6734 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules

input in person, by mail, e-mail, or January 13, 2011. generally means that we will post any phone at any time during the Peter J. Probasco, personal information you provide us rulemaking process. Acting Chair, Federal Subsistence Board. (see the Public Comments section below January 13, 2011. for more information). Executive Order 13211 Steve Kessler, FOR FURTHER INFORMATION CONTACT: This Executive Order requires Subsistence Program Leader, USDA–Forest Marilyn Myers at U.S. Fish and Wildlife agencies to prepare Statements of Service. Service, Fisheries and Ecological Energy Effects when undertaking certain [FR Doc. 2011–2679 Filed 2–7–11; 8:45 am] Services, 1011 E. Tudor Road, actions. However, this proposed rule is BILLING CODE 3410–11–P; 4310–55–P Anchorage, Alaska 99503, or telephone not a significant regulatory action under 907–786–3559 or by facsimile at (907) E.O. 13211, affecting energy supply, 786–3848. If you use a distribution, or use, and no Statement of DEPARTMENT OF THE INTERIOR telecommunications device for the deaf (TDD), please call the Federal Energy Effects is required. Fish and Wildlife Service Information Relay Service (FIRS) at Drafting Information 800–877–8339. 50 CFR Part 17 SUPPLEMENTARY INFORMATION: Theo Matuskowitz drafted these regulations under the guidance of Peter [Docket No. FWS–R9–IA–2008–0123; MO Public Comments 92210–1113FWDB B6] J. Probasco of the Office of Subsistence We intend that any final action Management, Alaska Regional Office, RIN 1018–AI83 resulting from this proposed rule will be U.S. Fish and Wildlife Service, based on the best scientific and Anchorage, Alaska. Additional Endangered and Threatened Wildlife commercial data available and be as assistance was provided by: and Plants; Reclassifying the Wood accurate and as effective as possible. • Bison (Bison bison athabascae) Under Therefore, we request comments or Daniel Sharp, Alaska State Office, the Endangered Species Act as Bureau of Land Management; information from the public, other Threatened Throughout Its Range concerned governmental agencies, the • Sandy Rabinowitch and Nancy AGENCY: Fish and Wildlife Service, scientific community, industry, or any Swanton, Alaska Regional Office, Interior. other interested party concerning this National Park Service; ACTION: Proposed rule and notice of 12- proposed rule to reclassify the wood • Dr. Glenn Chen, Alaska Regional month petition finding. bison as threatened. The comments that Office, Bureau of Indian Affairs; will be most useful and likely to SUMMARY: • Jerry Berg, Alaska Regional Office, We, the U.S. Fish and influence our decisions are those that Wildlife Service (Service), propose to are supported by data or peer-reviewed U.S. Fish and Wildlife Service; and reclassify the wood bison (Bison bison studies and those that include citations • Steve Kessler, Alaska Regional athabascae) from endangered to to, and analyses of, applicable laws and Office, U.S. Forest Service. threatened under the Endangered regulations. Please make your comments List of Subjects Species Act of 1973, as amended (Act). as specific as possible and explain the This proposed action is amended based basis for them. In addition, please 36 CFR Part 242 on a review of the best available include sufficient information with your scientific and commercial data, which comments (such as scientific journal Administrative practice and indicate that the endangered articles or other publications) to allow procedure, Alaska, Fish, National designation no longer correctly reflects us to authenticate any scientific or forests, Public lands, Reporting and the status of the wood bison. This commercial information you include. recordkeeping requirements, Wildlife. proposal also constitutes our 12-month We particularly seek comments 50 CFR Part 100 finding on the petition to reclassify this concerning: subspecies. We are seeking data and (1) Information on taxonomy, Administrative practice and comments from the public on this distribution, habitat selection and use, procedure, Alaska, Fish, National proposed rule. food habits, population density and forests, Public lands, Reporting and DATES: We must receive your written trends, habitat trends, disease, and recordkeeping requirements, Wildlife. comments on this proposed rule by effects of management on wood bison; April 11, 2011 in order to consider (2) Information on captive herds, Proposed Regulation Promulgation them. We must receive your written including efficacy of breeding and request for a public hearing by March reintroduction programs, origin of For the reasons set out in the 25, 2011. parental stock, stock supplementation preamble, the Federal Subsistence ADDRESSES: for genetic purposes, growth rates, birth Board proposes to amend 36 CFR part You may submit written comments and other information by and mortality rates in captivity, location 242 and 50 CFR part 100 for the 2012– either of the following methods: of captive herds in comparison to wild 13 and 2013–14 regulatory years. The • Federal eRulemaking Portal: http:// populations, effects of captive breeding text of the proposed amendments to 36 www.regulations.gov. Follow the on the species, and any other factors CFR 242.24, 242.25, and 242.26 and 50 instructions for submitting comments. from captive breeding that might affect CFR 100.24, 100.25, and 100.26 is the • U.S. mail or hand-delivery: Public wild populations or natural habitat; final rule for the 2010–12 regulatory Comments Processing, Attn: FWS–R9– (3) Information on the adequacy of period (75 FR 37918; June 30, 2010), as IA–2008–0123; Division of Policy and existing regulatory mechanisms; trends modified by any subsequent Federal Directives Management; U.S. Fish and in domestic and international trade of Subsistence Board action. Wildlife Service; 4401 N. Fairfax Drive, live specimens, sport-hunted trophies, Suite 222; Arlington, VA 22203. or other parts and products; poaching of We will post all comments on wild wood bison; illegal trade and http://www.regulations.gov. This enforcement efforts and solutions; and

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oversight of reintroduction or Service, Anchorage Regional Office (see bison from an endangered species to a introduction programs; FOR FURTHER INFORMATION CONTACT). threatened species under the Act. (4) Information on the effects of other Public Hearing Previous Federal Actions potential threat factors, including contaminants, changes of the Section 4(b)(5)(E) of the Act provides The listing history is reconstructed distribution and abundance of wild for one or more public hearings on this here based on Federal Register populations, disease episodes within proposal, if requested. We must receive documents and the Code of Federal wild and captive populations, large requests for public hearings, in writing, Regulations (CFR). Wood bison became mortality events, the effects of climate at the address shown in FOR FURTHER listed in the United States under the change, or negative effects resulting INFORMATION CONTACT by the date shown 1969 Endangered Species Conservation from the presence of invasive species; in DATES. We will schedule public Act when it was included on the first (5) Information on management hearings on this proposal, if any are List of Endangered Foreign Fish and programs for wood bison conservation requested, and announce the dates, Wildlife, which was published in the in the wild, including private, tribal, or times, and places of those hearings, as Federal Register on June 2, 1970 (35 FR governmental conservation programs well as how to obtain reasonable 8491). A column labeled ‘‘where found’’ that benefit wood bison; and accommodations, in the Federal indicated ‘‘Canada,’’ but the introduction ‘‘ (6) Current or planned activities Register at least 15 days before the first to the list stated that [t]he ‘Where within the geographic range of the wood hearing. Found’ column is a general guide to the bison that may impact or benefit the native countries or regions where the Background named animals are found. It is not species including any planned intended to be definitive.’’ developments, roads, or expansion of Section 4(b)(3)(A) of the Act requires In 1974, the first list under the 1973 the Service to make a finding known as agricultural enterprises. Endangered Species Act appeared in the a ‘‘90-day finding,’’ on whether a Please note that submissions merely CFR. Because the wood bison was listed stating support for or opposition to the petition to add, remove, or reclassify a under the 1969 Endangered Species action under consideration without species from the list of endangered or Conservation Act, there is not a separate providing supporting information, threatened species has presented Federal Register notice that defined the although noted, will not be considered substantial information indicating that population(s) and analyzed threats to in making a determination, as section the requested action may be warranted. the species. Like the 1970 list, the list 4(b)(1)(A) of the Endangered Species To the maximum extent practicable, the for foreign species at 50 CFR 17.11 Act (16 U.S.C. 1531 et seq.) directs that finding shall be made within 90 days listed the wood bison, with a ‘‘where a determination as to whether any following receipt of the petition and found’’ column indicating ‘‘Canada.’’ species is a threatened or endangered published promptly in the Federal Section 17.11 further specified that species must be made ‘‘solely on the Register. If the Service finds that the ‘‘[t]he ‘where found’ column is provided basis of the best scientific and petition has presented substantial for the convenience of the public, is not commercial data available.’’ information indicating that the exhaustive, is not required to be given Prior to issuing a final rule on this requested action may be warranted by law, and has no legal significance.’’ proposed action, we will take into (referred to as a positive finding), Population-based listings, the consideration all comments and any section 4(b)(3)(A) of the Act requires the precursor to the current Distinct additional information we receive. Such Service to commence a status review of Population Segments (DPS) approach information may lead to a final rule that the species if one has not already been first appeared with the 1975 list. In the differs from this proposal. All comments initiated under the Service’s internal 1975 CFR, wood bison appeared listed and recommendations, including names candidate assessment process. In with ‘‘N/A’’ (not applicable) under and addresses, will become part of the addition, section 4(b)(3)(B) of the Act ‘‘Population.’’ Section 17.11(b) stated administrative record. requires the Service to make a finding that the ‘‘Population’’ column, along You may submit your comments and within 12 months following receipt of with the scientific and common names, materials concerning this proposed rule the petition on whether the requested ‘‘define[s] the ‘species’ of wildlife within by one of the methods listed in the action is warranted, not warranted, or the meaning of the Act.’’ This section for ADDRESSES section. We will not accept warranted but precluded by higher- the first time also indicated that ‘‘[t]he comments sent by e-mail or fax or to an priority listing actions (this finding is prohibitions in the Act and in this Part address not listed in the ADDRESSES referred to as the ‘‘12-month finding’’). 17 apply to all specimens of the section. Section 4(b)(3)(C) of the Act requires ‘species’ listed, wherever they are We will post your entire comments— that a finding of warranted but found, and to their progeny.’’ The including your personal identifying precluded for petitioned species should ‘‘Known Distribution’’ column for wood information—on http:// be treated as having been resubmitted bison again indicated ‘‘Canada.’’ www.regulations.gov. If your written on the date of the warranted but Paragraph (d) of § 17.11 reiterated that comments provide personal identifying precluded finding, and is, therefore, the ‘‘known distribution’’ column was information, you may request at the top subject to a new finding within 1 year ‘‘[f]or information purposes only’’ and of your documents that we withhold and subsequently thereafter until we also advised that the column ‘‘does not this information from public review. take action on a proposal to list or imply any limitation on the application However, we cannot guarantee that we withdraw our original finding. The of the prohibitions in the Act and in this will be able to do so. Service publishes an annual notice of Part 17. Such prohibitions apply to all Comments and materials we receive, resubmitted petition findings (annual specimens of the species, wherever as well as supporting documentation we notice) for all foreign species for which found.’’ Wood bison remained listed in used in preparing this proposed rule, listings were previously found to be this manner until 1979. will be available for public inspection warranted but precluded. In 1979, the Service published a on http://www.regulations.gov, or by In this notice, we announce a notification in the Federal Register that appointment, during normal business warranted 12-month finding and questioned the listing status of the wood hours, at the U.S. Fish and Wildlife proposed rule to reclassify the wood bison along with six other species. The

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notification advised that the Service had On November 26, 2007, we received 2010, p. 16). In addition, the highest failed to follow a procedural a petition from the co-chairs of Canada’s point of their hump is forward of their requirement of the 1969 Act for these National Wood Bison Recovery Team front legs; they have reduced chaps on species (consulting with the governor of requesting that we reclassify the wood their front legs; and their horns usually any state in which the species is found), bison from endangered to threatened. extend above the hair on their head and thus concluded that the U.S. The petition contained information (Boyd et al. 2010, p. 16). These physical populations of these species were not about recovery efforts in Canada and characteristics distinguish them from covered by the listing, although the referred to information provided to the the plains bison (Reynolds et al. 2003, foreign populations would continue to Service. On February 3, 2009, we p. 1015; Boyd et al. 2010, p. 16). be covered. The notice was also clear published a 90-day finding (74 FR 5908) Distribution that the Service had always intended for acknowledging that the petition all populations—foreign and domestic— provided sufficient information to The exact extent of the original range of all seven species to be covered by the indicate that reclassification may be of wood bison cannot be determined listing. The Service followed up on the warranted and that we would initiate a with certainty based on available notification on July 25, 1980, with a rule status review. This document represents information, but was limited to North for five of the species in which it both our 12-month finding for wood America (Gates et al. 2001, p. 11). proposed to include the U.S. bison and a proposed rule to downlist However, historically, the range of the populations in the listing to correct the the species. wood bison was generally north of that procedural error (45 FR 49844). The Species Information occupied by the plains bison and 1980 proposed rule did not include the included most boreal regions of wood bison. The Service indicated that Taxonomy and Species Description northern Alberta; northeastern British the procedural error did not apply to Columbia east of Cordillera; a small wood bison because no non-hybridized Wood bison (Bison bison athabascae) belongs to the family Bovidae, which portion of northwestern Saskatchewan; wood bison were found in the United the western Northwest Territories south States. If no pure wood bison occurred also includes cattle, sheep and goats. Debate over the generic name Bison and west of Great Slave Lake; the in the United States as of the Mackenzie River Valley; most of The subspecies’ listing under the 1969 Act, continues with some authorities using Bos and others using Bison depending Yukon Territory; and much of interior there would have been no States to Alaska (Reynolds et al. 2003, pp. 1011– consult with and, therefore, no on the methodology used to determine relationships among members of the 1012). Skinner and Kaisen (1947, pp. procedural listing error. 158, 164) suggested that the Although the Service had found no tribe Bovini (Asian water buffalo, prehistorical U.S. range extended from error with the original listing of the African buffalo, cattle and their wild Alaska to Colorado, and Stephenson et entire wood bison subspecies, the 1980 relatives, and bison) (Boyd et al. 2010, CFR for the first time mistakenly pp. 13–15.). In this discussion, we will al. (2001, p. 140) concluded that wood indicated that the listed entity for wood use Bison, which is consistent with bison were present within the bison was a DPS. The CFR indicated ‘‘Wild Mammals of North America’’ boundaries of what is now defined as ‘‘Canada’’ in the ‘‘Vertebrate population (Reynolds et al. 2003, p. 1010), Alaska until their disappearance during where endangered or threatened’’ ‘‘Mammal Species of the World’’ (Wilson the last few hundred years. Currently, column. The listing has remained in this and Reeder 2005, p. 689), and the Wood there is neither a wild population in form through the current CFR. Despite Bison Recovery Team (Gates et al. 2001, Alaska nor the continental United States this 1980 designation, it is clear that the p. 25). Wood bison was first described (Harper and Gates 2000, p. 917; wood bison is listed at the subspecies as a subspecies in 1897 (Rhoads 1897, Stephenson et al. 2001, p. 140). level. The CFR through 1980 indicates pp. 498–500). One other extant bison During the early 1800s, wood bison the Service’s intent of the original subspecies, the plains bison (B. b. numbers were estimated at 168,000, but listing, and we have conducted no bison), occurs in the United States and by the late 1800s, the subspecies was rulemaking since that time to change the Canada. Based on the historical physical nearly eliminated with only a few scope of the listed entity. The entire separation, and quantifiable behavioral, hundred remaining (Gates et al. 2001, p. ‘‘population’’ of wood bison in Canada is morphological, and phenological 11). In the words of Soper (1941, p. the full extent of the subspecies’ current (appearance) differences between the 362), wood ‘‘bison appear to have been range and no individuals occur in the two subspecies, the scientific evidence practically exterminated,’’ and based on wild outside this population. Therefore, indicates that subspecific designation is the fate of plains bison, in which 40 to the wood bison in Canada would not appropriate (van Zyll de Jong et al. 60 million animals were reduced to just qualify for a population-based listing 1995, p. 403; FEAP 1990, p. 24; over 1,000 animals in less than 100 (i.e., a DPS). Reynolds et al. 2003, p. 1010; Gates et years (Hornaday 1889; Wilson and On May 14, 1998, the Service received al. 2010, pp. 15–17). Strobeck 1998, p. 180), overharvest may a petition from a private individual Wood bison is the largest native have been the cause for the decline requesting that the Service remove the extant terrestrial mammal in North (Harper and Gates 2000, p. 915). The wood bison from the List of Endangered America (Reynolds et al. 2003, p. 1015). fact that populations began to rebound and Threatened Wildlife, primarily Average weight of mature males (age 8) once protection was in place and because it had been downlisted under is 910 kilograms (kg) (2,006 pounds (lb)) enforced supports this idea (Soper 1941, CITES. In a 90-day finding published on and the average weight of mature pp. 362–363). In 1922, Wood Buffalo November 25, 1998 (63 FR 65164), we females (age 13) is 440 kg (970 lb) National Park (WBNP) was set aside for found that the petitioner did not (Reynolds et al. 2003, p. 1015). They the protection of the last remnant provide substantial information to have a large triangular head, a thin population of wood bison. Since that indicate that the delisting may be beard and rudimentary throat mane, and time several additional herds have been warranted. a poorly demarcated cape (Boyd et al. established (Table 1).

