Thursday, March 29, 2007 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Grizzly Bears; Yellowstone Distinct Population; Notice of Petition Finding; Final Rule VerDate Aug<31>2005 17:50 Mar 28, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29MRR2.SGM 29MRR2 rwilkins on PROD1PC63 with RULES 14866 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Rules and Regulations DEPARTMENT OF THE INTERIOR under the Act and to designate critical Parks will manage habitat in accordance habitat. We find that the petition and with those habitat standards. Fish and Wildlife Service additional information in our files did Species Description not present substantial scientific 50 CFR Part 17 information indicating that listing the Grizzly bears are generally larger and RIN 1018–AT38 Yellowstone grizzly bear population as more heavily built than other bears endangered may be warranted. (Craighead and Mitchell 1982, p. 517; Endangered and Threatened Wildlife Therefore, we are not initiating a status Schwartz et al. 2003b, p. 558). Grizzly and Plants; Final Rule Designating the review in response to this petition. bears can be distinguished from black Greater Yellowstone Area Population DATES: This rule becomes effective April bears, which also occur in the lower 48 of Grizzly Bears as a Distinct 30, 2007. States, by longer, curved claws, humped Population Segment; Removing the shoulders, and a face that appears to be ADDRESSES: Comments and materials Yellowstone Distinct Population concave (Craighead and Mitchell 1982, received, as well as supporting Segment of Grizzly Bears From the p. 517). A wide range of coloration from documentation used in preparation of Federal List of Endangered and light brown to nearly black is common this final rule, are available for Threatened Wildlife; 90-Day Finding on (LeFranc et al. 1987, pp. 17–18). Spring inspection, by appointment, during a Petition To List as Endangered the shedding, new growth, nutrition, and normal business hours, at our Missoula Yellowstone Distinct Population coat condition all affect coloration. office, Grizzly Bear Recovery Segment of Grizzly Bears Guard hairs (long, course outer hair Coordinator, University Hall, Room forming a protective layer over the soft AGENCY: Fish and Wildlife Service, #309, University of Montana, Missoula, underfur) are often pale in color at the Interior. Montana 59812. Call (406) 243–4903 to tips; hence the name ‘‘grizzly’’ ACTION: make arrangements. In addition, certain Final rule; notice of petition (Craighead and Mitchell 1982, p. 517). documents such as the Strategy and finding. In the lower 48 States, the average information appended to the recovery weight of grizzly bears is generally 200 SUMMARY: The U.S. Fish and Wildlife plan are available at http://mountain- to 300 kilograms (kg) (400 to 600 Service (Service, we or us), hereby prairie.fws.gov/species/mammals/ pounds (lb)) for males and 110 to 160 establish a distinct population segment grizzly/yellowstone.htm. (DPS) of the grizzly bear (Ursus arctos kg (250 to 350 lb) for females (Craighead horribilis) for the Greater Yellowstone FOR FURTHER INFORMATION CONTACT: Dr. and Mitchell 1982, pp. 518–520). Area (GYA) and surrounding area Christopher Servheen, Grizzly Bear Grizzly bears are long-lived mammals, (hereafter referred to as the Yellowstone Recovery Coordinator, U.S. Fish and generally living to be around 25 years DPS, Yellowstone grizzly bear DPS, or Wildlife Service, at our Missoula office old (LeFranc et al. 1987, pp. 47, 51). (see ADDRESSES above) or telephone Yellowstone grizzly bear population) Taxonomy and remove this DPS from the List of (406) 243–4903. Individuals who are Threatened and Endangered Wildlife. hearing-impaired or speech-impaired Grizzly bears (Ursus arctos horribilis) The Yellowstone grizzly bear may call the Federal Relay Service at 1– are vertebrates that belong to the Class population is no longer an endangered 800–877–8337 for TTY assistance. Mammalia, Order Carnivora, and Family or threatened population pursuant to SUPPLEMENTARY INFORMATION: Ursidae. The grizzly bear is a member of the brown bear species (U. arctos) that the Endangered Species Act of 1973, as Background amended (Endangered Species Act or occurs in North America, Europe, and the Act) (16 U.S.C. 1531 et seq.), based Prior to publication of this final rule, Asia; the subspecies U. a. horribilis is on the best scientific and commercial we—(1) Finalized the Conservation limited to North America (Rausch 1963, data available. Robust population Strategy (Strategy) that will guide post- p. 43; Servheen 1999, pp. 50–53). Early growth, coupled with State and Federal delisting monitoring and management of taxonomic descriptions of U. arctos cooperation to manage mortality and the grizzly bear in the GYA; (2) based primarily on skull measurements habitat, widespread public support for appended the habitat-based recovery