[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)] [Notices] [Pages 38464-38465] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-18137] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of Draft Habitat-Based Recovery Criteria for the Grizzly Bear (Ursus arctos horribilis) for Review and Comment AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of document availability. ----------------------------------------------------------------------- SUMMARY: We, the Fish and Wildlife Service (Service), announce the availability for public review of draft habitat-based recovery criteria for the grizzly bear (Ursus arctos horribilis) in the Yellowstone Ecosystem. Final habitat-based recovery criteria will be appended to the Grizzly Bear Recovery Plan. We solicit review and comment from the public on this draft information. DATES: Comments on the draft habitat-based recovery criteria must be received on or before September 14, 1999 to ensure that they will be received in time for our consideration prior to finalization of the criteria. ADDRESSES: Persons wishing to review the draft habitat-based recovery criteria may obtain a copy by contacting the Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, University Hall, Room 309, University of Montana, Missoula, Montana 59812. Written comments and materials regarding this information should be sent to the Recovery Coordinator at the address given above. Comments and materials received are available on request for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Dr. Christopher Servheen, Grizzly Bear Recovery Coordinator (see ADDRESSES above), at telephone (406) 243- 4903. SUPPLEMENTARY INFORMATION: Background Restoring an endangered or threatened animal or plant to the point where it is again a secure, self-sustaining member of its ecosystem is a primary goal of the Fish and Wildlife Service's endangered species program. To help guide the recovery effort, we prepare recovery plans for most of the listed species native to the United States. Recovery plans describe actions considered necessary for conservation of the species, establish criteria for recovery levels for reclassifying or delisting the species, and estimate time and cost for implementing the recovery measures needed. The grizzly bear was listed under the Endangered Species Act of 1973 (Act) as amended as a threatened species in the 48 conterminous States on July 28, 1995 (40 FR 31734). Threats to grizzly bear populations come primarily from habitat modification caused by human activities and from direct bear/human conflicts resulting from recreational and resource use activities, highway and railroad corridors, and illegal mortality. In May 1994 The Fund For Animals, Inc., and 22 other organizations and individuals filed suit in the U.S. District Court for the District of Columbia over the adequacy of the Plan approved in 1993. Later in May 1994 the National Audubon Society and 19 other organizations and individuals also filed suit in the same court. The two cases were eventually consolidated. In September 1995 the court issued an opinion. The motions for summary judgment of both the plaintiffs and the defendants were granted in part and denied in part. The court remanded five issues that might affect grizzly bear recovery for our reconsideration. Those issues were: disease and parasites; livestock interactions and mortality; the effects of genetic isolation; population monitoring methods; and our reliance [[Page 38465]] on Canada for recovery of the grizzly bear. On September 10, 1997, we published a Notice of Availability (62 FR 47677, Sept. 10, 1997) for the draft supplemental information on the five remanded issues. We provided our final finding on the issues to the court on May 15, 1999, and a notice of availability of that document will be published in the Federal Register in the near future. Under the provisions of the Act we approved the revised Grizzly Bear Recovery Plan on September 10, 1993. Task 423 in the 1993 Grizzly Bear Recovery Plan (USFWS 1993) states: ``Establish a threshold of minimal habitat values to be maintained within each Cumulative Effects Analysis Unit in order to ensure that sufficient habitat is available to support a viable population.'' This task, developing habitat-based recovery criteria, is specific to each ecosystem, as the habitat necessary to support a viable grizzly bear population will vary between ecosystems due to differences in foods, vegetation, habitat, and human activities. As part of a 1997 court settlement on the Recovery Plan, all parties agreed that: 1. Prior to our release of the draft habitat-based recovery criteria for the grizzly bear in Yellowstone, plaintiffs could submit comments to us and such comments would be considered as part of the administrative record. We would convene a workshop during the public comment period on the draft habitat-based recovery criteria where all interested parties could present their ideas on the habitat needs for grizzly bear recovery and discuss proposals for habitat-based recovery criteria. This workshop was held in Bozeman, Montana, on June 17, 1997. 2. The information and views presented at the workshop, together with all other information submitted to us during the public comment period on the draft habitat criteria would be considered by us before the habitat-based recovery criteria are finalized. When we finalize the habitat-based recovery criteria, we will address significant public comments in writing, including those significant public comments offered at the workshop. We received 1,167 comments at or in response to the grizzly bear habitat workshop. Of these, 132 were letters, 3 were form letters, 923 were postcards with preprinted form comments, 44 were postcards with preprinted form comments and written comments, and 65 were written remarks delivered at the workshop. Major issues identified in the comments included: using science and data to the best extent possible, using cumulative effects modeling, maintaining habitat security, identifying important seasonal foods and ensuring their monitoring and availability, the role of private lands and impacts of private land development, road densities and access management, maintaining roadless habitat and habitat security in such areas, ensuring effective road closures, minimizing human development and activities that result in human-bear conflicts, and minimizing actions that result in nuisance bears. The comments were carefully considered, reviewed, and discussed by a team of specialists from the Fish and Wildlife Service, Geological Survey, Forest Service, Park Service, the Idaho Department of Fish and Game, the Montana Department of Fish, Wildlife and Parks, and the Wyoming Game and Fish Department. This group of agency specialists developed these draft habitat criteria using the information and ideas in the public comments from the workshop, as well as the best available scientific information on the grizzly bear habitat and population in the Yellowstone ecosystem. Section 4(f) of the Act, as amended in 1988, requires that public notice and an opportunity for public review and comment be provided during recovery plan development. We will consider all information presented during a public comment period prior to approval of each new or revised recovery plan. We and other Federal land management agencies also will take these comments into account in the course of implementing approved recovery plans. We now seek public comment on the draft habitat-based recovery criteria for the Yellowstone ecosystem to both address Task 423 in the Grizzly Bear Recovery Plan and the lawsuit settlement agreement. Public Comments Solicited We solicit written comments on the information described above. All comments received by the date specified in the DATES section above will be considered prior to finalization of the habitat-based recovery criteria. Appropriate portions of these criteria will be appended to, and become part of, the Plan. Authority: The authority for this action is section 4(f) of the Endangered Species Act, 16 U.S.C. 1533(f). Dated: July 9, 1999. Terry T. Terrell, Deputy Regional Director, Denver, Colorado. [FR Doc. 99-18137 Filed 7-15-99; 8:45 am] BILLING CODE 4310-55-P