81_FR_61831 81 FR 61658 - Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife

81 FR 61658 - Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range61658-61661
FR Document2016-21368

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our March 11, 2016, proposed rule to revise the List of Endangered and Threatened Wildlife, under the authority of the Endangered Species Act, by removing the Greater Yellowstone Ecosystem population of grizzly bears (Ursus arctos horribilis). In our proposed rule, we emphasized that the governments of Montana, Wyoming, and Idaho needed to promulgate regulations managing human-caused mortality of grizzly bears before we would proceed with a final rule. Montana, Wyoming, and Idaho recently finalized such mechanisms. We are also announcing the receipt of five independent peer reviews of the proposed rule. We are reopening the comment period for the proposed rule to allow all interested parties an additional opportunity to comment on the proposed rule in light of these documents. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparing the final rule.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Proposed Rules]
[Pages 61658-61661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21368]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2016-0042; FXES11130900000-167-FF09E42000]
RIN 1018-BA41


Endangered and Threatened Wildlife and Plants; Removing the 
Greater Yellowstone Ecosystem Population of Grizzly Bears From the 
Federal List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period; availability of 
peer review and supplementary documents.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our March 11, 2016, proposed 
rule to revise the List of Endangered and Threatened Wildlife, under 
the authority of the Endangered Species Act, by removing the Greater 
Yellowstone Ecosystem population of grizzly bears (Ursus arctos 
horribilis). In our proposed rule, we emphasized that the governments 
of Montana, Wyoming, and Idaho needed to promulgate regulations 
managing human-caused mortality of grizzly bears before we would 
proceed with a final rule. Montana, Wyoming, and Idaho recently 
finalized such mechanisms. We are also announcing the receipt of five 
independent peer reviews of the proposed rule. We are reopening the 
comment period for the proposed rule to allow all interested parties an 
additional opportunity to comment on the proposed rule in light of 
these documents. If you submitted comments previously, you do not need 
to resubmit them because we have already incorporated them into the 
public record and will fully consider them in preparing the final rule.

DATES: We will consider comments received or postmarked on or before 
October 7, 2016. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the search box, enter the docket number for the 
proposed rule, which is FWS-R6-ES-2016-0042. Then click on the Search 
button. On the resulting page, you may submit a comment by clicking on 
``Comment Now!'' Please ensure you have found the correct document 
before submitting your comments. If your comments will fit in the 
provided comment box, please use that feature of http://www.regulations.gov, as it is most compatible with our comment review 
procedures. If you attach your comments as a separate document, our 
preferred file format is Microsoft Word. If you attach multiple 
comments (such as form letters or a petition), our preferred format is 
a spreadsheet in Microsoft Excel.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R6-ES-2016-0042; Division of Policy, 
Performance, and Management Programs; U.S. Fish and Wildlife Service; 
MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments below in SUPPLEMENTARY INFORMATION for more 
information).
    Document availability: You may obtain the information and documents 
associated with this reopened public comment period and described below 
in SUPPLEMENTARY INFORMATION at http://www.regulations.gov under Docket 
No. FWS-R6-ES-2016-0042, from the Service's Mountain Prairie Region 
Grizzly Bear Web site https://www.fws.gov/mountain-prairie/es/grizzlybear.php, or from the office listed in FOR FURTHER INFORMATION 
CONTACT.

FOR FURTHER INFORMATION CONTACT: Wayne Kasworm, Acting Grizzly Bear 
Recovery Coordinator, U.S. Fish and Wildlife Service, Grizzly Bear 
Recovery Office, University Hall, Room #309, University of Montana, 
Missoula, MT 59812; telephone 406-243-4903. For Tribal inquiries, 
contact Ivy Allen, Native American Liaison, U.S. Fish and Wildlife 
Service; telephone: 303-236-4575. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We will accept written comments and information during this 
reopened comment period on the March 11, 2016, proposed rule (81 FR 
13174) to remove the Greater Yellowstone Ecosystem (GYE) population of 
grizzly bears (Ursus arctos horribilis) from the List of Endangered and 
Threatened Wildlife. We specifically seek comments on the proposed rule 
in light of five peer reviews and recently finalized State regulatory 
mechanisms. The State regulations describe Wyoming, Montana, and 
Idaho's approach to managing human-caused mortality should we delist 
the grizzly bear in the GYE. The State regulatory mechanisms include 
Montana's Grizzly Bear Hunting Regulations, Chapter 67 of the Wyoming 
Game and Fish Commission regulations, Idaho's Fish and Game Commission 
Proclamation, and the Memorandum of Agreement Regarding the Management 
and Allocation of Discretionary Mortality of Grizzly Bears in the 
Greater Yellowstone Ecosystem (Tri-State MOA). Copies of Grizzly Bear 
Montana Hunting Regulations, Chapter 67 of the Wyoming Game and Fish 
Commission regulations, Idaho's Fish and Game Commission Proclamation, 
and the Tri-State MOA are available on the Internet at http://www.regulations.gov under Docket No. FWS-R6-ES-2016-0042 or at https://www.fws.gov/mountain-prairie/es/grizzlybear.php; or upon request from 
the U.S. Fish and Wildlife Service, Grizzly Bear Recovery Office (see 
FOR FURTHER INFORMATION CONTACT). We will consider information and 
recommendations from all interested parties.

