82 FR 20284 - Endangered and Threatened Wildlife and Plants; Reinstatement of Removal of Federal Protections for Gray Wolves in Wyoming

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range		20284-20285
FR Document		2017-08720

We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that reinstates the removal of Federal protections for the gray wolf (Canis lupus) in Wyoming under the Endangered Species Act of 1973, as amended. Pursuant to the United States Court of Appeals for the District of Columbia Circuit order dated March 3, 2017, and mandate dated April 25, 2017, this rule again removes gray wolves in Wyoming from the List of Endangered and Threatened Wildlife.

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)

[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20284-20285]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08720]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2017-0025; FXES11130900000 167 FF09E42000]
RIN 1018-BC04


Endangered and Threatened Wildlife and Plants; Reinstatement of 
Removal of Federal Protections for Gray Wolves in Wyoming

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing 
this final rule to comply with a court order that reinstates the 
removal of Federal protections for the gray wolf (Canis lupus) in 
Wyoming under the Endangered Species Act of 1973, as amended. Pursuant 
to the United States Court of Appeals for the District of Columbia 
Circuit order dated March 3, 2017, and mandate dated April 25, 2017, 
this rule again removes gray wolves in Wyoming from the List of 
Endangered and Threatened Wildlife.

DATES: This action is effective May 1, 2017. The United States Court of 
Appeals for the District of Columbia Circuit order dated March 3, 2017, 
and mandate dated April 25, 2017, removing Federal protections for the 
gray wolf in Wyoming had legal effect immediately upon filing of the 
mandate.

ADDRESSES: This final rule is available electronically at http://www.regulations.gov in Docket No. FWS-R6-ES-2017-0025. It will also be 
available for inspection, by appointment, during normal business hours 
at U.S. Fish and Wildlife Service, Mountain-Prairie Regional Office, 
Ecological Services Division, 134 Union Blvd., Lakewood, CO 80228; 
telephone (303) 236-7400. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

FOR FURTHER INFORMATION CONTACT: For information on wolves in Wyoming, 
contact Tyler Abbott, Wyoming Field Office Supervisor, U.S. Fish and 
Wildlife Service, 5353 Yellowstone Rd., Suite 308A, Cheyenne, WY 82009; 
telephone (307) 772-2374. Individuals who are hearing impaired or 
speech impaired may call the Federal Relay Service at 800-877-8337 for 
TTY assistance.

SUPPLEMENTARY INFORMATION:

Background

    The Federal List of Endangered and Threatened Wildlife (List), 
which is authorized by the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.), is located in title 50 of the Code of 
Federal Regulations in part 17 (50 CFR 17.11(h)). On September 10, 
2012, we published a final rule to remove the gray wolf in Wyoming from 
the List and remove this population's status as a nonessential 
experimental population under the ESA (77 FR 55530; ``2012 final 
rule''). Additional background information on the gray wolf in Wyoming 
and on this decision, including previous Federal actions, can be found 
in our 2012 final rule at http://www.regulations.gov in Docket No. FWS-
R6-ES-2011-0039, or at https://www.fws.gov/mountain-prairie/es/grayWolf.php.
    Various groups filed lawsuits challenging our 2012 final rule. On 
September 23, 2014, the U.S. District Court for the District of 
Columbia vacated and set aside our 2012 final rule (Defenders of 
Wildlife v. Jewell, 68 F. Supp. 3d 193 (D.D.C. 2014)) and reinstated 
our April 2, 2009 (74 FR 15123), final rule that protected gray wolves 
in Wyoming as a nonessential experimental population under the ESA. On 
December 1, 2014, the United States appealed the District Court's 
decision to the U.S. Court of Appeals for the District of Columbia 
Circuit. Pending the appeal, and consistent with the District Court's 
September 23, 2014, order, we published a final rule reinstating the 
April 2, 2009, final rule protecting the gray wolf in Wyoming (80 FR 
9218, February 20, 2015).
    On March 3, 2017, the U.S. Court of Appeals, in a unanimous 
opinion, reversed the ruling of the U.S. District Court Defenders of 
Wildlife v. Zinke, No. 14-5300 (D.C. Cir. March 3, 2017). On April 25, 
2017, the U.S. Court of Appeals issued its mandate consistent with its 
March 3, 2017, opinion reversing the U.S. District Court's vacatur of 
our 2012 final rule for gray wolves in Wyoming. The issuance of the 
mandate makes the delisting go into effect. To the extent that a 
regulatory change is required to effectuate the delisting, we are doing 
so now. Therefore, this rule amends the List of Endangered and 
Threatened Wildlife by removing gray wolves in Wyoming.

