Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26191

[Revise the title of 4.0 as follows:] www.regulations.gov under Docket No. compelling evidence that recovery FWS–R9–IA–2008–0123 and at http:// actions have been successful in 4.0 Standards for Intelligent Mail and .fws.gov/fisheries/endangered/ reducing the risk of extinction POSTNET Barcodes index.htm. Comments and materials associated with the threats identified. 4.1 General received, as well as supporting Therefore, we are reclassifying the wood [Revise the text of 4.1 as follows:] documentation used in the preparation from endangered to threatened. Intelligent Mail barcodes and of this rule, will be available for public The majority of comments we POSTNET (Postal Numeric Encoding inspection, by appointment, during received support this action. The Technique) barcodes are USPS- normal business hours at: U.S. Fish and majority of comments (13 of 19) developed methods to encode ZIP Code Wildlife Service, Alaska Regional supported downlisting. A subset of information on mail that can be read for Office, 1011 East Tudor Road, these comments (7 of the 13) asserted sorting by automated machines. Anchorage, AK 99503; 907–786–3856. that the Service should delist the Intelligent Mail barcodes also encode FOR FURTHER INFORMATION CONTACT: species immediately. Three comments other tracking information. POSTNET Marilyn Myers at U.S. Fish and Wildlife stated that wood bison should remain barcodes do not qualify for automation Service, Fisheries and Ecological listed as endangered. The peer review pricing. Services, 1011 E. Tudor Road, comments provided very specific corrections to details about two of the * * * * * Anchorage, AK 99503; or telephone at We will publish an appropriate 907–786–3559; or facsimile at 907–786– wood bison herds in , and we amendment to 39 CFR Part 111 to reflect 3848. If you use a telecommunications have updated our information in this these changes. device for the deaf (TDD), please call the rule accordingly, but these changes do Federal Information Relay Service not alter our finding. Stanley F. Mires, (FIRS) at 800–877–8339. Background Attorney, Legal Policy & Legislative Advice. SUPPLEMENTARY INFORMATION: [FR Doc. 2012–10505 Filed 5–2–12; 8:45 am] Previous Federal Actions Executive Summary BILLING CODE 7710–12–P The listing history for wood bison is Why we need to publish a rule. We extensive and was described in the listed the wood bison as endangered in proposed rule published on February 8, DEPARTMENT OF THE INTERIOR 1970. Since listing, the status of wood 2011 (76 FR 6734). Please refer to that bison has improved because enactment proposed rule for the complete listing Fish and Wildlife Service and enforcement of national and history. Here we present only the most international laws and treaties have pertinent facts. 50 CFR Part 17 minimized the impacts of hunting and The wood bison became listed in the [Docket No. FWS–R9–IA–2008–0123; trade, and reintroduction of disease-free United States under the 1969 FXES111309F2120D2–123–FF09E22000] herds has increased the number of free- Endangered Species Conservation Act ranging herds in Canada from 1 when it was included on the first List RIN 1018–AI83 population of 300 in 1978, to 7 of Endangered Foreign Fish and Endangered and Threatened Wildlife populations totaling 4,414 bison in Wildlife, which was published in the and Plants; Reclassifying the Wood 2008. These free-ranging populations Federal Register on June 2, 1970 (35 FR Bison Under the Endangered Species are stable or increasing. Therefore, we 8491). In 1974, the first list of federally Act as Threatened Throughout Its have determined that the wood bison no protected species under the 1973 Range longer meets the definition of Endangered Species Act (Act; 16 U.S.C. endangered under the Endangered 1531 et seq.) appeared in the Code of AGENCY: Fish and Wildlife Service, Species Act. Federal Regulations (CFR), and the Interior. This rule changes the listing of the wood bison appeared on this list based ACTION: Final rule. wood bison from endangered to on its inclusion on the original 1969 list. threatened. Because the wood bison was listed SUMMARY: We, the U.S. Fish and Basis for our action. While we have under the 1969 Endangered Species Wildlife Service (Service), are determined that the wood bison no Conservation Act and grandfathered in reclassifying the wood bison (Bison longer meets the definition of for protection under the Act, there is not bison athabascae) from endangered to endangered under the Endangered a separate Federal Register notice that threatened. This action is based on a Species Act, some threats to wood bison defined the population(s) and their review of the best available scientific remain. Habitat loss has occurred in range or analyzed threats to the species. and commercial data, which indicate Canada from agricultural development, The wood bison was classified as that the primary threat that led to and we expect losses will continue in endangered and has retained that population decline, unregulated concert with human growth and designation since the original listing. hunting, is no longer a threat and that expansion of agriculture, including On May 14, 1998, the Service received recovery actions have led to a commercial bison production. The a petition from a private individual substantial increase in the number of presence of disease in Canada requesting that the Service remove the herds that have a stable or increasing constrains herd growth, and regulatory wood bison from the List of Endangered trend in population size. Critical habitat mechanisms are inadequate to prevent and Threatened Wildlife, primarily has not been designated because free- disease transmission within Canada. because it had been downgraded from ranging wood bison only occur in However, the continued reintroduction an Appendix I to an Appendix II species Canada and we do not designate critical of disease-free herds, the ongoing under the Convention on International habitat in foreign countries. development and updating of Trade in Endangered Species of Wild DATES: This rule becomes effective June management plans, the active Fauna and Flora (CITES). In a 90-day 4, 2012. management of herds, the ongoing finding published on November 25, ADDRESSES: This final rule is available research, and the protections provided 1998 (63 FR 65164), we found that the on the Internet at http:// by laws and protected lands provide petitioner did not provide substantial

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26192 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

information to indicate that the delisting described as a subspecies in 1897 northern , northeastern British may be warranted. (Rhoads 1897, pp. 498–500). One other Columbia east of Cordillera, a small On November 26, 2007, we received extant bison subspecies, the plains portion of northwestern , a petition from the co-chairs of Canada’s bison (B. b. bison), occurs in the United the western south National Wood Bison Recovery Team, States and Canada. Based on the and west of Great Slave Lake, the requesting that we reclassify the wood historical physical separation and Mackenzie River Valley, most of The bison from endangered to threatened. quantifiable behavioral, morphological, Territory, and much of interior On February 3, 2009, we published a 90- and phenological (appearance) Alaska (Reynolds et al. 2003, pp. 1011– day finding (74 FR 5908) acknowledging differences between the two subspecies, 1012). Skinner and Kaisen (1947, pp. that the petition provided sufficient the scientific evidence indicates that 158, 164) suggested that the information to indicate that subspecific designation is appropriate prehistorical U.S. range extended from reclassification may be warranted and (van Zyll de Jong et al. 1995, p. 403; Alaska to Colorado, and Stephenson et that we would initiate a status review. FEAP 1990, p. 24; Reynolds et al. 2003, al. (2001, p. 140) concluded that wood On February 8, 2011, we announced the p. 1010; Gates et al. 2010, pp. 15–17). bison were present within the completion of our status review of the Wood bison is the largest native boundaries of what is now defined as species, which also constituted our 5- extant terrestrial in North Alaska until their disappearance during year review under section 4(c)(2) of the America (Reynolds et al. 2003, p. 1015). the last few hundred years. Currently, Act, and issued a proposed rule to Average weight of mature males (age 8) there is a wild population neither in reclassify the wood bison from an is 910 kilograms (kg) (2,006 pounds (lb)) Alaska nor in the continental United endangered species to a threatened and the average weight of mature States (Harper and Gates 2000, p. 917; species (76 FR 6734). This document is females (age 13) is 440 kg (970 lb) Stephenson et al. 2001, p. 140). our final rule to reclassify the wood (Reynolds et al. 2003, p. 1015). They During the early 1800s, wood bison bison from endangered to threatened. have a large triangular head, a thin numbers were estimated at 168,000, but Species Information beard and rudimentary throat mane, and by the late 1800s, the subspecies was a poorly demarcated cape (Boyd et al. nearly eliminated, with only a few and Species Description 2010, p. 16). In addition, the highest hundred remaining (Gates et al. 2001, p. Wood bison (Bison bison athabascae) point of their hump is forward of their 11). In the words of Soper (1941, p. belongs to the family , which front legs; they have reduced chaps on 362), wood ‘‘bison appear to have been also includes , sheep, and goats. their front legs; and their horns usually practically exterminated,’’ and based on Debate over the generic name Bison extend above the hair on their head the fate of , in which 40 to continues with some authorities using (Boyd et al. 2010, p. 16). These physical 60 million were reduced to just Bos and others using Bison depending characteristics distinguish them from over 1,000 animals in less than 100 on the methodology used to determine the plains bison (Reynolds et al. 2003, years (Hornaday 1889; Wilson and relationships among members of the p. 1015; Boyd et al. 2010, p. 16). Strobeck 1998, p. 180), overharvest may tribe Bovini (Asian , have been the cause for the decline Distribution , cattle and their wild (Harper and Gates 2000, p. 915). The relatives, and bison) (Boyd et al. 2010, The exact extent of the original range fact that populations began to rebound pp. 13–15). In this discussion, we will of wood bison cannot be determined once protection was in place and use Bison, which is consistent with with certainty based on available enforced supports this idea (Soper 1941, ‘‘Wild of North America’’ information, but was limited to North pp. 362–363). In 1922, Wood Buffalo (Reynolds et al. 2003, p. 1010), America (Gates et al. 2001, p. 11). National Park (WBNP) was set aside for ‘‘Mammal Species of the World’’ However, historically, the range of the the protection of the last remnant (Wilson and Reeder 2005, p. 689), and wood bison was generally north of that population of wood bison. Since that the Wood Bison Recovery Team (Gates occupied by the plains bison and time, several additional herds have been et al. 2001, p. 25). Wood bison was first included most boreal regions of established (Table 1).

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 1,718 1,908 2,000 2,000 ∼ 2,000 1,600 Nahanni ...... 30 160 170 399 400 400 Aishihik ...... 500 530 550 700 1,100 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 ...... 2,178 4,050 2 4,947 3 5,641 4 4,639 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 bison is a gradual loss of meadow (Stephenson et al. 2001, p. 143; Quinlan played a role in the decline in wood habitat through forest encroachment et al. 2003, p. 343; Strong and Gates

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26193

2009, p. 439). Although not quantified, individuals interchange freely (Fuller susceptible than cows, juveniles, or it is likely that because of fire 1960, p. 15; Wilson et al. 2002, p. 1545). calves, perhaps because of elevated suppression, and subsequent forest Wood bison travel between favored levels of testosterone (Dragon et al. encroachment on meadows, there was a foraging habitats along direct routes 1999, p. 211). Anthrax is not treatable in net loss of suitable open meadow including established trails, roads, river free-ranging wildlife, but captive bison habitat for wood bison throughout their corridors, and transmission lines can be vaccinated effectively and treated range through about 1990. More (Reynolds et al. 1978, p. 587; Mitchell with antibiotics (Gates et al. 2001, p. 22) intensive fire management began in 2002, p. 50). Bison are also powerful Bovine is caused by the Canada in the early 1900s with the swimmers and will cross even large bacterium Brucella abortus (Tessaro philosophy that fire was destructive and rivers such as the Peace, Slave, Liard, 1989, p. 416). Although the primary should be eliminated to protect property and Nahanni to reach forage, provided hosts are bovids, other ungulates such and permit proper forest management that there are low banks for entry and as elk can be infected. The disease is (Stocks et al. 2003, p. 2). However, exit (Fuller 1960, p. 5; Mitchell 2002, primarily transmitted through oral wildfire is an integral component of pp. 32, 50; Larter et al. 2003, pp. 408– contact with aborted fetuses, boreal forest ecology (Weber and 412). contaminated placentas, and uterine Flannigan 1997, p. 146; Rupp et al. The wood bison’s breeding season is discharges. Greater than 90 percent of 2004, p. 213; Soja et al. 2007, p. 277). from July to October. The age of first infected female bison abort during their Without fire, trees encroach on reproduction depends on nutritional first pregnancy (Gates et al. 2010, p. 30). meadows and eventually the meadow condition and disease status, and is Naturally acquired immunity reduces habitat is lost and replaced by forest. therefore variable (Gates et al. 2010, p. the abortion rate with subsequent 49). Females typically produce their pregnancies (Aune and Gates 2010, p. Habitat first calf when they are 3 years old and 30). Male bison experience The foraging habitats most favored by may be reproductively successful up to inflammation of their reproductive wood bison are grass and sedge age 20 (Wilson et al. 2002, p. 1545). organs and, in advanced cases, sterility. meadows occurring on alkaline soils. Although capable of reproduction at age Both sexes are susceptible to bursitis These meadows are typically 2, males typically do not participate in and arthritis caused by concentrations interspersed among tracts of coniferous the rut until they are 5 or 6, and of the bacterium in the joints, which forest, stands of poplar or aspen, bogs, reproductive success is at its maximum may make them more susceptible to fens, and shrublands. Meadows between ages 7 and 14 (Wilson et al. predation (Joly 2001, pp. 97–98). Two typically represent 5 to 20 percent of the 2002, pp. 1538, 1544). Bison have a vaccines, S19 and SR B51, have been landscape occupied by wood bison polygynous mating system, in which developed in an attempt to prevent (Larter and Gates 1991a, p. 2682; Gates one male mates with several females bovine brucellosis (Aune and Gates et al. 2001, p. 23). Wet meadows are (Wilson et al. 2002, p. 1538). When 2010, pp. 30–31); however, brucellosis rarely used in the summer, probably habitat is adequate and there are no remains extremely difficult to eradicate because of the energy required to other limiting factors such as disease in ungulates. The combined use of maneuver through the mud, but they are and predation, wood bison populations quarantine protocols, serum testing, used in late summer when they become have expanded exponentially (FEAP slaughter, and vaccination is being drier, and in the winter when they 1990, pp. 34–35; Gates and Larter 1990, explored as a means of controlling the freeze (Larter and Gates 1991b, pp. 133, p. 233). Consequently, newly disease (Nishi et al. 2002, pp. 230–233; 135; Strong and Gates 2009, p. 438). introduced populations have the Bienen and Tabor 2006, pp. 324–325; Biology capacity to grow quickly, as Aune and Gates 2010, p. 31). demonstrated by the Mackenzie herd Bovine is a chronic Because wood bison can thrive on (Gates and Larter 1990, p. 235). infectious disease caused by the coarse grasses and sedges, they occupy Wood bison are susceptible to a bacterium Mycobacterium bovis a niche within the boreal forest that is variety of diseases that may affect their (Tessaro 1989, p. 417). Historical not utilized by other northern population dynamics. The most evidence indicates that bovine such as moose or caribou important are anthrax, bovine tuberculosis did not occur in bison prior (Gates et al. 2001, p. 25). Several studies brucellosis, and bovine tuberculosis, to contact with infected domestic cattle indicate that wood bison prefer sedges none of which are endemic to wood (Tessaro 1989, p. 416). Wood bison were ( spp.), which can comprise up to bison (Gates et al. 2010, pp. 28–32). infected in the 1920s, when plains bison 98 percent of the winter diet (Reynolds Anthrax is an infectious bacterial were introduced into the range of wood et al. 1978, p. 586; Smith 1990, p. 88; disease that is transmitted through the bison (Tessaro 1989, p. 417). Currently, Larter and Gates 1991a, p. 2679; Fortin inhalation or ingestion of endospores the disease is concentrated in bison in et al. 2003, pp. 224–225). Seasonally, (Gates et al. 2010, p. 28). The disease is and near WBNP (Wabasca, Wentzel, and other important diet items include rapidly fatal, with death usually Slave River Lowlands herds). The grasses, , and lichen (Reynolds et occurring within several days once the disease is primarily transmitted by al. 1978, p. 586; Smith 1990, p. 88; clinical signs appear (Dragon et al. 1999, inhalation and ingestion of the Larter and Gates 1991a, pp. 2680–2681; p. 209). Between 1962 and 1993, nine bacterium, but may also pass to Fortin et al. 2003, pp. 224–225). outbreaks were recorded in northern offspring through the placenta or Free-ranging wood bison roam Canada, killing at least 1,309 bison contaminated milk (FEAP 1990, p. 11). extensively with annual maximum (Dragon et al. 1999, p. 209). Additional Bovine tuberculosis is a chronic disease traveling distance from each outbreaks continued to occur through at that progressively becomes debilitating; individual’s center-of-activity averaging least 2010 (GNT 2010, p. 9). Factors advanced cases are fatal. There is not an from 45 to 50 kilometers (km) (28 to 31 associated with outbreaks are high effective vaccine for immunization miles (mi)) (Chen and Morley 2005, p. ambient temperatures, high densities of against tuberculosis (FEAP 1990, p. 2). 430). However, some captive animals insects, and high densities of bison as Wood bison herds in and around released into the wild have traveled they congregate in areas of diminishing WBNP, Alberta and the Northwest over 250 km (155 mi) (Gates et al. 1992, forage and water (Dragon et al. 1999, p. Territories, Canada, are infected with pp. 151–152). Herds are fluid, and 212). Sexually mature males are more brucellosis and bovine tuberculosis.