[[Page 61659]]

    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. We will not accept 
comments sent by email or fax or to an address not listed in ADDRESSES. 
If you submit a comment via http://www.regulations.gov, your entire 
comment--including your personal identifying information--will be 
posted on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on http://www.regulations.gov under Docket No. 
FWS-R6-ES-2016-0042, or by appointment, during normal business hours, 
at the Grizzly Bear Recovery Office (see FOR FURTHER INFORMATION 
CONTACT).

Background

    On March 11, 2016, we published a proposed rule to revise the List 
of Endangered and Threatened Wildlife in title 50 of the Code of 
Federal Regulations at 50 CFR 17.11(h), under the authority of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), by 
removing the Greater Yellowstone Ecosystem (GYE) population of grizzly 
bears (Ursus arctos horribilis) (81 FR 13174). In the proposed rule, we 
explained that State regulations addressing human-caused grizzly bear 
mortality in Montana, Wyoming, and Idaho must include five elements to 
maintain a recovered population of grizzly bears in the GYE:
    1. Suspension of all discretionary mortality inside the Demographic 
Monitoring Area (DMA), except if required for human safety, if the 
model-averaged Chao2 population estimate falls below 600.
    2. Suspension of grizzly bear hunting inside the DMA if total 
mortality limits for any sex/age class (as per tables 1, 2, and 3 in 
the proposed rule) are met at any time during the year (the mortality 
limits in these tables are reiterated in table 1 in this document, 
below).
    3. Prohibition of recreational harvest of female grizzly bears with 
young.
    4. In a given year, allowance of discretionary mortality only if 
nondiscretionary mortality (e.g., mortality from illegal kills, 
mortality from self-defense, calculated unknown/unreported mortalities, 
natural mortalities, and mortality from other causes such as vehicle 
collisions) does not meet or exceed total mortality limits for that 
year.
    5. Provisions to ensure that any mortality that exceeds total 
mortality limits in any year will be subtracted from that age/sex class 
total mortality limit for the following year to ensure that long-term 
mortality levels remain within prescribed limits inside the DMA.

  Table 1 \1\--Total Mortality \2\ Limits for Grizzly Bears Inside the
                       Demographic Monitoring Area
   [These mortality rates were calculated as those limits necessary to
 manage toward the long-term average population size that occurred from
 2002 to 2014 using the model-averaged Chao2 population estimate method
 (674, 95% CI = 600-747). If the population estimate is fewer than 674,
  the total mortality rate for independent females and dependent young
 must be less than 7.6 percent. If population size is estimated at fewer
   than 600 in any year, no discretionary mortality will occur unless
                     necessary for human safety.\3\]
------------------------------------------------------------------------
                                       Total grizzly bear population
                                                  estimate
                                  --------------------------------------
                                      <=674       675-747        >747
------------------------------------------------------------------------
Mortality limit % for independent       <=7.6%           9%          10%
 FEMALES (>=2 years) (using model-
 averaged Chao2 method)..........
Mortality limit % for independent          15%          20%          22%
 MALES (>=2 years) (using model-
 averaged Chao2 method)..........
Mortality limit % for DEPENDENT         <=7.6%           9%          10%
 YOUNG (using model-averaged
 Chao2 method)...................
------------------------------------------------------------------------
\1\ Similar to table 1 in proposed rule (81 FR 13174, March 11. 2016).
\2\ Total mortality: Documented known and probable grizzly bear
  mortalities from all causes including but not limited to: Management
  removals, illegal kills, mistaken-identity kills, self-defense kills,
  vehicle kills, natural mortalities, undetermined-cause mortalities,
  grizzly bear hunting, and a statistical estimate of the number of
  unknown/unreported mortalities.
\3\ The phrasing in the table header in the proposed rule erroneously
  noted that there would be no discretionary mortality at population
  levels fewer than or equal to 600 bears, as opposed to population
  levels fewer than 600 bears. We changed the phrasing here to match the
  phrasing in the rest of the proposed rule, the revised recovery
  criteria, and the draft conservation strategy.

    We noted that regulatory mechanisms containing these provisions 
must be in place in each State for delisting to occur because the 
adequacy or inadequacy of those regulatory mechanisms help inform us 
whether a species, once delisted, will remain recovered. The ESA 
requires the Service to consider existing regulatory mechanisms when 
making listing determinations.
    Montana, Wyoming, and Idaho recently finalized such regulatory 
mechanisms governing potential hunting seasons for grizzly bear. These 
three States also approved the Tri-State MOA, which outlines their 
coordinated plans for grizzly bear management and allocates 
discretionary mortality of grizzly bears in the GYE between the three 
States. The three States approved the Tri-State MOA on the following 
dates: Wyoming, on May 11, 2016; Montana, on July 13, 2016; and Idaho, 
on August 8, 2016.

