# 71 FR 15266: Endangered and Threatened Wildlife and Plants; Designating the Western Great Lakes Population of Gray Wolves as a Distinct Population Segment; Removing the Western Great Lakes Distinct Population Segment of the Gray Wolf From the List of Endangered and Threatened Wildlife

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URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_06-2802

## Section

- **Citation:** 71 FR 15266
- **Heading:** Endangered and Threatened Wildlife and Plants; Designating the Western Great Lakes Population of Gray Wolves as a Distinct Population Segment; Removing the Western Great Lakes Distinct Population Segment of the Gray Wolf From the List of Endangered and Threatened Wildlife
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 71 / 71 FR 15266

## Text

DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AU54 Endangered and Threatened Wildlife and Plants; Designating the Western Great Lakes Population of Gray Wolves as a Distinct Population Segment; Removing the Western Great Lakes Distinct Population Segment of the Gray Wolf From the List of Endangered and Threatened Wildlife AGENCY:
Fish and Wildlife Service, Interior.

ACTION:
Proposed rule.

SUMMARY:
We, the U.S. Fish and Wildlife Service (Service) propose to establish the Western Great Lakes Distinct Population Segment (WGL DPS) of the gray wolf ( Canis lupus ). This DPS includes all of Minnesota, Wisconsin, and Michigan; the eastern half of North Dakota and South Dakota; the northern half of Iowa; the northern portions of Illinois and Iowa; and the northwestern portion of Ohio. We further propose to remove the WGL DPS from the List of Endangered and Threatened Wildlife established under the Endangered Species Act of 1973, as amended (Act). We propose these actions because available data indicate that this DPS no longer meets the definitions of threatened or endangered under the Act. The threats have been reduced or eliminated as evidenced by a population that is stable or increasing in Minnesota, Wisconsin, and Michigan, and greatly exceeds the numerical recovery criteria established in its recovery plan. Completed State wolf management plans will provide adequate protection and management of the species if delisted in the WGL DPS. The proposed rule, if finalized, would remove this DPS from the protections of the Act. This proposed rule would also remove the currently designated critical habitat for the gray wolf in Minnesota and Michigan and remove the current special regulations for gray wolves in Minnesota.

DATES:
We request that comments be received by June 26, 2006 in order to ensure their consideration in our final decision. We have scheduled four informational meetings followed by public hearings for May 8, 10, 16, and 17, 2006
remove the currently designated critical habitat for the gray wolf in Minnesota and Michigan and remove the current special regulations for gray wolves in Minnesota.

DATES:
We request that comments be received by June 26, 2006 in order to ensure their consideration in our final decision. We have scheduled four informational meetings followed by public hearings for May 8, 10, 16, and 17, 2006. At each location the informational meeting will be held from 6 to 7:15 p.m., followed by a public hearing from 7:30 to 9 p.m.