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26194 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

These diseased herds account for about endangered and , analysis to determine if it is appropriate half of the free-ranging wood bison and unless the Director determines that such to reclassify wood bison. We also take are the only known reservoirs of a plan will not promote the into consideration the conservation tuberculosis and brucellosis among the conservation of the species. The Service actions that have occurred, are ongoing, herds (Gates et al. 2010, pp. 4, 35). has not developed a recovery plan for and are planned. Approximately 30 percent of the wood bison, because no wild In 1978, there was one free-ranging, animals in these herds test positive for populations of wood bison currently disease-free herd with 300 individuals: brucellosis, and 21 to 49 percent test exist in the United States. In Canada, the MacKenzie herd (see Table 1, positive for tuberculosis. The combined the National Wood Bison Recovery above). By 2000, when the last Canadian prevalence of the two diseases is 42 Team published a national recovery status review was conducted, the percent (Tessaro et al. 1990, p. 174; plan in 2001 (Gates et al. 2001), and is number of disease-free herds had grown Gates et al. 2010, p. 35). Wood bison currently preparing a revision to the to 6, with a total of approximately 2,800 cows infected with both tuberculosis plan. The purpose of the recovery plan individuals (see Table 1, above). Since and brucellosis are less likely to be is to advance the recovery of the wood 2000, an additional herd has been pregnant, and infected herds are more bison; specific criteria for delisting established bringing the total number to likely to have their populations under Canada’s Species at Risk Act 7, and the number of disease-free, free- regulated by wolf predation (Tessaro et (SARA) were not specified. Management ranging bison has increased to al. 1990, p. 179; Joly and Messier 2004, plans for the provinces support the approximately 4,400 (see Table 1, p. 1173; Joly and Messier 2005, p. 549). goals and objectives of the National above). Four of the herds have a Unlike anthrax, which occurs in Recovery Plan (e.g., Harper and Gates population of 400 or more, meeting outbreaks in which many animals die at 2000, p. 917; GNT 2010, p. 1). Four recovery goal number 1 (see Table 1, one time, brucellosis and tuberculosis goals were established to advance the above). The free-ranging, disease-free are chronic diseases that weaken recovery of wood bison (Gates et al. herds are discussed in detail below. animals over time. 2001): (1) To reestablish at least four Free-Ranging, Disease-Free Herds Conservation Status discrete, free-ranging, disease-free, and The Mackenzie bison herd was In Canada, the Committee on the viable populations of 400 or more wood established in 1963, with the Status of Endangered Wildlife in Canada bison in Canada, emphasizing recovery translocation of 18 wood bison that (COSEWIC) was established in 1977, to in their original range, thereby assess species’ status and evaluate their enhancing the prospects for survival of were originally captured in an isolated risk of extinction. In 1978, the the subspecies and contributing to the area of WBNP. This herd is currently the COSEWIC designated wood bison as maintenance of ecological processes and largest free-ranging, disease-free herd of endangered, based primarily on the fact biological diversity. wood bison, with approximately 1,600 that there were only about 400 disease- (2) To foster the restoration of wood to 2,000 animals (Reynolds et al. 2004, free wood bison: 100 in a captive herd bison in other parts of their original p. 7). The Mackenzie Bison Sanctuary and 300 in a free-ranging herd. In 1988, range and in suitable habitat elsewhere, was established in 1979, and 2 wood bison was downlisted to thereby ensuring their long-term encompasses an area of 6,300 km threatened in Canada because of data survival. (2,432 mi2) northwest of Great Slave presented in a status report prepared by (3) To ensure that the genetic integrity Lake. The current range of the the National Wood Bison Recovery of wood bison is maintained without Mackenzie bison herd (12,000 km2 Team that documented progress towards further loss as a consequence of human (4,633 mi2)) extends well beyond the recovery (Gates et al. 2001, p. 28; Gates intervention. boundaries of the sanctuary. In 2010, et al. 2010, p. 65). A review by the (4) To restore disease-free wood bison the Government of Northwest COSEWIC in 2000 confirmed that herds, thereby contributing to the Territories released the final Wood ‘‘threatened’’ was the appropriate aesthetic, cultural, economic, and social Bison Management Strategy. It indicates designation at that time (Gates et al. well-being of local communities and that there is sufficient habitat in the 2010, p. 65). society in general. Northwest Territories to support The wood bison was listed in Revisions to the U.S. List of expanding bison populations (GNWT Appendix I of the Convention on Endangered and Threatened Wildlife 2010, p. 9). Habitat protection within International Trade in Endangered (adding, removing, or reclassifying a the range of the Mackenzie bison herd Species of Wild Fauna and Flora species) must reflect determinations is facilitated through the Species at Risk (CITES) on July 1, 1975, when the treaty made in accordance with sections Act (SARA), Canada’s equivalent to the first went into effect. On September 18, 4(a)(1) and 4(b) of the Act. Section Act, and the Mackenzie Valley Resource 1997, it was transferred to Appendix II, 4(a)(1) requires that the Secretary Management Act of 1998. Although the based on a proposal from Canada that determine whether a species is Mackenzie Valley Resource described progress in implementation of endangered or threatened, as defined by Management Act does not specifically the Canadian recovery plan the Act, because of one or more of the provide protection to wood bison, it did (Government of Canada 1997, entire). five factors outlined in section 4(a)(1). create a Land and Water Board (LWB), CITES Appendix-II species are not In other words, an analysis of the five which is given the power to regulate the necessarily considered to be threatened factors under 4(a)(1) can result in a use of land and water, including the with extinction now but may become so determination that a species is no longer issuance of land use permits and water unless trade in the species is regulated. endangered or threatened. Section 4(b) licenses. Under current management, an The United States supported this requires that the determination made annual harvest is allowed (described change. under section 4(a)(1) be based on the under Factor B below), and the best scientific and commercial data Mackenzie herd size has been greater Recovery Actions available and after taking into account than the recovery target of 400 since Section 4(f) of the Act directs us to those efforts, if any, being made by any 1987, with approximately 1,600 to 2,000 develop and implement recovery plans State or foreign nation to protect such animals (Gates and Larter 1999, p. 233; for the conservation and survival of species. Here, we rely on the five-factor see Table 1, above). Thus, the

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26195

Mackenzie herd contributes to recovery Yukon and northeast . Captive, Disease-Free Herds goals 1 and 4. The population was bolstered by two In addition to the free-ranging wood Five releases of wood bison totaling supplemental releases in 1989 and 1998, bison herds discussed above, four 170 animals from 1988 to 1991 of 12 and 59 animals, respectively captive herds have been established, established the Aishihik herd in (Larter and Allaire 2007, p. 3). although only three are currently viable. southwestern Yukon, in a remote area Population size has been approximately The herd in west of Whitehorse, Canada. Herd size 400 animals or more since 2006, and, Alberta, Canada, was established in has totaled over 400 since 1999 (Gates based on surveys, was estimated at 413 1965, from wood bison transferred from et al. 2001, p. 14; see Table 1, above). in 2010 (Larter, GNWT, 2010, pers. an isolated portion of WBNP. It is the With a current population of comm.). There is currently sufficient national conservation herd and has approximately 1,100 animals, it is the habitat to support the expanding provided disease-free stock for six of the second-largest herd. The herd inhabits population (GNT 2010, p. 9). free-ranging populations and several approximately 9,000 km2 (3,475 mi2) of captive breeding herds in zoos and largely undeveloped habitat near the The Nordquist herd was established private commercial ranches (Gates et al. community of Haines Junction, adjacent in 1995, near the Laird River in 1992, p. 153). Carrying capacity at Elk to Kluane National Park. Less than 5 northeastern British Columbia (see Island National Park is approximately percent of the range of the Aishihik herd Table 1, above). Because the majority of 350 animals; animals above this number is on private lands (First Nation the herd occupies habitat near the are regarded as surplus and are removed Settlement Lands), and these , vehicle collisions are a to establish and supplement free- landowners participate in a source of mortality (Reynolds et al. roaming populations in former areas of management planning team specifically 2009, p. 6). It is anticipated that the their historic range (Parks Canada for this herd. The remainder of the Nordquist and Nahanni herds will 2009a, unpaginated). Although the herd herd’s range is owned by the eventually coalesce into one herd is fenced, the animals are semi-wild and Government of Canada, and there are no because of their close proximity and the spend the majority of their time roaming threats to habitat in this area (Reynolds presence of river corridors that provide the 65 km2 (25 mi2) enclosure, et al. 2004, p. 9). The herd has room to travel corridors (Gates et al. 2001, p. 18). interacting with the environment in a expand or shift its range, because there Although it has not yet occurred, largely natural manner (Gates et al. are no large-scale developments east, combination of the two herds would 2001, p. 18). The herd is rounded up west, or north of the present range for create a herd with numbers that exceed several hundred kilometers. Small-scale annually to test for disease and to the recovery criterion of 400 (see Table vaccinate for common cattle diseases. agricultural development to the south of 1, above). the present range, however, could The age, sex, and condition of all the restrict range expansion in that The Etthithun herd was established in individuals are determined to inform direction (Reynolds et al. 2004, p. 9). 2002, near Etthithun Lake, British management decisions. Using this Regulated hunting occurs on this herd Columbia. Factors limiting the size of information, individuals are selected for (described under Factor B below). Other this herd include the amount and sale, donation, or the establishment of than regulated harvest, no other limiting location of suitable habitat, conflicts new herds, which also controls the factors have been identified (Reynolds with humans and industrial population size of the herd (Parks et al. 2004, p. 17). The Aishihik herd development, and potential contact with Canada 2009b, unpaginated). This contributes to recovery goals 1, 2, and commercial plains bison (BC MOE, pers. conservation herd contributes to 4. comm., 2010). Current population size recovery goals 2, 3, and 4. The Hay-Zama herd was established is approximately 124 (see Table 1, The Hook Lake Wood Bison Recovery in 1984, when 29 wood bison were above); consequently, this herd does not Project was initiated to establish a transferred from Elk Island National currently meet the recovery criterion of captive, disease-free herd from a wild Park to the holding corral site near Hay- 400 individuals. However, it does herd infected with brucellosis and Zama Lakes, Alberta (Gates et al. 2001, contribute to recovery goals 2 and 4. tuberculosis. The overall objective of the project was to determine the feasibility p. 17). A herd of 48 wood bison became The Chitek Lake herd was established free-ranging when portions of the corral of genetic salvage from a diseased herd in 1991, in , Canada. The (Nishi et al. 2002, p. 230). Specific they were being held in collapsed in Chitek Lake Wood Bison Management 1993 (Gates et al. 2001, p. 17). Since objectives of the project were to Committee plans to maintain the herd at then, the free-ranging herd has grown to conserve the genetic integrity of the approximately 300 animals to keep the approximately 750 animals (Table 1), wild herd by capturing an adequate herd within carrying capacity of the thus contributing to recovery goals 1, 2, number of calves, provide intensive and 4. In 1995, the Government of habitat. The 100,300-hectare (ha) veterinary and preventative drug Alberta established a 36,000 km2 (25,452-acre (ac)) Chitek Lake Park treatment to eliminate disease from the (13,900 mi2) Bison Management Area Reserve provides habitat protection for calves, and raise a disease-free herd around the Hay-Zama herd in the the core range of the herd. Limiting from the salvaged calves (Nishi et al. northwestern corner of the province. In factors for the herd include accidental 2002, p. 229). From 1996 to 1998, 62 this area, all wood bison are legally mortality from drowning, starvation in calves were captured. The disease protected from hunting under Alberta’s bad winters, and predation from wolves eradication protocol included orphaning Wildlife Act; outside of the area they are (Manitoba Conservation, pers. comm., newborn, wild-caught calves to not protected. Collisions with vehicles 2010). Although outside of the historic minimize their exposure to B. abortus are the largest source of known range of wood bison, Chitek Lake herd and M. bovis; testing calves for mortality for individuals in this herd plays an important role in wood bison antibodies to brucellosis prior to (Mitchell and Gates 2002, p. 9). conservation because it is an isolated, inclusion in the new herd; treating with The Nahanni herd, established in disease-free herd and, consequently, antimycobacterial and anti-Brucella 1980 with the release of 28 wood bison, provides security to the species through drugs; and intensive, whole-herd testing occurs primarily in the Northwest population redundancy, thus for both diseases (Nishi et al. 2002, p. Territories and extends into southeast contributing to recovery goal 2. 229). By 2002, the herd size was 122. In