described more than 90 subspecies grizzly bear recovery, and the criteria to the 1993 Recovery Plan and (Merriam 1918, pp. 9–16), but this was development of adequate regulatory the Strategy; and (3) appended an later revised to 2 subspecies in North mechanisms has brought the updated and improved methodology for America (U. a. middendorfi on the Yellowstone grizzly bear population to calculating total population size, known islands of the Kodiak archipelago in the point where making a change to its to unknown mortality ratios, and Alaska and U. a. horribilis in the rest of status is appropriate. sustainable mortality limits for the North America) (Rausch 1963, p. 43). The delisting of the Yellowstone DPS Yellowstone grizzly bear population to The two North American subspecies does not change the threatened status of the 1993 Recovery Plan and the approach of Rausch (1963, p. 43) is the remaining grizzly bears in the lower Strategy. Additionally, the U.S. generally accepted by most taxonomists 48 States, which remain protected by Department of Agriculture (USDA) today, and is the approach we use. the Act. In an upcoming but separate Forest Service finalized the Forest Plan Additional discussion of this issue can notice, we will initiate a 5-year status Amendment for Grizzly Bear Habitat be found in the proposed rule (70 FR review of the grizzly bear as listed under Conservation for the GYA National 69854–69855, November 17, 2005). The the Act based on additional scientific Forests and made a decision to original 1975 listing (40 FR 31734– information that is currently being incorporate this Amendment into the 31736, July 28, 1975) had been collected and analyzed. Finally, we affected National Forests’ Land inadvertently modified in the List of announce a 90-day finding on a petition Management Plans. Yellowstone and Endangered and Threatened Wildlife to (submitted during the public comment Grand Teton National Parks also U. arctos with a historic holarctic range. period for the proposed rule) to list the appended the habitat standards With this final rule, we have corrected Yellowstone grizzly bear population as described in the Strategy to their Park this error to reflect the original listed endangered on the Federal List of Superintendent’s Compendiums, entity of U. arctos horribilis with a Threatened and Endangered Wildlife thereby assuring that these National historic range of North America. VerDate Aug<31>2005 17:50 Mar 28, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 rwilkins on PROD1PC63 with RULES Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Rules and Regulations 14867 Behavior reproduction is approximately 6 years as 1.65 kg/day (3.64 lb/day) (Craighead Although adult bears are normally old, and the average litter size is 2.04 and Mitchell 1982, p. 544). Grizzly bears solitary (Nowak and Paradiso 1983, p. cubs (Schwartz et al. 2006a, p. 19). Cubs must consume foods rich in protein and 971), home ranges of adult bears are born in a den in late January or early carbohydrates in order to build up fat frequently overlap (Schwartz et al. February and remain with the female for reserves to survive denning and post- 2003b, pp. 565–566). Grizzly bears 2 to 3 years before the mother will again denning periods (Rode and Robbins display a behavior called natal mate and produce another litter 2000, pp. 1643–1644). These layers of philopatry in which dispersing young (Schwartz et al. 2003b, p. 564). Grizzly fat are crucial to the hibernating bear as establish home ranges within or bears have one of the slowest they provide a source of energy and overlapping their mother’s (Waser and reproductive rates among terrestrial insulate the bear from cold Jones 1983, p. 361; Schwartz et al. mammals, resulting primarily from the temperatures, and are equally important 2003b, p. 566). This type of movement late age of first reproduction, small in providing energy to the bear upon average litter size, and the long interval makes dispersal across landscapes a emergence from the den when food is between litters (Nowak and Paradiso slow process. Radio-telemetry and still sparse relative to metabolic 1983, p. 971; Schwartz et al. 2003b, p. genetics data suggests females establish requirements (Craighead and Mitchell 564). Given the above factors and home ranges an average of 9.8 to 14.3 1982, p. 544). natural mortality, it may take a single kilometers (km) (6.1 to 8.9 miles (mi)) Although the digestive system of female 10 years to replace herself in a away from the center of their mother’s bears is essentially that of a carnivore, population (U.S. Fish and Wildlife home range, whereas males generally bears are successful omnivores, and in Service 1993, p. 4). Grizzly bear females stray further, establishing home ranges some areas may be almost entirely cease breeding successfully some time roughly 29.9 to 42.0 km (18.6 to 26.0 mi) herbivorous (Jacoby et al.