ADDRESSES:
You may submit comments and other information, identified by “RIN 1018-AU54,” by any of the following methods:
• Fish and Wildlife Service Region 3 Web Site: http://www.fws.gov/midwest/wolf/ Follow the instructions found there.
• E-mail: WGLwolfdelist@fws.gov
• Fax: 612-713-5292. Put “WGL Wolf Delisting; RIN 1018-AU54” in the subject line.
• Mail: WGL Wolf Delisting, U.S. Fish and Wildlife Service, Whipple Federal Building, 1 Federal Drive, Fort Snelling, MN 55111-4056.
• Hand Delivery/Courier: WGL Wolf Delisting, Ecological Services—Room 646, U.S. Fish and Wildlife Service, Whipple Federal Building, 1 Federal Drive, Fort Snelling, MN 55111-4056.
• Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions found there for submitting comments.
All submissions received must include the agency name and Regulatory Information Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comments Solicited” heading of the SUPPLEMENTARY INFORMATION section of this document.
Hearings: We have scheduled informational meetings followed by public hearings at the following four locations:
• May 8, 2006—Duluth, Minnesota. Meeting and hearing will be in the Northern Lights I Room at the Inn on Lake Superior, 350 Canal Park Drive.
• May 10, 2006—Wausau, Wisconsin
ess, see the “Public Comments Solicited” heading of the SUPPLEMENTARY INFORMATION section of this document.
Hearings: We have scheduled informational meetings followed by public hearings at the following four locations:
• May 8, 2006—Duluth, Minnesota. Meeting and hearing will be in the Northern Lights I Room at the Inn on Lake Superior, 350 Canal Park Drive.
• May 10, 2006—Wausau, Wisconsin. Meeting and hearing will be at the Westwood Conference Room of the Westwood Center, 1800 West Bridge Street.
• May 16, 2006—Marquette, Michigan. Meeting and hearing will be in the Michigan Room of the Don H. Bottum University Center, Northern Michigan University, 540 West Kaye Avenue. (Use parking lot #8.)
• May 17, 2006—Grayling, Michigan. Meeting and hearing will be held in the Evergreen Room of the Holiday Inn, 2650 Business Loop South I-75.
Additional details on the hearings, including maps, will be provided on our Web site (see FOR FURTHER INFORMATION CONTACT ).
The complete file for this rule is available for inspection, by appointment, during normal business hours at our Midwest Regional Office: U.S. Fish and Wildlife Service, Federal Building, 1 Federal Drive, Ft. Snelling, MN 55111-4056. Call 612-713-5350 to make arrangements. The comments and materials we receive during the comment period also will be made available for public inspection, by appointment, during normal business hours following the close of the comment period. See the “Public Comments Solicited” section of SUPPLEMENTARY INFORMATION for location information.
FOR FURTHER INFORMATION CONTACT:
Ron Ressnider, 612-713-5350. Direct all questions or requests for additional information to the Service using the Gray Wolf Phone Line—612-713-7337, facsimile—612-713-5292, the general gray wolf electronic mail address— GRAYWOLFMAIL@FWS.GOV , or write to: GRAY WOLF QUESTIONS, U.S. Fish and Wildlife Service, Federal Building, 1 Federal Drive, Ft. Snelling, MN 55111-4056
RTHER INFORMATION CONTACT:
Ron Ressnider, 612-713-5350. Direct all questions or requests for additional information to the Service using the Gray Wolf Phone Line—612-713-7337, facsimile—612-713-5292, the general gray wolf electronic mail address— GRAYWOLFMAIL@FWS.GOV , or write to: GRAY WOLF QUESTIONS, U.S. Fish and Wildlife Service, Federal Building, 1 Federal Drive, Ft. Snelling, MN 55111-4056. Additional information is also available on our World Wide Web site at http://www.fws.gov/midwest/wolf . In the event that our internet connection is not functional, please contact the Service by the alternative methods mentioned above. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance. Do not submit comments or other information by the methods described in this paragraph.