Highlights of Recently Released State Grizzly Bear Management 
Regulations

    Montana, Wyoming, and Idaho each used a different regulatory 
method, appropriate to their respective legal processes, to enact their 
State rules governing human-caused grizzly bear mortality. Montana's 
Fish and Wildlife Commission adopted hunting regulations that outline 
the structure of a possible future grizzly bear hunting season on July 
13, 2016 (Montana Fish and Wildlife Commission, 2016). Montana's Fish 
and Wildlife Commission also approved the Tri-State MOA (Wyoming Game 
and Fish Commission, Montana Fish and Wildlife Commission, & Idaho Fish 
and Game Commission, 2016). Before adopting these regulations and the 
MOA, Montana released the drafts of these documents for public comment 
and review. The Montana Fish and Wildlife Commission adopted the 
hunting regulations and the MOA in the same manner that it adopts other 
regulations, with public notice and comment. In the Service Assessment 
below, we assume the MOA and hunting regulations are regulatory in 
nature.
    On July 8, 2016, the Wyoming Game and Fish Commission approved a 
regulatory framework that ``provides for the management of grizzly 
bears in Wyoming to ensure a recovered population'' (Wyoming Game and 
Fish Commission, 2016). The Wyoming Game and Fish Commission invited 
the

[[Page 61660]]

public to participate in the process of developing these regulations 
with a public comment period. Once the Governor of Wyoming approves and 
signs these regulations, they will be incorporated into Chapter 67 of 
the Wyoming Game and Fish Commission's regulations. In the Service 
Assessment, set forth below, we anticipate that, prior to publication 
of our final rule, the Governor of Wyoming will sign the version of the 
regulations that was approved by the Wyoming Game and Fish Commission.
    Idaho's Fish and Game Commission issued a proclamation relating to 
the limit of the take of grizzly bears in the GYE on August 8, 2016 
(Idaho Fish and Game Commission, 2016). Idaho Code Section 36-105 
authorizes the Idaho Fish and Game Commission to use proclamations, 
which ``have full force and effect as law,'' as a means of ``setting 
any season or limit on numbers, size, sex or species of wildlife 
classified by the commission as game animals.'' Since grizzly bears are 
classified as game animals in Idaho Administrative Code 
13.01.06.100.01e, the Idaho Fish and Game Commission may use a 
proclamation to establish binding limits on the take of grizzly bears 
(Idaho Administrative Code 13.01.06.100.01e).
    Table 2 cross-references the aforementioned requirements in the 
proposed rule with the content of each State's regulations. The full 
text of the State regulations and the Tri-State MOA can be found on the 
Internet at http://www.regulations.gov under Docket No. FWS-R6-ES-2016-
0042 or https://www.fws.gov/mountain-prairie/es/grizzlybear.php; or 
upon request from the Grizzly Bear Recovery Office (see FOR FURTHER 
INFORMATION CONTACT).

     Table 2--Cross-Reference Between the Regulatory Requirements in the Proposed Rule To Remove the Greater
  Yellowstone Ecosystem Population of Grizzly Bears From Listing Under the Endangered Species Act (81 FR 13174;
                        March 11, 2016) and the State Grizzly Bear Regulatory Mechanisms
----------------------------------------------------------------------------------------------------------------
                                          Montana (Tri-state
  Required element described in the    memorandum of agreement   Wyoming (Chapter 67 of  Idaho (ID Fish and Game
            proposed rule               (MOA) and Grizzly Bear      WY Game and Fish            Commission
                                         hunting regulations)   Commission regulations)       proclamation)
----------------------------------------------------------------------------------------------------------------
Requirement 1: Suspension of all       Tri-State MOA: section   Section 4(c)...........  Section 2.
 discretionary mortality inside the     IV(2)(a)(i), section
 Demographic Monitoring Area (DMA),     IV(2)(c)(i), section
 except if required for human safety,   IV(4)(a), and section
 if the model-averaged Chao2            IV(6).
 population estimate falls below 600.
Requirement 2: Suspension of grizzly   Tri-State MOA: section   Section 4(d)...........  Section 3 and section
 bear hunting inside the DMA if total   IV(2)(c), section                                 5.
 mortality limits for any sex/age       IV(4)(a), and section
 class (as per tables 1, 2, and 3 in    IV(6).
 the proposed rule) are met at any
 time during the year (these
 mortality limits are reiterated in
 table 1 in this document).
Requirement 3: Prohibition of          Tri-State MOA: section   Section 4(e)...........  Section 4.
 recreational harvest of female         IV(4)(b); Grizzly Bear
 grizzly bears with young.              Hunting Regulations,
                                        pp. 4 and 7.
Requirement 4: In a given year,        Tri-State MOA: section   Section 4(d) and         Section 5.
 allowance of discretionary mortality   IV(2)(c), section        section 4(k).
 only if non-discretionary mortality    IV(4)(a), and section
 (e.g., mortality from illegal kills,   IV(6).
 self-defense, calculated unknown/
 unreported mortalities, natural
 mortalities, and other causes such
 as vehicle collisions) does not meet
 or exceed total mortality limits for
 that year.
Requirement 5: Provisions to ensure    Tri-State MOA: section   Section 4(g), section    Section 6.
 that any mortality that exceeds        IV(2)(c).                4(k), and section 4(l).
 total mortality limits in any year
 will be subtracted from that age/sex
 class total mortality limit for the
 following year to ensure that long-
 term mortality levels remain within
 prescribed limits inside the DMA.
----------------------------------------------------------------------------------------------------------------

