[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Pages 20621-20622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9022]


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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 [email protected].

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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