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
[[Page 19241]]
PART 17--[AMENDED]
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.
2. In Sec. 17.11(h), the table entry for ``Wolf, gray'' under
MAMMALS is revised to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------ population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Mammals
* * * * * * *
Wolf, gray...................... Canis lupus........ Holarctic......... U.S.A. (48 E 1. 6. 13. 35, 561, 17.95(a) NA
conterminous 562,______.
States. except MN
and where listed
as an
experimental
population)..
Do.............................. ......do........... ......do.......... U.S.A. (MN)....... T 35................. 17.95(a) 17.40(d)
Do.............................. ......do........... ......do.......... U.S.A. (WY and XN 561, 562........... NA
portions of ID 17.84(i)
and MT--see
17.84(i))..
Do.............................. ......do........... ......do.......... U.S.A. (specific XN NA................. 17.84(j).
portions of AZ
NM. and TX--see
17.84(j))..
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Section 17.84 is amended by adding paragraph (j) to read as
follows:
Sec. 17.84 Special rules--vertebrates.
* * * * *
(j) Mexican gray wolf (Canis lupus baileyi).
(1) The Mexican gray wolf (Mexican wolf) subpopulations
reestablished in the Blue Range Wolf Recovery Area and in the White
Sands Wolf Recovery Area within the Mexican Wolf Experimental
Population Area, identified in paragraph (j)(6) of this section, are
one nonessential experimental population. This nonessential
experimental population will be managed in accordance with these
provisions.
(2) The Fish and Wildlife Service (Service) finds that
reintroduction of an experimental population of Mexican wolves into the
subspecies' probable historic range will further the conservation of
the Mexican wolf subspecies and of the gray wolf species. The Service
also finds that the experimental population is not ``essential,'' under
50 CFR 17.81(c)(2).
(3) You must not take any wolf in the wild within the Mexican Wolf
Experimental Population Area except as provided in this rule. The
Service may refer take of a wolf contrary to this rule to the
appropriate authorities for prosecution.
(i) Throughout the entire Mexican Wolf Experimental Population
Area, you will not be in violation of the Endangered Species Act (Act)
for unavoidable and unintentional take (including killing or injuring)
of a wolf, when such take is non-negligent and incidental to a legal
activity, such as hunting, trapping, driving, or recreational
activities, and you report the take promptly (within 24 hours) to the
Service's Mexican Wolf Recovery Coordinator or to a Service appointed
agency representative.
(ii) Also throughout the entire Mexican Wolf Experimental
Population Area, excluding areas within the national park system and
national wildlife refuge system, no Federal agency or their contractors
will be in violation of the Act for take of a wolf resulting from any
authorized agency action. This provision does not exempt agencies and
their contractors from complying with section 7(a)(4) of the Act which
requires a conference with the Service if they propose an action that
is likely to jeopardize the continued existence of the Mexican wolf.
(iii) No land use restrictions will be imposed on private or tribal
reservation lands for Mexican wolf recovery without the concurrence of
the private owner or tribal government. On public lands, public and
tribal agencies may temporarily restrict human access and disturbance-
causing land use activities, such as timber harvesting and mining,
within a 1-mile radius around release pens when wolves are in them,
around active dens between March 1 and June 30, and around active wolf
rendezvous sites between June 1 and September 30, as necessary. If
documented illegal killing of a wolf occurs the United States Forest
Service may, in consultation with the Service, close back-country roads
on National Forest lands (except thoroughfares) for as long as
necessary to protect the wolves.
(iv) In areas within the national park system and national wildlife
refuge system, Federal agencies must treat Mexican wolves as a
threatened species for purposes of complying with section 7 of the Act.
