[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Notices]
[Page 20621-20622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap10-79]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2009-N0054]; [30120-1113-0000-F6]
Endangered and Threatened Wildlife and Plants; Permits
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of permit applications; request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), invite the
public to comment on the following applications to conduct certain
activities with endangered species. With some exceptions, the
Endangered Species Act (Act) prohibits activities with endangered and
threatened species unless a Federal permit allows such activity. The
Act requires that we invite public comment before issuing these
permits. We are also making available for comment an associated
environmental assessment (EA) written for each permit application.
DATES: We must receive any written data or comments on or before May
20, 2010.
ADDRESSES: Send written comments by U.S. Mail to the Regional Director,
Attn: Peter Fasbender, U.S. Fish and Wildlife Service, Ecological
Services, 1 Federal Drive, Fort Snelling, MN 55111-4056, or by
electronic mail to permitsR3ES@fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Fasbender, (612) 713-5343.
SUPPLEMENTARY INFORMATION:
Background
We invite public comment on the following permit applications for
certain activities with endangered species authorized by section
10(a)(1)(A) of the Act (16 U.S.C. 1531 et seq.), and our regulations
governing the taking of endangered species in the Code of Federal
Regulations at 50 CFR 17. We are also making available for comment an
associated EA for each permit application. Submit your written data,
comments, or request for a copy of the complete applications and EAs to
the address shown in ADDRESSES. Please refer to the permit application
numbers below when submitting comments.
On February 8, 2007, we published a final rule that legally
established the Western Great Lakes Distinct Population Segment (DPS)
of the gray wolf (Canis lupis) and removed Act protection for that DPS
at the same time (72 FR 6052). This rule became effective March 12,
2007. However, three parties challenged this final rule by filing a
lawsuit. On September 29, 2008, the U.S. District Court for the
District of Columbia ruled in favor of the plaintiffs by vacating the
final rule, rendering it no longer in effect and remanding it back to
us to address the court's concerns. On April 2, 2009, we published a
new final rule that responded to the issues raised in the court's
decision and again removed Act protection for the Western Great Lakes
DPS of the gray wolf (74 FR 15070; effective May 4, 2009). In response
to a second legal challenge, we withdrew our April 2, 2009, final rule.
We agree with the plaintiffs that sufficient opportunity for public
review and comment, as required by Federal law, was not provided before
the April 2009 final decision was published. The effect of this
withdrawal is reinstatement of Act protections for gray wolves in the
Western Great Lakes area while we gather additional public comment.
Therefore, gray wolves are now listed as threatened in Minnesota and
endangered elsewhere in the western Great Lakes region.
The Wisconsin Department of Natural Resources and Michigan
Department of Natural Resources have each applied for a Federal Fish
and Wildlife Permit, as described below, to allow their continued
management and research of the wolf. In both States, the proposed take
of wolves would involve both lethal and nonlethal control for
individual wolves involved in depredating livestock, livestock guard
animals, and pets. Both States request lethal take authority to abate
damages to livestock and pets that result from wolves, and demonstrate
the efficacy of control techniques through research since the
applicants' ability to control them was negated by the recent relisting
of wolves in the Great Lakes States. Under the terms of both permits,
wolves captured at depredation sites would be euthanized or released
unharmed rather than translocated elsewhere, because:
(a) Virtually all suitable wolf habitat in Michigan and Wisconsin
is currently occupied by packs;
(b) Residents do not want problem wolves moved from one area to
another; and
(c) Research has shown that some relocated wolves--after being
taken out of their element--often die, either slowly by starvation,
brutally by being killed by another pack, or by being struck on a
highway, while others resume depredation at the relocation site.
Permit Applications
Permit Application Number: TE206840
Applicant: Wisconsin Department of Natural Resources, Madison,
Wisconsin.
The applicant requests a permit to take the gray wolf throughout
Wisconsin for research, monitoring, and depredation abatement
activities. The take would involve both lethal and non-lethal control
for wolves involved in depredating livestock, livestock guard animals,
and pets. Non-lethal control would involve harassing wolves by using
rubber bullets, projectile bean bags, or other scare tactics. Research
and monitoring efforts may involve unintentional injury or death to
animals caught during the course of these
[[Page 20622]]
activities, as well as euthanizing live-captured wolves severely
affected by mange or other contagious diseases and those severely
injured or in very poor condition. The taking is consistent with both
the State Management Plan for wolves and our 1992 Recovery Plan for the
Eastern Timber Wolf. The scientific research and depredation abatement
activities are aimed at the enhancement of survival of the species in
the wild.
Permit Application Number: TE219624
Applicant: Michigan Department of Natural Resources, Lansing, Michigan.
The applicant requests a permit to take the gray wolf throughout
Michigan. The take would include both lethal and non-lethal control for
wolves involved in depredating livestock, livestock guard animals, and
pets and is consistent with the 2008 Michigan Wolf Management Plan and
the 1992 Recovery Plan for the Eastern Timber Wolf. Non-lethal control
would involve harassing wolves by using rubber bullets, projectile bean
bags, or other scare tactics. The scientific research and depredation
abatement activities are aimed at the enhancement of survival of the
species in the wild.
Availability of Documents
To request copies of the permit applications and associated
documents, contact Peter Fasbender (see ADDRESSES). The permit
applications and the environmental assessments are also available for
public inspection at: http://www.fws.gov/midwest/endangered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
All comments we receive become part of our public record. Requests
for such comments will be handled in accordance with the Freedom of
Information Act and the Council on Environmental Quality's National
Environmental Protection Act regulations (40 CFR 1506.6(f)).
National Environmental Policy Act (NEPA)
In compliance with NEPA (42 U.S.C. 4321 et seq.), Environmental
Assessments have been completed to evaluate the activities proposed in
these permit applications. The Environmental Assessments are also
available for review and comment in conjunction with the permit
applications.
Authority: 16 U.S.C. 1539(c).
Dated: March 1, 2010.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Region 3, Fort
Snelling, Minnesota.
[FR Doc. 2010-9022 Filed 4-19-10; 8:45 am]
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