SUPPLEMENTARY INFORMATION:
Background
Biology and Ecology of Gray Wolves
Gray wolves are the largest wild members of the Canidae, or dog family, with adults ranging from 18 to 80 kilograms (kg) (40 to 175 pounds (lb)) depending upon sex and subspecies (Mech 1974). The average weight of male wolves in Wisconsin is 35 kg (77 lb) and ranges from 26 to 46 kg (57 to 102 lb), while females average 28 kg (62 lb) and range from 21 to 34 kg (46 to 75 lb) (Wisconsin Department of Natural Resources (WI DNR) 1999). Wolves' fur color is frequently a grizzled gray, but it can vary from pure white to coal black. Wolves may appear similar to coyotes ( Canis latrans ) and some domestic dog breeds (such as the German shepherd or Siberian husky) ( C. lupus familiaris ). Wolves' longer legs, larger feet, wider head and snout, and straight tail distinguish them from both coyotes and dogs.
Wolves primarily are predators of medium and large mammals. Wild prey species in North America include white-tailed deer ( Odocoileus virginianus ) and mule deer ( O. hemionus ), moose ( Alces alces ), elk ( Cervus elaphus ), woodland caribou ( Rangifer caribou ) and barren ground caribou ( R
legs, larger feet, wider head and snout, and straight tail distinguish them from both coyotes and dogs.
Wolves primarily are predators of medium and large mammals. Wild prey species in North America include white-tailed deer ( Odocoileus virginianus ) and mule deer ( O. hemionus ), moose ( Alces alces ), elk ( Cervus elaphus ), woodland caribou ( Rangifer caribou ) and barren ground caribou ( R. arcticus ), bison ( Bison bison ), muskox ( Ovibos ), bighorn sheep ( Ovis canadensis ) and Dall sheep ( O. dalli ), mountain goat ( Oreamnos americanus ), beaver ( Castor canadensis ), snowshoe hare ( Lepus americanus ), and muskrat ( Ondatra zibethicus ), with small mammals, birds, and large invertebrates sometimes being taken ( Chavez and Gese 2005, Mech 1974, Stebler 1944, WI DNR 1999, Huntzinger et al. 2005). In the WGLDPS, during the last 25 years, wolves have also killed domestic animals including horses ( Equus caballus ), cattle ( Bos taurus ), sheep ( Ovis aries ), goats ( Capra hircus ), llamas ( Lama glama ), pigs ( Sus scrofa ), geese ( Anser sp. ), ducks ( Anas sp. ), turkeys ( Meleagris gallopavo ), chickens ( Gallus sp. ), guinea fowl ( Numida meleagris ), pheasants ( Phasianus colchicus ), dogs, cats ( Felis catus ), and captive white-tailed deer (Paul 2004, 2005; Wydeven 1998; Wydeven et al. 2001; Wydeven and Wiedenhoeft 1999, 2000, 2001, 2005).
Wolves are social animals, normally living in packs of 2 to 12 wolves. Winter pack size in Michigan's Upper Peninsula (UP) averaged from 2.7 to 4.6 wolves during the 1995 through 2005 period and ranged from 2 to 14 wolves per pack (Huntzinger et al. 2005). Pack size in Wisconsin is similar, averaging 3.8 to 4.1 wolves per pack, and ranging from 2 to 11 wolves in winter 2004-2005 (Wydeven and Wiedenhoeft 2005). In Minnesota the average pack size found in the 1988-89, 1997-98, and 2003-2004 winter surveys was higher—5.55, 5.4, and 5.3 wolves per pack, respectively (Erb and Benson 2004)
and ranged from 2 to 14 wolves per pack (Huntzinger et al. 2005). Pack size in Wisconsin is similar, averaging 3.8 to 4.1 wolves per pack, and ranging from 2 to 11 wolves in winter 2004-2005 (Wydeven and Wiedenhoeft 2005). In Minnesota the average pack size found in the 1988-89, 1997-98, and 2003-2004 winter surveys was higher—5.55, 5.4, and 5.3 wolves per pack, respectively (Erb and Benson 2004).
Packs are primarily family groups consisting of a breeding pair, their pups from the current year, offspring from one or two previous years, and occasionally an unrelated wolf. Packs typically occupy, and defend from other packs and individual wolves, a territory of 50 to 550 square kilometers (km 2 ) (20 to 214 square miles (mi 2 )). Midwest wolf packs tend to occupy territories on the lower end of this size range. Michigan Upper Peninsula territories averaged 267 km 2 in 2000-2001 (Drummer et al. 2002), Wisconsin territories 37 mi 2 in 2004-2005 (Wydeven and Wiedenhoeft 2005), and Minnesota territory size averaged 102 km 2 in 2003-2004 (Erb and Benson 2004). Normally, only the top-ranking (“alpha”) male and female in each pack breed and produce pups. Litters are born from early April into May; they range from 1 to 11 pups, but generally include 4 to 6 pups (Michigan Department of Natural Resources (MI DNR) 1997; USFWS 1992; USFWS et al. 2001). Normally a pack has a single litter annually, but the production of 2 or 3 litters in one year has been routinely documented in Yellowstone National Park (USFWS et al. 2002; Smith et al. 2005).
Yearling wolves frequently disperse from their natal packs, although some remain with their natal pack. Adult wolves and pups older than 5 months also may disperse but at much lower frequencies (Fuller 1989). Dispersers may range over large areas as lone animals after leaving their natal pack or they may locate suitable unoccupied habitat and a member of the opposite sex and begin their own pack
Yearling wolves frequently disperse from their natal packs, although some remain with their natal pack. Adult wolves and pups older than 5 months also may disperse but at much lower frequencies (Fuller 1989). Dispersers may range over large areas as lone animals after leaving their natal pack or they may locate suitable unoccupied habitat and a member of the opposite sex and begin their own pack. These dispersal movements allow a wolf population to quickly expand and colonize areas of suitable habitat that are nearby or even those that are isolated by a broad area of unsuitable habitat. Additional details on extraterritorial movements are found in Delineating the Midwestern Gray Wolf Population DPS , below.