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26196 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

2006, after 9 years of intensive recovery goal 2 was not specified, 34270), we solicited expert opinion management, the herd was destroyed progress has been made on the second from three knowledgeable individuals because bovine tuberculosis was goal with the establishment of disease- with scientific expertise that included discovered in 2005 in 2 founding free herds in ; Manitoba, Canada; familiarity with wood bison and its animals and 10 captive-born animals, and Alaska. The Hook Lake Bison habitat, biological needs, recovery even though all animals initially tested Recovery Project was a well-planned, efforts, and threats. We received a disease-free. The herd provided science-based attempt to conserve the response from one of the peer reviewers. valuable information on genetic salvage, genetic diversity of a diseased herd and We reviewed all comments received genetic management, captive breeding would have contributed greatly to for substantive issues and new for conservation, disease testing, and the recovery goal 3. Although ultimately the information regarding the listing of difficulties involved in eradicating project was unsuccessful, a great deal of wood bison. The majority of comments disease (Wilson et al. 2003, pp. 24–35). knowledge was gained (Wilson et al. (13 of 19) supported downlisting. A The Hook Lake Herd contributed to 2003, pp. 62–67). The wood bison subset of these commenters (7 of the 13) recovery goal 3. recovery team is very aware of the need thought the Service should delist the In April 2006, 30 wood bison calves to maintain genetic diversity in the species immediately. Three commenters were transferred from Elk Island herds and establishes new herds with felt that wood bison should remain National Park to Lenski Stolby Nature the goal of maintaining genetic diversity listed as endangered. The peer reviewer Park near Yakutsk, Sahka Republic through multiple introductions (i.e., the comments are addressed in the (Yakutia), Russia. An additional 30 head Aishihik herd, Nahanni, and Hook Lake following summary and incorporated were transferred in 2011. Although herds). The establishment of six into the final rule as appropriate. outside the historical range, this was an additional herds on the landscape since opportunity to create another 1978 contributes to recovery goal 4. In Peer Reviewer Comments geographically separate population that addition, the captive population at Elk (1) Comment: The peer reviewer provides added security to the species Island National Park has provided provided very specific corrections to through population redundancy, disease-free stock for those six details about two of the wood bison thereby contributing to recovery goal 2. additional herds and two captive herds. herds in Canada, the Nahanni and Transfer of wood bison to Russia was It is clear that there is active Mackenzie. specifically mentioned in the recovery management of the herds, and multiple Our Response: As the reviewer noted, plan because it would contribute to the avenues of research are being funded and we agree, the changes do not alter global security of the species (Gates et and pursued regarding the biology and our finding. We have incorporated the al., 2001, p. 14). management of wood bison. Progress details and updates for the Canadian In June 2008, 53 disease-free wood towards the recovery goals outlined in herds provided by the reviewer into this bison were transferred from Elk Island the national recovery plan, published by final rule. National Park to the Alaska Wildlife the National Wood Bison Recovery Comments From State of Alaska Conservation Center in Portage, Alaska. Team, is moving forward steadily. Consequently, this captive herd Comments received from the State of currently contributes to recovery goal Summary of Comments and Alaska regarding the proposal to number 2 through population Recommendations reclassify the wood bison are addressed redundancy. Ultimately, the Alaska In the proposed rule published on below. Department of Fish and Game (ADFG) February 8, 2011 (76 FR 6734), we (2) Comment: The State agrees that plans to restore wood bison populations requested that all interested parties ‘‘endangered’’ is not the appropriate in one to three areas in interior Alaska, submit written comments on the designation for wood bison but states with potential herd size of 500 to 2,000 proposal by April 11, 2011. We also that the species should be removed from or more depending on the location contacted appropriate Federal and State the List of Endangered and Threatened (ADF&G 2007, p. 79). Environmental agencies, scientific experts and Wildlife (delisted), not reclassified as analysis of the project is currently under organizations, and other interested threatened. Several other commenters review. The National Wood Bison parties and invited them to comment on came to the same conclusion. They Recovery Team in Canada the proposal. We did not receive any argue that recovery efforts in Canada recommended establishing one or more requests for a public hearing. have been successful enough that populations in Alaska in areas that can During the comment period for the delisting is warranted. support 400 or more animals (Gates et proposed rule, we received 19 comment Our Response: We agree that al. 2001, p. 31). Establishment of one or letters directly addressing the proposed conservation efforts in Canada have led more herds in Alaska would be a listing of wood bison with threatened to significant increases in the number of significant contribution to increasing status. All substantive information herds and herd size. However, we also the number of secure, disease-free, free- provided during the comment period recognize that threats to the species, in roaming herds. has either been incorporated directly particular disease, loss of habitat, and into this final determination or hybridization with plains bison, persist, Summary of Progress Toward Recovery addressed below. Several of the and delisting is therefore not yet In summary, since 1978, the number comments included opinions or appropriate. We will continue to follow of free-ranging, disease-free herds has information not directly related to the the progress of conservation efforts, and increased from 1 to 7, and the number proposed rule, such as views relating to we will propose to delist wood bison if of wood bison has increased from the reintroduction of wood bison into and when appropriate. approximately 400 to over 4,000. The Alaska. We do not address those (3) Comment: The State and several first recovery goal of establishing 4 free- comments as they do not have bearing commenters argued that listing under ranging, disease-free herds with 400 or on the reclassification of wood bison. the Act provides no conservation more animals has been met, and benefits for the species in the United planning is underway to create one or Peer Review States, and may in fact be impeding more herds in Alaska. Although the In accordance with our peer review conservation by making it more difficult number of herds needed to meet policy published on July 1, 1994 (59 FR to reintroduce wood bison into Alaska.

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26197

Our Response: Under section Public Comments supports our conclusion that we cannot 4(b)(1)(A) of the Act, the Service must (6) Comment: A few commenters base this determination on the status of base a status determination solely on the argued that wood bison should remain the species in lost historical range. As best scientific and commercial data listed as endangered. In summary, the defined by the Act, a species is available. Thus, we cannot and did not reasoning presented was that the endangered only if it ‘‘is in danger of base the decision to reclassify the wood populations were too small, there is not extinction’’ in all or a significant portion bison under the Act on the efficacy of enough habitat available, and hunting of its range. The phrase ‘‘is in danger’’ this action to conserve the species. should not be allowed because of the denotes a present-tense condition of Nevertheless, we disagree that listing is small population sizes. being at risk of a current (or future) impeding conservation by making it Our Response: The Canada’s National undesired event. Hence, to say a species more difficult to reintroduce the species Wood Bison Recovery Team and ‘‘is in danger’’ in an area where it no to Alaska. Under the provisions of the recovery plan set forth the reasoning for longer exists—i.e., in its historical range Act’s section 10(j), wood bison could be maintaining a minimum population where it has been extirpated—is inconsistent with common usage. Thus, reintroduced into Alaska as an (herd) size of 400 (Gates et al. 2001, p. we consider ‘‘range’’ within the experimental, nonessential population. 32). At this point, there are more than definition of an ‘‘endangered species’’ to We have been working with the Alaska 4,000 disease-free wood bison in 7 herds mean current range, not historical. In Department of Fish and Game on such and an additional 4,000 animals in addition, in determining whether a a proposal, and both agencies agree that WBNP that are subject to disease but species is an endangered species, the this approach may be a viable method have a stable population. Four separate Act requires the Secretary to consider for the reintroduction. Designating disease-free populations have 400 or ‘‘present’’ or ‘‘threatened’’ (i.e., future), wood bison as an experimental, more animals (see Table 1, above). In rather than past, ‘‘destruction, nonessential population would not only addition, it has been demonstrated that modification, or curtailment’’ of a provide the means for reintroducing the wood bison, like plains bison and cattle, animals, it would also provide species’ habitat or range (16 U.S.C. are relatively easy to breed and their 1533(a)(1)(A)). Furthermore, additional assurances that conflicts with potential populations can be managed for growth development would be minimal. Critical support for this conclusion is found in either in the wild (given adequate the Act’s requirement that a summary of habitat is not designated for resources) or in captivity. experimental, nonessential populations. a proposed listing regulation be Although we agree that there has been published in a newspaper ‘‘in each area (4) Comment: The State commented a loss of suitable habitat, there has been of the United States in which the that the only real impact from listing enough suitable and available habitat for species is believed to occur’’ (16 U.S.C. was to deny sportsmen the opportunity the reintroduction of six herds within 1533(b)(5)(D)). There is no requirement to import legally harvested wood bison their historical range in Canada. All of to such notice in areas where the trophies from Canada. the herds that have been established in species no longer occurs. For these Our Response: We recognize that the wild have expanded in size and are reasons, Alaska cannot be a significant regulated hunting is an important self-sustaining (see Table 1, above). portion of the wood bison’s range. component of Canada’s recovery plan Regulations prevent excess harvest on (8) Comment: One commenter felt that for the species; however, as explained the free-ranging herds. Regardless of the proposed rule was deficient because above, listing determinations are based classification type (endangered or we did not address the status of wood on evaluation of the factors affecting the threatened), regulation of hunting in bison in Alaska and only looked at species under section 4(a)(1) of the Act, Canada is outside the jurisdiction of the where wood bison currently exists. using the best scientific and commercial Act. Currently, Canada uses hunting of Thus, we should have included Alaska information available. It is important to wood bison as a management tool for in our analysis as part of wood bison’s note that, under section 9(c)(2) of the population control and to minimize the historical range. Act, when the wood bison is reclassified chances that disease will spread from Our Response: As explained above in to threatened status (see DATES, above), one population to another. We found no our response to Comment 7, a species’ importation into the United States of evidence that hunting, as it is currently listing determination cannot be based sport-hunted trophies taken from managed, is a threat to the species. For on the status of the species within its Canada would not require a permit these reasons, we have concluded that lost historical range. Nevertheless, we under 50 CFR 17.32, provided that a wood bison are no longer on the brink did consider the effect of the loss of the CITES Appendix-II export permit issued of extinction and are, therefore, not wood bison’s historical range on the by the Canadian government endangered; rather, they are progressing viability of the species throughout all or accompanies the trophy when it arrives steadily towards recovery. a significant portion of its current range. into the United States. (7) Comment: One commenter argued Although the species has been that wood bison should remain listed as extirpated from Alaska for quite some Federal Agency (Canada) Comments endangered because Alaska is a time and the historic population in significant portion of the wood bison’s Alaska is unknown, we conclude that (5) Comment: We received two range. Because wood bison are extinct the loss of species’ historic range in responses from the Northwest in Alaska, they should remain Alaska does not place the species in Territories. Both included specific endangered until they are successfully danger of extinction throughout all or a minor corrections regarding herds, and introduced back into Alaska. significant portion of the range. As both supported downlisting. Our Response: The Service disagrees detailed more fully in our final Our Response: The commenters that the wood bison’s historical range, determination, the wood bison stated, and we agree, that none of the which includes Alaska, constitutes a populations in Canada have stabilized corrections were significant in terms of significant portion of the range such that or are increasing, and are self-sustaining the finding. We have incorporated the the endangered classification under the in the absence of a population in details and updates for the Canadian Act must be retained because of the Alaska. herds provided by the reviewers in this species’ extirpation in that portion of (9) Comment: Two commenters final rule. the historical range. The text of the Act argued that wood bison is not a valid