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TABLE 1—SIZES OF WOOD BISON HERDS IN CANADA FROM 1978 TO 2008 (DATA PROVIDED BY CANADIAN WILDLIFE SERVICE)

Herd category and name 1978 1988 2000 2002 2004 2006 2008

Free-ranging, disease-free herds: Mackenzie ...... 300 1718 1908 2000 2000 ∼2000 1600 Nahanni ...... 30 160 170 399 400 400 Aishihik ...... 500 530 550 700 1100 Hay-Zama ...... 130 234 350 600 750 Nordquist ...... 50 60 112 140 140 Etthithun ...... 43 70 124 124 Chitek Lake ...... 70 100 150 225 300 Free-ranging, diseased herds: Wood Buffalo 1 National Park ...... 2178 4050 2 4947 3 5641 4 4639 1 Excluding adjacent diseased Wentzel, Wabasca, and Slave River Lowlands herds. 2 Population estimate for year 2003. 3 Population estimate for year 2005. 4 Population estimate for year 2007.

Another factor that is thought to have availability of water is also important to limited forage availability and widely played a role in the decline in wood (Fortin et al. 2003, pp. 223, 225). spaced meadows (Strong and Gates 2009, p. 438). bison is a gradual loss of meadow Biology habitat through forest encroachment Free-ranging wood bison roam (Stephenson et al. 2001, p. 143; Quinlan Characteristic of other grazing extensively with annual maximum et al. 2003, p. 343; Strong and Gates ruminants, bison have a four-chambered traveling distance from each 2009, p. 439). Although not quantified, stomach that efficiently processes and individual’s center-of-activity averaging it is likely that because of fire digests a diet of grasses high in roughage from 45 to 50 km (28 to 31 mi) (Chen suppression, and subsequent forest (Reynolds et al. 2003, p. 1019). Because and Morley 2005, p. 430). However, encroachment on meadows, there was a they can thrive on coarse grasses and some captive animals released into the net loss of suitable open meadow sedges, they occupy a niche within the wild have traveled over 250 km (155 mi) habitat for wood bison throughout their boreal forest that is not utilized by other (Gates et al. 1992, pp. 151–152). Herds range through about 1990. More northern herbivores such as moose or are fluid and individuals interchange intensive fire management began in caribou (Gates et al. 2001, p. 25). freely (Fuller 1960, p. 15; Wilson et al. Canada in the early 1900s with the Several studies indicate that wood bison 2002, p. 1545). Wood bison travel philosophy that fire was destructive and prefer sedges (Carex spp.), which can between favored foraging habitats along should be eliminated to protect property comprise up to 98 percent of the winter direct routes including established and permit proper forest management diet (Reynolds et al. 1978, p. 586; Smith trails, roads, river corridors, and (Stocks et al. 2003, p. 2). However, 1990, p. 88; Larter and Gates 1991a, p. transmission lines (Reynolds et al. 1978, 2679; Fortin et al. 2003, pp. 224–225). wildfire is an integral component of p. 587; Mitchell 2002, p. 50). Bison are Seasonally, other important diet items also powerful swimmers and will cross boreal forest ecology (Weber and include grasses, willow, and lichen even large rivers such as the Peace, Flannigan 1997, p. 146; Rupp et al. (Reynolds et al. 1978, p. 586; Smith Slave, Liard, and Nahanni to reach 2004, p. 213; Soja et al. 2007, p. 277). 1990, p. 88; Larter and Gates 1991a, pp. forage, provided that there are low Without fire, trees encroach on 2680–2681; Fortin et al. 2003, pp. 224– banks for entry and exit (Fuller 1960, p. meadows and eventually the meadow 225). 5; Mitchell 2002, pp. 32, 50; Larter et al. habitat is lost and replaced by forest. Wood bison are gregarious, with 2003, pp. 408–412). Habitat cows, calves, and yearlings found in The wood bison’s breeding season is matriarchal groups ranging up to a few from July to October. The age of first The foraging habitats most favored by dozen animals (Stephenson et al. 2001, reproduction depends on nutritional wood bison are grass and sedge p. 125; Strong and Gates 2009, p. 438). condition and disease status and is, meadows occurring on alkaline soils. Mature bulls seldom form groups of therefore, variable (Gates et al. 2010, p. These meadows are typically more than a few animals, and solitary 49). Females typically produce their interspersed among tracts of coniferous bulls are common (Fuller 1960, p. 11). first calf when they are 3 years old and forest, stands of poplar or aspen, bogs, Wood bison home range size varies with may be reproductively successful up to fens, and shrublands. Meadows age, sex, and availability of forage age 20 (Wilson et al. 2002, p. 1545). typically represent 5 to 20 percent of the (Larter and Gates 1994, p. 147). Home Although capable of reproduction at age landscape occupied by wood bison ranges of females are larger than those 2, males typically do not participate in (Larter and Gates 1991a, p. 2682; Gates of males (Larter and Gates 1994, p. 147). the rut until they are 5 or 6, and et al. 2001, p. 23). Wet meadows are For wood bison in the Mackenzie Bison reproductive success is at its maximum rarely used in the summer, probably Sanctuary, mean area of home range for between ages 7 and 14 (Wilson et al. because of the energy required to females was 897 square kilometers 2002, pp. 1538, 1544). Bison have a maneuver through the mud, but they are (km2) (346 square miles (mi2) and for polygynous mating system, in which used in late summer when they become males 433 km2 (167 mi2) (Larter and one male mates with several females drier, and in the winter when they Gates 1994, p. 146). Most likely females (Wilson et al. 2002, p. 1538). When freeze (Larter and Gates 1991b, pp. 133, need larger areas because they occur in habitat is adequate and there are no 135; Strong and Gates 2009, p. 438). In larger groups than the males (Larter and other limiting factors such as disease the summer, when daily access to Gates 1994, p. 142). The large home and predation, wood bison populations surface water is required for hydration, ranges of both sexes may be a response have expanded exponentially (FEAP

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1990, pp. 34–35; Gates and Larter 1990, abortion in pregnant cows, but calfhood (COSEWIC) was established in 1977, to p. 233). Consequently, newly vaccination appears to be an effective assess species’ status and evaluate their introduced populations have the tool in preventing transmission of the risk of extinction. In 1978, the capacity to grow quickly, as disease (Palmer et al. 1996, p. 1607; COSEWIC designated wood bison as demonstrated by the Mackenzie herd Olsen et al. 2003, p. 22). Brucellosis is endangered based primarily on the fact (Gates and Larter 1990, p. 235). extremely difficult to eradicate in that there were only about 400 disease- Wood bison are susceptible to a ungulates; the combined use of free wood bison; 100 in a captive herd variety of diseases that may affect their quarantine protocols, serum testing, and 300 in a free-ranging herd. In 1988, population dynamics. The most slaughter, and vaccination is being wood bison was downlisted to important are anthrax, bovine explored as a means of controlling the threatened in Canada because of data brucellosis, and bovine tuberculosis, disease (Nishi et al. 2002, pp. 230–233; presented in a status report prepared by none of which are endemic to wood Bienen and Tabor 2006, pp. 324–325; the National Wood Bison Recovery bison (Gates et al. 2010, pp. 28–32). Aune and Gates 2010, p. 31). Team which documented progress Anthrax is an infectious bacterial Bovine tuberculosis is a chronic towards recovery (Gates et al. 2001, p. disease that is transmitted through the infectious disease caused by the 28; Gates et al. 2010, p. 65). A review inhalation or ingestion of endospores bacterium Mycobacterium bovis by the COSEWIC in 2000 confirmed that (Gates et al. 2010, p. 28). The disease is (Tessaro 1989, p. 417). Historical ‘‘threatened’’ was the appropriate rapidly fatal with death usually evidence indicates that bovine designation at that time (Gates et al. occurring within several days once the tuberculosis did not occur in bison prior 2010, p. 65). clinical signs appear (Dragon et al. 1999, to contact with infected domestic cattle The wood bison was placed in p. 209). Between 1962 and 1993, nine (Tessaro 1989, p. 416). Wood bison were Appendix I of the Convention on outbreaks were recorded in northern infected in the 1920s when plains bison International Trade in Endangered Canada, killing at least 1,309 bison were introduced into the range of wood Species of Wild Fauna and Flora (Dragon et al. 1999, p. 209). Additional bison (Tessaro 1989, p. 417). Currently, (CITES) on July 1, 1975, when the treaty outbreaks continued to occur through at the disease is concentrated in bison in first went into effect. On September 28, least 2007 (GNT 2009, p. 13). Factors and near (Wabasca, Wentzel, and Slave 1997, it was downlisted to Appendix II associated with outbreaks are high River Lowlands herds) WBNP. The based on a proposal from Canada that ambient temperatures, high densities of disease is primarily transmitted by described progress in implementation of insects, and high densities of bison as inhalation and ingestion of the the Canadian recovery plan they congregate in areas of diminishing bacterium, but may also pass to (Government of Canada 1997, entire). forage and water (Dragon et al. 1999, p. offspring through the placenta or CITES Appendix-II species are not 212). Sexually mature males are more contaminated milk (FEAP 1990, p. 11). necessarily considered to be threatened susceptible than cows, juveniles, or Bovine tuberculosis is a chronic disease with extinction now but may become so calves, perhaps because of elevated that progressively becomes debilitating; unless trade in the species is regulated. levels of testosterone (Dragon et al. advanced cases are fatal. There is not an The United States voted in support of 1999, p. 211). Anthrax is not treatable in effective vaccine for immunization the downlisting. free-ranging wildlife, but captive bison against tuberculosis (FEAP 1990, p. 2). Recovery Actions can be vaccinated effectively and treated Wood bison herds in and around with antibiotics (Gates et al. 2001, p. WBNP, Alberta and the Northwest Section 4(f) of the Act directs us to 22). Territories, Canada, are infected with develop and implement recovery plans Bovine brucellosis is caused by the brucellosis and bovine tuberculosis. for the conservation and survival of bacterium Brucella abortus (Tessaro These diseased herds account for about endangered and threatened species, 1989, p. 416). Although the primary half of the free-ranging wood bison and unless the Director determines that such hosts are bovids, other ungulates such are the only known reservoirs of a plan will not promote the as elk can be infected. The disease is tuberculosis and brucellosis among the conservation of the species. The Service primarily transmitted through oral herds (Gates et al. 2010, pp. 4, 35). has not developed a recovery plan for contact with aborted fetuses, Approximately 30 percent of the wood bison, because no wild contaminated placentas, and uterine animals in these herds test positive for populations of wood bison currently discharges. Greater than 90 percent of brucellosis and 21 to 49 percent test exist in the United States. In Canada, infected female bison abort during their positive for tuberculosis. The combined the National Wood Bison Recovery first pregnancy (Gates et al. 2010, p. 30). prevalence of the two diseases is 42 Team published a national recovery Naturally acquired immunity reduces percent (Tessaro et al. 1990, p. 174; plan in 2001 (Gates et al. 2001) and is the abortion rate with subsequent Gates et al. 2010, p. 35). Wood bison currently preparing a revision to the pregnancies (Aune and Gates 2010, p. cows infected with both tuberculosis plan. The purpose of the recovery plan 30). Male bison experience and brucellosis are less likely to be is to advance the recovery of the wood inflammation of their reproductive pregnant, and infected herds are more bison; specific criteria for delisting organs and in advanced cases, sterility. likely to have their populations under SARA were not specified. Both sexes are susceptible to bursitis regulated by wolf predation (Tessaro et Management plans for the provinces and arthritis caused by concentrations al. 1990, p. 179; Joly and Messier 2004, support the goals and objectives of the of the bacterium in the joints, which p. 1173; Joly and Messier 2005, p. 549). National Recovery Plan (e.g., Harper and may make them more susceptible to Unlike anthrax which occurs in Gates 2000, p. 917; GNT 2009, p. 4). predation (Joly 2001, pp. 97–98). Two outbreaks in which many animals die at Four goals were established to advance vaccines, S19 and SR B51, have been one time, brucellosis and tuberculosis the recovery of wood bison (Gates et al. developed in an attempt to prevent are chronic diseases that weaken 2001): bovine brucellosis (Aune and Gates animals over time. (1) To reestablish at least four 2010, pp. 30–31). S19 induces abortion discrete, free-ranging, disease-free, and in cows and is only about 39 percent Conservation Status viable populations of 400 or more wood effective in preventing infection (Davis In Canada, the Committee on the bison in Canada, emphasizing recovery et al. 1991, p. 262). SR B51 also induces Status of Endangered Wildlife in Canada in their original range, thereby

