I 112th CONGRESS 1st Session H. R. 1819 IN THE HOUSE OF REPRESENTATIVES May 10, 2011 Mrs. Miller of Michigan (for herself, Mr. Flake, Mr. Matheson, Mrs. Lummis, Mr. Bishop of Utah, Mr. Chaffetz, Mr. Kline, and Mr. Benishek) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to provide for State management of population segments of gray wolves in the United States, and for other purposes.

1.

Short title

This Act may be cited as the State Wildlife Management Act of 2011.

2.

Status of population segments of gray wolves

(a)Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: (j)

Status of gray wolves

(1)

Status of Northern Rocky Mountain distinct population segment

(A)

In general

Notwithstanding any other provision of law (including regulations), any gray wolf that is located in any State that is within the range of the Northern Rocky Mountain distinct population segment or anywhere in the State of Nevada or Colorado shall not be treated as an endangered species or threatened species and shall not be subject to this Act, except as provided in subparagraph (B). (B)

State management authority

(i)Each of the States that is within the range of the Northern Rocky Mountain distinct population segment, and each of Nevada and Colorado, may manage all gray wolves within its boundaries for so long as there are at least 450 gray wolves in the Northern Rocky Mountain distinct population segment. (ii)If the number of gray wolves in such segment is less than 450 gray wolves, as demonstrated by the Secretary of the Interior, gray wolf populations within the Northern Rocky Mountain distinct population segment shall be temporarily treated as an endangered species or threatened species, as determined by the Secretary, and clause (i) shall not apply, until the Secretary determines that the number of gray wolves in such segment is equal to at least 450 during 2 consecutive years. (2)

Status of Western Great Lakes distinct population segment

(A)

In general

Notwithstanding any other provision of the law (including regulations), any gray wolf that is located in any State that is within the range of the Western Great Lakes distinct population segment shall not be treated as an endangered species or threatened species and shall not be subject to this Act, except as provided in subparagraph (B). (B)

State management authority

(i)Each of the States that is within the range of the Western Great Lakes distinct population segment may manage all gray wolves within its boundaries for so long as the number of gray wolves within its boundaries is— (I)for Minnesota, at least 1,200; (II)for Michigan, at least 150; and (III)for Wisconsin, at least 150. (ii)If the number of gray wolves in such a State is less than the number specified for the State in clause (i), as demonstrated by the Secretary of the Interior, gray wolf populations in that State that are part of the Western Great Lakes distinct population segment shall be temporarily treated as an endangered species or threatened species, as determined by the Secretary, and clause (i) shall not apply with respect to that State, until the Secretary determines that the number of gray wolves in such State is equal to at least that number during 2 consecutive years. (3)

Status of Arizona and New Mexico gray wolf

(A)

In general

Notwithstanding any other provision of the law (including regulations) any gray wolf that is located in Arizona or New Mexico shall not be treated as an endangered species or threatened species and shall not be subject to this Act, except as provided in subparagraph (B). (B)

State management authority

(i)Each of the States of Arizona and New Mexico may manage all gray wolves within its boundaries for so long as the combined total number of gray wolves in those States is at least 100 gray wolves. (ii)If the combined total number of gray wolves in those States is less than the number specified in clause (i), as demonstrated by the Secretary of the Interior, gray wolf populations in those States shall be temporarily treated as an endangered species or threatened species, as determined by the Secretary, and clause (i) shall not apply with respect to those States, until the Secretary determines that the combined total number of gray wolves in those States is equal to at least that number during 2 consecutive years. (4)

Definitions

In this subsection: (A)

Gray wolf

The term gray wolf means any taxonomic group traditionally associated with the gray wolf, including Canus lupus, Canus lupus lycaon, and Canus lupus baileyi, regardless of specific taxonomy of any particular gray wolf variety as a species, subspecies, or other designation. (B)

Northern Rocky Mountain distinct population segment

The term Northern Rocky Mountain distinct population segment means the distinct population segment of gray wolf described by the United States Fish and Wildlife Service in the final rule entitled Endangered and Threatened Wildlife and Plants; Final Rule Designating the Northern Rocky Mountain Population Segment of Gray Wolf as a Distinct Population Segment and Removing the Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife (73 Fed. Reg. 10514 (February 27, 2008)). (C)

Western Great Lakes distinct population segment

The term Western Great Lakes distinct population segment means the distinct population segment of gray wolf described by the United States Fish and Wildlife Service in the Final Rule to Delist Gray Wolf Western Great Lakes Distinct Population Segment, as published February 8, 2007 (72 Fed. Reg. 6052). .