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26198 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

subspecies and that they should not be to become endangered in the foreseeable operating on the populations as well as listed for that reason. One commenter future. The commenter states, ‘‘[t]he those we could reliably expect to stated that differences between wood Proposed Rule does not show that these continue to affect the populations. and plains bison are only phenotypic risks are both sufficiently severe and (12) Comment: One commenter states (they look different), and that all wood likely to justify the ‘‘threatened’’ that bison are inherently social creatures bison are hybrids with plains bison. The classification.’’ and are subject to rules of group commenter cites the work of Douglas et Our Response: In the proposed rule behavior. As the size of herds changes, al. 2011, which concludes that based on (76 FR 6734), we identified threats so too do their actions and lifestyles. mitochondrial sequences, wood and under Factors A, C, D, and E. Although There is simply not enough data from plains bison should not be considered we did not identify an individual factor small herds over a few decades about separate subspecies. that might be responsible for the wood bison sociology to make any Our Response: In the proposed rule extinction of wood bison in the future, confident predictions about the future. (76 FR 6734), we outlined our reasoning the combination of these threats are They argue that there are too few wood for concluding that wood bison are a currently acting on the populations and bison to contemplate easing protections valid subspecies. We also acknowledged will continue into the foreseeable on the species at this time. that because of the introduction of future. The species is being actively Our Response: We agree that wood plains bison into WBNP there had been managed in Canada to address these bison are social animals and that new some introgression of plains bison threats. Of these threats, disease is the herds have been established for a genetic material into the wood bison most problematic for the species relatively short time. However, the genome. However, based on the because there is not a clear path forward growth of the herds gives ample historical physical separation, and on how disease will be handled. No evidence that when suitable habitat is quantifiable behavioral, morphological, effective vaccines exist for brucellosis, present the herds will grow until and phenological (appearance) tuberculosis, or anthrax for free-ranging controlled. In reality, the protections differences between the two subspecies, populations and developing new provided to a species listed as the scientific evidence indicates that disease-free herds is very challenging. In threatened do not differ significantly subspecific designation is appropriate addition, although recommendations for from the protections provided to an (van Zyll de Jong et al. 1995, p. 403; the management of the diseased herds endangered species. Wood bison will FEAP 1990, p. 24; Reynolds et al. 2003, in and around WBNP have been continue to be protected under the Act p. 1010; Gates et al. 2010, pp. 15–17). suggested (FEAP 1990, p. 2), they have as a threatened species. Douglas et al. (2011, p. 167) included not yet been implemented, it is (13) Comment: One commenter mitochondrial sequences from only two unknown if they will be implemented, argued that B. b. athabascae is present wood bison in their analysis. and it is unknown how implementation in Yellowstone National Park (YNP) and Considering the history of wood and of the recommendations would affect it is endangered there. plains bison on the landscape, two the status of the subspecies. It is Our Response: Peer-reviewed animals cannot accurately represent the possible many animals could be published papers present a compelling range of genetic variation present purposefully euthanized if disease opposing view to this comment. The between wood and plains bison, and it spreads to currently uninfected herds published literature indicates that the is not reasonable to conclude that the that are in proximity to commercial only place where free-ranging wood two subspecies should be considered as cattle and bison operations, or as a bison occur, or have occurred in the one, based on a sample size of two. In solution to the diseased herds found in recent past (last several hundred years), addition, the authors (Douglas et al. and around WBNP. As described in the is in Canada and Alaska (Skinner and 2011, p. 173) include the important proposed rule, the Hook Lake Herd, Kaisen 1947, p. 164; Stephenson et al. qualifying clause, ‘‘with respect to their which was initiated as a disease-free 2001, pp. 137, 146; Wilson and Strobeck mitochondrial genomic sequences’’ B. b. herd, was eliminated when disease was 1998, p. 186). We disagree that wood bison and B. b. athabascae should not detected. We also know that Canada has bison currently persists in YNP and that be considered distinct subspecies. not yet made the decision to delist the it is endangered there. Mitochondrial DNA is maternally species under SARA. We will continue Summary of Changes From Proposed inherited and therefore presents only a to evaluate the status of wood bison and Rule partial picture of an ’s total propose to delist the species when genome. Mitochondrial DNA is used appropriate. We reanalyzed the data from the primarily to look at the more recent (11) Comment: One commenter said United Nations Environment divergence between species. Differences that the Service cannot conclude that Programme—World Conservation in nuclear DNA sequences (which the wood bison remains threatened Monitoring Center CITES Trade represent contributions from both the without establishing a timeframe for the Database and, for clarity, reported data male and female) are used to determine foreseeable future. in specimens rather than shipments. differences that originate further back in Our Response: We disagree. In some However, this change did not alter our time. Unless a peer-reviewed revision of listings we have used very specific finding. We have not made any the phylogeny of the subfamily timeframes for our threats analysis (e.g., substantive changes in this final rule occurs that indicates wood and plains polar bear, see 73 FR 28212, May 15, based on the comments we received. bison do not vary enough genetically to 2008), especially when we are using Although many commenters thought be considered distinct subspecies, and models that are projecting into the that wood bison no longer need the that revision is accepted by the future for a specific amount of time. In protections provided by the Act and scientific community, we will continue the case of wood bison, we are not should be delisted, no new or to acknowledge the two subspecies of relying on modeling to describe or compelling information was provided to bison. understand the threats into the future. support such a recommendation. We (10) Comment: One commenter stated In analyzing how threats will affect the recognize that conservation actions are that we did not provide a convincing status of this species, we assessed the continuing and that the status of wood argument that the threats to wood bison foreseeable future for the wood bison in bison is improving. However, because of rise to the level that the species is likely terms of the threats that are currently the threats that are still present,

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26199

delisting is premature. Therefore, just as A. The Present or Threatened burned from 1992 to 1997, with some we proposed, we are changing the Destruction, Modification, or sites being burned up to three times listing of the wood bison from Curtailment of Its Habitat or Range (Chowns et al. 1997, pp. 206–207). In endangered to threatened. addition, lightning fires burned 300,000 Loss of Foraging Habitat ha (741,316 ac), or almost 20 percent of Summary of Factors Affecting the Fire Suppression the wood bison range in this area, from Subspecies Wood bison depend on a landscape 1994 to 1996 (Chowns et al. 1997, p. Section 4 of the Act and that includes sufficient grasslands and 209). Plants favored by bison were more implementing regulations (50 CFR part meadows for foraging habitat (Larter and abundant in unburned areas and in 424) set forth procedures for adding Gates 1991b, p. 133). It appears that meadows that had burned only once species to, removing species from, or primarily through fire suppression, (Quinlan et al. 2003, p. 348), indicating reclassifying species on the Federal there was an overall loss of meadow that prescribed burns must be used Lists of Endangered and Threatened habitat in Canada through the 1900s. judiciously to be effective in creating Wildlife and Plants. Changes in the Lists More intensive fire management began foraging habitat for wood bison. A study can be initiated by the Service or in Canada in the early 1900s, with the of vegetation recovery and plains bison use after a wildfire near Farewell, through the public petition process. philosophy that fire was destructive and Alaska (Campbell and Hinkes 1983, p. Under section 4(a)(1) of the Act, a should be eliminated to protect property 18), showed that grass and sedge- species may be determined to be and permit proper forest management dominated communities increased from endangered or threatened based on any (Stocks et al. 2003, p. 2). However, 38 percent to approximately 97 percent of the following five factors: wildfire is an integral component of of the study area. Plains bison use also (A) The present or threatened boreal forest ecology (Weber and increased in subsequent years after the destruction, modification, or Flannigan 1997, p. 146; Rupp et al. fire, and winter distribution of the curtailment of Its habitat or range; 2004, p. 213; Soja et al. 2007, p. 277). Farewell herd expanded due to fire- (B) Overutilization for commercial, Without fire, trees encroach on recreational, scientific, or educational related habitat changes (Campbell and meadows and eventually the meadow Hinkes 1983, pp. 18–19). Because purposes; habitat is lost and replaced by forest. (C) Disease or predation; sedges are important winter forage for Fire alone, or in combination with wood bison, the amount of such habitat (D) The inadequacy of existing grazing, can facilitate the conversion regulatory mechanisms; or has a major influence on herd size. and maintenance of grasslands (Lewis Newly created habitats will be used by (E) Other natural or manmade factors 1982, p. 24; Chowns et al. 1997, p. 205; affecting its continued existence. wood bison when these habitats are Schwarz and Wein 1997, p. 1369). contiguous with existing summer or We must consider these same factors Burning by Native groups within the winter ranges (Campbell and Hinkes in downlisting a species. For species range of wood bison was apparently a 1983, p. 20). that are already listed as endangered or common practice through the 1940s In summary, studies that have looked threatened, we evaluate both the threats outside WBNP but ended within the at the exclusion of fire or the effect of currently facing the species and the park when it was established in 1922 wildfire on wood bison habitat have threats that are reasonably likely to (Lewis 1982, pp. 22–31; Schwarz and concluded that fire is a necessary affect the species in the foreseeable Wein 1997, p. 1369). An examination of component of the landscape to maintain future following the delisting or aerial photographs taken at WBNP over clearings and create conditions that downlisting and the removal or time showed that a semi-open grassland favor forage preferred by wood bison. reduction of the Act’s protections. that covered about 85 ha (210 ac) in Controlled burns can have the same Under section 3 of the Act, a species 1928 supported a grassland of only 3 ha effect as wildfire by creating openings in is ‘‘endangered’’ if it is in danger of (7.4 ac) in 1982 (Schwarz and Wein the forest. However, repeated burns in extinction throughout all or a significant 1997, p. 1369). In addition, a number of the same location can be detrimental to portion of its range and is ‘‘threatened’’ sites previously identified as prairie are creating suitable forage. if it is likely to become an endangered now dominated by trembling aspen species within the foreseeable future (Schwarz and Wein 1997, p. 1369). Timber Harvest throughout all or a significant portion of Although not quantified, it is likely that The volume of timber logged in its range. ‘‘Foreseeable future’’ is because of fire suppression and forest Canada rose 50 percent from 1970 to determined by the Service on a case-by- encroachment on meadows, there was a 1997; in Alberta, the logging rate case basis, taking into consideration a net loss of suitable open meadow increased 423 percent, from 3.4 to 17.8 variety of species-specific factors such habitat for wood bison throughout their million meters (m)3 (120 to 628 million as lifespan, genetics, breeding behavior, range through about 1990. More feet (ft)3) per year during the same time demography, threat projections recently, several factors may be (Timoney and Lee 2001, p. 394). These timeframes, and environmental counteracting the loss of open meadow values are conservative because forests variability. The word ‘‘range’’ in the habitat including controlled burns, logged on private land and those phrase ‘‘significant portion of its range’’ timber harvest, oil and gas development, harvested on government land after fire, (SPR) refers to the range in which the agricultural development, and the insect outbreaks, or disease may go species currently exists, and the word effects of climate change, as discussed unrecorded (Timoney and Lee 2001, p. ‘‘significant’’ refers to the value of that below. 395). The primary method of harvest is portion of the range being considered to clearcutting (Timoney and Lee 2001, p. the conservation of the species. Controlled Burns 394). Compared to a closed canopy For the purposes of this analysis, we Controlled burns have been forest, clearcuts improve the amount of will evaluate all five factors currently implemented since 1992 in wood bison suitable habitat available to wood bison affecting, or that are likely to affect, the habitat in the Northwest Territories to because they create openings and wood bison to determine whether the increase meadow habitat (Chowns et al. increase the amount of summer forage currently listed species is endangered or 1997, p. 206). Approximately 4,400 to available. However, the quantity and threatened. 26,900 ha (10,873 to 66,471 ac) were quality of forage is less than what is

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26200 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

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

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26201

Climate Change and a half times the previous level anticipate that habitat for wood bison, Climate change models project that (Westerling et al. 2006, p. 941). In which require meadows intermixed the largest temperature increases will addition, the average length of the fire with forest, will increase over the next occur in the upper latitudes of the season during 1987–2003 was 78 days century. longer compared to that during 1970– northern hemisphere, and that there Summary of Factor A will be an increase in extreme climate 1986, and the average time between fire discovery and control was 29.6 days Our analysis of habitat threats to events in these areas (IPCC 2007, p. wood bison under Factor A includes 11.5.3.1). This area includes the boreal longer (Westerling et al. 2006, p. 941). In Alaska, the largest fire on record was management actions that are being taken forest of Canada and Alaska in the range (controlled burns, timber harvest, oil of wood bison. Some of the predicted in 2004, and the third largest was in 2003 (Soja et al. 2007, p. 281). and gas development), anticipated outcomes of climate change are: An The area burned by forest fires in changes to the landscape based on increase in temperature; an increase in Canada has increased over the past four climate change (increased insect insect outbreaks; an increase in wildfire decades (Stocks et al. 2003, p. 2; Gillett outbreaks, increased fire, severity, area burned, and fire season et al. 2004, p. 4; Soja et al., 2007, p. transition), and agricultural length with potential landscape-scale 281). In Canada, weather/climate is the development. In summary, most likely ecotype effects; and a shift northward of most important natural factor there was loss of suitable meadow boreal forest (Hamann and Wang 2006, influencing forest fires (Gillett et al. foraging habitat for wood bison from fire pp. 2780–2782; Soja et al. 2007, p. 277). 2004, p. 2; Flannigan et al. 2005, p. 1). suppression in the 20th century. Several These aspects of climate change have Projections based on the Canadian and factors, including fire, timber harvest, the potential to increase the amount of Hadley General Circulation Models, oil and gas exploration, and insect habitat suitable for wood bison over the which predict future carbon dioxide and infestations, could create more forest next 100 years. temperature increases, indicate that the openings and grassland habitat. The mean annual temperature of area burned in boreal forests of Canada However, neither the loss nor potential interior Alaska and northern Canada has gain in habitat from these sources has ° will double by the end of the century increased by 2 degrees Celsius ( C) (3.6 been quantified, and the suitability of ° (Flannigan et al. 2005, pp. 11–12), the degrees Fahrenheit ( F)) in the last four area exhibiting high to extreme fire habitat for wood bison created as a by- decades (Serreze et al. 2000, p. 163). danger will increase substantially, and product of resource development is Warming has triggered bark beetle the length of the fire season will largely unknown. The primary loss of outbreaks in western North America, increase (Stocks et al. 1998, pp. 5–11). habitat for wood bison has occurred including south-central Alaska and In the absence of fire, vegetation from agricultural development British Columbia. In British Columbia, changes would occur relatively slowly (including commercial production of by the end of 2006, 130,000 km2 (50,193 in response to relatively slow changes in plains bison). Although the current level mi2) of forested lands were affected the climate. Because of its immediate of human influence in the range of (Kurz et al. 2008, p. 987). The outbreak and large-scale effect, fire is seen as an wood bison is low, we anticipate human in British Columbia was an order of agent of change that will hasten the population growth will continue, and magnitude greater in area and severity modification of the landscape to a new loss of suitable habitat from agricultural than all previous recorded outbreaks equilibrium with climate. Area burned development is expected in the (Kurz et al. 2008, p. 987). may overshadow the direct effects of foreseeable future. In the short term, The effect of insect outbreaks on climate change on plant species habitat loss is expected to outstrip gain wood bison habitat includes a potential distribution and migration (Werber and because of the increasing demand and increase in suitable wood bison habitat, Flannigan 1997, p. 157). The new fire production of commercial bison. Based and an increase in susceptibility to fire. regime is expected to affect the age class on model projections of the effects of In insect-infested plots studied on the distribution, species composition, climate change, it is anticipated that Kenai Peninsula, cover of bluejoint grass landscape mosaics, and boundaries, there will be increased insect (Calamagrostis canadensis), a summer including a retraction of the southern infestations, increased fire frequency forage species, increased to more than boreal forest (Werber and Flannigan and area burned, and warmer 50 percent compared to uninfested 1997, pp. 157, 160). temperatures, leading to shifts in forest stands (Werner et al. 2006, p. The increase in temperature, ecosystems. In the long term, these 198). These results indicate forests predicted by the Canadian and Hadley changes will likely create more forest affected by beetle kill may become more General Circulation Models described openings and landscapes in early suitable to wood bison by creating above, is expected to cause major shifts successional stages and may increase openings and changing the vegetative in ecosystems (Rizzo and Wiken 1992, the amount of suitable habitat available composition. This would be particularly p. 37; Hogg and Schwarz 1997, p. 527). to wood bison. Whether the potential true in areas where, because of climate The amount of grassland in Canada may gain in habitat will offset the loss from change, there was a permanent change increase by about 7 percent and shift development in the long term is in landscape cover from forest to northward (Rizzo and Wiken 1992, p. unknown. Consequently, based on the grassland (Rizzo and Wiken 1992, p. 53; 52). Several modeling efforts suggest best scientific and commercial data Flannigan et al. 2000, pp. 226–227). that boreal forests will shift northward available, we conclude that loss of Werber and Flannigan (1997, p. 157), into the area now characterized as habitat remains a threat to wood bison and Malmstro¨m and Raffa (2000, p. 36), subarctic (Rizzo and Wiken 1992, pp. in the foreseeable future. indicate that insect outbreaks increase 48–50; Rupp et al. 2002, p. 214). These an area’s susceptibility to fire ignition changes may favor the expansion of B. Overutilization for Commercial, and spread. suitable habitat for wood bison over the Recreational, Scientific, or Educational Since the mid-1980s, wildfire next century. Because one of the Purposes frequency in western forests has nearly anticipated outcomes under climate Overharvesting for the fur trade and quadrupled compared to the average change and the new fire regime is a westward expansion by Europeans frequency during the period 1970–1986. retraction of the southern boreal forest resulted in near extinction of wood The total area burned is more than six and expansion of grasslands, we bison by the late 1800s (Gates et al.