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enhancing the prospects for survival of Free-ranging Herds, Disease-free Herds the present range, however, could the subspecies and contributing to the The Mackenzie bison herd was restrict range expansion in that maintenance of ecological processes and established in 1963 with the direction (Reynolds et al. 2004, p. 9). biological diversity. translocation of 18 wood bison that Regulated hunting occurs on this herd (2) To foster the restoration of wood were originally captured in an isolated (described in Factor B below). Other bison in other parts of their original area of WBNP. This herd is currently the than regulated harvest, no other limiting range and in suitable habitat elsewhere, largest free-ranging, disease-free herd of factors have been identified (Reynolds et al. 2004, p. 17). The Aishihik herd thereby ensuring their long-term wood bison, with approximately 1,600 contributes to recovery goals 1, 2, and survival. to 2,000 animals (Reynolds et al. 2004, 4. (3) To ensure that the genetic integrity p. 7). The Mackenzie Bison Sanctuary was established in 1979 and The Hay-Zama herd was established of wood bison is maintained without in 1984, when 29 wood bison were encompasses an area of 6,300 km2 further loss as a consequence of human transferred from Elk Island National (2,432 mi2) northwest of Great Slave intervention. Park to the holding corral site near Hay- Lake. The current range of the Zama Lakes, Alberta (Gates et al. 2001, (4) To restore disease-free wood bison Mackenzie bison herd (12,000 km2 p. 17). A herd of 48 wood bison became herds, thereby contributing to the (4,633 mi2)) extends well beyond the free-ranging when portions of the corral aesthetic, cultural, economic, and social boundaries of the sanctuary. Habitat they were being held in collapsed in well-being of local communities and protection within the range of the 1993 (Gates et al. 2001, p. 17). Since society in general. Mackenzie bison herd is facilitated then, the free-ranging herd has grown to Revisions to the List of Endangered through the SARA, Canada’s equivalent approximately 750 animals (Table 1), and Threatened Wildlife (adding, to the Act, and the Mackenzie Valley thus contributing to recovery goals 1, 2, removing, or reclassifying a species) Resource Management Act of 1998. and 4. In 1995, the Government of must reflect determinations made in Although the Mackenzie Valley Alberta established a 36,000 km2 accordance with sections 4(a)(1) and Resource Management Act does not (13,900 mi2) Bison Management Area 4(b) of the Act. Section 4(a)(1) requires specifically provide protection to wood around the Hay-Zama herd in the that the Secretary determine whether a bison, it did create a Land and Water northwestern corner of the province. In species is endangered or threatened, as Board (LWB), which is given the power this area, all wood bison are legally defined by the Act, because of one or to regulate the use of land and water, protected from hunting under Alberta’s more of the five factors outlined in including the issuance of land use Wildlife Act; outside of the area they are section 4(a)(1). In other words, an permits and water licenses. Under not protected. Collisions with vehicles analysis of the five factors under 4(a)(1) current management, an annual harvest are the largest source of known can result in a determination that a is allowed (described in Factor B mortality for individuals in this herd species is no longer endangered or below), and the Mackenzie herd size has (Mitchell and Gates 2002, p. 9). threatened. Section 4(b) requires the been greater than the recovery target of The Nahanni herd, established in determination made under section 400 since 1987, with approximately 1980 with the release of 28 wood bison, 4(a)(1) be based on the best scientific 1,600 to 2,000 animals (Gates and Larter occurs primarily in southeast Yukon and commercial data available and after 1999, p. 233; Table 1). Thus, the and northeast British Columbia. taking into account those efforts, if any, Mackenzie herd contributes to recovery Population size has been approximately being made by any State or foreign goals 1 and 4. 400 animals or more since 2004 (Table nation to protect such species. In the Five releases of wood bison totaling 1). Availability of suitable habitat may absence of a recovery plan for wood 170 animals from 1988 to 1991 limit this herd’s size (Gates et al. 2001, bison in the United States, we rely on established the Aishihik herd in p. 17). The Nordquist herd was the five-factor analysis and progress southwestern Yukon, in a remote area established in 1995, near the Laird River west of Whitehorse, Canada. Herd size towards meeting the recovery goals in northeastern British Columbia (Table has totaled over 400 since 1999 (Gates outlined in the Canadian recovery plan 1). Because the majority of the herd et al. 2001, p. 14; Table 1). With a in this proposed rule to determine if it occupies habitat near the Alaska current population of approximately is appropriate to reclassify wood bison. Highway, vehicle collisions are the 1,000 animals, it is the second-largest We also take into consideration the primary source of mortality (Reynolds et herd. The herd inhabits approximately conservation actions that have occurred, al. 2009, p. 6). It is anticipated that the 9,000 km2 (3,475 mi2) of largely are ongoing, and are planned. Nordquist and Nahanni herds will undeveloped habitat near the eventually coalesce into one herd In 1978, there was one free-ranging, community of Haines Junction, adjacent because of their close proximity and the disease-free herd with 300 individuals, to Kluane National Park. Less than 5 presence of river corridors that provide the MacKenzie herd (Table 1). By 2000, percent of the range of the Aishihik herd travel corridors (Gates et al. 2001, p. 18). when the last Canadian status review is on private lands (First Nation Although it has not yet occurred, was conducted, the number of disease- Settlement Lands), and these combination of the two herds would free herds had grown to 6, with a total landowners participate in a create a herd with numbers that exceed of approximately 2,800 individuals management planning team specifically the recovery criterion of 400 (Table 1). (Table 1). Since 2000, an additional for this herd. The remainder of the The Etthithun herd was established in herd has been established bringing the herd’s range is owned by the 2002, near Etthithun Lake, British total number to 7, and the number of Government of Canada, and there are no Columbia. Factors limiting the size of disease-free, free-ranging bison has threats to habitat in this area (Reynolds this herd include the amount and increased to approximately 4,400 (Table et al. 2004, p. 9). The herd has room to location of suitable habitat, conflicts 1). Four of the herds have a population expand or shift its range, because there with humans and industrial of 400 or more, meeting recovery goal are no large-scale developments east, development, and potential contact with number 1 (Table 1). The free-ranging, west, or north of the present range for commercial plains bison (BC MOE, pers. disease-free herds are discussed in several hundred kilometers. Small-scale comm., 2010). Current population size detail below. agricultural development to the south of is approximately 124 (Table 1);

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consequently, this herd does not captive, disease-free herd from a wild or more depending on the location currently meet the recovery criterion of herd infected with brucellosis and (ADF&G 2007, p. 79). Environmental 400 individuals. However, it does tuberculosis. The overall objective of the analysis of the project is currently under contribute to recovery goals 2 and 4. project was to determine the feasibility review. The National Wood Bison The Chitek Lake herd was established of genetic salvage from a diseased herd Recovery Team in Canada in 1991, in Manitoba, Canada. The (Nishi et al. 2002, p. 230). Specific recommended establishing one or more Chitek Lake Wood Bison Management objectives of the project were to populations in Alaska in areas that can Committee plans to maintain the herd at conserve the genetic integrity of the support 400 or more animals (Gates et approximately 300 animals to keep the wild herd by capturing an adequate al. 2001, p. 31). Establishment of one or herd within carrying capacity of the number of calves; provide intensive more herds in Alaska would be a habitat. The 100,300 hectare (ha) veterinary and preventative drug significant contribution to increasing (25,452 acre (ac)) Chitek Lake Park treatment to eliminate disease from the the number of secure, disease-free, free- Reserve provides habitat protection for calves; and raise a disease-free herd roaming herds. the core range of the herd. Limiting from the salvaged calves (Nishi et al. Summary of Progress Toward Recovery factors for the herd include accidental 2002, p. 229). From 1996 to 1998, 62 mortality from drowning, starvation in calves were captured. The disease In summary, since 1978, the number bad winters, and predation from wolves eradication protocol included orphaning of free-ranging, disease-free herds has (Manitoba Conservation, pers. comm., new-born wild-caught calves to increased from 1 to 7, and the number 2010). Although outside of the historic minimize their exposure to B. abortus of wood bison has increased from range of wood bison, Chitek Lake herd and M. bovis, testing calves for approximately 400 to over 4,000. The plays an important role in wood bison antibodies to brucellosis prior to first recovery goal of establishing 4 free- conservation because it is an isolated inclusion in the new herd, treatment ranging, disease-free herds with 400 or disease-free herd and, consequently, with antimycobacterial and anti- more animals has been met, and provides security to the species through Brucella drugs, and intensive whole- planning is underway to create one or population redundancy, thus herd testing for both diseases (Nishi et more herds in Alaska. Although the contributing to recovery goal 2. al. 2002, p. 229). By 2002, the herd size number of herds needed to meet recovery goal 2 was not specified, Captive Disease-free Herds was 122. In 2006, after 9 years of intensive management, the herd was progress has been made on the second In addition to the free-ranging wood destroyed because bovine tuberculosis goal with the establishment of disease- bison herds discussed above, four was discovered in 2005 in 2 founding free herds in Russia; Manitoba, Canada; captive herds have been established, animals and 10 captive-born animals, and Alaska. The Hook Lake Bison although only three are currently viable. even though all animals initially tested Recovery Project was a well-planned, The Elk Island National Park herd in disease-free. The herd provided science-based attempt to conserve the Alberta, Canada, was established in valuable information on genetic salvage, genetic diversity of a diseased herd and 1965 from wood bison transferred from genetic management, captive breeding would have contributed greatly to an isolated portion of WBNP. It is the for conservation, disease testing, and the recovery goal 3. Although ultimately the national conservation herd and has difficulties involved in eradicating project was unsuccessful, a great deal of provided disease-free stock for six of the disease (Wilson et al. 2003, pp. 24–35). knowledge was gained (Wilson et al. free-ranging populations and several The Hook Lake Herd contributed to 2003, pp. 62–67). The wood bison captive breeding herds in zoos and recovery goal 3. recovery team is very aware of the need private commercial ranches (Gates et al. In April 2006, 30 wood bison calves to maintain genetic diversity in the 1992, p. 153). Carrying capacity at Elk were transferred from Elk Island herds and establishes new herds with Island National Park is approximately National Park to Lenski Stolby Nature the goal of maintaining genetic diversity 350 animals; animals above this number Park near Yakutsk, Sahka Republic through multiple introductions (i.e., the are regarded as surplus and are removed (Yakutia), Russia. An additional 30 head Aishihik herd and Hook Lake herd). The to establish and supplement free- are to be transferred in 2011. Although establishment of six additional herds on roaming populations in former areas of outside the historical range, this was an the landscape since 1978 contributes to their historic range (Parks Canada opportunity to create another recovery goal 4. In addition, the captive 2009a, unpaginated). Although the herd geographically separate population population at Elk Island National Park is fenced, the animals are semi-wild and which provides added security to the has provided disease-free stock for those spend the majority of their time roaming species through population redundancy, six additional herds and two captive the 65 km2 (25 mi2) enclosure, thereby contributing to recovery goal 2. herds. It is clear that there is active interacting with the environment in a Transfer of wood bison to Russia was management of the herds, and multiple largely natural manner (Gates et al. specifically mentioned in the recovery avenues of research are being funded 2001, p. 18). The herd is rounded up plan because it would contribute to the and pursued regarding the biology and annually to test for disease and to global security of the species (Gates et management of wood bison. Progress vaccinate for common cattle diseases. al., 2001, p. 14). towards the recovery goals outlined in The age, sex, and condition of all the In June 2008, 53 disease-free wood the national recovery plan, published by individuals are determined to inform bison were transferred from Elk Island the National Wood Bison Recovery management decisions. Using this National Park to the Alaska Wildlife Team, is moving forward steadily. information, individuals are selected for Conservation Center in Portage, Alaska. sale, donation, or the establishment of Consequently, this captive herd Summary of Factors Affecting the new herds, which also controls the currently contributes to recovery goal Subspecies population size of the herd (Parks number 2 through population Section 4 of the Act and Canada 2009b, unpaginated). This redundancy. Ultimately, the Alaska implementing regulations (50 CFR part conservation herd contributes to Department of Fish and Game (ADFG) 424) set forth procedures for adding recovery goals 2, 3, and 4. plans to restore wood bison populations species to, removing species from, or The Hook Lake Wood Bison Recovery in one to three areas in interior Alaska, reclassifying species on the Federal Project was initiated to establish a with potential herd size of 500 to 2,000 Lists of Endangered and Threatened

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Wildlife and Plants. Changes in the List A. The Present or Threatened sites being burned up to three times can be initiated by the Service or Destruction, Modification, or (Chowns et al. 1997, pp. 206–207). In through the public petition process. Curtailment of its Habitat or Range addition, lightning fires burned 300,000 ha (741,316 ac), or almost 20 percent of Under section 4(a)(1) of the Act, a Loss of Foraging Habitat species may be determined to be the wood bison range in this area, from endangered or threatened based on any Fire Suppression 1994 to 1996 (Chowns et al. 1997, p. of the following five factors: Wood bison depend on a landscape 209). Plants favored by bison were more abundant in unburned areas and in (A) The present or threatened that includes sufficient grasslands and meadows for foraging habitat (Larter and meadows that had burned only once destruction, modification, or (Quinlan et al. 2003, p. 348), indicating curtailment of its habitat or range; Gates 1991b, p. 133). It appears that primarily through fire suppression, that prescribed burns must be used (B) Overutilization for commercial, there was an overall loss of meadow judiciously to be effective in creating recreational, scientific, or educational habitat in Canada through the 1900s. foraging habitat for wood bison. A study purposes; More intensive fire management began of vegetation recovery and plains bison use after a wildfire near Farewell, (C) Disease or predation; in Canada in the early 1900s with the Alaska (Campbell and Hinkes 1983, p. philosophy that fire was destructive and (D) The inadequacy of existing 18) showed that grass and sedge- should be eliminated to protect property regulatory mechanisms; or dominated communities increased from and permit proper forest management 38 percent to approximately 97 percent (E) Other natural or manmade factors (Stocks et al. 2003, p. 2). However, of the study area. Plains bison use also affecting its continued existence. wildfire is an integral component of increased in subsequent years after the boreal forest ecology (Weber and We must consider these same factors fire, and winter distribution of the Flannigan 1997, p. 146; Rupp et al. in downlisting a species. In making this Farewell herd expanded due to fire- 2004, p. 213; Soja et al. 2007, p. 277). 12-month finding on the petition, we related habitat changes (Campbell and Without fire, trees encroach on evaluate whether the species must be Hinkes 1983, pp. 18–19). Because listed as endangered or threatened meadows and eventually the meadow sedges are important winter forage for because of one or more of the five habitat is lost and replaced by forest. wood bison, the amount of such habitat factors described in section 4(a)(1) of the Fire alone, or in combination with has a major influence on herd size. Act. For species that are already listed grazing, can facilitate the conversion Newly created habitats will be used by as endangered or threatened, we and maintenance of grasslands (Lewis wood bison when these habitats are evaluate both the threats currently 1982, p. 24; Chowns et al. 1997, p. 205; contiguous with existing summer or Schwarz and Wein 1997, p. 1369). facing the species and the threats that winter ranges (Campbell and Hinkes Burning by Native groups within the are reasonably likely to affect the 1983, p. 20). range of wood bison was apparently a In summary, studies that have looked species in the foreseeable future common practice through the 1940s following the delisting or downlisting at the exclusion of fire or the effect of outside WBNP but ended within the wildfire on wood bison habitat have and the removal or reduction of the park when it was established in 1922 Act’s protections. concluded that fire is a necessary (Lewis 1982, pp. 22–31; Schwarz and component of the landscape to maintain Under section 3 of the Act, a species Wein 1997, p. 1369). An examination of clearings and create conditions that is ‘‘endangered’’ if it is in danger of aerial photographs taken at WBNP over favor forage preferred by wood bison. extinction throughout all or a significant time showed that a semi-open grassland Controlled burns can have the same portion of its range and is ‘‘threatened’’ that covered about 85 ha (210 ac) in effect as wildfire by creating openings in if it is likely to become an endangered 1928 supported a grassland of only 3 ha the forest. However, repeated burns in species within the foreseeable future (7.4 ac) in 1982 (Schwarz and Wein the same location can be detrimental to throughout all or a significant portion of 1997, p. 1369). In addition, a number of creating suitable forage. sites previously identified as prairie are its range. ‘‘Foreseeable future’’ is Timber Harvest determined by the Service on a case-by- now dominated by trembling aspen case basis, taking into consideration a (Schwarz and Wein 1997, p. 1369). The volume of timber logged in variety of species-specific factors such Although not quantified, it is likely that Canada rose 50 percent from 1970 to because of fire suppression and forest 1997; in Alberta, the logging rate as lifespan, genetics, breeding behavior, encroachment on meadows, there was a increased 423 percent from 3.4 to 17.8 demography, threat projections net loss of suitable open meadow million m3 (120 to 628 million feet (ft)3) timeframes, and environmental habitat for wood bison throughout their per year during the same time (Timoney ‘‘ ’’ variability. The word range in the range through about 1990. More and Lee 2001, p. 394). These values are phrase ‘‘significant portion of its range’’ recently, several factors may be conservative because forests logged on (SPR) refers to the range in which the counteracting the loss of open meadow private land and those harvested on species currently exists, and the word habitat including controlled burns, government land after fire, insect ‘‘significant’’ refers to the value of that timber harvest, oil and gas development, outbreaks, or disease may go unrecorded portion of the range being considered to and the effects of climate change, as (Timoney and Lee 2001, p. 395). The the conservation of the species. discussed below. primary method of harvest is clearcutting (Timoney and Lee 2001, p. For the purposes of this analysis, we Controlled Burns will evaluate all five factors currently 394). Compared to a closed canopy affecting, or that are likely to affect, the Controlled burns have been forest, clearcuts improve the amount of wood bison to determine whether the implemented since 1992 in wood bison suitable habitat available to wood bison currently listed species is threatened or habitat in the Northwest Territories to because they create openings and increase the amount of summer forage endangered. increase meadow habitat (Chowns et al. 1997, p. 206). Approximately 4,400 to available. However, the quantity and 26,900 ha (10,873 to 66,471 ac) were quality of forage is less than what is burned from 1992 to 1997 with some found in preferred wood bison foraging