Recovery
Background —The gray wolf historically occurred across most of North America, Europe, and Asia. In North America, gray wolves formerly occurred from the northern reaches of Alaska, Canada, and Greenland to the central mountains and the high interior plateau of southern Mexico. The only areas of the conterminous United States that apparently lacked gray wolf populations since the last ice age are parts of California (but some authorities question the reported historical absence of gray wolves from parts of California (Carbyn in litt . 2000; Mech, U.S. Geological Survey, in litt . 2000)) and portions of the eastern and southeastern United States (areas occupied by the red wolf or a recently suggested eastern wolf, C. lycaon (Wilson et al. 2000; Grewal et al. 2004; White et al. 2001)). In addition, wolves were generally absent from the deserts and mountaintop areas of the western United States (Young and Goldman 1944; Hall 1981; Mech 1974; Nowak 2000).
European settlers in North America and their cultures often had superstitions and fears of wolves and a unified desire to eliminate them (Boitani 1995). Their attitudes, coupled with perceived and real conflicts between wolves and human activities along the western frontier, led to widespread persecution of wolves
western United States (Young and Goldman 1944; Hall 1981; Mech 1974; Nowak 2000).
European settlers in North America and their cultures often had superstitions and fears of wolves and a unified desire to eliminate them (Boitani 1995). Their attitudes, coupled with perceived and real conflicts between wolves and human activities along the western frontier, led to widespread persecution of wolves. Poison, trapping, snaring, and shooting spurred by Federal, State, and local government bounties extirpated this once widespread species from nearly all of its historical range in the 48 conterminous States.
Recovery Planning —Gray wolf populations in the United States are currently protected under the Act as a threatened species in Minnesota and endangered in the remaining 47 conterminous states and Mexico (50 CFR 17.11(h)), by separate regulations establishing three non-essential experimental populations (50 CFR 17.84(i), (k), and (n)), and by special regulations for Minnesota wolves (50 CFR 17.40(d)). The current status of wolves is discussed below under Previous Federal Action. At the time the Act was passed, only several hundred wolves occurred in northeastern Minnesota and on Isle Royale, Michigan, and a few scattered wolves may have occurred in the Upper Peninsula of Michigan, Montana, the American Southwest, and Mexico.
We approved the 1978 Recovery Plan for the Eastern Timber Wolf (Recovery Plan) on May 2, 1978 (USFWS 1978). We subsequently approved an updated and revised version on January 31, 1992 (USFWS 1992), which replaced the 1978 Recovery Plan. The 1978 Recovery Plan and its 1992 revision were intended to apply to the eastern timber wolf, Canis lupus lycaon , thought at that time to be the wolf subspecies that historically inhabited the United States east of the Great Plains (Young and Goldman 1944; Hall 1981; Mech 1974). Thus, these Recovery Plans cover a geographic triangle extending from Minnesota to Maine and into northeastern Florida
he 1978 Recovery Plan and its 1992 revision were intended to apply to the eastern timber wolf, Canis lupus lycaon , thought at that time to be the wolf subspecies that historically inhabited the United States east of the Great Plains (Young and Goldman 1944; Hall 1981; Mech 1974). Thus, these Recovery Plans cover a geographic triangle extending from Minnesota to Maine and into northeastern Florida. The Recovery Plan was based on the best available information on wolf taxonomy at the time of its original publication and subsequent revision. Since the publication of those Recovery Plans, several studies have produced conflicting results regarding the taxonomic identity of the wolf that historically occupied the eastern States. While this issue remains unresolved, this recovery program has continued to focus on recovering the wolf population that survived in, and has expanded outward from, northeastern Minnesota, regardless of its taxonomic identity.
The 1978 Recovery Plan and the 1992 revised plan contain the same two delisting criteria. The first delisting criterion states that the survival of the wolf in Minnesota must be assured. We, and the Eastern Timber Wolf Recovery Team (Rolf Peterson, Eastern Timber Wolf Recovery Team, in litt . 1997, 1998, 1999a, 1999b), have concluded that this first delisting criterion remains valid. It addresses a need for reasonable assurances that future State, Tribal, and Federal wolf management and protection will maintain a viable recovered population of gray wolves
Maintenance of the Minnesota wolf population is vital because the remaining genetic diversity of gray wolves in the eastern United States was carried by the several hundred wolves that survived in the State into the early 1970s. The Recovery Team insisted that the remnant Minnesota wolf population be maintained and protected to achieve wolf recovery in the eastern United States
on of gray wolves