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26202 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

1992, pp. 143–145). Currently, the rate. Harvest from 1999 to 2007–2008 harvest of wood bison in British utilization of free-ranging, disease-free winter season ranged from 65 to 75 Columbia. wood bison populations is closely animals. In the 2008–2009 winter Under Canada’s SARA, all collection regulated and managed for season, the allowable harvest increased of listed species such as wood bison for sustainability. Under the SARA, a to 200 because the population scientific purposes is closely regulated. species listed as threatened may not be continued to grow under the old quota. Scientific research on disease, genetics, killed on Federal lands such as National Increased harvest is expected to restrict diet, and other aspects of wood bison Parks or National Wildlife Areas, except the movement of wood bison away from life history can and has been done using where permitted under a national their traditional range, address highway animals that have been legally taken by recovery strategy (GNT 2010, p. 10). safety concerns, and achieve bison hunters, animals that died through Harvest is used as a recovery management objectives (Government of natural factors, or road kill (e.g., Tessaro management tool to regulate herd size Yukon 2009, p. 1). Resident, non- et al. 1990, p. 175). Scientific research when other limiting factors, such as resident, and First Nations hunters are must relate to the conservation of the predation or disease, do not. Without required to have a permit to hunt wood species and be conducted by qualified harvest, herd size can expand beyond bison. Harvest regulations are strictly persons; the activity must benefit the the carrying capacity of the landscape, enforced by Yukon Department of species or enhance its chance of may grow to the point where overlap Environment conservation officers, survival in the wild. In addition, with either plains bison or diseased often in collaboration with local First activities affecting the species must be herds is more likely, or may expand into Nations Game Guardians. incidental to carrying out an otherwise areas such as highway rights-of-way. Hunting in the Hay-Zama herd began lawful activity. Researchers must Regulated harvest is allowed from the in 2008. Hunting was initiated to demonstrate awareness of the provisions disease-free Mackenzie herd, Nahanni regulate the population size, reduce of SARA, that measures are being taken herd (quota of two bison annually), the wood bison conflicts with humans in to minimize harm to listed species, and Aishihik herd, and the Hay-Zama herds the communities of Zama City and that the most effective measures for under permit systems controlled by the Chatey, reduce wood bison-vehicle minimizing harm are adopted. respective territorial wildlife agencies, collisions on two highways, and limit Commercial harvest of free-ranging and is managed on a conservative wood bison distribution eastward, wood bison does not occur and only a sustained-yield basis. The regulated preventing potential contact with small number of wood bison have been harvests for the Mackenzie, Aishihik, diseased bison from WBNP sporadically taken from disease-free and Hay-Zama herds are described (Government of Alberta 2010a, herds for display in zoos or wildlife below. unpaginated). Harvest removed 128 and parks. This occurs only when surplus Hunting of the Mackenzie wood bison 155 animals in the 2008–2009 and animals are available, and these surplus herd is regulated under a quota system 2009–2010 seasons, respectively animals have typically come from Elk based on population size, with (Government of Alberta 2010b, Island National Park (Gates et al. 2010, consideration given to Native unpaginated). Three hundred licenses p. 81). community interests in subsistence were issued each year, 200 to Aboriginal The wood bison was placed in hunting through a co-management hunters and 100 to recreational hunters. Appendix I of CITES on July 1, 1975, process with the Fort Providence Because the objectives of reducing herd when the treaty first went into effect. Resource Management Board. Regulated size and human conflicts have been met, CITES is an international agreement hunting was initiated in 1987. Non- the total number of licenses has been between governments to ensure that the resident hunting licenses were first reduced in the 2010–2011 season to 105 international trade of CITES-listed plant issued for the winter hunt in 1992– (Government of Canada 2010b, and animal species does not threaten 1993. The quota for resident and non- unpaginated). Based on the success rate their survival in the wild. There are residents has been adjusted over time of the past two seasons, approximately currently 175 CITES Parties (member based on herd size and community 50 animals will likely be harvested. It is countries or signatories to the input. The allowable quota for harvest estimated that a population objective of Convention). Under this treaty, CITES has never been taken and has ranged 400–600 wood bison can be sustained Parties regulate the import, export, and from 20 to 93.6 percent of the quota by harvesting approximately 60 to 70 reexport of CITES-listed plant and (Reynolds et al. 2004, p. 39). The animals per season (Government of animal species (also see discussion current annual allowable harvest is 118 Canada 2010b, unpaginated). under Factor D, below). Trade must be bison (http://www.justice.gov.nt.ca/ In addition to regulating herd size, authorized through a system of permits PDF/REGS/WILDLIFE/ harvest is also used to prevent the and certificates that are provided by the Big%20Game%20Hunting.pdf, viewed spread of bovine tuberculosis and designated CITES Scientific and January 23, 2012). brucellosis infection in wood bison. Management Authorities of each CITES Sport hunting is the primary method Under the Northwest Territories Big- Party (CITES 2010, unpaginated). of regulating the growth of the Aishihik Game Hunting Regulations, hunters may Species included in CITES Appendix I herd because natural predation on the shoot any bison sighted within the are considered threatened with herd is low. The Yukon Wood Bison Bison Control Area (BCA), an area extinction, and international trade is Technical Team provides advice on located between the WBNP diseased permitted only under exceptional wood bison management that is herd and the Mackenzie and Nahanni circumstances, which generally sensitive to local conditions (i.e., to disease-free herds. The goal is to reduce precludes commercial trade. remove wood bison from highway the risk of bovine tuberculosis and Beginning in 1993, the European rights-of-way, competition of bison with brucellosis infection of the Mackenzie Economic Community CITES Working other native ungulates) and consistent and Nahanni herds by removing Group authorized the import of wood with the National Wood Bison Recovery infected animals dispersing from WBNP bison trophies from the Mackenzie Plan (Yukon Environment 2009, p. 1). (see discussion under Factor C, below). population, one of the disease-free herds The annual allowable harvest is Thirteen bison were removed from the with regulated harvest. On September determined each year based on BCA in the mid-1990s (Nishi 2002, pp. 18, 1997, the wood bison was population size and calf recruitment 12–13). There is currently no authorized transferred to Appendix II of CITES

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26203

based on a proposal from Canada, which traded since the subspecies was transmitted bovine tuberculosis and described progress made in recovery transferred from Appendix II to brucellosis to them (FEAP 1990, p. 6; plan implementation (Government of Appendix I in 1997. Of these 235 live Gates et al. 1992, pp. 146–147). By the Canada 1997, entire). The United States specimens, 174 (74 percent) were late 1940s and early 1950s, the supported this change. Appendix II reported as captive-bred or captive born, population of wood bison in WBNP allows for regulated trade, including 13 (6 percent) were reported as ranched increased to between 12,500 and 15,000 commercial trade, as long as the specimens, and 48 (20 percent) were animals (Fuller, 1950, p. 450). From that exporting country issues a CITES permit reported as having been obtained from level, wood bison numbers began to based on findings that the specimen was the wild. There has been no trade in decline from 11,000 in 1971, to legally acquired and the export will not live, wild wood bison since 2006. approximately 2,300 by 1998 (Carbyn et be detrimental to the survival of the As a species listed in Appendix II of al. 1998, p. 464). The reasons for the species. CITES, commercial trade of wood bison population decline are not known with Data obtained from the United is allowed. However, the Appendix-II certainty, but disease, predation by Nations Environment Programme– listing requires that before an export can wolves, and habitat condition may all World Conservation Monitoring Center occur, a determination must be made have played a role (Carbyn et al. 1998, (UNEP–WCMC) CITES Trade Database that the specimens were legally pp. 467–468; Joly and Messier 2004, pp. show that, from July 1975, when the obtained (in accordance with national 1165–1166). Population numbers at wood bison was listed in Appendix I, laws) and that the export will not be WBNP have stabilized at about 4,000 to through 2009, a total of 23,344 detrimental to the survival of the 5,000 since 2002 (see Table 1, above). specimens of this subspecies were species in the wild. Because CITES Bovine tuberculosis and bovine reported to UNEP–WCMC as (gross) requires that all international shipments brucellosis receive special attention exports. Of those 23,344 specimens, 264 of wood bison must be legally obtained because they cause production losses in were live animals, 36 were skins, 10 and not detrimental to the survival of domestic animals, can potentially infect were skin pieces, 5 were bodies, 26 were the species, we believe that humans, and are required to be reported shoes, 21,300 were horn products, 461 international trade controlled via valid under the Canadian Food and were teeth, 46 were carvings, 5 were CITES permits is not a threat to the Inspection Agency’s (CFIA) Health of garments, 14 were leather products, species. Furthermore, we have no Animals Act and Regulations (FEAP 1,074 were scientific specimens, 31 information indicating that illegal trade 1990, p. 7). Although wildlife is not were trophies, 59 were parts of trophies is a threat to this species. under their jurisdiction, the CFIA (horns, skulls, bones, feet, tails, and recognizes the threat of reportable hair), and 13 were unspecified Summary of Factor B diseases to the commercial livestock specimens. An additional 1,930 It is possible that, with the ongoing industry and international trade. The kilograms of meat were reported as recovery actions, a status review of CFIA follows a strict testing and exports. wood bison in Canada could lead to eradication program for bovine In analyzing these data, it appears that delisting under SARA within the next tuberculosis and brucellosis in domestic several records may be over-counts due 10 years. If this were to happen, we animals, requiring that all infected to slight differences in the manner in expect that regulations for recreational animals and all exposed susceptible which the importing and exporting hunting, import of wood bison trophies, animals be destroyed (Canadian Food countries reported their trade. It is likely and permitting would change. Our Inspection Agency 2002, unpaginated). that the actual number of wood bison ability to predict how these changes Consequently, there is great concern specimens in international trade during would affect the status of the species is from the Canadian cattle industry, this period was 23,210, plus 1,074 limited; consequently, we can only which is currently recognized as kilograms of meat. Of the 23,210 reliably project for a short time into the disease-free, that disease will spread specimens, 264 were live animals, 34 future. from wood bison to domestic cattle were skins, 10 were skin pieces, 5 were Because harvest rates of free-ranging (GNT 2010, p. 8). The goal of the CFIA’s bodies, 26 were shoes, 21,300 were horn wood bison are based on sustainability, National Bovine Tuberculosis/ products, 461 were teeth, 46 were harvest is closely monitored and Brucellosis Eradication Program is to carvings, 4 were garments, 14 were regulated, scientific collecting is tightly detect and eradicate tuberculosis and leather products, 945 were scientific controlled, commercial harvest does not brucellosis in farmed animals in Canada specimens, 30 were trophies, 58 were occur in wild populations, and import in order to protect the health of food- parts of trophies (horns, skulls, bones, and export are controlled via CITES producing and companion animals, feet, tails, and hair), and 13 were permits, we have determined that safeguard human health, and safeguard unspecified specimens. the health of free-roaming wildlife. With the information obtained from overutilization for commercial, recreational, scientific, or educational Canada recognizes an obligation to the UNEP–WCMC CITES Trade detect, identify, report, and contain Database, 1,606 specimens and 1,910 purposes is not a threat to wood bison now or in the foreseeable future. important diseases in wildlife, kilograms of meat were reported in especially those with the potential to international trade since the wood bison C. Disease or Predation impact biodiversity, human and was transferred from Appendix II to livestock health, the environment, and Disease Appendix I in 1997. 1,398 of these the economy within and beyond their specimens (87 percent) were reported as In the early 1920s, 6,673 plains bison borders. imported into the United States and 20 were introduced into WBNP, Alberta, Wood bison in and around WBNP are (1 percent) were reported as exported Canada, where approximately 1,500 a reservoir for bovine brucellosis and from the United States. Also, 1,900 of disease-free wood bison resided (FEAP bovine tuberculosis. Because there is a the total of 1,910 kilograms of meat (99 1990, p. 6; Gates et al. 1992, pp. 146– risk that these diseases could spread to percent) were reported as imported into 147). Although initially separated by uninfected free-ranging bison herds or the United States. Of the 264 live wood fairly large distances, the plains bison to commercial cattle and bison bison reported in international trade eventually co-occurred and interbred operations, limits are placed on herd between 1975 and 2009, 235 were with the wood bison and also expansion to minimize the chance that