Service Assessment

    The Service has reviewed the recently finalized State regulations 
governing the management of grizzly bears in the GYE and the regulation 
of human-caused mortality (including the Tri-State MOA, Montana's 
Grizzly Bear Hunting Regulations, Chapter 67 of Wyoming's Game and Fish 
Commission regulations, and Idaho's Fish and Game Commission 
Proclamation). Our preliminary assessment is that these documents are 
consistent with the letter or intent of the regulatory requirements 
regarding human-caused mortality that we outlined in the proposed rule. 
Thus, based on our review, we believe the regulatory framework in 
Montana, Wyoming, and Idaho, in combination with the Tri-State MOA, 
will maintain a recovered population of grizzly bears in the GYE. We 
are accepting public comments on these State regulations and our 
preliminary assessment that they provide adequate regulatory mechanisms 
such that we can conclude that the population no longer meets the 
definition of threatened under the Endangered Species Act.

Peer Review and Public Comments

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we subjected the 
proposed delisting rule to peer review. We received submissions from 
five independent peer reviewers, and their input is available as 
described under ADDRESSES. These peer reviews were conducted by third-
party selected scientific experts in large carnivore ecology and 
management with expertise in one or more of the following areas: 
population ecology, management, demographics, conservation, and 
population genetics.

[[Page 61661]]

We welcome any comments on the proposed rule in light of these reviews 
(see compiled reviews in Amec Foster Wheeler, 2016). Previously 
received public comments, and the data and information they provided, 
can be found at http://www.regulations.gov under Docket No. FWS-R6-ES-
2016-0042.

References Cited

    A complete list of references cited is available: on the Internet 
at http://www.regulations.gov under Docket No. FWS-R6-ES-2016-0042; 
from the Service's Mountain Prairie Region Grizzly Bear Web site 
https://www.fws.gov/mountain-prairie/es/grizzlybear.php; or upon 
request from the Grizzly Bear Recovery Office (see FOR FURTHER 
INFORMATION CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 16, 2016.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-21368 Filed 9-6-16; 8:45 am]
 BILLING CODE 4333-15-P



