[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51857-51859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20088]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2021-0106; FF09E21000 FXES11110900000212]


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
Two Petitions To List the Gray Wolf in the Western United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of petition findings and initiation of status 
reviews.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to add the gray wolf (Canis lupus) in the 
Northern Rocky Mountains and a petition to add the gray wolf in western 
North America to the List of Endangered and Threatened Wildlife under 
the Endangered Species Act of 1973, as amended (Act). Based on our 
review, we find that the petitions present substantial scientific or 
commercial information indicating that the petitioned actions may be 
warranted. Therefore, with the publication of this document, we 
announce that we plan to initiate a status review to determine whether 
the petitioned actions are warranted. To ensure that the status review 
is comprehensive, we are requesting scientific and commercial data and 
other information regarding the species and factors that may affect its 
status. Based on the status review, we will issue a 12-month petition 
finding, which will address whether or not the petitioned actions are 
warranted, in accordance with the Act.

DATES: The findings announced in this document were made on September 
17, 2021. As we commence our status review, we seek any new information 
concerning the status of, or threats to, the gray wolf, or its habitats 
in the Northern Rocky Mountains and/or Western United States. Any 
information we receive during the course of our status review will be 
considered.

ADDRESSES: 
    Supporting documents: A summary of the basis for the petition 
findings contained in this document is available on http://www.regulations.gov in Docket No. FWS-HQ-ES-2021-0106. In addition, 
this supporting information is available by contacting the person 
specified in FOR FURTHER INFORMATION CONTACT.
    Status reviews: If you have new scientific or commercial data or 
other information concerning the status of, or threats to, the gray 
wolf or its habitats in the Northern Rocky Mountains and/or Western 
United States, please provide those data or information by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the docket number 
presented above in the document headings. For best results, do not copy 
this number from this document but instead type it into the Search box 
using hyphens. Then, click on the ``Search'' button. After finding the 
correct document, you may submit information by clicking on 
``Comment.'' If your information will fit

[[Page 51858]]

in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our information 
review procedures. If you attach your information as a separate 
document, our preferred file format is Microsoft Word. If you attach 
multiple comments (such as form letters), our preferred format is a 
spreadsheet in Microsoft Excel.
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-HQ-ES-2021-0106, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send information only by the methods described 
above. We will post all information we receive on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us.

FOR FURTHER INFORMATION CONTACT: Marjorie Nelson, Division Manager, 
Ecological Services Mountain-Prairie Region, 720-582-3524, 
[email protected]. If you use a telecommunications device for the 
deaf, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations in title 50 of the Code of Federal Regulations (50 CFR part 
424) set forth the procedures for adding species to, removing species 
from, or reclassifying species on the Federal Lists of Endangered and 
Threatened Wildlife and Plants (Lists) in 50 CFR part 17. Section 
4(b)(3)(A) of the Act requires that we make a finding on whether a 
petition to add a species to the Lists (i.e., ``list'' a species), 
remove a species from the Lists (i.e., ``delist'' a species), or change 
a listed species' status from endangered to threatened or from 
threatened to endangered (i.e., ``reclassify'' a species) presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. To the maximum extent practicable, 
we are to make this finding within 90 days of our receipt of the 
petition and publish the finding promptly in the Federal Register.
    Our regulations establish that substantial scientific or commercial 
information with regard to a 90-day petition finding refers to credible 
scientific or commercial information in support of the petition's 
claims such that a reasonable person conducting an impartial scientific 
review would conclude that the action proposed in the petition may be 
warranted (50 CFR 424.14(h)(1)(i)).
    A species may be determined to be an endangered species or a 
threatened species because of one or more of the five factors described 
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors 
are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range (Factor A);
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes (Factor B);
    (c) Disease or predation (Factor C);
    (d) The inadequacy of existing regulatory mechanisms (Factor D); 
and
    (e) Other natural or manmade factors affecting its continued 
existence (Factor E).
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to, or are reasonably likely to, affect 
individuals of a species negatively. The term ``threat'' includes 
actions or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition, or the action or condition itself. However, the mere 
identification of any threat(s) may not be sufficient to compel a 
finding that the information in the petition is substantial information 
indicating that the petitioned action may be warranted. The information 
presented in the petition must include evidence sufficient to suggest 
that these threats may be affecting the species to the point that the 
species may meet the definition of an endangered species or threatened 
species under the Act.
    If we find that a petition presents such information, our 
subsequent status review will evaluate all identified threats by 
considering the individual-, population-, and species-level effects and 
the expected response by the species. We will evaluate individual 
threats and their expected effects on the species, then analyze the 
cumulative effect of the threats on the species as a whole. We also 
consider the cumulative effect of the threats in light of those actions 
and conditions that are expected to have positive effects on the 
species--such as any existing regulatory mechanisms or conservation 
efforts that may ameliorate threats. It is only after conducting this 
cumulative analysis of threats and the actions that may ameliorate 
them, and the expected effect on the species now and in the foreseeable 
future, that we can determine whether the species meets the definition 
of an endangered species or threatened species under the Act. If we 
find that a petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted, the 
Act requires that we promptly commence a review of the status of the 
species, and we will subsequently complete a status review in 
accordance with our prioritization methodology for 12-month findings 
(81 FR 49248; July 27, 2016).

