Vol. 78 Thursday, No. 114 June 13, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife and Maintaining Protections for the Mexican Wolf (Canis lupus baileyi ) by Listing It as Endangered; Proposed Revision to the Nonessential Experimental Population of the Mexican Wolf; Proposed Rules VerDate Mar<15>2010 17:54 Jun 12, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13JNP2.SGM 13JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35664 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR proposed rule also constitutes the Management; U.S. Fish and Wildlife completion of a status review for gray Service; 4401 N. Fairfax Drive, MS Fish and Wildlife Service wolves in the Pacific Northwest 2042–PDM; Arlington, Virginia 22203. initiated on May 5, 2011. We will post all comments on http:// 50 CFR Part 17 Finally, this proposed rule replaces www.regulations.gov. This generally [Docket No. FWS–HQ–ES–2013–0073; our May 5, 2011, proposed action to means that we will post any personal FXES11130900000C2–134–FF09E32000] remove protections for C. lupus in all or information you provide us (see the portions of 29 eastern states (76 FR RIN 1018–AY00 Public Comments section below for 26086). more information). Submissions of hard Endangered and Threatened Wildlife DATES: Comment submission: We will copy comments on our Proposed and Plants; Removing the Gray Wolf accept comments received or Revision to the Nonessential (Canis lupus) From the List of postmarked on or before September 11, Experimental Population of the Mexican Endangered and Threatened Wildlife 2013. Wolf, which also published in today’s and Maintaining Protections for the Public hearings: We must receive Federal Register should be addressed to Mexican Wolf (Canis lupus baileyi) by requests for public hearings, in writing, Attn: Docket No. FWS–R2–ES–2013– Listing It as Endangered at the address shown in FOR FURTHER 0056 using the method described above. INFORMATION CONTACT by July 29, 2013. AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Interior. ADDRESSES: You may submit comments Headquarters Office, Ecological by one of the following methods: ACTIONS: Proposed rule. Services; telephone (703) 358–2171. (1) Electronically: Go to the Federal Direct all questions or requests for SUMMARY: We, the U.S. Fish and eRulemaking Portal: http:// additional information to: GRAY WOLF Wildlife Service (Service) evaluated the www.regulations.gov. In the Search box, QUESTIONS, U.S. Fish and Wildlife classification status of gray wolves enter FWS–HQ–ES–2013–0073, which Service, Headquarters Office, (Canis lupus) currently listed in the is the docket number for this Endangered Species Program, 4401 contiguous United States and Mexico rulemaking. Please ensure you have North Fairfax Drive, Room 420, under the Endangered Species Act of found the correct document before Arlington, Virginia 22203. Individuals 1973, as amended (Act). Based on our submitting your comments. If your who are hearing-impaired or speech- evaluation, we propose to remove the comments will fit in the provided impaired may call the Federal Relay gray wolf from the List of Endangered comment box, please use this feature of Service at 1–800–877–8337 for TTY and Threatened Wildlife but to maintain http://regulations.gov, as it is most assistance. endangered status for the Mexican wolf compatible with our comment–review by listing it as a subspecies (Canis lupus procedures. If you attach your SUPPLEMENTARY INFORMATION: baileyi). We propose these actions comments as a separate document, our Executive Summary because the best available scientific and preferred file format is Microsoft Word. commercial information indicates that If you attach multiple comments (such This document contains a proposed the currently listed entity is not a valid as form letters), our preferred format is rule to remove the current listing for species under the Act and that the a spreadsheet in Microsoft Excel. gray wolf, Canis lupus, from the List of Mexican wolf (C. l. baileyi) is an Submissions of electronic comments on Endangered Wildlife and Threatened endangered subspecies. our Proposed Revision to the (List) and add an endangered listing for In addition, we recognize recent Nonessential Experimental Population the Mexican wolf, Canis lupus baileyi. taxonomic information indicating that of the Mexican Wolf, which also The evaluations that are included in this the gray wolf subspecies, Canis lupus published in today’s Federal Register, proposed rule are summarized in Table lycaon, which occurs in southeastern should be submitted to Docket No. 1. While later in this document