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habitats, and the increased productivity dramatically within their range, hybridization, these herds limit where seen after a clearcut is not maintained, potentially creating suitable habitat, we wood bison can be reintroduced. Five as woody vegetation becomes more do not have documentation of wood plains bison herds occur in Alaska and dominant over time (Redburn et al. bison use of this type of habitat. one occurs in British Columbia, Canada 2008, p. 2233). In addition, clearcuts do Agricultural Development (Gates et al. 2010, p. 56). None of these not provide adequate winter forage plains bison herds occur in close because wood bison’s preferred food, The popularity of bison as an proximity to free-ranging wood bison sedges, typically do not colonize these alternative to beef in human diets has herds with the exception of one herd— led to a growth of commercial bison areas. Clearcutting is not being used as the Pink Mountain herd, British ranches in Canada and the United States a management tool to increase wood Columbia, which also occupies habitat bison habitat currently, and whatever (Gates et al. 1992, p. 155). Exports of bison meat from Canada doubled to over that could have been used for wood gains in habitat that have occurred from bison (Harper et al. 2000, p. 11). clearcutting are most likely low. 2 million kilograms (2.3 tons) from 2001 In summary, although timber harvest to 2006 (Statistics Canada 2009a, Preventing interbreeding between free- occurs throughout the range of wood unpaginated). Plains bison dominate ranging plains bison and wood bison is bison, it is unclear to what extent it is agricultural production in Canada a management objective in British creating suitable habitat. Clear cuts can because commercial production of this Columbia and is accomplished by increase summer forage, but they need subspecies has been in place much maintaining a large physical separation to be in proximity to sedge meadows longer than it has been for wood bison between the herds and having a (wintering habitat) to increase the (Gates et al. 1992, p. 156; Harper and management zone around the plains annual carrying capacity for wood Gates 2000, p. 919). Bison production in bison herd that allows harvest of plains bison, and the openings created by the Canada is concentrated in the western bison within this zone (Harper et al. clear cuts must be maintained over time. provinces, within the historical range of 2000, p. 23). Although timber harvest has the wood bison. In 2006, there were 195,728 Agricultural development, including potential to increase the amount of plains bison on 1,898 farms reporting in plains bison ranching, is the least suitable habitat for wood bison, the the Canadian National Census; an compatible land use for wood bison increase of 35 percent from 2001 amount that may have been created is recovery (Harper and Gates 2000, p. (Statistics Canada 2009b, unpaginated). most likely low and is undocumented. 921). Loss of habitat for agricultural Thus, plains bison represented production is a threat to wood bison Oil and Gas Development approximately 95 percent of the total Oil and gas exploration and bison on the landscape in Canada in because of the large areas involved. production in Canada has increased in 2006. Existence and expansion of Agricultural development near Fort St. the last 20 years (Timoney and Lee commercial plains bison production John and Fort Nelson, British Columbia, 2001, pp. 397–398). Seismic mapping to reduces the amount of land available for has reduced habitat for wood bison, and determine the oil and gas reserves below wild wood bison populations and continuing expansion of agriculture in the surface involves cutting paths 5 to increases the risk of hybridization when the north will further limit the ability to 8 meters (m) (16.4 to 26 ft) wide across plains bison escape captivity (Harper meet population recovery objectives the landscape. The seismic lines become and Gates 2000, p. 919; Gates et al. (Harper and Gates 2000, p. 921). Based persistent features in the forested boreal 2001, pp. 24, 29). Demand currently on a conservative estimate of historical landscape (Lee and Boutin 2006, p. exceeds supply; therefore, expansion of habitat only in Canada, Gates et al. 249). Approximately 70 percent of commercial plains and wood bison (1992, p. 154) estimated that human landscape disturbance for non- operations is expected to continue activities and development exclude renewable resource extraction in Alberta (Gates et al. 2001, p. 24) wood bison from approximately 34 is due to seismic lines (Timoney and Escape of plains bison from fenced percent of their historic range. When an Lee 2001, p. 397). There are an enclosures within the range of the wood updated Canadian historical range estimated 1.5 to 1.8 million km (932,000 bison in Canada poses a threat to the (Stephenson et al. 2001, p. 136) and the to 1,100,000 mi) of seismic lines in genetic integrity of wood bison (Gates et Alaskan historical range are included in Alberta (Timoney and Lee 2001, p. 397). al. 1992, p. 156; Gates et al. 2001, p. 24). the calculation, the amount of Lee and Boutin (2006, p. 244) found that Because of their size, strength, and compromised habitat drops to only 8.2 percent of seismic lines in undomesticated nature, typical fences approximately 16.5 percent if only Alberta’s northeastern forested stands are insufficient to restrain bison (FEAP Canada is considered, and 13 percent if recovered to greater than 50 percent 1990, p. 29; Harper and Gates 2000, p. the historical habitat in Canada and woody vegetative cover after 35 years, 919). Maintenance of fences can be a Alaska are combined (Stephenson 2010, and 64 percent of these seismic lines challenge in harsh environments where pers. comm.). Sanderson et al. (2002, maintained a cover of grasses and herbs. tree-fall, snow, ice, and frost heave can pp. 894–896; 2008, p. 257) found that In terms of creating forest openings, impair the integrity of the fence and more suitable foraging habitat, and necessitate frequent repairs. The import the level of human influence in the linear paths, seismic lines may be of plains bison to a private ranch near range occupied by wood bison to be beneficial for wood bison. However, Pink Mountain, British Columbia, led to extremely low (less than 10 percent). because vehicular routes were the establishment of a free-ranging herd Although human development and established in 20 percent of the seismic of plains bison after they escaped their influence is very low over the majority lines, they also become corridors for off- enclosure (Gates et al. 1992, p. 156). of range occupied by wood bison, we road vehicles, recreationalists, and In addition to commercial production, assume that because of human poachers (Trombulak and Frissell 2000, free-ranging, publicly managed plains population growth, increased pp. 19–20; Timoney and Lee 2001, p. bison herds have been established commercial production of plains bison, 400; Lee and Boutin 2006, p. 244). outside their historical range and within and increased agricultural production, Although wood bison are known to the historical range of wood bison in there will be continued loss of suitable occupy linear clearings such as roads, Alaska and Canada (Gates et al. 2010, p. wood bison habitat into the foreseeable and seismic lines have increased 56). Because of the potential for future.

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Climate Change results indicate forests affected by beetle The increase in temperature, Climate change models project that kill may become more suitable to wood predicted by the Canadian and Hadley the largest temperature increases will bison by creating openings and General Circulation Models described occur in the upper latitudes of the changing the vegetative composition. above, is expected to cause major shifts northern hemisphere, and that there This would be particularly true in areas in ecosystems (Rizzo and Wiken 1992, will be an increase in extreme climate where, because of climate change, there p. 37; Hogg and Schwarz 1997, p. 527). events in these areas (IPCC 2007, was a permanent change in landscape The amount of grassland in Canada may 11.5.3.1). This area includes the boreal cover from forest to grassland (Rizzo increase by about 7 percent and shift forest of Canada and Alaska in the range and Wiken 1992, p. 53; Flannigan et al. northward (Rizzo and Wiken 1992, p. of wood bison. Some of the predicted 2000, pp. 226–227). Werber and 52). Several modeling efforts suggest outcomes of climate change are: an Flannigan (1997, p. 157), and that boreal forests will shift northward increase in temperature; an increase in Malmstro¨m and Raffa (2000, p. 36), into the area now characterized as subarctic (Rizzo and Wiken 1992, pp. insect outbreaks; an increase in wildfire indicate that insect outbreaks increase 48–50; Rupp et al. 2002, p. 214). These severity, area burned, and fire season an area’s susceptibility to fire ignition changes may favor the expansion of length with potential landscape scale and spread. suitable habitat for wood bison over the ecotype effects; and a shift northward of Since the mid-1980s, wildfire next century. Because one of the boreal forest (Hamann and Wang 2006, frequency in western forests has nearly anticipated outcomes under climate pp. 2780–2782; Soja et al. 2007, p. 277). quadrupled compared to the average change and the new fire regime is a These aspects of climate change have frequency during the period 1970–1986. retraction of the southern boreal forest the potential to increase the amount of The total area burned is more than six and expansion of grasslands, we habitat suitable for wood bison over the and a half times the previous level (Westerling et al. 2006, p. 941). In anticipate that habitat for wood bison, next 100 years. which require meadows intermixed The mean annual temperature of addition, the average length of the fire with forest, will increase over the next interior Alaska and northern Canada has season during 1987–2003 was 78 days century. increased by 2 degrees Celsius (°C) (3.6 longer compared to that during 1970– degrees Fahrenheit (°F)) in the last four 1986, and the average time between fire Summary of Factor A discovery and control was 29.6 days decades (Serreze et al. 2000, p. 163). Our analysis of habitat threats to longer (Westerling et al. 2006, p. 941). Warming has triggered bark beetle wood bison under Factor A includes In Alaska, the largest fire on record was outbreaks in western North America, management actions that are being taken in 2004, and the third largest was in including south-central Alaska and (controlled burns, timber harvest, oil British Columbia. In British Columbia, 2003 (Soja et al. 2007, p. 281). and gas development), anticipated by the end of 2006, 130,000 km2 (50,193 The area burned by forest fires in changes to the landscape based on mi2) of forested lands were affected Canada has increased over the past 4 climate change (increased insect (Kurz et al. 2008, p. 987). The outbreak decades (Stocks et al. 2003, p. 2; Gillett outbreaks, increased fire, ecotype in British Columbia was an order of et al. 2004, p. 4; Soja et al., 2007, p. transition), and agricultural magnitude greater in area and severity 281). In Canada, weather/climate is the development. In summary, most likely than all previous recorded outbreaks most important natural factor there was loss of suitable meadow (Kurz et al. 2008, p. 987). In the boreal influencing forest fires (Gillett et al. foraging habitat for wood bison from fire regions of Alaska, the cumulative insect 2004, p. 2; Flannigan et al. 2005, p. 1). suppression in the 20th century. Several damage from 1993 to 1998 was 1.6 to 2.4 Projections based on the Canadian and factors including fire, timber harvest, oil million ha (3.9 to 5.9 million ac) Hadley General Circulation Models, and gas exploration, and insect (Matthews 1997, p. 4; Malstro¨m and which predict future carbon dioxide and infestations could create more forest Raffa 2000, p. 36) with 90 percent of the temperature increases, indicate that the openings and grassland habitat. spruce on the Kenai Peninsula being area burned in boreal forests of Canada However, neither the loss, nor potential affected (Soja et al. 2007, p. 282). will double by the end of the century gain in habitat from these sources has The warmer minimum winter (Flannigan et al. 2005, pp. 11–12), the been quantified, and the suitability of temperatures increased survival of area exhibiting high to extreme fire habitat for wood bison created as a by- beetles during the winter, while danger will increase substantially, and product of resource development is increased summer temperatures and the length of the fire season will largely unknown. The primary loss of reduced summer precipitation stressed increase (Stocks et al. 1998, pp. 5–11). habitat for wood bison has occurred the trees and contributed to the In the absence of fire, vegetation from agricultural development intensity of the bark beetle infestation changes would occur relatively slowly (including commercial production of (Kurz et al. 2008, p. 987). In addition, in response to relatively slow changes in plains bison). Although the current level the warmer temperatures quickened the the climate. Because of its immediate of human influence in the range of maturation rate of the beetles from 2 and large-scale effect, fire is seen as an wood bison is low, we anticipate human years to 1 year, hastening population agent of change that will hasten the population growth will continue, and growth (Berg et al. 2006, p. 219; Werner modification of the landscape to a new loss of suitable habitat from agricultural et al. 2006, p. 195). The effect of insect equilibrium with climate. Area burned development is expected in the outbreaks on wood bison habitat may overshadow the direct effects of foreseeable future. In the short term, includes a potential increase in suitable climate change on plant species habitat loss is expected to outstrip gain wood bison habitat, and an increase in distribution and migration (Werber and because of the increasing demand and susceptibility to fire. In insect-infested Flannigan 1997, p. 157). The new fire production of commercial bison. Based plots studied on the Kenai Peninsula, regime is expected to affect the age class on model projections of the effects of cover of bluejoint grass (Calamagrostis distribution, species composition, climate change, it is anticipated that canadensis), a summer forage species, landscape mosaics, and boundaries, there will be increased insect increased to more than 50 percent including a retraction of the southern infestations, increased fire frequency compared to uninfested forest stands boreal forest (Werber and Flannigan and area burned, and warmer (Werner et al. 2006, p. 198). These 1997, pp. 157, 160). temperatures, leading to shifts in

