[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Proposed Rules]
[Pages 71557-71559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25433]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2012-0107; FF09E21000 FXES11110900000 234]


Endangered and Threatened Wildlife and Plants; Request for New 
Information for the North American Wolverine Species Status Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Request for new information.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), notify the 
public that we are requesting new information to update the Species 
Status Assessment (SSA) for the North American Wolverine (Gulo gulo 
luscus) occurring in the contiguous United States to make a final 
determination whether to list this species under the Endangered Species 
Act of 1973, as amended (Act). As a result of court action, the 
wolverine is now proposed for listing as a threatened species under the 
Act. The Service is updating the 2018 SSA and will reevaluate whether 
the North American wolverine occurring in the contiguous United States 
is a distinct population segment and, if so, whether the distinct 
population segment meets the definition of an endangered or threatened 
species under the Act. We now request new information regarding the 
North American wolverine to inform our SSA update and reevaluation 
under the Act. As directed by the court, the Service is to make a final 
listing determination by the end of November 2023.

DATES: In order to fully consider and incorporate new information, the 
Service requests submittal of new information by close of business 
December 23, 2022. Information 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 2013 proposed 
rule, the 2018 SSA report, and other supporting documents on the 
internet at https://ecos.fws.gov/ecp/species/5123 or at https://www.regulations.gov at Docket No. FWS-R6-ES-2012-0107 or by mail or 
email from the Region 1 Ecological Services Regional Office (see FOR 
FURTHER INFORMATION CONTACT).
    Submission of information: You may submit written information by 
one of the following methods:

[[Page 71558]]

    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov and search for Docket No. FWS-R6-ES-2012-0107.
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R6-ES-2012-0107, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send new information only by the methods 
described above. We will post all new information received on https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Information Requested 
section below for more information).

FOR FURTHER INFORMATION CONTACT: Jodi Bush, Deputy Assistant Regional 
Director, Ecological Services, Region 1, U.S. Fish and Wildlife 
Service, 911 Northeast 11th Avenue, Portland, Oregon 97232; telephone: 
503-231-2256; email: [email protected]. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Background

Species Information

    On February 4, 2013, we published a proposed rule to list the 
distinct population segment (DPS) of wolverine occurring in the 
contiguous United States as a threatened species under the Act, with a 
proposed rule under section 4(d) of the Act that outlined the 
prohibitions considered necessary and advisable for the conservation of 
the wolverine (78 FR 7864; hereafter referred to as the ``2013 proposed 
rule''). Please refer to the 2013 proposed rule and the 2018 Species 
Status Assessment (SSA) for the North American Wolverine (Gulo gulo 
luscus) 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. The SSA report can be found 
at https://www.regulations.gov at Docket No. FWS-R6-ES-2016-0106 or 
https://ecos.fws.gov/ecp/species/5123.

Previous Federal Actions

    Please refer to the 2013 proposed rule for a detailed description 
of Federal actions concerning the wolverine prior to 2013. On October 
31, 2013 (78 FR 65248), we reopened the comment period on the 2013 
proposed rule. On February 5, 2014 (79 FR 6874), we extended our final 
determination date and reopened the comment period on the 2013 proposed 
rule. On August 13, 2014 (79 FR 47522), we withdrew the 2013 proposed 
rule based on our conclusion that the factors affecting the DPS were 
not as significant as believed at the time of publication of the 
proposed rule. That 2014 withdrawal decision was challenged and 
ultimately vacated by court order in 2016 (Defenders of Wildlife v. 
Jewell, No. 9:14-cv-00246-DLC, Doc108 (D. Mont. April 4, 2016)). 
Following the court's decision, on October 18, 2016 (81 FR 71670), we 
reopened a comment period on the 2013 proposed rule.
    On October 13, 2020 (85 FR 64618), the Service again withdrew the 
2013 proposed rule to list the DPS of the North American wolverine 
occurring in the contiguous United States as a threatened species under 
the Act. The 2020 withdrawal decision was based on our conclusion that 
the factors affecting the species as identified in the 2013 proposed 
rule were not as significant as believed at the time of publication of 
the proposed rule. We also found that the North American wolverines 
occurring in the contiguous United States did not qualify as a DPS.
    The Center for Biological Diversity and WildEarth Guardians filed 
lawsuits in the District Court for the District of Montana challenging 
the Service's 2020 decision to withdraw the proposal to list the North 
American wolverine DPS. The cases were consolidated, and the State of 
Idaho's motion to intervene was granted. On February 4, 2022, the 
Service filed a motion asking the court to voluntarily return (remand) 
the 2020 withdrawal decision to the Service to allow the Service to 
reevaluate it; the Service also requested that the withdrawal decision 
remain in effect pending that reevaluation. On May 26, 2022, the court 
granted the Service's request for a voluntary remand of the 2020 
withdrawal decision, but the court decided to vacate the withdrawal 
decision. Ctr. for Biological Diversity v. Haaland, No. CV 20-181-M-DWM 
(D. Mont. May 26, 2022).

