Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46709 requirements with a site restriction of DEPARTMENT OF THE INTERIOR FR 26476) that the petition presented 4.6 kilometers (2.9 miles) west in order substantial information indicating that to avoid a short-spacing conflict with Fish and Wildlife Service the requested action may be warranted the licensed operation of Station WMJJ– and opened a public comment period FM, Channel 243C, Birmingham, 50 CFR Part 17 until October 1, 1994 (59 FR 26476 and Alabama. The coordinates for Channel Endangered and Threatened Wildlife 59 FR 44122). The Service issued its 12- month finding that listing the Alexander 244A at Macon are 33–07–25 NL and and Plants; 12-Month Finding for a Archipelago wolf was not warranted on 88–36–34 WL. Petition to List the Alexander February 23, 1995 (60 FR 10056). DATES: Comments must be filed on or Archipelago Wolf as Threatened and to On February 7, 1996, the Southwest before October 20, 1997, and reply Designate Critical Habitat Center for Biological Diversity, comments on or before November 4, AGENCY: Fish and Wildlife Service, Biodiversity Legal Foundation, Save the 1997. Interior. West, Save America’s Forests, Native ADDRESSES: Federal Communications ACTION: Notice of 12-month petition Forest Network, Native Forest Council, Commission, Washington, DC 20554. In finding. Eric Holle, Martin Berghoffen, and Don addition to filing comments with the Muller filed suit in the United States FCC, interested parties should serve the SUMMARY: The Fish and Wildlife Service Court for the District of Columbia petitioner, or its counsel or consultant, (Service) announces a 12-month finding challenging the Service’s not warranted as follows: Ruben C. Hughes, President, for a petition to list the Alexander finding. On October 9, 1996, the United Team Broadcasting Company, Inc., 561 Archipelago wolf (Canis lupus ligoni) States District Court remanded the 12- Golden Avenue, Mobile, Alabama 36617 under the Endangered Species Act of month finding to the Secretary of the (Petitioner). 1973, as amended. After review of all Interior, instructing him to reconsider available scientific and commercial the determination ‘‘on the basis of the FOR FURTHER INFORMATION CONTACT: Pam information, the Service finds that current forest plan, and status of the Blumenthal, Mass Media Bureau, (202) listing the Alexander Archipelago wolf wolf and its habitat, as they stand 418–2180. as threatened is not warranted. today’’ (96 CV 00227 DDC). On December 5, 1996, a public SUPPLEMENTARY INFORMATION: This is a DATES: The finding announced in this comment period was opened by the synopsis of the Commission’s Notice of document was made on August 28, Service (61 FR 64497). It was extended Proposed Rule Making, MM Docket No. 1997. until April 4, 1997, through three 97–188, adopted August 20, 1997, and ADDRESSES: Data, information, subsequent notices (61 FR 69065; 62 FR released August 29, 1997. The full text comments, or questions concerning this 6930; and 62 FR 14662). Prior to a final of this Commission decision is available petition should be sent to the Field Supervisor, U.S. Fish and Wildlife determination, however, the Forest for inspection and copying during Service issued the Tongass Land normal business hours in the FCC’s Service, Ecological Services Field Office, 3000 Vintage Blvd., Suite 201, Management Plan Revision, which Reference Center (Room 239), 1919 M superseded the 1979 version of the plan. Juneau, Alaska 99801–7100. The Street, NW, Washington, DC. The In keeping with the United States petition finding, supporting data, and complete text of this decision may also District Court’s order that a finding be comments are available for public be purchased from the Commission’s based upon the ‘‘current forest plan,’’ inspection, by appointment, during copy contractor, ITS, Inc., (202) 857– the District Court granted an extension normal business hours at the above 3800, 2100 M Street, NW, Suite 140, until August 31, 1997, so that the address. Washington, DC 20037. petitioners, the public, and the Service Provisions of the Regulatory FOR FURTHER INFORMATION CONTACT: John could reconsider the status of the Flexibility Act of 1980 do not apply to Lindell, Fish and Wildlife Biologist, at Alexander Archipelago wolf under the this proceeding. the above address, or by calling 907/ revised Tongass Land Management 586–7240. Members of the public should note Plan. Therefore, the