                                               61658                Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules

                                               • Texas Trading and Transportation                        regulations managing human-caused                     comment period and described below in
                                                  Services, LLC, dba TTMS Group, together                mortality of grizzly bears before we                  SUPPLEMENTARY INFORMATION at http://
                                                  with Montana Grain Growers Association                 would proceed with a final rule.                      www.regulations.gov under Docket No.
                                                  (TTMS Group)                                           Montana, Wyoming, and Idaho recently                  FWS–R6–ES–2016–0042, from the
                                               • UP
                                               • USDA
                                                                                                         finalized such mechanisms. We are also                Service’s Mountain Prairie Region
                                                                                                         announcing the receipt of five                        Grizzly Bear Web site https://
                                                  Testimony at the June 10, 2015 hearing was
                                               received from:
                                                                                                         independent peer reviews of the                       www.fws.gov/mountain-prairie/es/
                                                                                                         proposed rule. We are reopening the                   grizzlybear.php, or from the office listed
                                               • AAR
                                               • ARC
                                                                                                         comment period for the proposed rule to               in FOR FURTHER INFORMATION CONTACT.
                                               • BNSF                                                    allow all interested parties an additional            FOR FURTHER INFORMATION CONTACT:
                                               • Canadian National Railway Company (CN)                  opportunity to comment on the                         Wayne Kasworm, Acting Grizzly Bear
                                               • Canadian Pacific Railway Company (CP)                   proposed rule in light of these                       Recovery Coordinator, U.S. Fish and
                                               • CSXT                                                    documents. If you submitted comments                  Wildlife Service, Grizzly Bear Recovery
                                               • Michigan Agri-Business Association 23                   previously, you do not need to resubmit               Office, University Hall, Room #309,
                                               • Montana Department of Agriculture                       them because we have already                          University of Montana, Missoula, MT
                                               • NGFA                                                    incorporated them into the public
                                               • NSR
                                                                                                                                                               59812; telephone 406–243–4903. For
                                                                                                         record and will fully consider them in                Tribal inquiries, contact Ivy Allen,
                                               • SMART–TD
                                               • Transportation Research Board of the
                                                                                                         preparing the final rule.                             Native American Liaison, U.S. Fish and
                                                  National Academy of Sciences                           DATES: We will consider comments                      Wildlife Service; telephone: 303–236–
                                               • TTMS Group                                              received or postmarked on or before                   4575. Persons who use a
                                               • UP                                                      October 7, 2016. Comments submitted                   telecommunications device for the deaf
                                               • USDA                                                    electronically using the Federal                      (TDD) may call the Federal Information
                                                  Supplemental comments were received                    eRulemaking Portal (see ADDRESSES,                    Relay Service (FIRS) at 800–877–8339.
                                               from:                                                     below) must be received by 11:59 p.m.                 SUPPLEMENTARY INFORMATION:
                                               • AAR                                                     Eastern Time on the closing date.
                                               • ARC (joined by the same parties that joined                                                                   Public Comments
                                                                                                         ADDRESSES: You may submit comments
                                                  its opening comment)                                                                                            We will accept written comments and
                                                                                                         by one of the following methods:
                                               • NSR                                                                                                           information during this reopened
                                                                                                            (1) Electronically: Go to the Federal
                                               [FR Doc. 2016–21305 Filed 9–6–16; 8:45 am]                eRulemaking Portal: http://                           comment period on the March 11, 2016,
                                               BILLING CODE 4915–01–P                                    www.regulations.gov. In the search box,               proposed rule (81 FR 13174) to remove
                                                                                                         enter the docket number for the                       the Greater Yellowstone Ecosystem
                                                                                                         proposed rule, which is FWS–R6–ES–                    (GYE) population of grizzly bears (Ursus
                                               DEPARTMENT OF THE INTERIOR                                2016–0042. Then click on the Search                   arctos horribilis) from the List of
                                                                                                         button. On the resulting page, you may                Endangered and Threatened Wildlife.
                                               Fish and Wildlife Service                                 submit a comment by clicking on                       We specifically seek comments on the
                                                                                                         ‘‘Comment Now!’’ Please ensure you                    proposed rule in light of five peer
                                               50 CFR Part 17                                            have found the correct document before                reviews and recently finalized State
                                               [Docket No. FWS–R6–ES–2016–0042;                          submitting your comments. If your                     regulatory mechanisms. The State
                                               FXES11130900000–167–FF09E42000]                           comments will fit in the provided                     regulations describe Wyoming,
                                                                                                         comment box, please use that feature of               Montana, and Idaho’s approach to
                                               RIN 1018–BA41                                             http://www.regulations.gov, as it is most             managing human-caused mortality
                                                                                                         compatible with our comment review                    should we delist the grizzly bear in the
                                               Endangered and Threatened Wildlife
                                                                                                         procedures. If you attach your                        GYE. The State regulatory mechanisms
                                               and Plants; Removing the Greater
                                                                                                         comments as a separate document, our                  include Montana’s Grizzly Bear Hunting
                                               Yellowstone Ecosystem Population of
                                                                                                         preferred file format is Microsoft Word.              Regulations, Chapter 67 of the Wyoming
                                               Grizzly Bears From the Federal List of
                                                                                                         If you attach multiple comments (such                 Game and Fish Commission regulations,
                                               Endangered and Threatened Wildlife
                                                                                                         as form letters or a petition), our                   Idaho’s Fish and Game Commission
                                               AGENCY:   Fish and Wildlife Service,                      preferred format is a spreadsheet in                  Proclamation, and the Memorandum of
                                               Interior.                                                 Microsoft Excel.                                      Agreement Regarding the Management
                                               ACTION: Proposed rule; reopening of                          (2) By hard copy: Submit by U.S. mail              and Allocation of Discretionary
                                               comment period; availability of peer                      or hand-delivery to: Public Comments                  Mortality of Grizzly Bears in the Greater
                                               review and supplementary documents.                       Processing, Attn: FWS–R6–ES–2016–                     Yellowstone Ecosystem (Tri-State
                                                                                                         0042; Division of Policy, Performance,                MOA). Copies of Grizzly Bear Montana
                                               SUMMARY:   We, the U.S. Fish and                          and Management Programs; U.S. Fish                    Hunting Regulations, Chapter 67 of the
                                               Wildlife Service (Service), announce the                  and Wildlife Service; MS: BPHC, 5275                  Wyoming Game and Fish Commission
                                               reopening of the public comment period                    Leesburg Pike, Falls Church, VA 22041–                regulations, Idaho’s Fish and Game
                                               on our March 11, 2016, proposed rule to                   3803.                                                 Commission Proclamation, and the Tri-
                                               revise the List of Endangered and                            We request that you send comments                  State MOA are available on the Internet
                                               Threatened Wildlife, under the                            only by the methods described above.                  at http://www.regulations.gov under
                                               authority of the Endangered Species                       We will post all comments on http://                  Docket No. FWS–R6–ES–2016–0042 or
                                                                                                                                                               at https://www.fws.gov/mountain-
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               Act, by removing the Greater                              www.regulations.gov. This generally
                                               Yellowstone Ecosystem population of                       means that we will post any personal                  prairie/es/grizzlybear.php; or upon
                                               grizzly bears (Ursus arctos horribilis). In               information you provide us (see Public                request from the U.S. Fish and Wildlife
                                               our proposed rule, we emphasized that                     Comments below in SUPPLEMENTARY                       Service, Grizzly Bear Recovery Office
                                               the governments of Montana, Wyoming,                      INFORMATION for more information).                    (see FOR FURTHER INFORMATION CONTACT).
                                               and Idaho needed to promulgate                               Document availability: You may                     We will consider information and
                                                                                                         obtain the information and documents                  recommendations from all interested
                                                 23 Written   testimony only.                            associated with this reopened public                  parties.