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ecosystems. In the long term, these 39). The current annual allowable In addition to regulating herd size, changes will likely create more forest harvest is 47 bison, which is 2.5 percent harvest is also used to prevent the openings and landscapes in early of the population estimate (Reynolds et spread of bovine tuberculosis and successional stages and may increase al. 2004, pp. 15, 39). brucellosis infection in wood bison. the amount of suitable habitat available Sport hunting is the primary method Under the Northwest Territories Big- to wood bison. Whether the potential of regulating the growth of the Aishihik Game Hunting Regulations, hunters may gain in habitat will offset the loss from herd, because natural predation on the shoot any bison sighted within the development in the long term is herd is low. The Yukon Wood Bison Bison Control Area (BCA), an area unknown. Consequently, based on the Technical Team provides advice on located between the WBNP diseased best scientific and commercial data wood bison management that is herd and the Mackenzie and Nahanni available, we conclude that loss of sensitive to local conditions (i.e., to disease-free herds. The goal is to reduce habitat remains as a significant threat to remove wood bison from highway right- the risk of bovine tuberculosis and wood bison in the foreseeable future. of-ways, competition of bison with other brucellosis infection of the Mackenzie and Nahanni herds by removing B. Overutilization for Commercial, native ungulates), and consistent with infected animals dispersing from WBNP Recreational, Scientific, or Educational the National Wood Bison Recovery Plan (see discussion under Factor C). Purposes (Yukon Environment 2009, p. 1). The annual allowable harvest is determined Thirteen bison were removed from the Overharvesting for the fur trade and each year based on population size and BCA in the mid-1990s (Nishi 2002, pp. westward expansion by Europeans calf recruitment rate. Harvest from 1999 12–13). There is currently no authorized resulted in near extinction of wood to 2007/2008 winter season ranged from harvest of wood bison in British bison by the late 1800s (Gates et al. 65 to 75 animals. In the 2008/2009 Columbia. 1992, pp. 143–145). Currently, the winter season, the allowable harvest Under Canada’s SARA, all collection utilization of free-ranging, disease-free increased to 200 because the population of listed species such as wood bison for wood bison populations is closely continued to grow under the old quota. scientific purposes is closely regulated. regulated and managed for Increased harvest is expected to restrict Scientific research on disease, genetics, sustainability. Under the Species at Risk the movement of wood bison away from diet, and other aspects of wood bison Act (SARA), a species listed as their traditional range, address highway life history can and has been done using threatened may not be killed on Federal safety concerns, and achieve bison animals that have been legally taken by lands such as National Parks or National hunters, animals that died through management objectives (Government of Wildlife Areas, except where permitted natural factors, or road kill (e.g., Tessaro Yukon 2009, p. 1). Resident, non- under a national recovery strategy (GNT et al. 1990, p. 175). Scientific research resident, and First Nations hunters are 2009, p. 15). Harvest is used as a must relate to the conservation of the required to have a permit to hunt wood recovery management tool to regulate species and be conducted by qualified bison. Harvest regulations are strictly herd size when other limiting factors, persons; the activity must benefit the enforced by Yukon Department of such as predation or disease, do not. species or enhance its chance of Environment conservation officers, Without harvest, herd size can expand survival in the wild. In addition, often in collaboration with local First beyond the carrying capacity of the activities affecting the species must be Nations Game Guardians. landscape, may grow to the point where incidental to carrying out an otherwise overlap with either plains bison or Hunting in the Hay-Zama herd began lawful activity. Researchers must diseased herds is more likely, or may in 2008 for the first time. Hunting was demonstrate awareness of the provisions expand into areas such as highway initiated to regulate the population size, of SARA, that measures are being taken right-of ways. Regulated harvest is reduce wood bison conflicts with to minimize harm to listed species, and allowed from the disease-free humans in the communities of Zama that the most effective measures for Mackenzie herd, Nahanni herd (quota of City and Chatey, reduce wood bison- minimizing harm are adopted. two bison annually), the Aishihik herd, vehicle collisions on two highways, and Harvest of wood bison does not occur and the Hay-Zama herds under permit limit wood bison distribution eastward, and only a small number of wood bison systems controlled by the respective preventing potential contact with have been sporadically taken from territorial wildlife agencies, and is diseased bison from WBNP disease-free herds for display in zoos or managed on a conservative sustained- (Government of Alberta 2010a, wildlife parks. This occurs only when yield basis. The regulated harvests for unpaginated). Harvest removed 128 and surplus animals are available and these the Mackenzie, Aishihik, and Hay-Zama 155 animals in the 2008/09 and 2009/ surplus animals have typically come herds are described below. 10 seasons, respectively (Government of from Elk Island National Park (Gates et Hunting of the Mackenzie wood bison Alberta 2010b, unpaginated). Three al. 2010, p. 81). herd is regulated under a quota system hundred licenses were issued each year, The wood bison was placed in based on population size, and through 200 to Aboriginal hunters and 100 to Appendix I of the Convention on consideration of Native community recreational hunters. Because the International Trade in Endangered interests in subsistence hunting, objectives of reducing herd size and Species of Wild Fauna and Flora through a co-management process with human conflicts have been met, the total (CITES) on July 1, 1975, when the treaty the Fort Providence Resource number of licenses has been reduced in first went into effect. CITES is an Management Board. Regulated hunting the 2010/11 season to 105 (Government international agreement between was initiated in 1987. Non-resident of Canada 2010b, unpaginated). Based governments to ensure that the hunting licenses were first issued for the on the success rate of the past two international trade of CITES-listed plant winter hunt in 1992/1993. The quota for seasons, approximately 50 animals will and animal species does not threaten resident and non-residents has been likely be harvested. It is estimated that species’ survival in the wild. There are adjusted over time based on herd size a population objective of 400–600 wood currently 175 CITES Parties (member and community input. The allowable bison can be sustained by harvesting countries or signatories to the quota for harvest has never been taken approximately 60 to 70 animals per Convention). Under this treaty, CITES and has ranged from 20 to 93.6 percent season (Government of Canada 2010b, Parties regulate the import, export, and of the quota (Reynolds et al. 2004, p. unpaginated). reexport of CITES-protected plants and

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animal species (also see Factor D). Trade born/captive-bred, pre-Convention, and began to decline from 11,000 in 1971 to must be authorized through a system of confiscated wood bison. approximately 2,300 by 1998 (Carbyn et permits and certificates that are As a species listed in Appendix II of al. 1998, p. 464). The reasons for the provided by the designated CITES CITES, commercial trade of wood bison population decline are not known with Scientific and Management Authorities is allowed. However, CITES requires certainty, but disease, predation by of each CITES Party (CITES 2010, that before an export can occur, a wolves, and habitat condition may all unpaginated). Species included in determination must be made that the have played a role (Carbyn et al. 1998, CITES Appendix I are considered specimens were legally obtained (in pp. 467–468; Joly and Messier 2004, pp. threatened with extinction, and accordance with national laws) and that 1165–1166). Population numbers at international trade is permitted only the export will not be detrimental to the WBNP have stabilized at about 4,000 to under exceptional circumstances, which survival of the species in the wild. 5,000 since 2002 (Table 1). generally precludes commercial trade. Because CITES requires that all Bovine tuberculosis and bovine Beginning in 1993, the European international shipments of wood bison brucellosis receive special attention Economic Community CITES Working must be legally obtained and not because they cause production losses in Group authorized the import of wood detrimental to the survival of the domestic animals, they can potentially bison trophies from the Mackenzie species, we believe that international infect humans, and they are required to population, one of the disease-free herds trade controlled via valid CITES permits be reported under the Canadian Food with regulated harvest. On September is not a threat to the species. and Inspection Agency’s (CFIA) Health 28, 1997, the wood bison was Furthermore, we have no information of Animals Act and Regulations (FEAP downlisted to Appendix II based on a indicating that illegal trade is a threat to 1990, p. 7). Although wildlife is not proposal from Canada, which described this species. under their jurisdiction, the CFIA progress made in recovery plan recognizes the threat of reportable implementation (Government of Canada Summary of Factor B diseases to the commercial livestock 1997, entire). The United States voted in It is possible that, with the ongoing industry and international trade. The support of the downlisting. Appendix II recovery actions, a status review of CFIA follows a strict testing and allows for regulated trade, including wood bison in Canada could lead to eradication program for bovine commercial trade, as long as the delisting under SARA within the next tuberculosis and brucellosis in domestic exporting country issues a CITES permit 10 years. If this were to happen, we animals, requiring that all infected based on findings that the specimen was expect that regulations for recreational animals and all exposed susceptible legally acquired and the export will not hunting, import of wood bison trophies, animals be destroyed (Canadian Food be detrimental to the survival of the and permitting would change. Our Inspection Agency 2002, unpaginated). species. ability to predict how these changes Consequently, there is great concern Between the time the wood bison was would affect the status of the species is from the Canadian cattle industry, first listed in CITES in 1975 and 2009, limited; consequently we can only which is currently recognized as 169 CITES-permitted shipments have reliably project for a short time into the disease-free, that disease will spread been reported to the United Nations future. from the wood bison to domestic cattle Environment Programme–World Because harvest rates of free-ranging (GNT 2009, p. 13). The goal of the Conservation Monitoring Center wood bison are based on sustainability, CFIA’s National Bovine Tuberculosis/ (UNEP–WCMC). Of these, 132 harvest is closely monitored and Brucellosis Eradication Program is to shipments have occurred since 1997, regulated, scientific collecting is tightly detect and eradicate tuberculosis and when the wood bison was downlisted to controlled, commercial harvest does not brucellosis in farmed animals in Canada Appendix II. Of these 132 shipments, 49 occur in wild populations, and import in order to protect the health of food- (37 percent) were reportedly imported and export are controlled via CITES producing and companion animals, into the United States and six (four permits, we have determined that safeguard human health, and safeguard percent) were shipments permitted for overutilization for commercial, the health of free-roaming wildlife. export from the United States (UNEP– recreational, scientific, or educational Canada recognizes an obligation to WCMC 2010, unpaginated). With the purposes is not a threat to wood bison detect, identify, report, and contain information given in the UNEP–WCMC now or in the foreseeable future. important diseases in wildlife, database, of the 132 shipments recorded especially those with the potential to between 1997 and 2009, approximately C. Disease or Predation impact biodiversity, human and 17 shipments consisted of live wood Disease livestock health, the environment, and bison: 13 shipments (165 individuals) of the economy within and beyond their captive-born/captive-bred wood bison A decision in the early 1920s led to borders. were traded for commercial, zoological, the transfer of 6,673 plains bison into The wood bison in and around WBNP or captive-breeding purposes; two WBNP, Alberta, Canada, where are a reservoir for bovine brucellosis shipments of ranched wood bison (13 approximately 1,500 disease-free wood and bovine tuberculosis. Because there individuals) were traded for commercial bison resided (FEAP 1990, p. 6; Gates et is a risk that these diseases could spread purposes; and two shipments of wild al. 1992, pp. 146–147). Although to uninfected free-ranging bison herds wood bison (18 individuals) were traded initially separated by fairly large or to commercial cattle and bison for commercial and captive-breeding distances, the plains bison eventually operations, limits are placed on herd purposes. There has been no trade in co-occurred and interbred with the expansion to minimize the chance that live, wild wood bison reported since wood bison and also transmitted bovine the diseased animals come into contact 2002. The other 115 shipments since tuberculosis and brucellosis to them with either free-ranging, disease-free 1997 involved trade in parts and (FEAP 1990, p. 6; Gates et al. 1992, pp. herds, or domestic cattle or bison products (15 trophies, 1,628 kg (3,589 146–147). By the late 1940s and early operations. In addition, the diseased lb) of meat, 9 carvings, 8 skulls and 1950s, the population of wood bison in herds occupy suitable habitat that could horns, 304 teeth, 17 skins, 629 scientific WBNP increased to between 12,500 and be used for the establishment of disease- specimens, and 6 garments, leather 15,000 animals (Fuller, 1950, p. 450). free herds of wood bison. Therefore, the products, and hair) of wild, captive- From that level, wood bison numbers existence of diseased bison herds in and

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around WBNP compromises further herds within WBNP (Gates et al. 2001, populations, and eliminating diseases in recovery of wood bison in northern p. 38). infected populations (Gates et al. 2001, Alberta, the Northwest Territories, and Control areas and buffer zones p. 30). The focus on disease prevention British Columbia (Gates et al. 2001, p. between diseased and non-diseased and control is consistent with the 29). The total area compromised by populations may not prevent disease recovery goals of increasing the number diseased herds is approximately 218,516 transmission (Canadian Food Inspection of disease-free populations. Parks km2 (84,369 mi2) or about 12 percent of Agency 2002, unpaginated) because Canada, through Elk Island National the original range of the wood bison in they are sporadically patrolled and Park, has worked with the recovery Canada (Gates et al. 2001, p. 24). As imperfectly enforced. As discussed team and others to develop and mentioned earlier there are no effective earlier, fences are an ineffective method maintain a disease-free captive-breeding vaccines for the treatment of animals in to contain herds long term, especially herd, which has provided healthy stock free-ranging populations. those in large areas (FEAP 1990, p. 29). for several restoration projects (Gates et The disease-free herds most at risk Consequently, a long-term, more al. 2001, p. 18). from infection from animals at WBNP sustainable solution is needed to Because the northern latitudes are are the Mackenzie, Hay-Zama, and address this problem. experiencing the greatest changes in Nahanni. Regulated harvest is allowed A Federal Environmental Assessment climate, this area may also be at the from the Mackenzie herd, Nahanni herd, Panel (FEAP) was assembled to evaluate greatest risk for the emergence of and the Hay-Zama herds under permit four courses of action to address the diseases and parasites that may threaten systems (as described under Factor B), diseased herds at WBNP. These actions the stability of wildlife populations in part to prevent overlap with the were initially proposed by the Bison (Kutz et al. 2004, pp. 109, 114). diseased herd. In addition, the Disease Task Force: (1) Do nothing; (2) Warming may be of particular concern Governments of the Northwest fence WBNP to contain the diseased for wildlife in northern regions because Territories, Alberta, and British bison and prevent the spread of disease; the life-history patterns of most hosts Columbia have designated management (3) use a combination of strategically and parasites are currently constrained zones to reduce the risk of dispersing placed fences, buffer zones exterior to by climatic conditions (Kutz et al. 2004, animals transmitting disease to disease- the Park from which all bison would be p. 114). Researchers have hypothesized free herds in their provinces. In 1987, eliminated, and institute land-use that climate change will accelerate the Government of the Northwest restrictions on cattle grazing; and (4) pathogen development rates, lead to Territories implemented a program to phased elimination of the diseased herd greater overwinter survival of reduce the risk of contact between and replacement with disease-free wood pathogens, and modify host infected bison in and around WBNP and bison (FEAP 1990, p. 15). After public susceptibility to infection in such a way disease-free bison in the Mackenzie and hearings, and consultation with that the effects of disease will increase Nahanni herds by establishing a Bison technical experts, the panel (Ytrehus et al. 2008, p. 214). Wood Free Management Area (BFMA) (Nishi recommended eradication of the bison are susceptible to many diseases 2002, pp. 5–6). The BFMA (39,000 km2 existing diseased bison population to and parasites (Reynolds et al. 2003, pp. (15,058 mi2) encompasses the area eliminate the risk of transmission of 1030–1032). How climate change may between the Alberta–Northwest disease from bison in and around WBNP affect the number of animals infected, Territories border and southern to domestic cattle, wood bison, and the pathogen virulence, and, shoreline of the Mackenzie River. In humans (FEAP 1990, p. 2). Public consequently, wood bison viability is 1992, the Government of the Northwest response to this recommendation was unknown. Territories established the Nuisance largely negative (Carbyn et al. 1998, p. One potential effect of climate change Bison Control Regulations under the 464). The recommendation was not may be an increase in anthrax outbreaks Northwest Territories Wildlife implemented; consequently, control of because of increased summer air Regulations Act, permitting eligible disease spread currently depends on the temperatures. Between 1962 and 1993, hunters to legally shoot any bison buffer zones. nine anthrax outbreaks were recorded in sighted in the BFMA. All bison within Annual examinations and serological northern Canada, killing at least 1,309 this area are presumed disease carriers. studies of bison harvested from the wood bison (Dragon et al. 1999, p. 209). The objectives of the program are to Mackenzie herd indicate that the herd Additional outbreaks continued to occur detect and remove any bison, and to continues to be disease free (Nishi 2002, through at least 2007 (GNT 2009, p. 13). prevent establishment of herds in the p. 23). Over 220 samples from the Hay- Wood bison appear most susceptible to management area (Nishi 2002, p. 6). No Zama herd were received as a result of outbreaks when they are stressed, bison were observed in the area during the hunts that could be tested for including heat stress and high densities annual aerial surveys in the period disease. All samples tested negative of biting insects (Dragon et al. 1999, p. 1988–2006, but 13 bison were killed in (Government of Canada 2010a, 212; Gates et al. 2010, p. 28). In the mid-1990s (Nishi 2002, pp. 12–13; unpaginated). There is also no evidence addition, if climate change leads to Hartop et al. 2009, p. 41). Aerial of bovine brucellosis and bovine widespread or intense drought, there surveillance occurs annually. tuberculosis in reintroduced herds in could be changes in the quality and In 1995, the Government of Alberta the Yukon Territory, British Columbia, availability of forage that may cause established a 36,000 km2 (13,900 mi2) western Alberta, or Manitoba. Free- animals to concentrate around available bison management area around the Hay- ranging, disease-free herds currently food and water. These factors could Zama herd to protect all bison from include approximately 4,414 wood contribute to stress levels and increase hunting. Within this area, all wood bison (Table 1). Because of their susceptibility to anthrax (Dragon et al. bison are legally protected under distance from WBNP, the Aishihik and 1999, p. 212; Gates et al. 2010, p. 28). Alberta’s Wildlife Act; outside of the Chitek Lake herds are the most secure Although isolated anthrax outbreaks area they are not protected and can be from disease. occur currently, it is possible that hunted. The area outside of the Recovery and conservation efforts for outbreaks may become more frequent, protected management area creates a wood bison emphasize the importance widespread, or affect a greater number large buffer zone between the disease- of preventing the spread of tuberculosis of animals in the future. Thus far, free Hay-Zama herd and the diseased and brucellosis to disease-free anthrax outbreaks have occurred

