[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Proposed Rules]
[Pages 19591-19592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8698]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2008-0029; MO 92210-0-008]


Endangered and Threatened Wildlife and Plants; Initiation of 
Status Review of the North American Wolverine in the Contiguous United 
States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the 
authority of the Endangered Species Act of 1973, as amended (Act), 
announce the initiation of a status review of the North American 
wolverine (Gulo gulo luscus) in the contiguous United States. We 
conduct status reviews to determine whether the entity should be listed 
as endangered or threatened under the Act. Through this notice, we 
encourage all interested parties to provide us information regarding 
North American wolverines throughout their range and in the contiguous 
United States.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before May 17, 2010. After this date, 
you must submit information directly to the Field Office (See FOR 
FURTHER INFORMATION CONTACT section below). Please note that we may not 
be able to address or incorporate information that we receive after the 
above requested date.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for docket FWS-R6-ES-2008-0029 and then follow the instructions 
for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R6-ES-2008-0029; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.

    We will post all information on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Request for Information section below for more 
information).

FOR FURTHER INFORMATION CONTACT: Mark Wilson, Field Supervisor, Montana 
Ecological Services Field Office, 585 Shepard Way, Helena, MT 59601; 
telephone (406) 449-5225; facsimile (406) 499-5339. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Request for Information

    To ensure that the status review is complete and based on the best 
available scientific and commercial information, and to provide an 
opportunity to all interested parties to provide information for 
consideration during the status review, we are requesting information 
concerning North American wolverines rangewide and in the contiguous 
United States. We are seeking:
    (1) General information concerning the taxonomy, biology, ecology, 
genetics, and status of North American wolverines rangewide and in the 
contiguous United States.
    (2) Specific information relevant to the consideration of a 
potential distinct population segment (DPS) of North American 
wolverines in the contiguous United States. This consideration will be 
guided by our Policy Regarding the Recognition of Distinct Vertebrate 
Population Segments Under the Endangered Species Act (16 U.S.C. 1531 et 
seq.) (61 FR 4722, February 7, 1996) (known as the DPS Policy), which 
specifically considers two elements: (i) The discreteness of the 
population segment in relation to the remainder of the species to which 
it belongs; and (ii) the significance of the population segment to the 
species to which it belongs.
    (3) Specific information on the conservation status of North 
American wolverines rangewide and in the contiguous United States, 
including information on distribution, abundance, and population 
trends.
    (4) Specific information on threats to North American wolverines 
rangewide and in the contiguous United States, including: (i) The 
present or threatened destruction, modification, or curtailment of its 
habitat or range; (ii) overutilization for commercial, recreational, 
scientific, or educational purposes; (iii) disease or predation; (iv) 
the inadequacy of existing regulatory mechanisms; and (v) other natural 
or manmade factors affecting its continued existence.
    (5) Specific information on implemented or planned conservation 
actions to improve wolverine habitats or decrease threats to wolverines 
in the contiguous United States.
    (6) Specific information on the potential effects of climate change 
on wolverines, their habitat, and their food sources in the contiguous 
United States.
    (7) Information on the management of wolverines on both sides of 
the international boundary where populations occur and how this 
management may differ between Canada and the United states in how it 
affects the status of wolverines.
    If you submit information, we request you support it with 
documentation, such as data, maps, bibliographic references, methods 
used to gather and analyze the data, or copies of any pertinent 
publications, reports, or letters by knowledgeable sources.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. We will also post all hardcopy submissions on http://www.regulations.gov. If you include personal identifying information in 
your hardcopy submission, you may request at the top of your document 
that we withhold this personal identifying information from public 
review. However, we cannot guarantee that we will be able to do so.
    Information and supporting documentation that we receive and use in 
preparing a finding will be available for you to review by appointment 
during normal business hours at the U.S. Fish and Wildlife Service, 
Montana Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).