                                          VerDate Sep<11>2014     15:04 Sep 06, 2016   Jkt 238001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\07SEP1.SGM   07SEP1


                                                                  Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules                                                 61659

                                                 You may submit your comments and                      Office (see FOR FURTHER INFORMATION                      2. Suspension of grizzly bear hunting
                                               materials concerning the proposed rule                  CONTACT).                                             inside the DMA if total mortality limits
                                               by one of the methods listed in                                                                               for any sex/age class (as per tables 1, 2,
                                                                                                       Background
                                               ADDRESSES. We will not accept                                                                                 and 3 in the proposed rule) are met at
                                               comments sent by email or fax or to an                     On March 11, 2016, we published a                  any time during the year (the mortality
                                               address not listed in ADDRESSES. If you                 proposed rule to revise the List of                   limits in these tables are reiterated in
                                               submit a comment via http://                            Endangered and Threatened Wildlife in                 table 1 in this document, below).
                                               www.regulations.gov, your entire                        title 50 of the Code of Federal                          3. Prohibition of recreational harvest
                                               comment—including your personal                         Regulations at 50 CFR 17.11(h), under                 of female grizzly bears with young.
                                               identifying information—will be posted                  the authority of the Endangered Species                  4. In a given year, allowance of
                                               on the Web site. If you submit a                        Act of 1973, as amended (16 U.S.C. 1531               discretionary mortality only if
                                               hardcopy comment that includes                          et seq.), by removing the Greater                     nondiscretionary mortality (e.g.,
                                               personal identifying information, you                   Yellowstone Ecosystem (GYE)                           mortality from illegal kills, mortality
                                               may request at the top of your document                 population of grizzly bears (Ursus arctos             from self-defense, calculated unknown/
                                               that we withhold this information from                  horribilis) (81 FR 13174). In the                     unreported mortalities, natural
                                               public review. However, we cannot                       proposed rule, we explained that State                mortalities, and mortality from other
                                               guarantee that we will be able to do so.                regulations addressing human-caused                   causes such as vehicle collisions) does
                                               We will post all hardcopy comments on                   grizzly bear mortality in Montana,                    not meet or exceed total mortality limits
                                               http://www.regulations.gov.                             Wyoming, and Idaho must include five                  for that year.
                                                 Comments and materials we receive,                    elements to maintain a recovered                         5. Provisions to ensure that any
                                               as well as supporting documentation we                  population of grizzly bears in the GYE:               mortality that exceeds total mortality
                                               used in preparing the proposed rule,                       1. Suspension of all discretionary                 limits in any year will be subtracted
                                               will be available for public inspection                 mortality inside the Demographic                      from that age/sex class total mortality
                                               on http://www.regulations.gov under                     Monitoring Area (DMA), except if                      limit for the following year to ensure
                                               Docket No. FWS–R6–ES–2016–0042, or                      required for human safety, if the model-              that long-term mortality levels remain
                                               by appointment, during normal business                  averaged Chao2 population estimate                    within prescribed limits inside the
                                               hours, at the Grizzly Bear Recovery                     falls below 600.                                      DMA.

                                                            TABLE 1 1—TOTAL MORTALITY 2 LIMITS FOR GRIZZLY BEARS INSIDE THE DEMOGRAPHIC MONITORING AREA
                                                [These mortality rates were calculated as those limits necessary to manage toward the long-term average population size that occurred from
                                                   2002 to 2014 using the model-averaged Chao2 population estimate method (674, 95% CI = 600–747). If the population estimate is fewer
                                                   than 674, the total mortality rate for independent females and dependent young must be less than 7.6 percent. If population size is esti-
                                                   mated at fewer than 600 in any year, no discretionary mortality will occur unless necessary for human safety.3]

                                                                                                                                                                      Total grizzly bear population estimate

                                                                                                                                                                       ≤674          675–747          >747

                                               Mortality limit % for independent FEMALES (≥2 years) (using model-averaged Chao2 method) .........                         ≤7.6%             9%            10%
                                               Mortality limit % for independent MALES (≥2 years) (using model-averaged Chao2 method) ..............                        15%            20%            22%
                                               Mortality limit % for DEPENDENT YOUNG (using model-averaged Chao2 method) ............................                     ≤7.6%             9%            10%
                                                  1 Similar  to table 1 in proposed rule (81 FR 13174, March 11. 2016).
                                                  2 Total  mortality: Documented known and probable grizzly bear mortalities from all causes including but not limited to: Management removals,
                                               illegal kills, mistaken-identity kills, self-defense kills, vehicle kills, natural mortalities, undetermined-cause mortalities, grizzly bear hunting, and a
                                               statistical estimate of the number of unknown/unreported mortalities.
                                                   3 The phrasing in the table header in the proposed rule erroneously noted that there would be no discretionary mortality at population levels
                                               fewer than or equal to 600 bears, as opposed to population levels fewer than 600 bears. We changed the phrasing here to match the phrasing in
                                               the rest of the proposed rule, the revised recovery criteria, and the draft conservation strategy.