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sporadically when the necessary factors are present on the landscape, they will recovery strategies and action plans for have come together to affect portions of present an ongoing, low level of threat, covered species. In the SARA, the one herd at a time. Anthrax is not especially to diseased herds. COSEWIC was established as the currently having a population-level The presence of disease in the largest scientific body that identifies and effect, and we do not have enough potential donor population of wood assesses a species’ status; however, the information to predict with confidence bison (WBNP herd) has limited the government makes the final decision on if anthrax will have a population-level number of animals available for whether to list a species. effect on wood bison in the future as a establishing or augmenting herds Species such as wood bison that were result of climate change. throughout the wood bison’s historical designated as threatened or endangered range and has removed otherwise by the COSEWIC before SARA had to be Predation optimal habitat from consideration for reassessed before being included on the Wolf predation can be a significant expansion of wild populations. The official list of wildlife species under limiting factor for diseased populations presence of reportable diseases will SARA. The wood bison is currently of wood bison (Reynolds et al. 1978, p. continue to lead to actions that impact listed as a threatened species under 581; Van Camp 1987, p. 25). Wood conservation, in particular restriction of Schedule 1 of SARA. The National bison were the principle food of two herd expansion and the reintroduction Recovery Plan for wood bison was wolf packs from 1975 to 1977 in the of herds in particular areas. Although published in 2001 (Gates et al. 2001) Slave River lowlands (Van Camp 1987, brucellosis and tuberculosis may limit and is currently under revision. As pp. 29, 32). Of the adult and subadult wood bison population growth and discussed in the Recovery section wood bison that died in 1976–1977, productivity in some herds, they are above, many recovery actions have been wolves killed 31 percent; however, unlikely to cause extirpation of any implemented and more are in progress. hunters killed 39.3 percent (Van Camp population (Bradley and Wilmshurst As discussed under Factor B, SARA 1987, p. 33). Joly and Messier (2004, p. 2005, p. 1204; Gates et al. 2010, p. 60), requires permits for all scientific 1173) found that productivity of the but when combined with predation herd collection of listed species. diseased WBNP herd was insufficient to size can be limited. Anthrax outbreaks The SARA covers all species on offset losses to both predation and occur sporadically when critical factors Federal lands such as national parks, disease, but that in the absence of either come together. Climate change could national wildlife areas, Prairie Farm factor, positive population growth was affect the frequency of outbreaks if Rehabilitation Administration pastures, possible. Presence of disease likely increased temperatures or drought aboriginal reserve lands, and military increased the killing success of wolves caused increased levels of stress in the training areas. It prohibits the killing, through bison debilitation (Joly and animals, especially during the rut. harming, harassing, or taking of Messier 2004, p. 1174). Wood bison Because disease constrains and inhibits extirpated, endangered, or threatened evolved with wolves and we have no full recovery of the species, until a species, and the destruction of their data showing that predation by wolves solution for the diseased animals at residences (e.g., nest or den) on Federal is limiting the recovery of any of the WBNP is found, or effective vaccines are lands, except where permitted under a disease-free herds or would cause the discovered and utilized, disease will national recovery strategy (GNT 2009, p. extirpation of a herd (ADF&G 2007, p. continue to be a threat to wood bison 15). Because the recovery strategy 98). now and in the foreseeable future. includes managing herd size for the health of the habitat and herds (Gates et Summary of Factor C D. The Inadequacy of Existing al. 2001, pp. 35–39), bison hunting is The presence of disease and diseased Regulatory Mechanisms allowed under a quota system in the herds is recognized as a factor limiting The first protective legislation for Nahanni, Mackenzie, and Aishihik recovery (Mitchell and Gates 2002, p. wood bison, making it illegal for anyone herds (described under Factor B). The 12). The effectiveness of current to molest the species, was passed by the Northwest Territories Big Game Hunting management actions such as Canadian Government in 1877, but not Regulations consider bison in the Slave maintaining spatial separation between until the law was enforced beginning in River Lowlands to be hybrids, which diseased and disease-free herds by 1897 did the population increase (Soper General Hunting License holders may limiting herd size is yet to be 1941, pp. 362–363; Gates et al. 2001, p. hunt without limit or closed season. In determined over long timeframes. 12). the Yukon, the Aishihik herd size is Research is continuing on creation of As previously mentioned, the wood managed through hunting. In Alberta, disease-free herds. No effective vaccines bison was recognized by the COSEWIC Hay-Zama herd size is managed by exist for brucellosis, tuberculosis, or as an endangered subspecies of hunting to reduce the likelihood that the anthrax for free-ranging populations. In Canadian wildlife in 1978. It was herd will come into contact with addition, although recommendations for reclassified to threatened in June 1988, animals from WBNP (GNT 2009, p. 15). the management of the diseased herds based on a status report prepared by the Habitat protection within the range of in and around WBNP have been National Wood Bison Recovery Team. the Mackenzie bison herd is facilitated suggested (FEAP 1990, p. 2) they have The Species at Risk Act (SARA), through the SARA and the Mackenzie not yet been implemented, it is enacted on December 12, 2002, became Valley Resource Management Act of unknown if they will be implemented, fully effective on June 1, 2004, and is 1998. Although the Mackenzie Valley or how implementation of the the Canadian counterpart to the U.S. Resource Management Act does not recommendations would affect the Endangered Species Act. The purpose of specifically provide protection to wood status of the subspecies. SARA is to prevent listed wildlife bison, it did create a Land and Water Predation by wolves is a natural threat species from becoming extinct or lost Board (LWB), which is given the power that will persist indefinitely into the from the wild (extirpated); to help in the to regulate the use of land and water, future. Although diseased herds may be recovery of extirpated, endangered, or including the issuance of land use more susceptible to predation, healthy threatened species; and to ensure that permits and water licenses. The LWB’s herds, which now represent species of special concern do not Environmental Impact Review Board is approximately half of the free-ranging become endangered or threatened. the main instrument in the Mackenzie wood bison, are not. As long as wolves SARA also requires the development of Valley for the examination of the

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environmental impact of proposed biological communities. Renewable and perpetuation of important genetic developments. The LWB’s Land Use harvest activities can be regulated or resources. Research and educational Planning Board is given the power to prohibited, and is enforced through this functions are the primary uses for develop land use plans and to ensure legislation (Canada National Parks Act, ecological reserves, but are open to the that future use of lands is carried out in 2000). National parks are protected by public for non-consumptive, conformity with those plans. Federal legislation from all forms of observational uses. Plans are developed As described below, several wood extractive resource use such as mining, by the Ministry of Environment to bison herds occur wholly or partially in forestry, agriculture, and sport hunting. provide protection and management to National Parks, ecological reserves, or Only activities consistent with the ensure long-term maintenance. Resource Provincial Parks (Table 2). In 1922, protection of park resources are use, such as tree cutting, hunting, WBNP was established in Alberta and allowed. Efforts are directed at fishing, mining, domestic grazing, the Northwest Territories for the maintaining the physical environment camping, lighting of fires and removal of protection of wood bison. Habitat in as natural a state as possible. Sport materials, plants or animals, and the use protection of 44,807 km2 (17,300 mi2) hunting is prohibited; however, of motorized vehicles are prohibited within WBNP occurs through the traditional subsistence-level harvesting (British Columbia 2010, unpaginated). Canada National Parks Act, the purpose by First Nations is allowed in some Although there are numerous parks of which is to maintain or restore the areas as long as the resources are and ecological reserves throughout the ecological integrity of parks, through the conserved (The Canadian Encyclopedia range of the wood bison, these areas do protection of natural resources and 2010a, unpaginated). not necessarily encompass all of the natural processes. With respect to a Ecological reserves are established in individuals of a herd. Individuals park, ecological integrity means a part for the protection of rare and frequently move into and out of these condition characteristic of its natural endangered plants and animals in their areas; therefore, wood bison herds are region, including abiotic (nonliving) natural habitat; preservation of unique, only afforded protection while within components and the composition and rare, or outstanding botanical, the boundaries of the park or ecological abundance of native species and zoological, or geological phenomena; reserve.

TABLE 2—FREE-RANGING WOOD BISON HERDS AND LAND MANAGEMENT UNITS THAT PROVIDE PROTECTION TO THEM

Herd category and name Canadian province Protected area

Free-ranging, disease- free herds: Mackenzie ...... Northwest Territories .. Mackenzie Bison Sanctuary. Aishihik ...... Yukon ...... None identified, but occupied habitat is government-owned. Hay-Zama ...... Alberta ...... Wildlife Management Area. Nordquist ...... British Columbia ...... Portage Brule Rapids Ecological Reserve, Smith River Ecological Reserve, Smith River Etthithun British Columbia Falls—Fort Halkett Park, Liard River Corridor Park, Liard River Hotsprings Park, Liard Nahanni British Columbia, River West Corridor Park, Liard River Corridor Protected Area, Hyland River Park, Muncho Chitek Lake Northwest Territories Lake Park, and Milligan Hills Park. Manitoba Chitek Lake Reserve. Free-ranging, diseased herds: Wood Buffalo Na- Alberta, Northwest Ter- Wood Buffalo National Park. tional Park. ritories.

The Federal Environmental Canadian Environmental Assessment or in part (Canadian Environmental Assessment and Review Process (EARP) Act if the Federal Government holds Assessment Act (20)(b) and (37)(b)). was introduced in Canada in 1973. In some decisionmaking authority The wood bison is listed on Appendix 1995, the Canadian Environmental concerning the proposed development II of CITES. CITES, an international Assessment Act replaced EARP and or the acceptability of its impacts. This treaty among 175 nations, including strengthened the Environmental Impact legislation ensures that any projects Canada and the United States, became Assessment (EIA). The Canadian conducted on Federal lands, including effective in 1975. In the United States, Environmental Assessment Act outlines National Parks, are carefully reviewed CITES is implemented through the U.S. responsibilities and procedures for the before Federal authorities take action so Endangered Species Act. The Secretary EIA of projects for which the Federal that projects do not cause significant of the Interior has delegated the Government holds decisionmaking adverse environmental effects, Department of the Interior’s authority. The purposes of EIAs are to including areas surrounding the project. responsibility for CITES to the Director minimize or avoid adverse of the Service and established the CITES It encourages Federal authorities to take environmental effects before they occur Scientific and Management Authorities actions that promote sustainable and incorporate environmental factors to implement the treaty. into decisionmaking. All projects in development (Canadian Environmental CITES provides varying degrees of National Parks must have an EIA. An Assessment Agency 2010, unpaginated). protection to more than 32,000 species EIA is also required under the law of the If a project is likely to cause significant of animals and plants that are traded as provinces and territories. Municipalities adverse environmental effects that whole specimens, parts, or products. and corporations are subject to the EIA cannot be justified in the circumstances, Under this treaty, member countries requirements of their respective even after taking into account work together to ensure that provincial, territorial, or land claim appropriate mitigation measures the international trade in animal and plant jurisdictions, and are also subject to the project shall not be carried out in whole species is not detrimental to the survival