Background

    The North American wolverine (Gulo gulo luscus) is the largest 
terrestrial member of the family Mustelidae. Adult males weigh 12 to 18 
kilograms (kg) (26 to 40 pounds (lb)), and adult females weigh 8 to 12 
kg (17 to 26 lb) (Banci 1994, p. 99). The wolverine resembles a small 
bear with a bushy tail. It has a broad, rounded head; short, rounded 
ears; and small eyes. Each foot has five toes with curved, semi-
retractile claws used for digging and climbing (Banci 1994, p. 99).
    Wolverines exist in alpine and sub-alpine habitats, which in the 
contiguous

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48 States occur at high elevations in the Rocky, North Cascade, and 
Sierra Nevada mountains (Aubry et al. 2007, p. 2153). Wolverines have 
recently been positively documented in the Sierra Nevada range in 
California and the southern Rocky Mountains of Colorado for the first 
time since the early 20th century.
    Wolverines are opportunistic feeders and consume a variety of foods 
depending on availability. They primarily scavenge carrion, but also 
prey on small animals and birds, and eat fruits, berries, and insects 
(Hornocker and Hash 1981, p. 1290; Hash 1987, p. 579; Banci 1994, pp. 
111-113).
    Wolverines have delayed onset of reproduction in females and small 
litter sizes, and often reproduce only every other year.
    Home ranges at the southern terminus of the current range are large 
for mammals of the size of wolverines, and may indicate that wolverines 
have high energetic requirements and at the same time occupy relatively 
unproductive niches (Inman et al. 2007a, p. 11). In addition, 
wolverines naturally occur in low densities that average about one 
wolverine per 150 km\2\ (58 mi\2\) (Hornocker and Hash 1981, pp. 1292-
1295; Hash 1987, p. 578; Copeland 1996, pp. 31-32; Copeland and Yates 
2006, p. 27; Inman et al. 2007a, p. 10; Squires et al. 2007, p. 2218).

Previous Federal Actions

    We received a petition dated August 3, 1994, from the Predator 
Project (now named the Predator Conservation Alliance) and Biodiversity 
Legal Foundation to list the North American wolverine in the contiguous 
United States as an endangered or threatened species under the Act and 
to designate critical habitat concurrent with listing. On April 19, 
1995, we published a finding (60 FR 19567) that the petition did not 
present substantial information indicating that listing the North 
American wolverine in the contiguous United States may be warranted. We 
did not make a determination as to whether the contiguous U.S. 
population of the North American wolverine constituted a DPS or other 
listable entity.
    On July 14, 2000, we received another petition dated July 11, 2000, 
submitted by the Biodiversity Legal Foundation, Predator Conservation 
Alliance, Defenders of Wildlife, Northwest Ecosystem Alliance, Friends 
of the Clearwater, and Superior Wilderness Action Network, to list the 
North American wolverine within the contiguous United States as an 
endangered or threatened species under the Act and to designate 
critical habitat for the species concurrent with the listing.
    On October 21, 2003, we published a 90-day finding that the 
petition to list the North American wolverine in the contiguous United 
States did not present substantial scientific and commercial 
information indicating that listing as threatened or endangered may be 
warranted (68 FR 60112). We did not determine whether the contiguous 
U.S. population of the North American wolverine constituted a DPS (or 
other listable entity), because sufficient information was not 
available at the time.
    On September 29, 2006, as a result of a complaint filed by 
Defenders of Wildlife and others alleging we used the wrong standards 
to assess the July 2000 wolverine petition, the U.S. District Court, 
Montana District, ruled that our 90-day petition finding was in error 
and ordered us to make a 12-month finding for the wolverine (Defenders 
of Wildlife et al. v. Norton and Hogan (9:05cv99 DWM; D. MT)). On April 
6, 2007, the Court approved an unopposed motion to extend the deadline 
for this 12-month finding to February 28, 2008, so that we would be 
able to use information published in the September 2007 edition of the 
Journal of Wildlife Management containing a special section on North 
American wolverine biology. On June 5, 2007, we published a notice 
initiating a status review for the wolverine (72 FR 31048).
    On March 11, 2008, we published a 12-month finding on the wolverine 
in the contiguous United States (73 FR 12929). In that finding, we 
determined that the wolverine in the contiguous United States did not 
constitute a DPS. Therefore, we determined that the wolverine in the 
contiguous United States was not a listable entity under the Act. On 
September 30, 2008, Defenders of Wildlife et al. filed a complaint 
challenging our 12-month finding on the basis of our application of the 
DPS Policy and the Act. On March 23, 2009, we settled the lawsuit with 
the plaintiffs and agreed to submit a new 12-month finding to the 
Federal Register by December 1, 2010.

References Cited

    A complete list of all references is available upon request from 
the Field Supervisor, Montana Ecological Services Field Office (See FOR 
FURTHER INFORMATION CONTACT).

Author

    The primary authors of this document are the staff members of the 
U.S. Fish and Wildlife Service, Montana Ecological Servies Field 
Office.

Authority

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

    Dated: March 30, 2010.
Daniel M. Ashe,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-8698 Filed 4-14-10; 8:45 am]
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