Current Situation

    The court's action returns the listing process relative to the 
wolverine to the proposed rule stage. Therefore, the Service notifies 
the public that 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) has been reinstated. For purposes of consultation 
under section 7 of the Act, the wolverine, as of May 26, 2022, is again 
a species proposed for listing and subject to conferencing 
requirements.

Next Steps

    We will be updating the SSA for the North American wolverine to 
include any new information not available as of the report published on 
March 1, 2018. We will use the updated SSA as the scientific foundation 
to aid in our reevaluation of whether the DPS is valid pursuant to our 
1996 DPS policy (61 FR 4722), and if so, whether the DPS meets the 
definition of an endangered or threatened species under the Act, or 
whether the species is not warranted for listing. Per the court order, 
the Service is to make a final listing determination within 18 months 
of the court's judgment, i.e., on or before November 27, 2023. Any 
listing determination we make must be made based on the best available 
information. We invite the public to provide new information that has 
become available since the March 1, 2018, publication of the SSA to 
inform our final determination regarding the North American wolverine.

Information Requested

    We are seeking information that has become available since March 1, 
2018, regarding the wolverine. We will consider information from all 
interested parties. We are particularly interested in specific 
information concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to wolverine, and regulations that may be 
addressing those threats.
    (2) the historical and current status, range, distribution, and 
population size of this species, including the locations of additional 
populations of wolverine.
    (3) the biological or ecological requirements for wolverine, as 
well as ongoing conservation measures or efforts for the species and 
its habitat.
    (4) Current or planned activities in the areas occupied by 
wolverine and possible impacts of these activities on this species.
    (5) the amount and distribution of wolverine habitat, including den 
sites.
    (6) the impacts of small population size and genetic diversity on 
the wolverine.
    (7) the projected and reasonably likely impacts of climate change 
on the wolverine and its habitat, including the

[[Page 71559]]

loss of snowpack and impacts to wolverine denning habitat.
    (8) population connectivity between Canada and the lower 48 
contiguous States of the United States and information on differences 
in regulations governing wolverine management, or wolverine 
conservation status, in Canada and the lower 48 contiguous States.
    Please note that we are not requesting any additional public 
comments on the proposed listing rule published in 2013 (78 FR 7864). 
Instead, we are seeking only new information to update the SSA for the 
North American wolverine that was published on March 1, 2018. 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, from February 5, 
2014, to May 6, 2014, or from October 18, 2016, to November 17, 2016, 
please do not resubmit them. Any such comments have been incorporated 
as part of the public record of the proposed rule, 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 received during all comment periods or in 
response to this document. Our final determination may again be a 
withdrawal of the 2013 proposed rule; it may be a determination to 
finalize the 2013 proposed rule; or our final listing determination may 
differ from the proposed rule. If, after considering all new 
information, we reaffirm that the wolverine DPS is a listable entity 
and that it meets the definition of a threatened or endangered species 
under section 4 of the Act, we may decide it is appropriate to 
repropose the species for listing. At that time, we would provide an 
opportunity for public comment on an updated proposed rule.
    You may submit new information concerning the update to the status 
assessment by one of the methods listed in ADDRESSES. We request that 
you send information only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. We will post all hardcopy submissions on 
http://www.regulations.gov as well. If you submit a hardcopy of new 
information 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.
    Information and materials we receive will be available for public 
inspection on http://www.regulations.gov at Docket No. FWS-R6-ES-2012-
0107. You may obtain copies of the proposed rule and the SSA for the 
North American Wolverine (Gulo gulo luscus) on the internet at https://www.regulations.gov at Docket No. FWS-R6-ES-2012-0107 and https://ecos.fws.gov/ecp/species/5123 or by mail or email from the Region 1 
Ecological Services Regional 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 is also the correct docket 
for submission of information in response to this document.

Authors

    The primary authors of this document are staff members of the 
Species Assessment Team, 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.).

Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-25433 Filed 11-22-22; 8:45 am]
BILLING CODE 4333-15-P