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26204 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

the diseased animals come into contact hunting. Within this area, all wood bison (see Table 1, above). Because of with either free-ranging, disease-free bison are legally protected under their distance from WBNP, the Aishihik herds, or with domestic cattle or bison Alberta’s Wildlife Act; outside of the and Chitek Lake herds are the most operations. In addition, the diseased area they are not protected and can be secure from disease. herds occupy suitable habitat that could hunted. The area outside of the Recovery and conservation efforts for be used for the establishment of disease- protected management area creates a wood bison emphasize the importance free herds of wood bison. Therefore, the large buffer zone between the disease- of preventing the spread of tuberculosis existence of diseased bison herds in and free Hay-Zama herd and the diseased and brucellosis to disease-free 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- vaccines for the treatment of animals in to contain herds long term, especially breeding herd, which has provided free-ranging populations. those in large areas (FEAP 1990, p. 29). healthy stock for several restoration The disease-free herds most at risk Consequently, a long-term, more projects (Gates et 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 herd under permit four courses of action to address the diseases and parasites that may threaten systems (as described above under diseased herds at WBNP. These actions the stability of wildlife populations Factor B), in part to prevent overlap were initially proposed by the Bison (Kutz et al. 2004, pp. 109, 114). with the 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 land-use restrictions on that climate change will accelerate the Government of the Northwest cattle grazing; and (4) phased pathogen development rates, lead to Territories implemented a program to elimination of the diseased herd and greater overwinter survival of reduce the risk of contact between 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, a Territories border and southern to domestic cattle, wood bison, and pathogen’s 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 2010 (GNT 2010, p. 9). prevent establishment of herds in the p. 23). Over 220 samples were received Wood bison appear most susceptible to management area (Nishi 2002, p. 6). No from harvested bison from the Hay- outbreaks when they are stressed, bison were observed in the area during Zama herd 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

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26205

susceptibility to anthrax (Dragon et al. of the recommendations would affect recovery of extirpated, endangered, or 1999, p. 212; Gates et al. 2010, p. 28). the status of the subspecies. threatened species; and to ensure that Although isolated anthrax outbreaks Predation by wolves is a natural threat species of special concern do not occur currently, it is possible that that will persist indefinitely into the become endangered or threatened. The outbreaks may become more frequent, future. Although diseased herds may be SARA also requires the development of become more widespread, or affect a more susceptible to predation, healthy recovery strategies and action plans for greater number of animals in the future. herds, which now represent covered species. In the SARA, the Thus far, anthrax outbreaks have approximately half of the free-ranging COSEWIC was established as the occurred sporadically when the wood bison, are not. As long as wolves scientific body that identifies and necessary factors have come together to are present on the landscape, they will assesses a species’ status; however, the affect portions of one herd at a time. present an ongoing, low level of threat, government makes the final decision on Anthrax is not currently having a especially to diseased herds. whether to list a species. population-level effect, and we do not The presence of disease in the largest Species such as wood bison that were have enough information to predict with potential donor population of wood designated as endangered or threatened confidence if anthrax will have a bison (WBNP herd) has limited the by the COSEWIC before SARA was population-level effect on wood bison in number of animals available for enacted had to be reassessed before the future as a result of climate change. establishing or augmenting herds being included on the official list of throughout the wood bison’s historical wildlife species under SARA. The wood Predation range and has removed otherwise bison is currently listed as a threatened Wolf predation can be a significant optimal habitat from consideration for species under Schedule 1 of SARA. The limiting factor for diseased populations expansion of wild populations. The National Recovery Plan for wood bison of wood bison (Reynolds et al. 1978, p. presence of reportable diseases will was published in 2001 (Gates et al. 581; Van Camp 1987, p. 25). Wood continue to lead to actions that impact 2001) and is currently under revision. bison were the principle food of two conservation, in particular restriction of As discussed in the Recovery Actions wolf packs from 1975 to 1977 in the herd expansion and the reintroduction section above, many recovery actions Slave River lowlands (Van Camp 1987, of herds in particular areas. Although have been implemented and more are in pp. 29, 32). Of the adult and subadult brucellosis and tuberculosis may limit progress. As discussed under Factor B wood bison that died in 1976–1977, wood bison population growth and (above), SARA requires permits for all scientific collection of listed species. wolves killed 31 percent; however, productivity in some herds, they are The SARA covers all species on hunters killed 39.3 percent (Van Camp unlikely to cause extirpation of any population (Bradley and Wilmshurst Federal lands such as national parks, 1987, p. 33). Joly and Messier (2004, p. national wildlife areas, Prairie Farm 1173) found that productivity of the 2005, p. 1204; Gates et al. 2010, p. 60), but when combined with predation, Rehabilitation Administration pastures, diseased WBNP herd was insufficient to aboriginal reserve lands, and military offset losses to both predation and herd size can be limited. Anthrax outbreaks occur sporadically when training areas. It prohibits the killing, disease, but that in the absence of either harming, harassing, or taking of factor, positive population growth was critical factors come together. Climate change could affect the frequency of extirpated, endangered, or threatened possible. Presence of disease likely species, and the destruction of their increased the killing success of wolves outbreaks if increased temperatures or drought cause increased levels of stress residences (e.g., nest or den) on Federal through bison debilitation (Joly and lands, except where permitted under a Messier 2004, p. 1174). Wood bison in the animals, especially during the rut. Because disease constrains and inhibits national recovery strategy (GNT 2010, p. evolved with wolves, and we have no 10). Because the recovery strategy full recovery of the species, until a data showing that predation by wolves includes managing herd size for the solution for the diseased animals at is limiting the recovery of any of the health of the habitat and herds (Gates et WBNP is found, or effective vaccines are disease-free herds or would cause the al. 2001, pp. 35–39), is discovered and used, disease will extirpation of a herd (ADF&G 2007, p. allowed under a quota system in the continue to be a threat to wood bison 98). Nahanni, MacKenzie, and Aishihik now and in the foreseeable future. Summary of Factor C herds (described above under Factor B). D. The Inadequacy of Existing The Northwest Territories Big Game The presence of disease and diseased Regulatory Mechanisms Hunting Regulations consider bison in herds is recognized as a factor limiting the Slave River Lowlands to be hybrids, recovery (Mitchell and Gates 2002, p. Canada’s Federal Regulatory which General Hunting License holders 12). The effectiveness of current Mechanisms may hunt without limit or closed management actions such as The first protective legislation for season. In the Yukon, the Aishihik herd maintaining spatial separation between wood bison, making it illegal for anyone size is managed through hunting. In diseased and disease-free herds by to molest the species, was passed by the Alberta, Hay-Zama herd size is managed limiting herd size is yet to be Canadian Government in 1877, but not by hunting to reduce the likelihood that determined over long timeframes. until the law was enforced beginning in the herd will come into contact with Research is continuing on creation of 1897 did the population increase (Soper animals from WBNP (GNT 2010, p. 7). disease-free herds. No effective vaccines 1941, pp. 362–363; Gates et al. 2001, p. Habitat protection within the range of exist for brucellosis, tuberculosis, or 12). the Mackenzie bison herd is facilitated anthrax for free-ranging populations. In Canada’s Species at Risk Act (SARA), through the SARA and the Mackenzie addition, although recommendations for enacted on December 12, 2002, became Valley Resource Management Act of the management of the diseased herds fully effective on June 1, 2004, and is 1998. Although the Mackenzie Valley in and around WBNP have been the Canadian counterpart to the U.S. Resource Management Act does not suggested (FEAP 1990, p. 2), they have Endangered Species Act. The purpose of specifically provide protection to wood not yet been implemented, it is SARA is to prevent listed wildlife bison, it did create a Land and Water unknown if they will be implemented, species from becoming extinct or lost Board (LWB), which is given the power and it is unknown how implementation from the wild (extirpated); to help in the to regulate the use of land and water,

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26206 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

including the issuance of land use protection of wood bison. Habitat legislation (Canada National Parks Act, permits and water licenses. The LWB’s protection of 44,807 km2 (17,300 mi2) 2000). National parks are protected by Environmental Impact Review Board is within WBNP occurs through the Federal legislation from all forms of the main instrument in the Mackenzie Canada National Parks Act, the purpose extractive resource use such as mining, Valley for the examination of the of which is to maintain or restore the forestry, agriculture, and sport hunting. environmental impact of proposed ecological integrity of parks, through the Only activities consistent with the developments. The LWB’s Land Use protection of natural resources and protection of park resources are Planning Board is given the power to natural processes. With respect to a allowed. Efforts are directed at develop land use plans and to ensure park, ecological integrity means a maintaining the physical environment that future use of lands is carried out in condition characteristic of its natural in as natural a state as possible. Sport conformity with those plans. As described below, several wood region, including abiotic (nonliving) hunting is prohibited; however, bison herds occur wholly or partially in components and the composition and traditional subsistence-level harvesting National Parks, ecological reserves, or abundance of native species and by First Nations is allowed in some Provincial Parks (Table 2). In 1922, biological communities. Renewable areas as long as the resources are WBNP was established in Alberta and harvest activities can be regulated or conserved (The Canadian Encyclopedia the Northwest Territories for the prohibited, and is enforced through this 2010a, unpaginated).

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. Nahanni ...... Northwest Territories, southeast Yukon, None identified, but occupied habitat is government- northeast British Columbia. owned. Nordquist ...... British Columbia ...... Portage Brule Rapids Ecological Reserve, Smith River Ecological Reserve, Smith River Falls–Fort Halkett Park, Corridor Park, Liard River Hotsprings Park, Liard River West Corridor Park, Liard River Corridor Protected Area, Hyland River Park, Muncho Lake Park, and Milligan Hills Park. Etthithun ...... British Columbia. Chitek Lake ...... Manitoba ...... Chitek Lake Reserve. Free-ranging, diseased herds: Wood Buffalo National Park ...... Alberta, Northwest Territories ...... Wood Buffalo National Park.

Ecological reserves are established in the boundaries of the park or ecological proposed development or the part for the protection of rare and reserve. acceptability of its impacts. This endangered plants and animals in their The Federal Environmental legislation ensures that any projects natural habitat; preservation of unique, Assessment and Review Process (EARP) conducted on Canada’s government- rare, or outstanding botanical, was introduced in Canada in 1973. In owned lands, including National Parks, zoological, or geological phenomena; 1995, the Canadian Environmental are carefully reviewed before Canadian and perpetuation of important genetic Assessment Act replaced EARP and authorities take action so that projects resources. Research and educational strengthened the Environmental Impact do not cause significant adverse functions are the primary uses for Assessment (EIA). The Canadian environmental effects, including areas ecological reserves, but are open to the Environmental Assessment Act outlines surrounding the project. It encourages public for non-consumptive, responsibilities and procedures for the Canadian authorities to take actions that observational uses. Plans are developed EIA of projects for which the Canadian promote sustainable development by the Ministry of Environment to Government holds decision-making (Canadian Environmental Assessment provide protection and management to authority. The purposes of EIAs are to Agency 2010, unpaginated). If a project ensure long-term maintenance. Resource minimize or avoid adverse is likely to cause significant adverse use, such as tree cutting, hunting, environmental effects before they occur environmental effects that cannot be fishing, mining, domestic grazing, and to incorporate environmental justified in the circumstances, even after camping, lighting of fires and removal of factors into decision making. All taking into account appropriate materials, plants or animals, and the use projects in National Parks must have an mitigation measures, the project will not of motorized vehicles are prohibited EIA. An EIA is also required under the be carried out in whole or in part (British Columbia 2010, unpaginated). law of the provinces and territories. (Canadian Environmental Assessment Although there are numerous parks Municipalities and corporations are Act (20)(b) and (37)(b)). and ecological reserves throughout the subject to the EIA requirements of their Canada’s Provincial and Territorial range of the wood bison, these areas do respective provincial, territorial, or land Regulatory Mechanisms not necessarily encompass all of the claim jurisdictions, and are also subject individuals of a herd. Individuals to the Canadian Environmental Provincial and territorial governments frequently move into and out of these Assessment Act if the Canadian within Canada can use the Wild Animal areas; therefore, wood bison herds are Government holds some decision- and Plant Protection and Regulation of only afforded protection while within making authority concerning the International and Interprovincial Trade