Service reopened that from the time a Notice of Proposed SUPPLEMENTARY INFORMATION: the public comment period from June 12, 1997, to July 28, 1997 (62 FR 32070). Rule Making is issued until the matter Background is no longer subject to Commission The Service has reevaluated the consideration or court review, all ex Section 4(b)(3)(B) of the Endangered petition and the literature cited in the parte contacts are prohibited in Species Act of 1973, as amended (16 petition, reviewed other available Commission proceedings, such as this U.S.C. 1531 et seq.), requires that, for literature and information, and one, which involve channel allotments. any petition to revise the Lists of consulted with biologists and See 47 CFR 1.1204(b) for rules Endangered and Threatened Wildlife researchers familiar with gray wolves in governing permissible ex parte contacts. and Plants that contains substantial general, and the Alexander Archipelago scientific and commercial information, wolf in particular. The 1997 revised For information regarding proper the Service make a finding on whether Tongass National Forest Land filing procedures for comments, see 47 the petitioned action is (a) not Management Plan formed the basis for CFR 1.415 and 1.420. warranted, (b) warranted, or (c) evaluating the status of the wolf on the List of Subjects in 47 CFR Part 73 warranted but precluded from Tongass National Forest. On the basis of immediate proposal by other pending the best scientific and commercial Radio broadcasting. proposals of higher priority. information available, the Service finds On December 17, 1993, the Service Federal Communications Commission. that listing the Alexander Archipelago received a petition to list the Alexander wolf as threatened is not warranted. John A. Karousos, Archipelago wolf as threatened under The taxonomic status of wolves in Chief, Allocations Branch, Policy and Rules the Act from the Biodiversity Legal southeast Alaska, commonly referred to Division, Mass Media Bureau. Foundation, Eric Holle, and Martin as Alexander Archipelago wolves, is [FR Doc. 97–23439 Filed 9–3–97; 8:45 am] Berghoffen. On May 20, 1994, the uncertain. Nevertheless, the Service BILLING CODE 6712±01±P Service announced a 90-day finding (59 believes that there is persuasive support 46710 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules in the record for treating southeast the most commonly used ungulate prey. DEPARTMENT OF THE INTERIOR Alaska wolves as a distinct subspecies, Moose and elk have very limited Canis lupus ligoni, and, therefore, distributions in southeast Alaska and Fish and Wildlife Service believes that it is reasonable to review are probably used where available. the status of wolves in southeastern 50 CFR Part 17 Logging on the Tongass National Alaska as a listable entity under the Forest has been concentrated in high Endangered and Threatened Wildlife Endangered Species Act. and Plants; 12-Month Finding for a The Alexander Archipelago wolf volume forests since industrial scale Petition To List the Queen Charlotte occurs on the mainland in southeast logging began in 1955. These forests are Alaska from Dixon Entrance to Yakutat important winter habitat for deer Goshawk as Endangered and To Bay and on all the major islands in the because the multilayered canopies Designate Critical Habitat Alexander Archipelago except intercept snow and allow deer access to AGENCY: Fish and Wildlife Service, Admiralty, Baranof and Chichagof highly nutritious forage that is not Interior. islands. Wolves in southeast Alaska are available in most clearcuts and second- ACTION: Notice of 12-month petition relatively isolated by the Pacific Ocean growth forests. Much of the harvest has finding. and the Coast Mountain Range. Six occurred within the major island groups rivers or passes penetrate the Coastal and adjacent mainland occupied by SUMMARY: The Fish and Wildlife Service Mountains and may allow some wolves. The projected logging of old (Service) announces a 12-month finding interchange between wolves in growth in southeast Alaska will result in for a petition to list the Queen Charlotte southeast Alaska and those in British a decline of deer in southeast Alaska. goshawk (Accipiter gentilis laingi) under Columbia, Canada. Wolves in Alaska Effects of logging will be particularly the Endangered Species Act of 1973, as and coastal British Columbia may also evident during winters with heavy snow amended. After