(v) On public lands leased for grazing anywhere within the Mexican
Wolf Experimental Population Area, including within the designated wolf
recovery areas, when and where livestock are legally present, livestock
owners or their agents:
(A) May harass wolves, for purposes of scaring them away, in the
general vicinity (within 500 yards) of livestock (i.e., cattle, sheep,
horses, mules, and burros or as defined in State and tribal wolf
management plans as approved by us) in an opportunistic, noninjurious
manner (no temporary or permanent physical damage may result) at any
[[Page 19242]]
time; provided that wolves cannot be purposely attracted, tracked,
waited for, or searched out and then harassed; and provided that such
harassment is reported to the Service's Mexican Wolf Recovery
Coordinator or to a Service appointed agency representative within 7
days; and,
(B) May receive a written permit under the Act from the Service or
an agency designated by the Service, valid for up to 45 days, to take
(including kill or injure) a specific number of wolves actually engaged
in the act of killing, wounding, or biting livestock; provided that,
prior to the issuance of such a permit, six or more breeding Mexican
wolf pairs occur in the Blue Range Wolf Recovery Area, or three or more
breeding Mexican wolf pairs occur in the White Sands Wolf Recovery
Area; and provided that an authorized agent of the Service, the United
States Department of Agriculture's (USDA) Animal Damage Control
Division, or the State has documented previous livestock loss or injury
caused by wolves and agency efforts to resolve the problem are
completed. Livestock owners or their agents must report take of wolves
under such a permit to the Service's Mexican Wolf Recovery Coordinator
or to a Service appointed agency representative within 24 hours. There
must be evidence of freshly wounded or killed livestock by wolves.
(vi) On private or tribal land anywhere within the Mexican Wolf
Experimental Population Area, property owners, livestock owners,
tenants, or their designated agents:
(A) may harass wolves in the immediate vicinity (within 500 yards)
of people, buildings, facilities, pets, livestock, or other domestic
animals in an opportunistic, noninjurious manner (no temporary or
permanent physical damage may result) at any time; provided that wolves
cannot be purposely attracted, tracked, or searched out and then
harassed; and provided that such harassment is reported to the
Service's Mexican Wolf Recovery Coordinator or to a Service appointed
agency representative within 7 days; and,
(B) may take (including kill or injure) any wolf actually engaged
in the act of killing, wounding, or biting livestock; provided that
livestock freshly (less than 24 hours) wounded (torn flesh and
bleeding) or killed by wolves is present; and further provided that the
take is reported to the Service's Mexican Wolf Recovery Coordinator or
a Service appointed agency representative within 24 hours.
(vii) Authorized Service, USDA Animal Damage Control Division,
tribe, and State employees may capture and/or translocate any Mexican
wolf in the nonessential experimental population consistent with the
Service's approved management plan or special management measure. Such
plan or measure may include capture and/or translocation of wolves that
prey on livestock, attack pets or domestic animals other than livestock
on private land, impact game populations in ways which may inhibit
further wolf recovery, prey on members of the desert bighorn sheep herd
found on the White Sands Missile Range and San Andres National Wildlife
Refuge, so long as the State of New Mexico lists it as a species to be
protected, are considered problem wolves, are a nuisance, or are
conflicting with a major land use, or are necessary for research.
Authorized Federal, State, or tribal personnel may also carry out wolf
capture and/or translocation for other purposes the Service has
authorized, such as genetic management, and may use lethal methods of
take when reasonable attempts to capture wolves alive fail and the
Service determines that removal of a particular wolf or wolves from the
wild is necessary. Authorized Federal, State, or tribal personnel may
carry out any management measure that is a part of a Service approved
management plan. Also, the USDA Animal Damage Control Division will
discontinue use of M-44's and choking-type snares in ``occupied Mexican
wolf range'' (see definition in proposed section 17.84(j)(10)). The
Service may restrict or modify other predator control activities
pursuant to a cooperative management agreement or a conference between
us and the USDA's Animal Damage Control Division.
(viii) You may harass or take a Mexican wolf in self defense or
defense of others, provided that you promptly report the harassment or
take to the Service's Mexican Wolf Recovery Coordinator or to a Service
appointed agency representative. If the Service or an agency authorized
through a cooperative management plan determine that a wolf presents a
threat to human life or safety, the Service or the authorized agency
may place it in captivity or euthanize it.
(ix) Intentional taking of any wolf in the Mexican Wolf
Experimental Population Area, except as described above, is prohibited.
The Service encourages individuals authorized to take wolves to use
nonlethal means. You must immediately (within 24 hours) deliver all
wolves (live or dead), pelts, or parts taken to the Service's Mexican
Wolf Recovery Coordinator or to a Service appointed agency
representative.
