81 FR 71670 - Endangered and Threatened Wildlife and Plants; Proposed Rule for the North American Wolverine

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range		71670-71671
FR Document		2016-24929

We, the U.S. Fish and Wildlife Service (Service), notify the public that we are reopening the comment period on our February 4, 2013, proposed rule to list the distinct population segment of wolverine (Gulo gulo luscus) occurring in the contiguous United States as threatened, under the Endangered Species Act of 1973, as amended (Act). The District Court for the District of Montana vacated our August 13, 2014, withdrawal of our proposed rule to list the distinct population segment of the North American wolverine as threatened under the Act, which effectively returns the process to the stage of the proposed listing rule we published in 2013. We will initiate a new status review of the North American wolverine, to determine whether this distinct population segment meets the definition of an endangered or threatened species under the Act. We request new information regarding the North American wolverine to inform this status review. We may also reopen the comment period should we receive significant new information as a result of this document.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)

[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Proposed Rules]
[Pages 71670-71671]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-24929]

[[Page 71670]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2016-0106; 4500030114]
RIN 1018-BB78

Endangered and Threatened Wildlife and Plants; Proposed Rule for
the North American Wolverine

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), notify the
public that we are reopening the comment period on our February 4,
2013, proposed rule to list the distinct population segment of
wolverine (Gulo gulo luscus) occurring in the contiguous United States
as threatened, under the Endangered Species Act of 1973, as amended
(Act). The District Court for the District of Montana vacated our
August 13, 2014, withdrawal of our proposed rule to list the distinct
population segment of the North American wolverine as threatened under
the Act, which effectively returns the process to the stage of the
proposed listing rule we published in 2013. We will initiate a new
status review of the North American wolverine, to determine whether
this distinct population segment meets the definition of an endangered
or threatened species under the Act. We request new information
regarding the North American wolverine to inform this status review. We
may also reopen the comment period should we receive significant new
information as a result of this document.

DATES: In order to fully consider and incorporate public comment, the
Service requests submittal of comments by close of business November
17, 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:
Document availability: You may obtain copies of the proposed rule
and supporting documents on the internet at https://www.fws.gov/mountain-prairie/es/wolverine.php or at http://www.regulations.gov at
Docket No. FWS-R6-ES-2012-0107 or by mail from the Montana Ecological
Services Field Office (see FOR FURTHER INFORMATION CONTACT). Please
note that the docket number for background information on this species
is different from the docket number for the submission of comments,
which is provided in the headings of this document and also in the
following paragraphs:
Written Comments: You may submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Submit comments on the proposed listing rule by
searching for Docket No. FWS-R6-ES-2016-0106, which is the docket
number for this document and any further documents that may be
published related to this rulemaking action.
(2) By hard copy: Submit comments on the proposed listing rule by
U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-
R6-ES-2016-0106; U.S. Fish and Wildlife Service Headquarters, 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 the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Supervisor, U.S. Fish
and Wildlife Service, Montana Ecological Services Office, 585 Shepard
Way, Helena, MT 59601, by telephone (406) 449-5225). Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

Species Information

Please refer to the February 4, 2013, proposed listing rule at 78
FR 7864 for information about the wolverine's taxonomy; life history;
requirements for habitat, space, and food; densities; status in Canada
and Alaska; geographic range delineation complexities; distribution;
and habitat relationships and distribution. Please also refer to our
December 14, 2010, 12-month petition finding (75 FR 78030) and our
February 4, 2013, proposed rule to list the North American wolverine
(78 FR 7864) for a detailed evaluation of the wolverine under our
distinct population segment (DPS) policy, which published in the
Federal Register on February 7, 1996 (61 FR 4722).