we Canada and historically occurred in the FWS–R2–ES–2013–0056 using the discuss our recognition of Canis lycaon northeastern United States and portions method described above. as a separate species based on recent of the upper Midwest (eastern and (2) By hard copy: Submit by U.S. mail taxonomic information, we have not western Great Lakes regions) United or hand-delivery to: Public Comments completed a status review on this States, should be recognized as a Processing, Attn: FWS–HQ–ES–2013– species to date and, therefore, do not separate species, Canis lycaon. This 0073; Division of Policy and Directives include it in this table. TABLE 1—SUMMARY OF PROPOSED RULE ANALYSES AND RESULTS Valid Unit of assessment Description listable Determination entity? Canis lupus ..................................... current listed entity—all or portions of 42 States and Mexico ............. no ............ Delist. Canis lupus ..................................... species—rangewide .............................................................................. yes ........... Listing not warranted. Canis lupus nubilus ........................ subspecies—rangewide ........................................................................ yes ........... Listing not warranted. Canis lupus occidentalis ................. subspecies—rangewide ........................................................................ yes ........... Listing not warranted. Canis lupus baileyi ......................... subspecies—rangewide ........................................................................ yes ........... List as endangered. C. lupus in Pacific Northwest ......... Western Washington, Western Oregon, and Northern California ........ no ............ Not a listable entity. Purpose of the Regulatory Action current scientific and commercial States. After a thorough evaluation of information with respect to the status of the best available science we have This proposed rulemaking is intended C. lupus and any subspecies and determined that, with the exception of to ensure the List of Endangered and potential distinct population segments Mexican wolves (from here on referred Threatened Wildlife reflects the most of C. lupus in the contiguous United to by the scientific name, Canis lupus VerDate Mar<15>2010 15:11 Jun 12, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13JNP2.SGM 13JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Proposed Rules 35665 baileyi), C. lupus and C. lupus NRM Northern Rocky Mountain As this proposal is intended to subspecies in the contiguous United ODFW Oregon Department of Fish and replace our May 5, 2011, proposal to States do not warrant listing under the Wildlife remove protections for C. lupus in all or Act. This evaluation was based on new OMB Office of Management and portions of 29 eastern contiguous states data that has become available since the Budget (76 FR 26086), we ask that any original listing, including new ORS Oregon Code of Regulations comments previously submitted that information on C. lupus taxonomy PARC Predator and Rodent Control may be relevant to the proposal (Chambers et al. 2012 and Rutledge et RCW Revised Code of Washington presented in this rule be resubmitted at Service U.S. Fish and Wildlife Service al. 2012). Canis lupus baileyi continues this time. SNP single-nucleotide polymorphisms You may submit your comments and to warrant endangered status under the SPR significant portion of its range materials by one of the methods listed Act. SSP Species Survival Plan UBI Ungulate Biomass Index in ADDRESSES. We will not accept Major Provision of the Regulatory comments sent by email or fax or to an Action USDA U.S. Department of Agriculture WAC Washington Administrative address not listed in ADDRESSES. This proposed action is authorized by Code Comments must be submitted to http:// the Act. We are proposing to amend WDFW Washington Department of www.regulations.gov before midnight § 17.11(h), subchapter B of chapter I, Fish and Wildlife (Eastern Daylight Time) on the date title 50 of the Code of Federal WGL Western Great Lakes specified in DATES. Finally, we will not Regulations by removing the entries for consider hand-delivered comments that Public Comments ‘‘Wolf, gray’’ under MAMMALS in the we do not receive, or mailed comments List of Endangered and Threatened We intend that any final action that are not postmarked, by the date Wildlife and adding entries for ‘‘Wolf, resulting from this proposal will be as specified in DATES. Mexican’’ in alphabetic order. accurate and as effective as possible. We will post your entire comment— Therefore,