Administrative Procedure

    This rulemaking is necessary to comply with the March 3, 2017, 
court order and April 25, 2017, mandate. Therefore, under these 
circumstances, the Director has determined, pursuant to 5 U.S.C. 
553(b)(3)(B), that prior notice and opportunity for public comment are 
impractical and unnecessary. The Director has further determined, 
pursuant to 5 U.S.C. 553(d)(3), that the court order and mandate 
constitute good cause to make this rule effective upon publication.

Effects of the Rule

    Per the March 3, 2017, court order and April 25, 2017, mandate, the 
protections of the ESA are removed for gray wolves in Wyoming. 
Additionally, the regulations under section 10(j) of the ESA at 50 CFR 
17.84(i) and (n) designating Wyoming as a nonessential experimental 
population area are also removed.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    To comply with the court order and mandate discussed above, we 
amend part 17, subchapter B of chapter I, title 50 of the CFR, as set 
forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.


Sec.  17.11   [Amended]

0
2. Amend Sec.  17.11(h) by removing the entry for ``Wolf, gray 
[Northern Rocky Mountain DPS]'' under MAMMALS from the List of 
Endangered and Threatened Wildlife.

[[Page 20285]]

Sec.  17.84   [Amended]

0
3. Amend Sec.  17.84 by removing and reserving paragraphs (i) and (n).

    Dated: March 28, 2017.
James K. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-08720 Filed 4-28-17; 8:45 am]
 BILLING CODE 4333-15-P