Previous Federal Actions

Please refer to the proposed listing rule for the wolverine (78 FR
7864; February 4, 2013) for a detailed description of previous Federal
actions concerning the wolverine prior to 2013. On February 4, 2013, we
published a proposed rule to list the DPS of wolverine occurring in the
contiguous United States as threatened, under the Act, with a proposed
rule under section 4(d) of the Act that outlines the prohibitions
necessary and advisable for the conservation of the wolverine (78 FR
7864). We also published a February 4, 2013, proposed rule to establish
a nonessential experimental population (NEP) area for the North
American wolverine in the Southern Rocky Mountains of Colorado,
northern New Mexico, and southern Wyoming (78 FR 7890). On October 31,
2013, we reopened the comment period on the proposed listing rule for
an additional 30 days (78 FR 65248).
Following publication of the 2013 proposed rules, there was
scientific disagreement and debate about the interpretation of the
habitat requirements for wolverines and the available climate change
information used to determine the extent of threats to the DPS. Based
on this substantial disagreement regarding the sufficiency or accuracy
of the available data relevant to the proposed listing, on February 5,
2014 (79 FR 6874), we announced a 6-month extension of the final
determination of whether to list the wolverine DPS as a threatened
species. We also reopened the comment period on the proposed rule to
list the contiguous U.S. DPS of the North American wolverine for 90
days.
On August 13, 2014, we withdrew the proposed rule to list the DPS
of the North American wolverine as a threatened species under the Act
(79 FR 47522). This withdrawal was based on our conclusion that the
factors affecting the DPS as identified in the proposed rule were not
as significant as believed at the time of the proposed rule's
publication in 2013. As a result, we also withdrew our associated
proposed rule under section 4(d) of the Act contained in the proposed
listing rule and withdrew the proposed NEP designation under section
10(j) of the Act for the southern Rocky Mountains.
In October 2014, three complaints were filed in the District Court
for the District of Montana by Defenders of Wildlife, WildEarth
Guardians, Center for Biological Diversity, and other organizations
challenging the withdrawal of the proposal to list the North American
wolverine DPS.

[[Page 71671]]

Numerous parties intervened in the litigation. These three cases were
consolidated, and on April 4, 2016, the court issued a decision. As a
result of the court order, the August 13, 2014, withdrawal was vacated
and remanded to the Service for further consideration consistent with
the order.
In effect, the court's action returns the process to the proposed
rule stage, and the status of the wolverine under the Act has
effectively reverted to that of a proposed species for the purposes of
consultation under section 7 of the Act. Therefore, this document
notifies the public that we are reopening the comment period on the
February 4, 2013, proposed rule to list the DPS of wolverine occurring
in the contiguous United States as threatened, under the Act (78 FR
7864). We also announce that we will be initiating an entirely new
status review of the North American wolverine, to determine whether
this DPS meets the definition of an endangered or threatened species
under the Act, or whether the species is not warranted for listing. Any
listing determination we make must be made based on the best available
information. We invite the public to comment on the proposed rule, and
we request new information regarding the North American wolverine that
has become available since the publication of the proposed rule to
inform this status review.