review of all available interchange along the coastal mainland; that persists on the forest floor for long scientific and commercial information, however, the amount of interchange periods of time. Because wolves are the Service finds that listing this between Alaska and British Columbia subspecies as endangered or threatened inextricably tied to their prey, declines wolves has not been studied. is not warranted. in deer are expected to eventually result The current population of Alexander DATES: in declines of wolves. The finding announced in this Archipelago wolves is thought to be document was made on August 28, stable at moderate to high densities. The Despite the anticipated population 1997. population size of wolves in southeast decline, the Service believes that wolves ADDRESSES: Data, information, Alaska is not known with certainty but in southeast Alaska will not be in comments, or questions concerning this probably numbers between 750 and danger of extinction within the petition should be sent to the Field 1,500 individuals. About 67 percent of foreseeable future because we expect the Supervisor, U.S. Fish and Wildlife the population is estimated to live on population decline to stop at an Service, Ecological Services Field the islands in the central and southern acceptable level. Additionally, wolves Office, 3000 Vintage Blvd., Suite 201, portion of the archipelago. are known to persist at low numbers in Juneau, Alaska 99801–7100. The Potential threats to the species’ healthy populations and to be resilient petition finding, supporting data, and persistence include human-caused comments are available for public mortality, disease, loss of prey as a to the activities of man because of their result of timber harvest, and loss of prey high reproductive rate and high inspection, by appointment, during as the result of severe winter weather. dispersal capability. The Service, normal business hours at the above Results from a recent scientific study therefore, concludes that the Alexander address. indicate that hunting and trapping of Archipelago wolf is unlikely to become FOR FURTHER INFORMATION CONTACT: John wolves may have exceeded sustainable endangered throughout all or a Lindell, Fish and Wildlife Biologist, at levels on Prince of Wales and Kosciusko significant portion of its range in the the above address, or by calling 907/ Islands, Alaska. In response to that foreseeable future. 586–7240. study, the Alaska Board of Game and Authors: The primary authors of this SUPPLEMENTARY INFORMATION: the Federal Subsistence Board revised document are Teresa Woods, Fish and Background hunting and trapping regulations in Wildlife Biologist, 907/786–3505, and southeast Alaska to limit annual wolf Tony DeGange, Fish and Wildlife Section 4(b)(3)(B) of the Endangered harvest to acceptable levels. Biologist, 907/786–3492, of the Fish and Species Act of 1973, as amended (16 Canine diseases have been U.S.C. 1531 et seq.), requires that, for Wildlife Service, Alaska Regional documented in other North American any petition to revise the Lists of Office. wolf populations. Evidence from these Endangered and Threatened Wildlife other populations indicates that Authority and Plants that contains substantial although disease may cause mortality, it scientific and commercial information, is unlikely to have an effect on the The authority for this section is the the Service make a finding on whether population of Alexander Archipelago Endangered Species Act (16 U.S.C. 1531 the petitioned action is (a) not wolves. et seq.). warranted, (b) warranted, or (c) The Service considers potential loss Dated: August 28, 1997. warranted but precluded from of prey the most serious threat. Wolves immediate proposal by other pending Jamie Rappaport Clark, are capable of exploiting a variety of proposals of higher priority. ungulate and nonungulate prey. Within Director, Fish and Wildlife Service. On May 9, 1994, the Fish and Wildlife the major island groups in southeast [FR Doc. 97–23501 Filed 9–3–97; 8:45 am] Service received a petition dated May 2, Alaska, where wolves are most BILLING CODE 4310±55±P 1994, from the Southwest Center for abundant and logging is most prevalent, Biological Diversity, Greater Gila Sitka black-tailed deer and, to a lesser Biodiversity Project, Biodiversity Legal extent, beaver are the most commonly Foundation, Greater Ecosystem used prey. On the mainland, goats are Alliance, Save the West, Save America’s