(4) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever, any wolf or wolf part from
the experimental population taken or possessed in violation of these
regulations or in violation of applicable State or tribal fish and
wildlife laws or regulations or the Act.
(5) You may not attempt to commit, solicit another to commit, or
cause to be committed, any offense defined in this section.
(6) The two designated recovery areas for Mexican wolves classified
as nonessential experimental that lie within the subspecies' probable
historic range are:
(i) The White Sands Wolf Recovery Area in south-central New Mexico,
including all of the White Sands Missile Range, the White Sands
National Monument, and the San Andres National Wildlife Refuge, and the
area adjacent and to the west of the Missile Range bounded on the south
by the southerly boundary of the USDA Jornada Experimental Range and
the northern boundary of the New Mexico State University Animal Science
Ranch; on the west by the New Mexico Principal Meridian; on the north
by the Pedro Armendaris Grant boundary and the Sierra-Socorro County
line; and on the east by the western boundary of the Missile Range
(Figure 1). Actual releases of captive-raised wolves will take place,
generally as described in our draft Environmental Impact Statement on
Mexican wolf reintroduction, within the White Sands Wolf Recovery Area
primary recovery zone. This is the area within the White Sands Missile
Range bounded on the north by the road from the former Cain Ranch
Headquarters to Range Road 16, Range Road 16 to its intersection with
Range Road 13, Range Road 13 to its intersection with Range Road 7; on
the east by Range Road 7; on the south by Highway 70; and on the west
by the Missile Range boundary. The Service will allow the wolf
subpopulation to expand into the White Sands Wolf Recovery Area
secondary recovery zone, which is the remainder of the White Sands Wolf
Recovery Area not in the primary recovery zone.
(ii) The Blue Range Wolf Recovery Area, including all of the Apache
National Forest and all of the Gila National Forest in east-central
Arizona and west-central New Mexico (Figure 2). Actual releases of
captive-raised Mexican wolves will take place, generally as described
in our draft Environmental Impact Statement on Mexican wolf
reintroduction, within the Blue Range Wolf Recovery Area primary
recovery zone. This is the area within
[[Page 19243]]
the Apache National Forest bounded on the north by the Apache-Greenlee
County line; on the east by the Arizona-New Mexico State line; on the
south by the San Francisco River (eastern half) and the southern
boundary of the Apache National Forest (western half); and on the west
by the Greenlee-Graham County line (San Carlos Apache Reservation
boundary). The Service will allow the wolf subpopulation to expand into
the Blue Range Wolf Recovery Area secondary recovery zone, which is the
remainder of the Blue Range Wolf Recovery Area not in the primary
recovery zone.
(iii) The boundaries of the Mexican Wolf Experimental Population
Area are the portion of Arizona lying north of Interstate Highway 10
and south of Interstate Highway 40; the portion of New Mexico lying
north of Interstate Highway 10 in the west, north of the New Mexico-
Texas boundary in the east, and south of Interstate Highway 40; and the
portion of Texas lying north of United States Highway 62/180 and south
of the Texas-New Mexico boundary (Figure 3). The Service is not
proposing wolf recovery throughout this area, only within the White
Sands and Blue Range Wolf Recovery Areas described in paragraph
(j)(6)(i) and (j)(6)(ii) of this subsection. The purpose of the larger
experimental population area designation is to distinguish the legal
status of any wolf found there. After the first captive wolf release,
wolves found in the wild in the Mexican Wolf Experimental Population
Area will be subject to management under this rule. If a wolf is
captured inside the Mexican Wolf Experimental Population Area after the
first release but outside the designated wolf recovery areas, it will
be returned and re-released or put into the captive breeding program.
If a wolf is found in the United States outside the boundaries of the
Mexican Wolf Experimental Population Area (and not within any other
wolf experimental population area) the Service will presume it to be of
wild origin with full endangered status (or threatened in Minnesota)
under the Act, unless evidence, such as a radio-collar or
identification mark, establishes otherwise. If such evidence exists,
the Service or an authorized agency will attempt to promptly capture
the wolf and return and re-release it or put into the captive breeding
program. Such a wolf is otherwise not subject to this rule outside the
designated Mexican Wolf Experimental Population Area.