20284 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

Parts (303) 236–7400. Persons who use a reversing the U.S. District Court’s
Commodity per million telecommunications device for the deaf vacatur of our 2012 final rule for gray
(TDD) may call the Federal Relay wolves in Wyoming. The issuance of the
Soybean, forage ................... 0.15 Service at 800–877–8339. mandate makes the delisting go into
Soybean, hay ........................ 0.30
FOR FURTHER INFORMATION CONTACT: For effect. To the extent that a regulatory
Soybean, meal ...................... 0.05
Soybean, seed ...................... 0.04 information on wolves in Wyoming, change is required to effectuate the
contact Tyler Abbott, Wyoming Field delisting, we are doing so now.
(b) Section 18 emergency exemptions. Office Supervisor, U.S. Fish and Therefore, this rule amends the List of
[Reserved] Wildlife Service, 5353 Yellowstone Rd., Endangered and Threatened Wildlife by
(c) Tolerances with regional Suite 308A, Cheyenne, WY 82009; removing gray wolves in Wyoming.
registrations. [Reserved] telephone (307) 772–2374. Individuals
(d) Indirect or inadvertent residues. who are hearing impaired or speech Administrative Procedure
[Reserved] impaired may call the Federal Relay
This rulemaking is necessary to
Service at 800–877–8337 for TTY
[FR Doc. 2017–08538 Filed 4–28–17; 8:45 am]
assistance. comply with the March 3, 2017, court
BILLING CODE 6560–50–P order and April 25, 2017, mandate.
SUPPLEMENTARY INFORMATION: Therefore, under these circumstances,
Background the Director has determined, pursuant to
DEPARTMENT OF THE INTERIOR 5 U.S.C. 553(b)(3)(B), that prior notice
The Federal List of Endangered and
Threatened Wildlife (List), which is and opportunity for public comment are
Fish and Wildlife Service impractical and unnecessary. The
authorized by the Endangered Species
Act of 1973, as amended (ESA; 16 Director has further determined,
50 CFR Part 17 pursuant to 5 U.S.C. 553(d)(3), that the
U.S.C. 1531 et seq.), is located in title 50
[Docket No. FWS–R6–ES–2017–0025; of the Code of Federal Regulations in court order and mandate constitute good
FXES11130900000 167 FF09E42000] part 17 (50 CFR 17.11(h)). On September cause to make this rule effective upon
RIN 1018–BC04 10, 2012, we published a final rule to publication.
remove the gray wolf in Wyoming from Effects of the Rule
Endangered and Threatened Wildlife the List and remove this population’s
and Plants; Reinstatement of Removal status as a nonessential experimental Per the March 3, 2017, court order
of Federal Protections for Gray Wolves population under the ESA (77 FR 55530; and April 25, 2017, mandate, the
in Wyoming ‘‘2012 final rule’’). Additional protections of the ESA are removed for
background information on the gray gray wolves in Wyoming. Additionally,
AGENCY: Fish and Wildlife Service,
wolf in Wyoming and on this decision, the regulations under section 10(j) of the
Interior.
including previous Federal actions, can ESA at 50 CFR 17.84(i) and (n)
ACTION: Final rule. be found in our 2012 final rule at http:// designating Wyoming as a nonessential
SUMMARY: We, the U.S. Fish and www.regulations.gov in Docket No. experimental population area are also
Wildlife Service (Service), are issuing FWS–R6–ES–2011–0039, or at https:// removed.
this final rule to comply with a court www.fws.gov/mountain-prairie/es/
order that reinstates the removal of grayWolf.php. List of Subjects in 50 CFR Part 17
Various groups filed lawsuits
Federal protections for the gray wolf Endangered and threatened species,
challenging our 2012 final rule. On
(Canis lupus) in Wyoming under the Exports, Imports, Reporting and
September 23, 2014, the U.S. District
Endangered Species Act of 1973, as recordkeeping requirements,
Court for the District of Columbia
amended. Pursuant to the United States Transportation.
vacated and set aside our 2012 final rule
Court of Appeals for the District of
(Defenders of Wildlife v. Jewell, 68 F.
Columbia Circuit order dated March 3, Regulation Promulgation
Supp. 3d 193 (D.D.C. 2014)) and
2017, and mandate dated April 25,
reinstated our April 2, 2009 (74 FR To comply with the court order and
2017, this rule again removes gray
15123), final rule that protected gray mandate discussed above, we amend
wolves in Wyoming from the List of
wolves in Wyoming as a nonessential part 17, subchapter B of chapter I, title
Endangered and Threatened Wildlife.
experimental population under the ESA. 50 of the CFR, as set forth below:
DATES: This action is effective May 1, On December 1, 2014, the United States
2017. The United States Court of appealed the District Court’s decision to PART 17—ENDANGERED AND
Appeals for the District of Columbia the U.S. Court of Appeals for the District
Circuit order dated March 3, 2017, and THREATENED WILDLIFE AND PLANTS
of Columbia Circuit. Pending the
mandate dated April 25, 2017, removing appeal, and consistent with the District
Federal protections for the gray wolf in ■ 1. The authority citation for part 17
Court’s September 23, 2014, order, we continues to read as follows:
Wyoming had legal effect immediately published a final rule reinstating the
upon filing of the mandate. April 2, 2009, final rule protecting the Authority: 16 U.S.C. 1361–1407; 1531–
ADDRESSES: This final rule is available gray wolf in Wyoming (80 FR 9218, 1544; and 4201–4245, unless otherwise
electronically at http:// February 20, 2015). noted.
www.regulations.gov in Docket No. On March 3, 2017, the U.S. Court of
§ 17.11 [Amended]
mstockstill on DSK30JT082PROD with RULES

FWS–R6–ES–2017–0025. It will also be Appeals, in a unanimous opinion,
available for inspection, by reversed the ruling of the U.S. District ■ 2. Amend § 17.11(h) by removing the
appointment, during normal business Court Defenders of Wildlife v. Zinke, entry for ‘‘Wolf, gray [Northern Rocky
hours at U.S. Fish and Wildlife Service, No. 14–5300 (D.C. Cir. March 3, 2017). Mountain DPS]’’ under MAMMALS
Mountain-Prairie Regional Office, On April 25, 2017, the U.S. Court of from the List of Endangered and
Ecological Services Division, 134 Union Appeals issued its mandate consistent Threatened Wildlife.
Blvd., Lakewood, CO 80228; telephone with its March 3, 2017, opinion