Summary of Petition Findings

Evaluation of Two Petitions To List the Gray Wolf in the Western United 
States

    Both petitions request listing of a distinct population segment 
(DPS) for the gray wolf. The gray wolf (Canis lupus) is a recognized 
species by the Integrated Taxonomic Information System.
    Species and Range: Gray wolf in the western United States.
    Historical range: Western United States, except Southwest.
    Current range: CA, CO, ID, MT, OR, WA, WY.
    The petitions include two alternative DPSs for listing the gray 
wolf in a portion of its range that encompasses the Northern Rocky 
Mountains and excludes the range of the listed Mexican gray wolf (C. l. 
baileyi): (1) The Northern Rocky Mountains DPS, or (2) a Western DPS.
Petition History
    On June 1, 2021, we received a petition (dated May 26, 2021) from 
Center for Biological Diversity, the Humane Society of the United 
States, Humane Society Legislative Fund, and the Sierra Club requesting 
that the gray wolf in the Northern Rocky Mountains be emergency listed 
as a threatened species or an endangered species under the Act (first 
petition). The Act does not provide for a process to petition emergency 
listing; therefore, we are evaluating this petition under the normal 
process of determining if it presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted.

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On July 29, 2021, we received a new petition (dated July 29, 2021) from 
Western Watersheds Project and 70 other organizations requesting that 
the gray wolf in western North America be listed as an endangered 
species under the Act (second petition). On August 10, 2021, we 
received an addendum (dated August 9, 2021) to the second petition. 
Both petitions clearly identified themselves as such and included the 
requisite identification information for the petitioner, required at 50 
CFR 424.14(c). This finding addresses both petitions.
Evaluation of Information Summary and Finding
    We reviewed the petitions, sources cited in the petitions, and 
other readily available information. We considered the factors under 
section 4(a)(1) and assessed the effect that the threats identified 
within the factors--as may be ameliorated or exacerbated by any 
existing regulatory mechanisms or conservation efforts--may have on the 
species now and in the foreseeable future. Based on our review of the 
petitions and readily available information regarding human-caused 
mortality, we find that the petitioners present credible and 
substantial information that human-caused mortality (Factor B) may be a 
potential threat to the species in Idaho and Montana. These two States 
include approximately 75 percent of gray wolves in a potential Northern 
Rocky Mountains or Western DPS. The petitioners also provide credible 
and substantial information that new regulations in these two States 
may be inadequate to address this potential threat (Factor D). 
Therefore, we find that the petitions present substantial information 
indicating that the petitioned action may be warranted in a Northern 
Rocky Mountains or Western DPS. The petitioners also presented 
information suggesting that habitat modification due to a reduced prey 
base (Factor A), disease (Factor C), and loss of genetic diversity 
caused by isolation and small population size (Factor E) may be threats 
to the gray wolf. We will fully evaluate these and all other potential 
threats, as well as the validity of each DPS, in detail based on the 
best scientific and commercial data available when we conduct the 
status assessment and make the 12-month finding.
    The basis for our finding on these petitions, and other information 
regarding our review of the petitions, can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-HQ-ES-2021-0106 under 
the Supporting Documents section.

Conclusion

    On the basis of our evaluation of the information presented in the 
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we 
have determined that the petitions summarized above for the gray wolf 
present substantial scientific or commercial information indicating 
that the petitioned actions may be warranted. We are, therefore, 
initiating a status review of the species to determine whether the 
actions are warranted under the Act. At the conclusion of the status 
review, we will issue a finding, in accordance with section 4(b)(3)(B) 
of the Act, as to whether the petitioned actions are not warranted, 
warranted, or warranted but precluded by pending proposals to determine 
whether any species is an endangered species or a threatened species.

Authors

    The primary authors of this document are staff members of the 
Ecological Services Program, U.S. Fish and Wildlife Service.

Authority

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

Gary Frazer,
Assistant Director, Ecological Services, U.S. Fish and Wildlife 
Service.
[FR Doc. 2021-20088 Filed 9-16-21; 8:45 am]
BILLING CODE 4333-15-P