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of wild populations by regulating the importation of any wildlife into the Canadian border, control of disease import, export, and reexport of CITES- Northwest Territories without a permit. within Canada is more challenging. As listed animal and plant species (USFWS This prohibits uncontrolled importation explained above (Factor C), there is a 2010, unpaginated). Under CITES, a of plains bison. In May 1964, wood program to detect and eradicate species is listed on an Appendix and bison were declared in danger of tuberculosis and brucellosis in farmed receives varying levels of regulation in becoming extinct under the Northwest animals in Canada in order to protect international trade through permit and Territories Act and are now designated the health of food-producing and certification requirements depending as a protected species in the Northwest companion animals, safeguard human upon the particular Appendix in which Territories. As such, sport hunting and health, and safeguard the health of free- the species is listed (CITES 2010b, subsistence hunting by aboriginal roaming wildlife. In addition, buffer unpaginated). CITES Appendix-II people may occur, but is regulated. zones in which dispersing animals may species are not necessarily considered to Wood bison are on British Columbia’s be harvested have been created around be threatened with extinction now but Red List of species and subspecies that the diseased herds to reduce the risk of may become so unless trade in the are candidates for legal designation as bovine tuberculosis and brucellosis species is regulated. Appendix II allows endangered or threatened under the infection of the Mackenzie and Nahanni for regulated trade, including Wildlife Act (Harper 2002, p. 3). Wood herds, which are most at risk from commercial trade, as long as the bison are an endangered species under infection from animals at WBNP. In exporting country issues a CITES permit the Yukon Act and a ‘‘specially addition, the Governments of the based on findings that the specimen was protected species’’ under the Wildlife Northwest Territories, Alberta, and legally acquired and the export will not Act (Yukon legislation) and are listed as British Columbia have designated be detrimental to the survival of the protected under Manitoba’s Wildlife management zones to reduce the risk of species. As discussed under Factor B, Act. Bison are considered domestic dispersing animals transmitting disease we do not consider international trade when held in captivity under permit or to disease-free herds in their provinces. to be a threat impacting the wood bison. license for game farming purposes. If a However, as noted above, buffer zones Therefore, protection under this treaty is wood bison escapes captivity, the are not ideal for preventing the spread an adequate regulatory mechanism. provincial or territorial government of disease because they are sporadically Provincial and territorial governments acquires ownership of the animal and it, patrolled and imperfectly enforced. within Canada can use the Wild Animal therefore, becomes protected (Harper Existing regulations and policies and Plant Protection and Regulation of and Gates 2000, p. 919). address the transmission of disease International and Interprovincial Trade In the United States, as an endangered within Canada, but it is impossible to Act (WAPPRIITA) to control transport of species under the Act, pure wood bison regulate the movement of wild animals wood bison across their borders. This can be imported only by permit for across a large, mostly uninhabited law applies to wood bison because it is scientific research or enhancement of landscape. Thus, we conclude that on the CITES control list. The propagation or survival of the species. regulatory mechanisms are in place to WAPPRIITA prohibits the import, Wood/plains bison hybrids, however, minimize the spread of disease but export, and interprovincial are not protected by the Act and can be because of the difficulty in containing transportation of CITES-listed species or imported if the required CITES Foreign herds of wild animals, the mechanisms any Canadian species whose capture, Export Permits are obtained from are inadequate to prevent the spread of possession, and transportation are Canada prior to the import. If the wood disease. regulated by provincial or territorial bison is reclassified to threatened, Under Factor E, we conclude that loss laws, unless the specimens are import of trophies legally taken and of genetic integrity through accompanied by the appropriate properly permitted under the Act could hybridization is a threat to wood bison. documents (licenses, permits). In all also occur. Because of the regulations in Preventing hybridization between plains cases, the WAPPRIITA applies to the place in Canada for all hunts and the bison and free-roaming wood bison is a animal, alive or dead, as well as to its permits required for import/export goal of the recovery plan and is parts and any derived products under CITES, we do not anticipate that important to the conservation of the (Environment Canada 2010, p. 1). reclassification would cause any subspecies (Gates et al. 2001, p. 33). In addition to national-level increase in the number of animals killed There is one free-ranging plains bison legislation that provides protection to or have any effect on the herds that are herd in Canada, in British Columbia, wood bison, there is also protection at hunted. which was established as a result of the the provincial level. Alberta, the In addition to the protection of CITES plains bison escaping from their Northwest Territories, British Columbia, and the Endangered Species Act, the enclosure. Preventing interbreeding Manitoba, and the Yukon Territory import of live wood bison and trophies between free-ranging plains bison and classify wood bison as wildlife, which is also regulated by the U.S. Department wood bison is a management objective is the property of the provincial or of Agriculture (USDA), Animal and in British Columbia and is territorial government. In 1995, the Plant Health Inspection Service accomplished by maintaining a large Government of Alberta established a (APHIS), Veterinary Services for health physical separation between the herds Wildlife Management Area to protect purposes (APHIS 2007, entire). and having a management zone around the Hay-Zama herd and listed the wood Imported wood bison must be the plains bison herd that allows harvest bison as endangered within the accompanied by a health certificate that of plains bison within this zone (Harper protected area under the Alberta certifies, among other things, that the et al. 2000, p. 23). Wildlife Act (Gates et al. 2010, p. 71). animal is free of any evidence of As discussed earlier under Factor A, In this area, all wood bison are legally communicable disease, was not in plains bison presence on the landscape protected from hunting; outside of the quarantine in Canada, is from a is increasing and commercial plains area they are not protected. brucellosis-free province or territory, bison operations in Canada are The Northwest Territories Wildlife and has continuously resided in a expanding. The presence of plains bison Act enables the Minister of the tuberculosis accredited-free province. within the historical range of wood Department of Resources, Wildlife, and Although there is tight control over bison increases the probability that Economic Development to prohibit the the transmission of disease across the wood bison will come into contact with

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them. Ranchers are most likely highly Collisions with vehicles are the largest diseased herds reside. Most likely a motivated by economics to prevent the source of known mortality for small number of animals drown each escape of their animals and to recapture individuals in the Hay-Zama herd year when caught by floods or when them if they do escape. It is unlikely (Mitchell and Gates 2002, p. 9). For the they break through ice (Soper 1941, p. that additional government regulations Nordquist herd, vehicle collisions are a 403). Large drowning events have not would improve on this basic incentive; significant mortality factor (Wildlife been documented from other rivers, and therefore, although there may not be Collision Prevention Program. 2010, pp. no large mortality events have been specific regulations regarding how 22–23). The herd was established in the documented in recent years. Drowning plains bison should be contained, such Nordquist Flats area, near the Liard is also recognized as a cause of mortality regulations are not viewed as necessary River in northeastern British Columbia; in the Chitek Lake herd. Because or effectual. As mentioned above, buffer however, individuals, and then the mortality due to drowning typically zones are not ideal for preventing the majority of the herd, moved to the affects only a portion of a herd and herd movement of free-ranging bison. Thus, Alaska Highway corridor. In January sizes are increasing (Table 1), drowning although regulations are in place by 2007, a limited aerial survey counted 97 does not appear to be having a which the Pink Mountain plains bison wood bison, all of which were on the population-level effect on wood bison. herd (a free-ranging herd) can be highway right-of-way, except for four Although wood bison are hardy and managed, and there is no indication that bulls, which were observed within 500 very cold tolerant (Gates et al. 2010, p. they have not been effective, they may m (1,640 ft) of the road (Reynolds et al. 24), above-average snowfall, long not be 100 percent effective in 2009, p. 6). Three of 15 wood bison periods of sub-zero temperatures, and preventing hybridization in the future introduced to the Etthithun Lake area in midwinter thaws followed by freezing because of the difficulty of managing 1996 were killed in collisions with can cause mortality. Such severe winter wild animals over large areas of forested industrial road traffic during the first conditions reduce forage availability landscape. winter (Harper and Gates 2000, p. 921). (Reynolds et al. 2003, p. 1030). Rain on The Yukon government has a ‘‘bison- snow events can also form an ice layer Summary of Factor D free’’ policy in the vicinity of the Alaska that creates a barrier to forage for The wood bison is currently protected Highway that includes deterrence, herbivores (Putkonen 2009, p. 221). through a variety of regulatory capture, and ultimately the destruction Freezing rain in autumn that causes mechanisms, and we anticipate those of problem animals (Yukon Fish and ground-fast ice to form before snow protections to continue. The wood bison Wildlife Co-management undated, p. 1). cover accumulates, ice layering in the is protected by Canadian Federal, During the growth phase of the Aishihik snow cover, crusting of the snow, and provincial, and territorial law. herd from 1988 to 1993, 49 wood bison the formation of ground-fast ice in Internationally, its trade is regulated by were removed from the Alaska Highway spring increase the energy required to CITES. International trade is limited to right-of-way because of vehicle obtain forage or make forage animals surplus to recovery needs in collisions and problem wildlife unobtainable (Gunn and Dragon 2002, p. Canada, as determined under guidance complaints (Boyd 2003, p. 187). Of 58). Soper (1941, pp. 403–404) recounts of the National Wood Bison Recovery these, 36 were captured and moved to several stories in which excessive Team. In the United States, activities a game farm, 8 were killed in collisions, snowfall caused mass mortalities of involving wood bison are regulated by and 5 were intentionally killed (Wildlife wood bison, and Van Camp and Calef the Endangered Species Act, and with Collision Prevention Program 2010, (1987, p. 23) report that 33 percent of reclassification, they will continue to be unpaginated). From 1989 to 2007, the diseased wood bison herd in the regulated. Federal agencies will need to collisions with vehicles killed from 1 to Slave River lowlands was lost during consult with the Service on activities 30 wood bison annually from three the severe winter of 1974–1975. that may affect the species, and Federal herds combined in the Northwest Starvation in bad winters is recognized permits will be required for scientific Territories; fewer than 10 were killed as a source of mortality for wood bison collection or any other form of take. annually in 11 of the 18 years (GNT in the Chitek Lake herd. We have no Disease and hybridization have been 2009, p. 17; Wildlife Collision information indicating that starvation is identified as threats to wood bison. Prevention Program 2010, unpaginated). having a population-level effect on any Although buffer zones have been Because of continued or increased of the herds currently. established and regulations resource development, tourism, and off- Rain on snow events may likely implemented for the management of the road vehicle use, it is anticipated that increase in the face of climate change buffer zones to minimize the potential mortality from collisions with vehicles (Rennert et al. 2009, p. 2312). A of disease spread and hybridization, will be a source of individual mortality doubling of carbon dioxide is estimated buffer zones have limitations and are an for several populations. Because to cause a 40 percent increase in the imperfect means by which to prevent mortality from road collisions area impacted by rain on snow events in animal movement. Therefore, we represents a small portion of the total the Arctic by 2080 (Rennert et al. 2009, subspecies population, and efforts are conclude that existing regulatory p. 2312). Rain on snow events may made to reduce bison/highway conflicts, mechanisms are inadequate to become more prevalent primarily in this source of mortality is not expected completely protect wood bison from northwestern Canada, Alaska, and to have a significant impact at the these threats. eastern Russia (Rennert et al. 2009, p. subspecies population level. 2312). We have no reports that rain on E. Other Natural or Manmade Factors Spring flooding in the Peace- snow events have led to the deaths of Affecting its Continued Existence Athabasca River Delta in 1958, 1961, bison, but they could be susceptible to and 1974 killed approximately 500, starvation by such events. Accidental Mortality 1,100, and 3,000 wood bison, Because bison follow linear respectively (Reynolds et al. 2003, p. Genetic Issues landmarks and prefer open areas, 1029). Autumn flooding in the same Genetic diversity in wood bison has vehicles on roads and other linear area in 1959 killed an estimated 3,000 been reduced through the large historic developments, such as railroad lines, (Reynolds et al. 2003, p. 1029). This reduction in overall population size and present a hazard to wood bison. region is within WBNP where the the starting of new populations with

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very few individuals (founder effect). expanding, and the Pink Mountain may face. Because no effects of Genetic diversity is the primary means plains bison herd was established in inbreeding have been documented and by which organisms can adapt to British Columbia as a result of plains management actions have been shown changing environmental conditions over bison escaping from an enclosure. The to be effective, we conclude that loss of time. Low levels of genetic diversity can commercial plains bison operations and genetic diversity is not a threat to wood reduce the ability of a population to plains bison herds remove potential bison now or in the foreseeable future. respond to environmental changes. habitat for wood bison, and the presence Hybridization with plains bison is a Current wood bison herds were of plains bison within the historical threat that most likely will increase in established from relatively few founders range of wood bison increases the the future. Because of consumer (Wilson and Strobeck 1999, pp. 484– probability that wood bison will come demand for bison meat we expect 486). For example, the Elk Island into contact with them. For these commercial bison production will National Park herd was started from 11 reasons, loss of genetic integrity through continue to expand, removing suitable individuals, and the Mackenzie herd hybridization is a threat to wood bison habitat for wood bison recovery herds, was started from 16 (Gates et al. 1992, and will remain so in the foreseeable and increasing the probability that p. 150; Wilson and Strobeck 1999, p. future. escaped plains bison will be free on the landscape. Hybridization is a threat to 494). Inbreeding, the mating of related Summary of Factor E individuals, can lead to lower fecundity, wood bison now and in the foreseeable abnormalities, reduced growth rates, Accidental mortality typically occurs future. randomly and cannot be predicted. We and other issues. Although inbreeding is Finding more likely to occur in small herds or expect accidents to continue at the same in herds that are isolated, it has not been rate and scale as they have in the past, As required by the Act, we considered documented in wood bison. Starting into the future, but only expect this to the five factors in assessing whether the new populations with multiple groups effect individuals and not be significant wood bison is threatened or endangered of animals is one way to avoid or enough to affect the species as a whole. throughout all or a significant portion of minimize the founder effect as was done Relative to genetic diversity, inbreeding its range. We reviewed the petition, in the establishment of the Aishihik in wood bison has not been information available in our files, herd. Moving disease-free animals from documented, and management actions comments and information received one herd to another is another method are in place to prevent further loss of after the publication of our 90-day genetic diversity. The status of genetic finding (74 FR 5908), and other to maintain genetic diversity. One of the issues relating to hybridization could available published and unpublished wood bison recovery goals is to ensure change relatively rapidly, especially if information, and consulted with that the genetic integrity of wood bison plains bison were to escape from recognized experts. We have carefully is maintained. Because no effects of captivity in close proximity to a wood assessed the best available scientific and inbreeding have been documented and bison herd. Currently, free-ranging commercial data regarding the past, management actions have been shown wood bison and plains bison herds are present, and future threats faced by to be effective, we conclude that loss of widely separated from one another, but wood bison. This status review found genetic diversity is not a threat to wood as herd size grows, the separation that threats to wood bison are still bison now or in the foreseeable future. shrinks, increasing the odds that they present in factors A, C, D, and E. Habitat Hybridization occurs when may come into contact with one loss has occurred from agricultural individuals from genetically distinct another. Furthermore, bison are difficult development, and we expect losses will groups such as wood bison and plains animals to contain, they can travel long continue in concert with human growth bison interbreed. The introduction of distances, and the wood and plains and expansion of agriculture, including plains bison to WBNP in the 1920s put bison can readily interbreed. commercial bison production. The the two distinct subspecies in contact In summary, accidental mortality will presence of bovine brucellosis and with each other and threatened the continue to occur regularly, primarily bovine tuberculosis constrains herd genetic purity of wood bison (Gates et through collisions with vehicles and growth as managers attempt to maintain al. 2010, p. 17). The discovery of an drowning. In addition, climate change physical separation between diseased isolated subpopulation of wood bison in may create localized weather conditions and disease-free wood bison and cattle 1957, and subsequent translocation of such as above-average snowfall, long herds, the diseased herds are occupying individuals, created the Mackenzie and periods of sub-zero temperatures, or habitat that could be restored with Elk Island National Park herds, which ground-fast ice formation that can lead disease-free herds, and disease in the were thought to be pure wood bison. to winter mortality of portions of herds. largest potential donor population Genetic analysis has indicated that these Given the number of herds and their (WBNP herd) prevents those animals bison did have limited contact with wide distribution across the landscape, from being used in reintroduction plains bison, but it was minimal enough we conclude that accidental mortality projects. Plains bison are commercially that the animals exhibit predominantly and starvation are not threats to wood produced in historical wood bison wood bison traits and wood bison herds bison now or in the foreseeable future. habitat. These operations remove originating from these founders are It is recognized that genetic diversity in potential habitat from wood bison genetically more similar to one another wood bison is relatively low, and that recovery efforts and the escape of plains than they are to plains bison (van Zyll the herds must be managed to maintain bison poses a threat to wood bison de Jong et al. 1995, pp. 401–404; Wilson genetic diversity. Loss of genetic because of hybridization and the loss of and Strobeck 1999, p. 493). Although diversity is a factor that may limit the genetic integrity. Finally, we found that recovery actions emphasize maintaining ability of wood bison to adapt to regulatory mechanisms are inadequate the genetic integrity of wood bison (i.e., changing conditions in the future, but to prevent disease transmission within recovery goal number 3) (Gates et al. the magnitude of that limitation, if it Canada, and to prevent hybridization. 2001, p. 33), as discussed earlier under exists, is unknown. Lack of genetic In addition to the five factor analysis, Factor A, plains bison presence on the diversity is potentially limiting over the we also considered the progress towards landscape is increasing. Commercial long term depending on the magnitude meeting the recovery goals outlined in plains bison operations in Canada are of environmental change wood bison the Canadian recovery plan to