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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations 20285

§ 17.84 [Amended] DATES: The possession and trip limit For Handgear A and Handgear B
■ 3. Amend § 17.84 by removing and implementation is effective at 0001 vessels, possession and trip limits for
reserving paragraphs (i) and (n). hours on May 1, 2017, through April 30, GB and GOM cod are tied to the
2018. possession and trip limits for groundfish
Dated: March 28, 2017. days-at-sea (DAS) vessels. The default
James K. Kurth, FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management cod trip limit is 300 lb (136 kg) for
Acting Director, U.S. Fish and Wildlife Handgear A vessels and 75 lb (34 kg) for
Service. Specialist, 978–281–9232.
Handgear B vessels. If the GOM or GB
[FR Doc. 2017–08720 Filed 4–28–17; 8:45 am] SUPPLEMENTARY INFORMATION: The cod landing limit for vessels fishing on
BILLING CODE 4333–15–P regulations at § 648.86(o) authorize the a groundfish DAS drops below 300 lb
Regional Administrator (RA) to (136 kg), then the respective Handgear
implement possession and trip limits for A cod trip limit must be reduced to the
common pool vessels in order to same limit. Similarly, the Handgear B
DEPARTMENT OF COMMERCE
prevent the overharvest of common pool trip limit must be adjusted
National Oceanic and Atmospheric quotas. Effective May 1, 2017, this proportionally (rounded up to the
Administration action sets the initial possession and nearest 25 lb (11 kg)) to the DAS limit.
trip limits for the 2017 fishing year, as This action sets the trip limit of GOM
50 CFR Part 648 summarized in Tables 1 and 2 below. cod to 25 lb (11 kg) per DAS, up to 100
These possession and trip limits were lb (45 kg) per trip for vessels fishing on
[Docket No. 150105004–5355–01] developed after considering any changes a groundfish DAS, which is 97 percent
to the common pool quota, preliminary lower than the default limit specified in
RIN 0648–XF377 2017 sector rosters, and 2016 catch the regulations for these vessels (800 lb
rates. These adjustments are intended to (363 kg) per DAS). As a result, the
Fisheries of the Northeastern United facilitate optimized harvest of the Handgear A and Handgear B trip limit
States; Northeast Multispecies common pool quotas and prevent early for GOM cod is 25 lb (11 kg) per trip.
Fishery; Possession and Trip Limit trimester closures. This action sets the possession and trip
Implementation for the Common Pool
The initial 2017 possession and trip limit of GB cod at 250 lb (136 kg) per
Fishery
limits are the same as the initial 2016 DAS, up to 500 lb (227 kg) per trip for
AGENCY: National Marine Fisheries limits, with the exception of four stocks vessels fishing on a groundfish DAS
Service (NMFS), National Oceanic and (Georges Bank (GB) cod, Gulf of Maine outside the Eastern U.S./Canada Area.
Atmospheric Administration (NOAA), (GOM) haddock, Southern New As a result, the Handgear A trip limit for
Commerce. England/Mid-Atlantic (SNE/MA) GB cod is also set at 250 lb (136 kg) per
ACTION: Temporary rule; possession and yellowtail flounder, and witch trip, and the Handgear B trip limit is 25
trip limit implementation. flounder). The initial possession and lb (11 kg) per trip.
trip limit for GB cod outside the Eastern Weekly quota monitoring reports for
SUMMARY: This action sets the initial U.S./Canada area and witch flounder are the common pool fishery can be found
possession and trip limits for Northeast reduced relative to initial 2016 on our Web site at: http://www.greater
multispecies common pool vessels for possession and trip limits to prevent atlantic.fisheries.noaa.gov/ro/fso/
the 2017 fishing year. The regulations early stock area closures in Trimester 1 MultiMonReports.htm. We will continue
authorize the Regional Administrator to as occurred in 2016. For GOM haddock to monitor common pool catch through
implement trip limits for common pool and SNE/MA yellowtail flounder, the vessel trip reports, dealer-reported
vessels in order to prevent exceeding initial 2017 limits are higher than the landings, vessel monitoring system
the pertinent common pool quotas. This initial 2016 limits to allow additional catch reports, and other available
action is intended to optimize the opportunities given that quota information and, if necessary, we will
harvest of Northeast regulated utilization was low for these stocks in make additional adjustments to
multispecies. 2016. common pool management measures.