(7) If Mexican wolves of the experimental population occur on
public lands outside the designated wolf recovery areas, but within the
Mexican Wolf Experimental Population Area, the Service or an authorized
agency will attempt to recapture any radio-collared lone wolf and any
lone wolf or member of an established pack causing livestock
depredations. The agencies will not routinely recapture and return pack
members that make occasional forays onto public land outside the
designated wolf recovery areas and uncollared lone wolves on public
land. However, the Service will capture and return to a recovery area
or to captivity packs from the nonessential experimental population
that establish territories on public land outside the designated wolf
recovery areas. If any wolves move onto private or tribal lands outside
the designated recovery areas, but within the Mexican Wolf Experimental
Population Area, the Service or an authorized agency will develop
management actions in cooperation with the land owner including
recapture if requested by the land owner or tribal government.
(8) The Service will continuously evaluate Mexican wolf
reintroduction progress and prepare periodic progress reports, detailed
annual reports, and full evaluations after 3 and 5 years that recommend
continuation or termination of the reintroduction effort.
(9) The Service does not intend to change the ``nonessential
experimental'' designation to ``essential experimental,''
``threatened,'' or ``endangered'' and does not intend to designate
critical habitat for the Mexican wolf. Critical habitat cannot be
designated under the nonessential experimental classification. 16
U.S.C. 1539(j)(2)(C)(ii). The Service foresees no likely situation
which would result in such changes. The Service would remove from the
wild all reintroduced Mexican wolves designated as nonessential
experimental and revoke the experimental status and regulations if
legal actions or lawsuits compel a change in the population's legal
status to essential experimental, threatened, or endangered or compel
the designation of critical habitat within the Mexican Wolf
Experimental Population Area, or if within 90 days of the initial
release date, the Service discovers a naturally occurring population of
wild wolves, consisting of at least two breeding pairs that for 2
consecutive years have each successfully raised two offspring, existing
within the White Sands Wolf Recovery Area or Blue Range Wolf Recovery
Area boundaries. The Service would manage and protect any such
naturally occurring wolves as endangered species under the Act.
(10) Definitions--Key terms used in the rule have the following
definitions.
Breeding pair. An adult male and an adult female wolf that have
produced at least two pups that survived until December 31 of the year
of their birth, during the previous breeding season.
Depredation. The confirmed killing or maiming of lawfully present
domestic livestock on Federal, State, tribal, or other public lands, or
private lands by one or more wolves. The Service, USDA Animal Damage
Control, or Service-authorized State or tribal agencies will confirm
killing or maiming of domestic livestock.
Engaged in the act of killing, wounding, or biting livestock. To be
engaged in the pursuit and grasping, biting, attacking, wounding, or
feeding upon livestock that are alive. If wolves are observed feeding
on livestock carcasses, you cannot assume that wolves killed the
livestock until proper authorities investigate and confirm that wolves
were responsible for that or other livestock losses in the immediate
area (1-mile radius).
Harass. Harass is defined as ``intentional or negligent act or
omission which creates the likelihood of injury to the wildlife by
annoying it to such an extent as to significantly disrupt normal
behavioral patterns which include, but are not limited to breeding,
feeding, or sheltering'' (50 CFR 17.3). For the purposes of this
proposed experimental population rule the Service permits only
``opportunistic,'' noninjurious harassment (see definition below) and
limits it to approaching wolves on foot, horseback, or nonmotorized or
motorized vehicle (no closer than 20 feet); discharging firearms or
other projectile launching devices in proximity to but not in the
direction of wolves; throwing objects in the general direction of but
not at wolves; or making any loud noise in proximity to wolves. The
basic intent is to scare or chase wolves from the immediate area
without causing physical injuries.