Public Comments

We will accept written comments and information during this
reopened comment period on our proposed rule to list the DPS of
wolverine occurring in the contiguous United States as threatened that
was published in the Federal Register on February 4, 2013 (78 FR 7864).
We will consider information and recommendations from all interested
parties. We are particularly interested in comments concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and regulations that may
be addressing those threats.
(2) Additional information concerning the historical and current
status, range, distribution, and population size of this species,
including the locations of any additional populations of this species.
(3) Any information on the biological or ecological requirements of
the species, and ongoing conservation measures or efforts for the
species and its habitat.
(4) Current or planned activities in the areas occupied by the
species and possible impacts of these activities on this species.
(5) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.) including whether and how the wolverine may benefit from such a
designation; whether there are threats to the species from human
activity, the degree to which it can be expected to increase due to a
critical habitat designation, and whether that increase in threat
outweighs the benefit of designation such that the designation of
critical habitat may not be prudent.
(6) Specific information on the amount and distribution of
wolverine habitat, including den sites.
(7) Specific information on the impacts of small population size
and genetic diversity on the wolverine.
(8) Information on the projected and reasonably likely impacts of
climate change on the wolverine and its habitat, including the loss of
snowpack and impacts to wolverine denning habitat.
(9) Additional provisions the Service may wish to consider to
conserve, recover, and manage the proposed DPS of the North American
wolverine occurring in the contiguous United States.
If you submitted comments or information on the proposed rule (78
FR 7864) during the initial comment periods from February 4, 2013, to
May 6, 2013, from October 31, 2013 to December 2, 2013, or from
February 4, 2014, to May 6, 2014, please do not resubmit them. Any such
comments are incorporated as part of the public record of this
rulemaking proceeding, and we will fully consider them in the
preparation of our final determination. Our final determination will
take into consideration all written comments and any additional
information we receive during all comment periods. The final decision
may differ from the proposed rule, based on our review of all
information received during this rulemaking proceeding. If we receive
significant new scientific information, we may need to reopen the
public comment period so that the public can comment on the new
information.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. 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.
Comments and materials we receive will be available for public
inspection on http://www.regulations.gov at Docket No. FWS-R6-ES-2016-
0106, and supporting documentation we used in preparing the proposed
rule will be available for public inspection on the internet at https://www.fws.gov/mountain-prairie/es/wolverine.php or at http://www.regulations.gov at Docket No. FWS-R6-ES-2012-0107, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Montana Ecological Services Office (see FOR FURTHER
INFORMATION CONTACT). You may obtain copies of the proposed rule on the
Internet at http://www.regulations.gov at Docket No. FWS-R6-ES-2012-
0107, or by mail from the Montana Ecological Services Office (see FOR
FURTHER INFORMATION CONTACT). Please note that the 2012 docket has
documents and other information related to the proposed rule, as well
as the comments received and the proposed rule itself, and the 2016
docket is the correct docket for submission of comments.

Authors

The primary authors of this notice are the staff members of the
Mountain Prairie Regional Office, U.S. Fish and Wildlife Service.

Authority

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

Dated: September 19, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24929 Filed 10-17-16; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules 71671