TABLE 1—INITIAL 2016 AND INITIAL 2017 COMMON POOL POSSESSION AND TRIP LIMITS
Stock 2016 Trip limit 2017 Trip limit

GB Cod (outside Eastern 500 lb (227 kg) per DAS, up to 2,500 lb per (1,134 kg) 250 lb (113 kg) per DAS, up to 500 lb per (227 kg) per
U.S./Canada Area). per trip. trip.
GB Cod (inside Eastern 100 lb (45 kg) per DAS, up to 500 lb (227 kg) per trip .. 100 lb (45 kg) per DAS, up to 500 lb (227 kg) per trip.
U.S./Canada Area).
GOM Cod ............................. 25 lb (11 kg) per DAS, up to 100 lb (45 kg) per trip ...... 25 lb (11 kg) per DAS, up to 100 lb (45 kg) per trip.
GB Haddock ......................... 100,000 lb (45,359 kg) per trip ....................................... 100,000 lb (45,359 kg) per trip.
GOM Haddock ..................... 200 lb (91 kg) per DAS up to 600 lb (272 kg) per trip ... 500 lb (227 kg) per DAS up to 1,000 lb (454 kg) per
trip.
GB Yellowtail Flounder ........ 100 lb (45 kg) per trip ..................................................... 100 lb (45 kg) per trip.
SNE/MA Yellowtail Flounder 250 lb (113 kg) per DAS, up to 500 lb (227 kg) per trip 500 lb (227 kg) per DAS, up to 1,000 lb (454 kg) per
trip.
Cape Cod (CC)/GOM 750 lb (340 kg) per DAS up to 1,500 lb (680 kg) per 750 lb (340 kg) per DAS up to 1,500 lb (680 kg) per
mstockstill on DSK30JT082PROD with RULES

Yellowtail Flounder. trip. trip.
American plaice ................... 1,000 lb (454 kg) per trip ................................................ 1,000 lb (454 kg) per trip.
Witch Flounder ..................... 250 lb (113 kg) per trip ................................................... 150 lb (68 kg) per trip.
GB Winter Flounder ............. 250 lb (113 kg) per trip ................................................... 250 lb (113 kg) per trip.
GOM Winter Flounder .......... 2,000 lb (907 kg) per trip ................................................ 2,000 lb (907 kg) per trip.
SNE/MA Winter Flounder .... 2,000 lb (907 kg) per DAS, up to 4,000 lb (1,814 kg) 2,000 lb (907 kg) per DAS, up to 4,000 lb (1,814 kg)
per trip. per trip.

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Document Created: 2017-04-29 03:16:35
Document Modified: 2017-04-29 03:16:35

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		Rules and Regulations
Action		Final rule.
Dates		This action is effective May 1, 2017. The United States Court of Appeals for the District of Columbia Circuit order dated March 3, 2017, and mandate dated April 25, 2017, removing Federal protections for the gray wolf in Wyoming had legal effect immediately upon filing of the mandate.
Contact		For information on wolves in Wyoming, contact Tyler Abbott, Wyoming Field Office Supervisor, U.S. Fish and Wildlife Service, 5353 Yellowstone Rd., Suite 308A, Cheyenne, WY 82009; telephone (307) 772-2374. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 800-877-8337 for TTY assistance.
FR Citation		82 FR 20284
RIN Number		1018-BC04
CFR Associated		Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

82 FR 20284 - Endangered and Threatened Wildlife and Plants; Reinstatement of Removal of Federal Protections for Gray Wolves in Wyoming

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 82 (May 1, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service