Impact on game populations in ways which may inhibit further wolf
recovery. The Service encourages States and tribes to describe
unacceptable impacts on game populations in their management plans
subject to our approval. Until such time the term will mean the
following: Two consecutive years with a cumulative 35 percent decrease
in population or hunter harvest estimates for a particular species of
ungulate in a game management unit or distinct herd segment compared to
the prewolf 5-year average (unit or herd must contain average of
greater than 100 animals). If wolf predation is shown to be a primary
cause of ungulate population declines (greater than 50 percent of
documented adult or young mortality), then wolves
[[Page 19244]]
may be moved to reduce ungulate mortality rates and assist in herd
recovery, but only in conjunction with application of other common,
professionally acceptable, wildlife management techniques.
Occupied Mexican wolf range. (1) Area of confirmed presence of
resident breeding packs or pairs of wolves or area consistently used by
at least one resident wolf over a period of at least one month. The
Service must confirm or corroborate wolf presence. Exact delineation of
the area will be described by:
(i) Five-mile radius around all locations of wolves and wolf sign
confirmed as described above (nonradio-monitored);
(ii) 5-mile radius around radio locations of resident wolves when
fewer than 20 radio locations are available (for radio-monitored wolves
only); or
(iii) 3-mile radius around the convex polygon developed from more
than 20 radio locations of a pack, pair, or single wolf taken over a
period of at least 6 months (for radio-monitored wolves).
(2) This definition applies only within the Mexican Wolf
Experimental Population Area.
Opportunistic, noninjurious harassment (see ``harass''). This is
the only type of harassment the Service permits under the experimental
population rule. Opportunistic means as the wolf presents itself (i.e.,
the wolf travels onto and is observed on private land or near
livestock). You cannot track a wolf and then harass it or harass it by
aircraft. You cannot chase and harass a wolf for an extended period of
time (over 15 minutes). Any harassment must not cause bodily injury,
maiming, or death.
Population of naturally occurring wild wolves. At least two
breeding pairs of wolves successfully raising at least two young each
year (until December 31 of the year of their birth), for 2 consecutive
years in the Mexican Wolf Experimental Population Area.
Primary recovery zone. An area where the Service proposes to
release Mexican wolves, and where the Service may return and re-release
them if necessary, and where managers will actively support recovery of
the reintroduced population.
Problem wolves. Wolves that have depredated on lawfully present
domestic livestock or wolves from a group or pack including adults,
yearlings, and young-of-the-year that were directly involved in the
depredations; or fed upon the livestock remains that were a result of
the depredation; or were fed by or are dependent upon adults involved
with the depredations (because before these young animals mature to
where they can survive on their own, they will travel with the pack and
learn the pack's depredation habits). Wolves that have depredated on
domestic animals other than livestock, two times in an area within 1
year. Wolves that are habituated to humans, human residences, or other
facilities.
Secondary recovery zone. An area adjacent to a primary recovery
zone which the Service does not propose for Mexican wolf releases, but
in which the Service allows released wolves to disperse, and where
managers will actively support recovery of the reintroduced population.
Take. The Act defines ``take'' as--``to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct'' (16 U.S.C. 1532(19)). See above definition of
Harass which includes definition of permitted harassment, and see
definition of Unavoidable and unintentional take below.
Unavoidable and unintentional take. Accidental, non-negligent take
(see above definition of ``Take'') which occurs despite reasonable
care, is incidental to an otherwise lawful activity and without the
purpose to do so. Examples would include striking a wolf with an
automobile or capturing a wolf in a trap set obviously for another
species. Note--Shooting a wolf when the individual states he or she
believed it to be an animal other than a wolf does not qualify as
unavoidable or unintentional take. Shooters have the responsibility to
be sure of their targets.
Wolf recovery area. A designated area where managers will actively
support reestablishment of Mexican wolf populations.
Figures to Sec. 17.84(j)
BILLING CODE 4310-55-P
[[Page 19245]]
[GRAPHIC] [TIFF OMITTED] TP01MY96.001
[[Page 19246]]
[GRAPHIC] [TIFF OMITTED] TP01MY96.002
[[Page 19247]]
[GRAPHIC] [TIFF OMITTED] TP01MY96.003
[[Page 19248]]
BILLING CODE 4310-55-C
Dated: December 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-10665 Filed 4-30-96; 8:45 am]
BILLING CODE 4310-55-P