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26207

Act (WAPPRIITA) to control transport of Other Canadian Regulatory Mechanisms expanding. The presence of plains bison wood bison across their borders. This Although there is tight control over within the historical range of wood law applies to wood bison because it is the transmission of disease across the bison increases the probability that on the CITES control list (CITES is Canadian border, control of disease wood bison will come into contact with discussed below, under ‘‘International within Canada is more challenging. As them. Ranchers are most likely highly Regulatory Mechanisms’’). The explained above (Factor C), there is a motivated by economics to prevent the WAPPRIITA prohibits the import, program to detect and eradicate escape of their animals and to recapture export, and interprovincial tuberculosis and brucellosis in farmed them if they do escape. It is unlikely transportation of CITES-listed species or animals in Canada in order to protect that additional government regulations any Canadian species whose capture, the health of food-producing and would improve on this basic incentive; possession, and transportation are companion animals, safeguard human therefore, although there may not be regulated by provincial or territorial health, and safeguard the health of free- specific regulations regarding how plains bison should be contained, such laws, unless the specimens are roaming wildlife. In addition, buffer accompanied by the appropriate regulations are not viewed as necessary zones in which dispersing animals may documents (licenses, permits). In all or effectual. As mentioned above, buffer be harvested have been created around cases, the WAPPRIITA applies to the zones are not ideal for preventing the the diseased herds to reduce the risk of animal, alive or dead, as well as to its movement of free-ranging bison. Thus, bovine tuberculosis and brucellosis parts and any derived products although regulations are in place by infection of the Mackenzie and Nahanni (Environment Canada 2010, p.1). which the Pink Mountain plains bison herds, which are most at risk from In addition to national-level herd (a free-ranging herd) can be infection from animals at WBNP. In legislation that provides protection to managed, and there is no indication that addition, the Governments of the wood bison, there is also protection at they have not been effective, they may the provincial level. Alberta, the Northwest Territories, Alberta, and not be 100 percent effective in Northwest Territories, British Columbia, British Columbia have designated preventing hybridization in the future Manitoba, and the Yukon Territory management zones to reduce the risk of because of the difficulty of managing classify wood bison as wildlife, which dispersing animals transmitting disease wild animals over large areas of forested is the property of the provincial or to disease-free herds in their provinces. landscape. territorial government. In 1995, the However, as noted above, buffer zones Government of Alberta established a are not ideal for preventing the spread U.S. Regulatory Mechanisms Wildlife Management Area to protect of disease because they are sporadically In the United States, as an endangered the Hay-Zama herd and listed the wood patrolled and imperfectly enforced. species under the Act, pure wood bison bison as endangered within the Existing regulations and policies can be imported only by permit for protected area under the Alberta address the transmission of disease scientific research or enhancement of Wildlife Act (Gates et al. 2010, p. 71). within Canada, but it is impossible to propagation or survival of the species. In this area, all wood bison are legally regulate the movement of wild animals Wood/plains bison hybrids, however, protected from hunting; outside of the across a large, mostly uninhabited are not protected by the Act and can be area they are not protected. landscape. Thus, we conclude that imported if the required CITES Foreign The Northwest Territories Wildlife regulatory mechanisms are in place to Export Permits are obtained from Act enables the Minister of Environment minimize the spread of disease but Canada prior to the import. When the and Natural Resources to prohibit the because of the difficulty in containing wood bison is reclassified to threatened importation of any wildlife into the herds of wild animals, the mechanisms (see DATES, above), import of trophies Northwest Territories without a permit. are inadequate to prevent the spread of legally taken and properly permitted This prohibits uncontrolled importation disease. can also occur. Because of the of plains bison. In May 1964, wood Under Factor E, we conclude that loss regulations in place in Canada for all bison were declared in danger of of genetic integrity through hunts and the permits required for becoming extinct under the Northwest hybridization is a threat to wood bison. import and export under CITES, we do Territories Act and are now designated Preventing hybridization between plains not anticipate that reclassification will as a protected species in the Northwest bison and free-roaming wood bison is a cause any increase in the number of Territories. As such, sport hunting and goal of the recovery plan and is animals killed or have any effect on the subsistence hunting by aboriginal important to the conservation of the herds that are hunted. people may occur, but is regulated. subspecies (Gates et al. 2001, p. 33). Wood bison are on British Columbia’s There is one free-ranging plains bison International Regulatory Mechanisms Red List of species and subspecies that herd in Canada, in British Columbia, The wood bison is listed on Appendix are candidates for legal designation as which was established as a result of the II of CITES. CITES, an international endangered or threatened under the plains bison escaping from their treaty among 175 nations, including Wildlife Act (Harper 2002, p. 3). Wood enclosure. Preventing interbreeding Canada and the United States, became bison are an endangered species under between free-ranging plains bison and effective in 1975. In the United States, the Yukon Act, a ‘‘specially protected wood bison is a management objective CITES is implemented through the U.S. species’’ under the Wildlife Act (Yukon in British Columbia and is Endangered Species Act. The Secretary legislation), and are listed as protected accomplished by maintaining a large of the Interior has delegated the under Manitoba’s Wildlife Act. Bison physical separation between the herds Department of the Interior’s are considered domestic when held in and having a management zone around responsibility for CITES to the Director captivity under permit or license for the plains bison herd that allows harvest of the Service and established the CITES game farming purposes. If a wood bison of plains bison within this zone (Harper Scientific and Management Authorities escapes captivity, the provincial or et al. 2000, p. 23). to implement the treaty. territorial government acquires As discussed earlier under Factor A, CITES provides varying degrees of ownership of the animal, and it, plains bison presence on the landscape protection to more than 32,000 species therefore, becomes protected (Harper is increasing and commercial plains of animals and plants that are traded as and Gates 2000, p. 919). bison operations in Canada are whole specimens, parts, or products.

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26208 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

Under this treaty, member countries E. Other Natural or Manmade Factors Spring flooding in the Peace- work together to ensure that Affecting Its Continued Existence Athabasca River Delta in 1958, 1961, international trade in animal and plant and 1974 killed approximately 500, Accidental Mortality species is not detrimental to the survival 1,100, and 3,000 wood bison, of wild populations by regulating the Because bison follow linear respectively (Reynolds et al. 2003, p. import, export, and reexport of CITES- landmarks and prefer open areas, 1029). Autumn flooding in the same listed animal and plant species (USFWS vehicles on roads and other linear area in 1959 killed an estimated 3,000 2010, unpaginated). Under CITES, a developments, such as railroad lines, wood bison (Reynolds et al. 2003, p. species is listed on an Appendix and present a hazard to wood bison. 1029). This region is within WBNP receives varying levels of regulation of Collisions with vehicles are the largest where the diseased herds reside. Most international trade through permit and source of known mortality for likely a small number of animals drown certification requirements depending individuals in the Hay-Zama herd each year when caught by floods or upon the particular Appendix in which (Mitchell and Gates 2002, p. 9). For the when they break through ice (Soper the species is listed (CITES 2010b, Nordquist herd, vehicle collisions are a 1941, p. 403; Larter et al. 2003, p. 411). unpaginated). CITES Appendix-II significant mortality factor (Wildlife Large drowning events have not been species are not necessarily considered to Collision Prevention Program. 2010, pp. documented from other rivers, and no be threatened with extinction now but 22–23). The herd was established in the large mortality events have been may become so unless trade in the Nordquist Flats area, near the Liard documented in recent years. Drowning species is regulated. Appendix II allows River in northeastern British Columbia; is also recognized as a cause of mortality for regulated trade, including however, individuals, and then the in the Chitek Lake, Mackenzie, and commercial trade, as long as the majority of the herd, moved to the Nahanni herds (Larter et al. 2003, p. exporting country issues a CITES permit Alaska Highway corridor. In January 411). Because mortality due to drowning based on findings that the specimen was 2007, a limited aerial survey counted 97 typically affects only a portion of a herd legally acquired and the export will not wood bison, all of which were on the and herd sizes are increasing (see Table be detrimental to the survival of the highway right-of-way, except for four 1, above), drowning does not appear to species. As discussed above under bulls, which were observed within 500 be having a population-level effect on Factor B, we do not consider m (1,640 ft) of the road (Reynolds et al. wood bison. international trade to be a threat 2009, p. 6). Three of 15 wood bison Although wood bison are hardy and introduced to the Etthithun Lake area in impacting the wood bison. Therefore, very cold tolerant (Gates et al. 2010, p. 1996 were killed in collisions with protection under this treaty is an 24), above-average snowfall, long industrial road traffic during the first adequate regulatory mechanism. periods of sub-zero temperatures, and winter (Harper and Gates 2000, p. 921). midwinter thaws followed by freezing Summary of Factor D The Yukon government has a ‘‘bison- can cause mortality. Such severe winter free’’ policy in the vicinity of the Alaska conditions reduce forage availability The wood bison is currently protected Highway that includes deterrence, (Reynolds et al. 2003, p. 1030). Rain-on- through a variety of regulatory capture, and ultimately the destruction snow events can also form an ice layer mechanisms, and we anticipate those of problem animals (Yukon Fish and that creates a barrier to forage for protections to continue. The wood bison Wildlife Co-management undated, p. 1). herbivores (Putkonen 2009, p. 221). and its habitat is protected by Canadian During the growth phase of the Aishihik Freezing rain in autumn that causes Federal, provincial, and territorial law. herd from 1988 to 1993, 49 wood bison ground-fast ice to form before snow Internationally, its trade is regulated by were removed from the Alaska Highway cover accumulates, ice layering in the CITES. International trade is limited to right-of-way because of vehicle snow cover, crusting of the snow, and animals surplus to recovery needs in collisions and problem wildlife the formation of ground-fast ice in Canada, as determined under guidance complaints (Boyd 2003, p. 187). Of spring increase the energy required to of the National Wood Bison Recovery these, 36 were captured and moved to obtain forage or make forage Team. In the United States, activities a game farm, 8 were killed in collisions, unobtainable (Gunn and Dragon 2002, p. involving wood bison are regulated by and 5 were intentionally killed (Wildlife 58). Soper (1941, pp. 403–404) recounts the Endangered Species Act, and with Collision Prevention Program 2010, several stories in which excessive reclassification, they will continue to be unpaginated). From 1989 to 2007, snowfall caused mass mortalities of regulated. Federal agencies will need to collisions with vehicles killed from 1 to wood bison, and Van Camp and Calef consult with the Service on activities 30 wood bison annually from three (1987, p. 23) report that 33 percent of within the United States that may affect herds combined in the Northwest the diseased wood bison herd in the the species, and Federal permits will be Territories; fewer than 10 were killed Slave River lowlands was lost during required for scientific collection or any annually in 11 of the 18 years (Wildlife the severe winter of 1974–1975. other form of take. Collision Prevention Program 2010, Starvation in bad winters is recognized Disease and hybridization have been unpaginated). as a source of mortality for wood bison identified as threats to wood bison. Because of continued or increased in the Chitek Lake herd. We have no Although buffer zones have been resource development, tourism, and off- information indicating that starvation is established and regulations road vehicle use, it is anticipated that having a population-level effect on any implemented for the management of the mortality from collisions with vehicles of the herds currently. buffer zones to minimize the potential will be a source of individual mortality Rain-on-snow events may increase in of disease spread and hybridization, for several populations. Because the face of climate change (Rennert et al. buffer zones have limitations and are an mortality from road collisions 2009, p. 2312). A doubling of carbon imperfect means by which to prevent represents a small portion of the total dioxide is estimated to cause a 40 animal movement. Therefore, we subspecies population, and efforts are percent increase in the area impacted by conclude that existing regulatory made to reduce bison/highway conflicts, rain-on-snow events in the Arctic by mechanisms are inadequate to this source of mortality is not expected 2080 (Rennert et al. 2009, p. 2312). completely protect wood bison from to have a significant impact at the Rain-on-snow events may become more these threats. subspecies population level. prevalent primarily in northwestern

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26209

Canada, Alaska, and eastern Russia originating from these founders are It is recognized that genetic diversity in (Rennert et al. 2009, p. 2312). We have genetically more similar to one another wood bison is relatively low, and that no reports that rain-on-snow events than they are to plains bison (van Zyll the herds must be managed to maintain have led to the deaths of bison, but they de Jong et al. 1995, pp. 401–404; Wilson genetic diversity. Loss of genetic could be susceptible to starvation by and Strobeck 1999, p. 493). Although diversity is a factor that may limit the such events. recovery actions emphasize maintaining ability of wood bison to adapt to the genetic integrity of wood bison (i.e., changing conditions in the future, but Genetic Issues recovery goal number 3) (Gates et al. the magnitude of that limitation, if it Genetic diversity in wood bison has 2001, p. 33), as discussed earlier under exists, is unknown. Lack of genetic been reduced through the large historic Factor A, the presence of plains bison diversity is potentially limiting over the reduction in overall population size and on the landscape is increasing. long term, depending on the magnitude the starting of new populations with Commercial plains bison operations in of environmental change wood bison very few individuals (founder effect). Canada are expanding, and the Pink may face. Because no effects of Genetic diversity is the primary means Mountain plains bison herd was inbreeding have been documented and by which organisms can adapt to established in British Columbia as a management actions have been shown changing environmental conditions over result of plains bison escaping from an to be effective, we conclude that loss of time. Low levels of genetic diversity can enclosure. The commercial plains bison genetic diversity is not a threat to wood reduce the ability of a population to operations and plains bison herds bison now or in the foreseeable future. respond to environmental changes. remove potential habitat for wood bison, Hybridization with plains bison is a Current wood bison herds were and the presence of plains bison within threat that most likely will increase in established from relatively few founders the historical range of wood bison the future. Because of consumer (Wilson and Strobeck 1999, pp. 484– increases the probability that wood demand for bison meat, we expect 486). For example, the Elk Island bison will come into contact with them. commercial bison production will National Park herd was started from 11 For these reasons, loss of genetic continue to expand, removing suitable individuals, and the Mackenzie herd integrity through hybridization is a habitat for wood bison recovery herds, was started from 16 (Gates et al. 1992, threat to wood bison and will remain so and increasing the probability that p. 150; Wilson and Strobeck 1999, p. in the foreseeable future. escaped plains bison will be free on the 494). Inbreeding, the mating of related landscape. Hybridization is a threat to Summary of Factor E individuals, can lead to lower fecundity, wood bison now and in the foreseeable increased abnormalities, reduced Accidental mortality typically occurs future. growth rates, and other issues. Although randomly and cannot be predicted. We inbreeding is more likely to occur in expect accidents to continue at the same Finding small herds or in herds that are isolated, rate and scale as they have in the past, As required by the Act, we considered it has not been documented in wood into the future, but only expect this to the five factors in assessing whether the bison. Starting new populations with affect individuals and not be significant wood bison is endangered or threatened multiple groups of animals is one way enough to affect the species as a whole. throughout all or a significant portion of to avoid or minimize the founder effect Relative to genetic diversity, inbreeding its range. We reviewed the petition, as was done in the establishment of the in wood bison has not been information available in our files, Aishihik and Nahanni herds. Moving documented, and management actions comments and information we received disease-free animals from one herd to are in place to prevent further loss of after the publication of our 90-day another is another method to maintain genetic diversity. The status of genetic finding (74 FR 5908, February 3, 2009), genetic diversity. One of the wood bison issues relating to hybridization could comments and information we received recovery goals is to ensure that the change relatively rapidly, especially if after the publication of our proposed genetic integrity of wood bison is plains bison were to escape from rule to reclassify wood bison (76 FR maintained. Because no effects of captivity in close proximity to a wood 6734, February 8, 2011), and other inbreeding have been documented and bison herd. Currently, free-ranging available published and unpublished management actions have been shown wood bison and plains bison herds are information. We also consulted with to be effective, we conclude that loss of widely separated from one another, but recognized experts. We have carefully genetic diversity is not a threat to wood as herd size grows, the separation assessed the best available scientific and bison now or in the foreseeable future. shrinks, increasing the odds that they commercial data regarding the past, Hybridization occurs when may come into contact with one present, and future threats faced by individuals from genetically distinct another. Furthermore, bison are difficult wood bison. We found that threats to groups such as wood bison and plains animals to contain, they can travel long wood bison are still present in factors A, bison interbreed. The introduction of distances, and the wood and plains C, D, and E. Habitat loss has occurred plains bison to WBNP in the 1920s put bison can readily interbreed. from agricultural development, and we the two distinct subspecies in contact In summary, accidental mortality will expect losses will continue in concert with each other and threatened the continue to occur regularly, primarily with human growth and expansion of genetic purity of wood bison (Gates et through collisions with vehicles and agriculture, including commercial bison al. 2010, p. 17). The discovery of an drowning. In addition, climate change production. The presence of bovine isolated subpopulation of wood bison in may create localized weather conditions brucellosis and bovine tuberculosis 1957, and subsequent translocation of such as above-average snowfall, long constrains herd growth as: Managers individuals, created the Mackenzie and periods of sub-zero temperatures, or attempt to maintain physical separation Elk Island National Park herds, which ground-fast ice formation that can lead between diseased and disease-free wood were thought to be pure wood bison. to winter mortality of portions of herds. bison and cattle herds, the diseased Genetic analysis has indicated that these Given the number of herds and their herds are occupying habitat that could bison did have limited contact with wide distribution across the landscape, be restored with disease-free herds, and plains bison, but it was minimal enough we conclude that accidental mortality disease in the largest potential donor that the animals exhibit predominantly and starvation are not threats to wood population (WBNP herd) prevents those wood bison traits and wood bison herds bison now or in the foreseeable future. animals from being used in