                                                  We noted that regulatory mechanisms                  dates: Wyoming, on May 11, 2016;                      Commission, & Idaho Fish and Game
                                               containing these provisions must be in                  Montana, on July 13, 2016; and Idaho,                 Commission, 2016). Before adopting
                                               place in each State for delisting to occur              on August 8, 2016.                                    these regulations and the MOA,
                                               because the adequacy or inadequacy of                                                                         Montana released the drafts of these
                                                                                                       Highlights of Recently Released State
                                               those regulatory mechanisms help                                                                              documents for public comment and
                                                                                                       Grizzly Bear Management Regulations
                                               inform us whether a species, once                                                                             review. The Montana Fish and Wildlife
                                               delisted, will remain recovered. The                      Montana, Wyoming, and Idaho each                    Commission adopted the hunting
                                               ESA requires the Service to consider                    used a different regulatory method,                   regulations and the MOA in the same
                                               existing regulatory mechanisms when                     appropriate to their respective legal                 manner that it adopts other regulations,
                                               making listing determinations.                          processes, to enact their State rules                 with public notice and comment. In the
                                                  Montana, Wyoming, and Idaho                          governing human-caused grizzly bear                   Service Assessment below, we assume
                                               recently finalized such regulatory                      mortality. Montana’s Fish and Wildlife                the MOA and hunting regulations are
                                               mechanisms governing potential                          Commission adopted hunting                            regulatory in nature.
                                                                                                       regulations that outline the structure of
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                                               hunting seasons for grizzly bear. These                                                                         On July 8, 2016, the Wyoming Game
                                               three States also approved the Tri-State                a possible future grizzly bear hunting                and Fish Commission approved a
                                               MOA, which outlines their coordinated                   season on July 13, 2016 (Montana Fish                 regulatory framework that ‘‘provides for
                                               plans for grizzly bear management and                   and Wildlife Commission, 2016).                       the management of grizzly bears in
                                               allocates discretionary mortality of                    Montana’s Fish and Wildlife                           Wyoming to ensure a recovered
                                               grizzly bears in the GYE between the                    Commission also approved the Tri-State                population’’ (Wyoming Game and Fish
                                               three States. The three States approved                 MOA (Wyoming Game and Fish                            Commission, 2016). The Wyoming
                                               the Tri-State MOA on the following                      Commission, Montana Fish and Wildlife                 Game and Fish Commission invited the


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                                               61660              Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules

                                               public to participate in the process of                 limit of the take of grizzly bears in the                on the take of grizzly bears (Idaho
                                               developing these regulations with a                     GYE on August 8, 2016 (Idaho Fish and                    Administrative Code 13.01.06.100.01e).
                                               public comment period. Once the                         Game Commission, 2016). Idaho Code                         Table 2 cross-references the
                                               Governor of Wyoming approves and                        Section 36–105 authorizes the Idaho                      aforementioned requirements in the
                                               signs these regulations, they will be                   Fish and Game Commission to use                          proposed rule with the content of each
                                               incorporated into Chapter 67 of the                     proclamations, which ‘‘have full force                   State’s regulations. The full text of the
                                               Wyoming Game and Fish Commission’s                      and effect as law,’’ as a means of
                                               regulations. In the Service Assessment,                                                                          State regulations and the Tri-State MOA
                                                                                                       ‘‘setting any season or limit on numbers,                can be found on the Internet at http://
                                               set forth below, we anticipate that, prior              size, sex or species of wildlife classified
                                               to publication of our final rule, the                                                                            www.regulations.gov under Docket No.
                                                                                                       by the commission as game animals.’’                     FWS–R6–ES–2016–0042 or https://
                                               Governor of Wyoming will sign the
                                                                                                       Since grizzly bears are classified as                    www.fws.gov/mountain-prairie/es/
                                               version of the regulations that was
                                                                                                       game animals in Idaho Administrative                     grizzlybear.php; or upon request from
                                               approved by the Wyoming Game and
                                                                                                       Code 13.01.06.100.01e, the Idaho Fish                    the Grizzly Bear Recovery Office (see
                                               Fish Commission.
                                                  Idaho’s Fish and Game Commission                     and Game Commission may use a                            FOR FURTHER INFORMATION CONTACT).
                                               issued a proclamation relating to the                   proclamation to establish binding limits

                                                 TABLE 2—CROSS-REFERENCE BETWEEN THE REGULATORY REQUIREMENTS IN THE PROPOSED RULE TO REMOVE THE
                                                    GREATER YELLOWSTONE ECOSYSTEM POPULATION OF GRIZZLY BEARS FROM LISTING UNDER THE ENDANGERED
                                                    SPECIES ACT (81 FR 13174; MARCH 11, 2016) AND THE STATE GRIZZLY BEAR REGULATORY MECHANISMS
                                                                                                                  Montana (Tri-state memo-          Wyoming (Chapter 67 of
                                                                                                                    randum of agreement                                                   Idaho (ID Fish and Game
                                                   Required element described in the proposed rule                                                  WY Game and Fish Com-
                                                                                                                   (MOA) and Grizzly Bear                                                 Commission proclamation)
                                                                                                                                                      mission regulations)
                                                                                                                     hunting regulations)

