[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Proposed Rules]
[Pages 71670-71671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24929]



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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.

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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