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26210 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

reintroduction projects. Plains bison are tuberculosis, or anthrax for free-ranging ensure that activities they authorize, commercially produced in historical populations. In addition, although fund, or carry out are not likely to wood bison habitat. These operations recommendations for the management jeopardize the continued existence of remove potential habitat from wood of the diseased herds in and around the species or destroy or adversely bison recovery efforts, and the escape of WBNP have been suggested (FEAP 1990, modify its critical habitat. However, plains bison poses a threat to wood p. 2), they have not yet been given that there are no wild populations bison because of hybridization and the implemented, it is unknown if they will of wood bison in the United States, loss of genetic integrity. Finally, we be implemented, and it is unknown how critical habitat is not being designated found that regulatory mechanisms are implementation of the for this species under section 4 of the inadequate to prevent disease recommendations would affect the Act. transmission and hybridization within status of the subspecies. Therefore, we Section 8(a) of the Act authorizes Canada. have determined that the wood bison limited financial assistance for the In addition to the five-factor analysis, meets the definition of threatened under development and management of we took into consideration the the Act. Consequently, we are programs that the Secretary of the conservation actions that have occurred, reclassifying the wood bison’s listing Interior determines to be necessary or are ongoing, and are planned. Since status from endangered to threatened useful for the conservation of listing, the subspecies’ status has with this rule. endangered and threatened species in improved as a result of the following: In our February 8, 2011, proposed foreign countries. Sections 8(b) and 8(c) • Enactment and enforcement of rule (76 FR 6734), we determined that of the Act authorize the Secretary to national and international laws and the Aishihik and Chitek Lake herds are encourage conservation programs for treaties have minimized the impacts of discrete under our Distinct Vertebrate foreign endangered species and to hunting and trade. Population Segment policy (61 FR 4722, provide assistance for such programs in • Reintroduction of disease-free herds February 7, 1996), but are not the form of personnel and the training has increased the number of free- significant, and therefore, did not of personnel. ranging herds from 1 population of 300 qualify as a distinct population segment. The Act and its implementing in 1978, to 7 populations totaling 4,414 In that proposed rule, we also regulations set forth a series of general bison in 2008. considered whether there is a significant prohibitions and exceptions that apply • Diseased and disease-free, free- portion of the range where the wood to all endangered and threatened ranging populations are stable or bison is in danger of extinction and did wildlife. As such, these prohibitions are, increasing. not identify any area or herd whose loss and will continue to be when this rule In sum, the continued reintroduction would result in a decrease in the ability is effective (see DATES, above), of disease-free herds, the ongoing to conserve the species as a whole. applicable to the wood bison. These development and updating of Consequently, as described in the prohibitions, under 50 CFR 17.21 (50 management plans, the active proposed rule, we are not listing a CFR 17.31 for threatened wildlife management of herds, the ongoing distinct population segment of wood species), make it illegal for any person research, and the protections provided bison and we have not identified a subject to the jurisdiction of the United by laws and protected lands provide portion of the range that is so significant States to ‘‘take’’ (take includes harass, compelling evidence that recovery to the species that threats there imperil harm, pursue, hunt, shoot, wound, kill, actions have been successful in the species as a whole. trap, capture, collect, or to attempt any reducing the risk of extinction of these) within the United States or associated with the threats identified. Available Conservation Measures upon the high seas, import or export, We anticipate that continued growth Conservation measures provided to deliver, receive, carry, transport, or ship and expansion of the herds would species listed as endangered or in interstate or foreign commerce in the further reduce the risk of extinction in threatened under the Act include course of a commercial activity, or to the future. recognition, requirements for Federal sell or offer for sale in interstate or The primary factor that led to the protection, and prohibitions against foreign commerce, any endangered listing of the wood bison was the small certain practices. Recognition through wildlife species. It also is illegal to number of free-ranging, disease-free listing results in public awareness, and possess, sell, deliver, carry, transport, or animals on the landscape. However, the encourages and results in conservation ship any such wildlife that has been trend today is towards increasing actions by Federal governments, private taken in violation of the Act. Certain numbers of disease-free herds and agencies and groups, and individuals. exceptions apply to agents of the population sizes. We find that the The Act encourages cooperation with Service and State conservation agencies. threats identified under factors A, C, D, the States and requires that recovery We may issue permits to carry out and E, when combined with the actions be carried out for all listed otherwise prohibited activities increase in number of herds and species. The protection measures involving endangered and threatened population sizes, ongoing active required of Federal agencies and the wildlife species under certain management, and protections provided prohibitions against certain activities circumstances. Regulations governing by laws, are not of sufficient are discussed, in part, below. permits are codified at 50 CFR 17.22 for imminence, intensity, or magnitude to Section 7(a) of the Act, as amended, endangered species, and at 50 CFR indicate that the wood bison is and as implemented by regulations at 50 17.32 for threatened species. With presently in danger of extinction. The CFR part 402, requires Federal agencies regard to endangered wildlife, a permit wood bison therefore no longer meets to evaluate their actions within the must be issued for the following the definition of endangered under the United States or on the high seas with purposes: for scientific purposes, to Act. However, threats to wood bison respect to any species that is proposed enhance the propagation or survival of still exist and will likely continue into or listed as endangered or threatened, the species, and for incidental take in the foreseeable future. In particular, and with respect to its critical habitat, connection with otherwise lawful there are no easy solutions for dealing if any is being designated. If a species activities. For threatened species, a with the diseased animals. No effective is listed subsequently, section 7(a)(2) of permit may be issued for the same vaccines exist for brucellosis, the Act requires Federal agencies to activities, as well as zoological

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations 26211

exhibition, education, and special commercial activity, the section 9(c)(2) References Cited ESA exemption would typically apply purposes consistent with the Act. A complete list of the references cited to the import of sport-hunted trophies, is available at http:// Effects of This Rule provided that all other requirements of www.regulations.gov at Docket No. section 9(c)(2) of the ESA are met. This final rule revises 50 CFR 17.11(h) FWS–R9–IA–2008–0123 or upon to reclassify the wood bison from Under section 7 of the Act, Federal request from the Alaska Regional Office endangered to threatened. This rule agencies must ensure that any actions (see ADDRESSES). formally recognizes that this species is they authorize, fund, or carry out are not no longer presently in danger of likely to jeopardize the continued Author extinction throughout all or a significant existence of the wood bison. Because no The primary author of this rule is portion of its range. However, this free-ranging herds of wood bison occur Marilyn Myers, Ph.D., Fisheries and reclassification does not significantly in Alaska or any other State, we do not Ecological Services, Alaska Regional change the protection afforded this anticipate that there will be an Office, 1011 E. Tudor Road, Anchorage, species under the Act. The regulatory additional regulatory responsibility AK 99503; 907–786–3559. protections of section 9 and section 7 of because of this rule. List of Subjects in 50 CFR Part 17 the Act remain in place. Anyone taking, Required Determinations attempting to take, or otherwise Endangered and threatened species, possessing a wood bison, or parts Paperwork Reduction Act Exports, Imports, Reporting and thereof, in violation of section 9 of the recordkeeping requirements, Act is still subject to a penalty under This rule does not contain any new Transportation. section 11 of the Act, unless their action information collections or Regulation Promulgation is covered under a special rule under recordkeeping requirements for which section 4(d) of the Act. We are not Office of Management and Budget Accordingly we amend part 17, currently publishing a special rule (OMB) approval is required under the subchapter B of chapter I, title 50 of the under section 4(d) of the Act for the Paperwork Reduction Act of 1995 (44 Code of Federal Regulations, as set forth wood bison at this time. However, U.S.C. 3501 et seq.). We may not below: section 9(c)(2) of the ESA sets out an conduct or sponsor, and a person is not exemption to the general import required to respond to, a collection of PART 17—[AMENDED] prohibition for threatened, Appendix-II information unless it displays a ■ wildlife, both live and dead, when: (1) currently valid OMB control number. 1. The authority citation for part 17 continues to read as follows: The taking and export meet all National Environmental Policy Act provisions of CITES; (2) all other import Authority: 16 U.S.C. 1361–1407; 16 U.S.C. and reporting requirements under We have determined that we do not 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– section 9 of the ESA are met; and (3) the need to prepare an environmental 625, 100 Stat. 3500; unless otherwise noted. import is not made in the course of a assessment or environmental impact ■ 2. Amend § 17.11(h) by revising the commercial activity. Since the wood statement, as defined under the entry for ‘‘Bison, wood’’ under bison is currently listed in Appendix II authority of the National Environmental MAMMALS in the List of Endangered of CITES, upon the effective date of this Policy Act of 1969 (42 U.S.C. 4321 et and Threatened Wildlife to read as publication, and the reclassification of seq.), in connection with regulations follows: the wood bison from endangered to adopted pursuant to section 4(a) of the threatened, this ESA exemption is Endangered Species Act. We published § 17.11 Endangered and threatened generally applicable. Because a sport- a notice outlining our reasons for this wildlife. hunted trophy is not a specimen determination in the Federal Register * * * * * obtained or imported in the course of a on October 25, 1983 (48 FR 49244). (h) * * *

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES 26212 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations

Species Vertebrate population where Critical Special Historic range endangered or Status When listed habitat rules Common name Scientific name threatened

MAMMALS

******* Bison, wood ...... Bison bison Canada, Alaska ...... Entire ...... T 3,803 NA NA athabascae.

*******

Dated: April 24, 2012. FOR FURTHER INFORMATION CONTACT: Administrator for Fisheries, NOAA, Daniel M. Ashe, Steve Whitney, 907–586–7269. (AA) finds good cause to waive the Director, U.S. Fish and Wildlife Service. SUPPLEMENTARY INFORMATION: NMFS requirement to provide prior notice and [FR Doc. 2012–10635 Filed 5–2–12; 8:45 am] manages the groundfish fishery in the opportunity for public comment BILLING CODE 4310–55–P BSAI exclusive economic zone pursuant to the authority set forth at 5 according to the Fishery Management U.S.C. 553(b)(B) as such a requirement Plan for Groundfish of the Bering Sea is impracticable and contrary to the DEPARTMENT OF COMMERCE and Aleutian Islands Management Area public interest. This requirement is (FMP) prepared by the North Pacific impracticable and contrary to the public National Oceanic and Atmospheric Fishery Management Council under Administration interest as it would prevent NMFS from authority of the Magnuson-Stevens responding to the most recent fisheries Fishery Conservation and Management 50 CFR Part 679 data in a timely fashion and would Act. Regulations governing fishing by delay the closure of the Atka mackerel [Docket No. 111213751–2102–02] U.S. vessels in accordance with the FMP fishery in the CAI for vessels appear at subpart H of 50 CFR part 600 participating in the BSAI trawl limited RIN 0648–XC013 and 50 CFR part 679. The A season allowance of the 2012 access fishery. NMFS was unable to Fisheries of the Exclusive Economic publish a notice providing time for Zone Off Alaska; Atka Mackerel in the Atka mackerel TAC, in the CAI, allocated to vessels participating in the public comment because the most Bering Sea and Aleutian Islands recent, relevant data only became Management Area BSAI trawl limited access fishery was established as a directed fishing available as of April 27, 2012. The AA AGENCY: National Marine Fisheries allowance of 476 metric tons by the also finds good cause to waive the 30- Service (NMFS), National Oceanic and final 2012 and 2013 harvest day delay in the effective date of this Atmospheric Administration (NOAA), specifications for groundfish in the action under 5 U.S.C. 553(d)(3). This Commerce. BSAI (77 FR 10669, February 23, 2012). finding is based upon the reasons ACTION: Temporary rule; closure. In accordance with § 679.20(d)(1)(iii), provided above for waiver of prior the Administrator, Alaska Region, notice and opportunity for public SUMMARY: NMFS is prohibiting directed NMFS, finds that this directed fishing comment. fishing for Atka mackerel in the Central allowance has been reached. Aleutian district (CAI) of the Bering Sea This action is required by § 679.20 Consequently, NMFS is prohibiting and is exempt from review under and Aleutian Island management area directed fishing for Atka mackerel in the Executive Order 12866. (BSAI) by vessels participating in the CAI by vessels participating in the BSAI BSAI trawl limited access fishery. This trawl limited access fishery. Authority: 16 U.S.C. 1801 et seq. action is necessary to prevent exceeding After the effective dates of this Dated: April 30, 2012. the A season allowance of the 2012 Atka closure, the maximum retainable Emily H. Menashes, mackerel total allowable catch (TAC) in amounts at § 679.20(e) and (f) apply at the CAI allocated to vessels any time during a trip. Acting Director, Office of Sustainable participating in the BSAI trawl limited Fisheries, National Marine Fisheries Service. access fishery. Classification [FR Doc. 2012–10682 Filed 4–30–12; 4:15 pm] DATES: Effective 1200 hrs, Alaska local This action responds to the best BILLING CODE 3510–22–P time (A.l.t.), April 30, 2012, through available information recently obtained 1200 hrs, A.l.t., June 10, 2012. from the fishery. The Acting Assistant

VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 E:\FR\FM\03MYR1.SGM 03MYR1 wreier-aviles on DSK7SPTVN1PROD with RULES