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determine if it is appropriate to Endangered and Threatened Wildlife, persistence of the discrete population reclassify the wood bison under the Act. include: segment in an ecological setting that is We took into consideration the (1) The discreteness of a population in unique or unusual for the taxon; (2) conservation actions that have occurred, relation to the remainder of the species evidence that loss of the population are ongoing, and are planned. Since to which it belongs; segment would result in a significant listing, the subspecies’ status has (2) The significance of the population gap in the range of the taxon; (3) improved as a result of the following: segment to the species to which it evidence that the population segment • Enactment and enforcement of belongs; and represents the only surviving natural national and international laws and (3) The population segment’s occurrence of a taxon that may be more treaties have minimized the impacts of conservation status in relation to the abundant elsewhere as an introduced hunting and trade. Act’s standards for listing, delisting, or population outside its historical range; • Reintroduction of disease-free herds reclassification (i.e., is the population and (4) evidence that the discrete has increased the number of free- segment endangered or threatened). population segment differs markedly ranging herds from 1 population of 300 Discreteness from other populations of the species in in 1978 to 7 populations totaling 4,414 its genetic characteristics (61 FR 4721; Under the DPS policy, a population bison in 2008. February 7, 1996). segment of a vertebrate taxon may be • Diseased and disease-free, free- None of the wood bison herds occur considered discrete if it satisfies either in unique or unusual ecological settings; ranging populations are stable or one of the following conditions: increasing. they are either in typical historical (1) It is markedly separated from other habitat or have been established in In sum, the continued reintroduction populations of the same taxon as a habitat that mimics historical habitat of disease-free herds, the ongoing consequence of physical, physiological, (Chitek Lake herd). Wood bison herds development and updating of ecological, or behavioral factors. are currently in a growth phase and are management plans, the active Quantitative measures of genetic or beginning to fill in gaps in what was management of herds, the ongoing morphological discontinuity may once a much more extensive range. research, and the protections provided provide evidence of this separation. There are already significant gaps in its by laws and protected lands provide (2) It is delimited by international distribution compared to the historical compelling evidence that recovery governmental boundaries within which condition, and no one herd is more actions have been successful at reducing differences in control of exploitation, important than another in this regard. In the threats posed to the species. management of habitat, conservation the unlikely event of a herd being The primary factor that led to the status, or regulatory mechanisms exist extirpated, it could be replaced through listing of the wood bison was the small that are significant in light of section management actions that have been number of free-ranging, disease-free 4(a)(1)(D) of the Act. refined and implemented over the last animals on the landscape. However, the Free-ranging wood bison herds do not 20 years. Six of the seven free-ranging, trend today is towards increasing cross international boundaries; no herds disease-free herds are within the numbers of disease-free herds and are discrete based on this criterion. historical range of the species. Only the population sizes. We find that the There is marked geographic separation Chitek Lake population is outside of threats identified under factors A, C, D, of the Aishihik and Chitek Lake herds what is considered the historical range. and E, when combined with the from those centered more closely All of the herds, except the Mackenzie increase in number of herds and around WBNP, and there is no herd, were started with animals from population sizes, ongoing active possibility of gene exchange between Elk Island National Park, and both the management, and protections provided the Aishihik and Chitek Lake herds and Mackenzie and Elk Island National Park by laws, are not of sufficient those near WBNP. Because all extant herds were initiated from animals from imminence, intensity, or magnitude to wood bison herds originated from the WBNP. indicate that the wood bison is same founders, there is no reason to Because of the founder effect (a small presently in danger of extinction and is, maintain genetic distinctness among the number of founders which represented therefore, not endangered. However, herds. One of the recovery goals is to only a portion of the genetic variability threats to wood bison still exist and will ‘‘ensure that the genetic integrity of available) and genetic drift, there are continue into the foreseeable future. wood bison is maintained.’’ Because this currently distinct, but low, genetic Consequently, we have determined that goal can be accomplished through the differences among the herds (Wilson wood bison should be reclassified from movement of relatively few animals and Strobeck 1999, p. 493). Wilson and endangered to threatened. among the herds, it is reasonable to Strobeck (1999, p. 494) note the power We next consider whether a distinct expect that this is a strategy that may be of the founder effect to lead to vertebrate population segment (DPS) employed in the future to maintain genetically distinct populations even exists or whether any significant portion genetic integrity. However, to our when the populations were started at of the wood bison range meets the knowledge this strategy has not been about the same time with animals taken definition of endangered. used; therefore, because of marked from the same locale. The low level of Distinct Vertebrate Population Segment geographical separation, the Aishihik genetic differences among the herds is and Chitek Lake herds are determined to an artifact of management actions and Under the Service’s ‘‘Policy Regarding be discrete. the differences do not represent the Recognition of Distinct Vertebrate significant, unique or special genetic Significance Population Segments Under the traits. Therefore, although the Chitek Endangered Species Act’’ (61 FR 4722, Under our DPS Policy, in addition to and Aishihik herds are discrete, we find February 7, 1996), three elements are our consideration that a population that they are not significant and no considered in the decision concerning segment is discrete, we consider its herds qualify as a DPS. the establishment and classification of a biological and ecological significance to possible DPS. These elements, which the taxon to which it belongs. This Significant Portion of the Range are applied similarly for additions to or consideration may include, but is not Having determined that the wood removal from the Federal List of limited to: (1) Evidence of the bison does not meet the definition of an

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endangered species throughout its Although the diseases affect the These prohibitions, under 50 CFR 17.21 range, we must next consider whether fitness of the herds and cause occasional (17.31 for threatened wildlife species), there is a significant portion of the range mortalities, they will not cause herd make it illegal for any person subject to where the wood bison is in danger of extirpation. We are not aware of any the jurisdiction of the United States to extinction. A portion of a species’ range other threat within this area that would ‘‘take’’ (take includes harass, harm, is significant if it is part of the current act synergistically with disease and pursue, hunt, shoot, wound, kill, trap, range of the species and is important to heighten our level of concern for these capture, collect, or to attempt any of the conservation of the species because herds. Consequently, although we these) within the United States or upon it contributes meaningfully to the recognize that it is desirable to eradicate the high seas, import or export, deliver, representation, resiliency, or these diseases, we conclude that the receive, carry, transport, or ship in redundancy of the species. The threat they present is not of a magnitude interstate or foreign commerce in the contribution must be at a level such that that leads us to delineate the herds in course of a commercial activity, or to its loss would result in a decrease in the and around WBNP as being more in sell or offer for sale in interstate or ability to conserve the species. danger of extinction than the other foreign commerce, any endangered We evaluated the wood bison’s range herds, and, as being a significant portion wildlife species. It also is illegal to in the context of whether any potential of the wood bison range. possess, sell, deliver, carry, transport, or threats are concentrated in a significant In summary, the primary threats to ship any such wildlife that has been portion of the range such that if there the wood bison are relatively uniform taken in violation of the Act. Certain were concentrated impacts, those wood throughout the species’ range. We have exceptions apply to agents of the bison populations might be in danger of determined that none of the existing or Service and State conservation agencies. extinction. potential threats currently place wood We may issue permits to carry out The herds in and around WBNP, bison in danger of extinction throughout otherwise prohibited activities which represent approximately half of all or a significant portion of its range. involving endangered and threatened the free-ranging wood bison, have tested wildlife species under certain Available Conservation Measures positive for bovine brucellosis and/or circumstances. Regulations governing tuberculosis. Approximately 30 percent Conservation measures provided to permits are codified at 50 CFR 17.22 for of the wood bison in this area test species listed as endangered or endangered species, and at § 17.32 for positive for brucellosis, 21 to 49 percent threatened under the Act include threatened species. With regard to test positive for tuberculosis, with a recognition, requirements for Federal endangered wildlife, a permit must be combined prevalence of 42 percent protection, and prohibitions against issued for the following purposes: For (Tessaro et al. 1990, p. 174; Gates et al. certain practices. Recognition through scientific purposes, to enhance the 2010, p. 35). It could be argued that the listing results in public awareness, and propagation or survival of the species, threat of disease to these populations is encourages and results in conservation and for incidental take in connection concentrated. However, as discussed actions by Federal governments, private with otherwise lawful activities. For above, these diseases are chronic and agencies and groups, and individuals. threatened species, a permit may be cause slow debilitation, not acute Section 7(a) of the Act, as amended, issued for the same activities, as well as mortality of large numbers of animals at and as implemented by regulations at 50 zoological exhibition, education, and one time. The population at WBNP has CFR part 402, requires Federal agencies special purposes consistent with the persisted with these diseases since the to evaluate their actions within the Act. 1920s, and population numbers have United States or on the high seas with Effects of This Proposed Rule been stable at 4,000 to 5,000 since 2002 respect to any species that is proposed (Table 1). or listed as endangered or threatened, If made final, this rule would revise Research into solutions on how to and with respect to its critical habitat, 50 CFR 17.11(h) to reclassify the wood manage the diseased herds in and if any is being designated. However, bison from endangered to threatened. around WBNP continues. In 2005, a given that there are no wild populations The prohibitions and conservation technical workshop was convened to of wood bison in the United States, measures provided by the Act, determine in part if it was technically critical habitat is not being designated particularly through sections 4(d) and 9 possible to remove disease from the for this species under section 4 of the would still apply to this species. wood bison herds in and around WBNP Act. Because there are no wild populations (Shury et al. 2006). Technical success Section 8(a) of the Act authorizes of wood bison in the United States, no was defined as reestablishing a disease- limited financial assistance for the critical habitat was designated, and free bison population at a similar level development and management of consequently none will be affected. We to the current population without any programs that the Secretary of the are also correcting the 1980 listing to loss in genetic diversity. The team Interior determines to be necessary or include Alaska in the historical range determined that: useful for the conservation of based on the best available scientific 1. Eradication of bovine tuberculosis endangered and threatened species in information (Skinner and Kaisen 1947, and brucellosis through lethal removal foreign countries. Sections 8(b) and 8(c) p. 158; Stephenson et al. 2001, p. 140; and reintroduction is technically of the Act authorize the Secretary to Rasic and Matheus 2007, p. 385). In feasible, and under controlled encourage conservation programs for addition, because the 1980 CFR conditions there would be a very high foreign endangered species and to indicated that the listed entity for wood probability of eradicating both diseases. provide assistance for such programs in bison was a DPS, we are correcting that 2. The eradication of these diseases the form of personnel and the training mistake. Despite the 1980 designation, it would be a long-term project, taking 15– of personnel. is clear that the wood bison is listed at 20 years. The Act and its implementing the subspecies level. The CFR through 3. The cost was estimated to be regulations set forth a series of general 1980 indicated the Service’s intent of between 62 and 78 million dollars over prohibitions and exceptions that apply the original listing; because we have 20 years with the greatest costs being to all endangered and threatened conducted no rulemaking since that incurred during the first 4 years (Shury wildlife. As such, these prohibitions time, we are making the correction here et al. 2005, pp. 1–2). would be applicable to the wood bison. to change the scope of the listed entity.

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The entire ‘‘population’’ of wood bison Assessment or Environmental Impact recordkeeping requirements, in Canada is the full extent of the Statement, as defined under the Transportation. subspecies’ current range and no authority of the National Environmental individuals occur in the wild outside Policy Act of 1969 (42 U.S.C. 4321 et Proposed Regulation Promulgation this population. seq.), in connection with regulations We propose to amend part 17, Peer Review adopted pursuant to section 4(a) of the subchapter B of chapter I, title 50 of the Endangered Species Act. We published Code of Federal Regulations, as set forth Under our peer review policy (59 FR a notice outlining our reasons for this below: 34270; July 1, 1994), we will solicit the determination in the Federal Register expert opinions of three appropriate and on October 25, 1983 (48 FR 49244). independent specialists regarding Part 17—[AMENDED] pertinent scientific or commercial data References Cited and assumptions relating to the 1. The authority citation for part 17 taxonomy, population models, and A complete list of the references cited continues to read as follows: supportive biological and ecological may be obtained from the Alaska Authority: 16 U.S.C. 1361–1407; 16 U.S.C. information on this proposed rule. The Regional Office (see FOR FURTHER 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– purpose of such review is to ensure that INFORMATION CONTACT). 625, 100 Stat. 3500; unless otherwise noted. we base listing decisions on Author scientifically sound data, assumptions, 2. Amend § 17.11(h) by revising the and analysis. To that end, we will send The primary author of this rule is entry ’’Bison, wood’’ under MAMMALS copies of this proposed rule to these Marilyn Myers, Ph.D., Ecological in the List of Endangered and peer reviewers immediately following Services, Alaska Regional Office, 1011 Threatened Wildlife to read as follows: publication in the Federal Register. E. Tudor Road, Anchorage, Alaska, § 17.11 Endangered and threatened 99503, (907) 786–3559. Required Determinations wildlife. National Environmental Policy Act List of Subjects in 50 CFR Part 17 * * * * * We have determined that we do not Endangered and threatened species, (h) * * * need to prepare an Environmental Exports, Imports, Reporting and

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

MAMMALS ......

******* Bison, wood ...... Bison bison Canada, Alaska ...... Entire ...... T 3 NA NA athabascae......

*******

Dated: January 28, 2011. SUMMARY: We, NMFS, are extending the by RIN 0648–XZ59, by any one of the Larry Williams, date by which public comments are due following methods: Acting Director, Fish and Wildlife Service. concerning the proposed rule to list the • Electronic Submissions: Submit all [FR Doc. 2011–2529 Filed 2–7–11; 8:45 am] Arctic (Phoca hispida hispida), Okhotsk electronic public comments via the Federal eRulemaking Portal http:// BILLING CODE 4310–55–P (Phoca hispida ochotensis), Baltic (Phoca hispida botnica), and Ladoga www.regulations.gov. (Phoca hispida ladogensis) subspecies • Mail: P.O. Box 21668, Juneau, AK DEPARTMENT OF COMMERCE of the ringed seal as threatened under 99802. • Fax: (907) 586–7557. the Endangered Species Act of 1973, as • National Oceanic and Atmospheric amended (ESA). On December 10, 2010, Hand delivery to the Federal Administration we published a proposed rule to list Building: 709 West 9th Street, Room these subspecies as threatened. As part 420A, Juneau, AK. 50 CFR Part 223 of that proposal, we announced a public All comments received are a part of the public record. No comments will be RIN 0648–XZ59 comment period to end on February 8, 2011. Today we extend the public posted to http://www.regulations.gov for comment period to March 25, 2011. public viewing until after the comment Endangered and Threatened Species; period has closed. Comments will Extension of Public Comment Period DATES: The deadline for receipt of generally be posted without change. All on Proposed Threatened Status for comments on the proposed rule Personal Identifying Information (for Subspecies of the Ringed Seal published on December 10, 2010 (75 FR example, name, address, etc.) 77476), is extended from February 8, AGENCY: National Marine Fisheries voluntarily submitted by the commenter 2011, to March 25, 2011. Service (NMFS), National Oceanic and may be publicly accessible. Do not Atmospheric Administration (NOAA), ADDRESSES: Send comments to Kaja submit Confidential Business Commerce. Brix, Assistant Regional Administrator, Information or otherwise sensitive or Protected Resources Division, Alaska ACTION: Proposed rule; extension of protected information. Region, NMFS, Attn: Ellen Sebastian. We will accept anonymous comments public comment period. You may submit comments, identified (enter N/A in the required fields, if you

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