Numerous parties intervened in the possible impacts of these activities on submit a hardcopy comment that
litigation. These three cases were this species. includes personal identifying
consolidated, and on April 4, 2016, the (5) The reasons why we should or information, you may request at the top
court issued a decision. As a result of should not designate habitat as ‘‘critical of your document that we withhold this
the court order, the August 13, 2014, habitat’’ under section 4 of the Act (16 information from public review.
withdrawal was vacated and remanded U.S.C. 1531 et seq.) including whether However, we cannot guarantee that we
to the Service for further consideration and how the wolverine may benefit will be able to do so.
consistent with the order. from such a designation; whether there
are threats to the species from human Comments and materials we receive
In effect, the court’s action returns the
process to the proposed rule stage, and activity, the degree to which it can be will be available for public inspection
the status of the wolverine under the expected to increase due to a critical on http://www.regulations.gov at Docket
Act has effectively reverted to that of a habitat designation, and whether that No. FWS–R6–ES–2016–0106, and
proposed species for the purposes of increase in threat outweighs the benefit supporting documentation we used in
consultation under section 7 of the Act. of designation such that the designation preparing the proposed rule will be
Therefore, this document notifies the of critical habitat may not be prudent. available for public inspection on the
public that we are reopening the (6) Specific information on the internet at https://www.fws.gov/
comment period on the February 4, amount and distribution of wolverine mountain-prairie/es/wolverine.php or at
2013, proposed rule to list the DPS of habitat, including den sites. http://www.regulations.gov at Docket
wolverine occurring in the contiguous (7) Specific information on the No. FWS–R6–ES–2012–0107, or by
impacts of small population size and appointment, during normal business
United States as threatened, under the
genetic diversity on the wolverine.
Act (78 FR 7864). We also announce hours, at the U.S. Fish and Wildlife
(8) Information on the projected and
that we will be initiating an entirely Service, Montana Ecological Services
reasonably likely impacts of climate
new status review of the North Office (see FOR FURTHER INFORMATION
change on the wolverine and its habitat,
American wolverine, to determine CONTACT). You may obtain copies of the
including the loss of snowpack and
whether this DPS meets the definition of proposed rule on the Internet at http://
impacts to wolverine denning habitat.
an endangered or threatened species (9) Additional provisions the Service www.regulations.gov at Docket No.
under the Act, or whether the species is may wish to consider to conserve, FWS–R6–ES–2012–0107, or by mail
not warranted for listing. Any listing recover, and manage the proposed DPS from the Montana Ecological Services
determination we make must be made of the North American wolverine Office (see FOR FURTHER INFORMATION
based on the best available information. occurring in the contiguous United CONTACT). Please note that the 2012
We invite the public to comment on the States. docket has documents and other
proposed rule, and we request new If you submitted comments or information related to the proposed
information regarding the North information on the proposed rule (78 FR rule, as well as the comments received
American wolverine that has become 7864) during the initial comment and the proposed rule itself, and the
available since the publication of the periods from February 4, 2013, to May
proposed rule to inform this status 2016 docket is the correct docket for
6, 2013, from October 31, 2013 to submission of comments.
review. December 2, 2013, or from February 4,
Public Comments 2014, to May 6, 2014, please do not Authors
resubmit them. Any such comments are
We will accept written comments and incorporated as part of the public record The primary authors of this notice are
information during this reopened of this rulemaking proceeding, and we the staff members of the Mountain
comment period on our proposed rule to will fully consider them in the Prairie Regional Office, U.S. Fish and
list the DPS of wolverine occurring in preparation of our final determination. Wildlife Service.
the contiguous United States as Our final determination will take into
threatened that was published in the Authority
consideration all written comments and
Federal Register on February 4, 2013 any additional information we receive The authority for this action is the
(78 FR 7864). We will consider during all comment periods. The final Endangered Species Act of 1973, as
information and recommendations from decision may differ from the proposed amended (16 U.S.C. 1531 et seq.).
all interested parties. We are rule, based on our review of all
particularly interested in comments Dated: September 19, 2016.
information received during this
concerning: rulemaking proceeding. If we receive Stephen Guertin,
(1) Biological, commercial trade, or significant new scientific information, Acting Director, U.S. Fish and Wildlife
other relevant data concerning any we may need to reopen the public Service.
threats (or lack thereof) to this species comment period so that the public can [FR Doc. 2016–24929 Filed 10–17–16; 8:45 am]
and regulations that may be addressing comment on the new information. BILLING CODE 4333–15–P
those threats. You may submit your comments and
(2) Additional information concerning materials concerning the proposed rule
the historical and current status, range, by one of the methods listed in
distribution, and population size of this ADDRESSES. We request that you send
species, including the locations of any comments only by the methods
additional populations of this species. described in ADDRESSES.
Lhorne on DSK30JT082PROD with PROPOSALS

(3) Any information on the biological If you submit a comment via http://
or ecological requirements of the www.regulations.gov, your entire
species, and ongoing conservation comment—including any personal
measures or efforts for the species and identifying information—will be posted
its habitat. on the Web site. We will post all
(4) Current or planned activities in the hardcopy comments on http://
areas occupied by the species and www.regulations.gov as well. If you

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Document Created: 2016-10-17 23:52:31
Document Modified: 2016-10-17 23:52:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; reopening of comment period.
Dates		In order to fully consider and incorporate public comment, the Service requests submittal of comments by close of business November 17, 2016. Comments submitted electronically using the Federal
Contact		Jodi Bush, Field Supervisor, U.S. Fish and Wildlife Service, Montana Ecological Services Office, 585 Shepard Way, Helena, MT 59601, by telephone (406) 449-5225). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation		81 FR 71670
RIN Number		1018-BB78

81 FR 71670 - Endangered and Threatened Wildlife and Plants; Proposed Rule for the North American Wolverine

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 201 (October 18, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service