                                               Requirement 1: Suspension of all discretionary mortality          Tri-State MOA: section            Section 4(c) .......................   Section 2.
                                                 inside the Demographic Monitoring Area (DMA), ex-                 IV(2)(a)(i), section
                                                 cept if required for human safety, if the model-aver-             IV(2)(c)(i), section
                                                 aged Chao2 population estimate falls below 600.                   IV(4)(a), and section
                                                                                                                   IV(6).
                                               Requirement 2: Suspension of grizzly bear hunting in-             Tri-State MOA: section            Section 4(d) .......................   Section 3 and section 5.
                                                 side the DMA if total mortality limits for any sex/age            IV(2)(c), section IV(4)(a),
                                                 class (as per tables 1, 2, and 3 in the proposed rule)            and section IV(6).
                                                 are met at any time during the year (these mortality
                                                 limits are reiterated in table 1 in this document).
                                               Requirement 3: Prohibition of recreational harvest of fe-         Tri-State MOA: section            Section 4(e) .......................   Section 4.
                                                 male grizzly bears with young.                                    IV(4)(b); Grizzly Bear
                                                                                                                   Hunting Regulations, pp.
                                                                                                                   4 and 7.
                                               Requirement 4: In a given year, allowance of discre-              Tri-State MOA: section            Section 4(d) and section               Section 5.
                                                 tionary mortality only if non-discretionary mortality             IV(2)(c), section IV(4)(a),       4(k).
                                                 (e.g., mortality from illegal kills, self-defense, cal-           and section IV(6).
                                                 culated unknown/unreported mortalities, natural mor-
                                                 talities, and other causes such as vehicle collisions)
                                                 does not meet or exceed total mortality limits for that
                                                 year.
                                               Requirement 5: Provisions to ensure that any mortality            Tri-State MOA: section            Section 4(g), section 4(k),            Section 6.
                                                 that exceeds total mortality limits in any year will be           IV(2)(c).                         and section 4(l).
                                                 subtracted from that age/sex class total mortality limit
                                                 for the following year to ensure that long-term mor-
                                                 tality levels remain within prescribed limits inside the
                                                 DMA.



                                               Service Assessment                                      based on our review, we believe the                      Peer Review and Public Comments
                                                                                                       regulatory framework in Montana,
                                                  The Service has reviewed the recently                                                                           In accordance with our joint policy on
                                                                                                       Wyoming, and Idaho, in combination
                                               finalized State regulations governing the                                                                        peer review published in the Federal
                                                                                                       with the Tri-State MOA, will maintain
                                               management of grizzly bears in the GYE                                                                           Register on July 1, 1994 (59 FR 34270),
                                                                                                       a recovered population of grizzly bears
                                               and the regulation of human-caused                                                                               we subjected the proposed delisting rule
                                               mortality (including the Tri-State MOA,                 in the GYE. We are accepting public                      to peer review. We received
                                               Montana’s Grizzly Bear Hunting                          comments on these State regulations                      submissions from five independent peer
                                               Regulations, Chapter 67 of Wyoming’s                    and our preliminary assessment that                      reviewers, and their input is available as
                                               Game and Fish Commission regulations,                   they provide adequate regulatory                         described under ADDRESSES. These peer
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                                               and Idaho’s Fish and Game Commission                    mechanisms such that we can conclude                     reviews were conducted by third-party
                                               Proclamation). Our preliminary                          that the population no longer meets the                  selected scientific experts in large
                                               assessment is that these documents are                  definition of threatened under the                       carnivore ecology and management with
                                               consistent with the letter or intent of the             Endangered Species Act.                                  expertise in one or more of the
                                               regulatory requirements regarding                                                                                following areas: population ecology,
                                               human-caused mortality that we                                                                                   management, demographics,
                                               outlined in the proposed rule. Thus,                                                                             conservation, and population genetics.


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                                                                  Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules                                                61661

                                               We welcome any comments on the                          References Cited                                      Authority
                                               proposed rule in light of these reviews                   A complete list of references cited is                The authority for this action is the
                                               (see compiled reviews in Amec Foster                    available: on the Internet at http://                 Endangered Species Act of 1973, as
                                               Wheeler, 2016). Previously received                     www.regulations.gov under Docket No.                  amended (16 U.S.C. 1531 et seq.).
                                               public comments, and the data and                       FWS–R6–ES–2016–0042; from the
                                               information they provided, can be found                 Service’s Mountain Prairie Region                       Dated: August 16, 2016.
                                               at http://www.regulations.gov under                     Grizzly Bear Web site https://                        James W. Kurth,
                                               Docket No. FWS–R6–ES–2016–0042.                         www.fws.gov/mountain-prairie/es/                      Acting Director, U.S. Fish and Wildlife
                                                                                                       grizzlybear.php; or upon request from                 Service.
                                                                                                       the Grizzly Bear Recovery Office (see                 [FR Doc. 2016–21368 Filed 9–6–16; 8:45 am]
                                                                                                       FOR FURTHER INFORMATION CONTACT).                     BILLING CODE 4333–15–P
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Document Created: 2016-09-07 11:50:09
Document Modified: 2016-09-07 11:50:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of comment period; availability of peer review and supplementary documents.
DatesWe will consider comments received or postmarked on or before October 7, 2016. Comments submitted electronically using the Federal
ContactWayne Kasworm, Acting Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, Grizzly Bear Recovery Office, University Hall, Room #309, University of Montana, Missoula, MT 59812; telephone 406-243-4903. For Tribal inquiries, contact Ivy Allen, Native American Liaison, U.S. Fish and Wildlife Service; telephone: 303-236-4575. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation81 FR 61658 
RIN Number1018-BA41

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