Maintenance of the Minnesota wolf population is vital because the remaining genetic diversity of gray wolves in the eastern United States was carried by the several hundred wolves that survived in the State into the early 1970s. The Recovery Team insisted that the remnant Minnesota wolf population be maintained and protected to achieve wolf recovery in the eastern United States. The successful growth of that remnant population has maintained and maximized the representation of that genetic diversity among gray wolves in the WGL DPS. Furthermore, the Recovery Team established a planning goal of 1,250-1,400 animals for the Minnesota wolf population (USFWS 1992), which would increase the likelihood of maintaining its genetic diversity over the long term. This large Minnesota wolf population also provides the resiliency to reduce the adverse impacts of unpredictable demographic and environmental events. Furthermore, the Recovery Plan promotes a wolf population across 4 of 5 wolf management zones, encompassing about 40 percent of the State, further adding to the resiliency of the Minnesota wolf population. The State's wolf population currently is estimated to be more than double that numerical goal, and occupies all 4 management zones.
The second delisting criterion in the Recovery Plan states that at least one viable wolf population should be reestablished within the historical range of the eastern timber wolf outside of Minnesota and Isle Royale, Michigan. The Recovery Plan provides two options for reestablishing this second viable wolf population. If it is an isolated population, that is, located more than 100 miles from the Minnesota wolf population, the second population should consist of at least 200 wolves for at least 5 years (based upon late-winter population estimates) to be considered viable
f outside of Minnesota and Isle Royale, Michigan. The Recovery Plan provides two options for reestablishing this second viable wolf population. If it is an isolated population, that is, located more than 100 miles from the Minnesota wolf population, the second population should consist of at least 200 wolves for at least 5 years (based upon late-winter population estimates) to be considered viable. Alternatively, if the second population is not isolated, that is, located within 100 miles of a self-sustaining wolf population (for example, the Minnesota wolf population), a reestablished second population having a minimum of 100 wolves for at least 5 years would be considered viable.
The Recovery Plan does not specify where in the eastern United States the second population should be reestablished. Therefore, the second population could be located anywhere within the triangular Minnesota-Maine-Florida area covered by the Recovery Plan, except on Isle Royale (Michigan) or within Minnesota. The 1978 Recovery Plan identified potential gray wolf restoration areas throughout the eastern United States, including northern Wisconsin and Michigan and areas as far south as the Great Smoky Mountains and adjacent areas in Tennessee, North Carolina, and Georgia. The revised 1992 Recovery Plan dropped from consideration the more southern potential restoration areas, because recovery efforts for the red wolf were being initiated in those areas. The 1992 revision retained potential gray wolf re-establishment areas in northern Wisconsin, the UP of Michigan, the Adirondack Forest Preserve of New York, a small area in eastern Maine, and a larger area of northwestern Maine and adjacent northern New Hampshire (USFWS 1992). Neither the 1978 nor the 1992 recovery criteria suggest that the restoration of the gray wolf throughout all or most of its historical range in the eastern United States, or to all of these potential re-establishment areas, is necessary to achieve recovery under the Act
ew York, a small area in eastern Maine, and a larger area of northwestern Maine and adjacent northern New Hampshire (USFWS 1992). Neither the 1978 nor the 1992 recovery criteria suggest that the restoration of the gray wolf throughout all or most of its historical range in the eastern United States, or to all of these potential re-establishment areas, is necessary to achieve recovery under the Act.
In 1998, the Eastern Timber Wolf Recovery Team clarified the delisting criterion for the second population (i.e., the wolf population that had developed in northern Wisconsin and the adjacent Upper Peninsula of Michigan). It stated that the numerical delisting criterion for the Wisconsin-Michigan population will be achieved when 6 consecutive late-winter wolf surveys documented that the population equaled or exceeded 100 wolves (excluding Isle Royale wolves) for the 5 consecutive years between the 6 surveys (Rolf Peterson, Eastern Timber Wolf Recovery Team, in litt . 1998). This second population is less than 200 miles from the Minnesota wolf population, and it has had a late-winter population exceeding 100 animals since 1994, and exceeding 200 animals since 1996, thus the recovery goals have been met.
The Recovery Plan has no goals or criteria for the gray wolf population on 546 sq km (210 sq mi) of Isle Royale, Michigan. The wolf population of Isle Royale is not considered to be an important factor in the recovery or long-term survival of wolves in the WGL DPS. This wolf population is small, varying from 12 to 30 animals in 2 or 3 packs over the last 20 years (Peterson and Vucetich 2005). Due to its small insular nature, it is almost completely isolated from other wolf populations and has never exceeded 50 animals. For these reasons, the Recovery Plan does not include these wolves in its recovery criteria, but recommends the continuation of research and complete protection for these wolves that is assured by National Park Service management (USFWS 1992)
Peterson and Vucetich 2005). Due to its small insular nature, it is almost completely isolated from other wolf populations and has never exceeded 50 animals. For these reasons, the Recovery Plan does not include these wolves in its recovery criteria, but recommends the continuation of research and complete protection for these wolves that is assured by National Park Service management (USFWS 1992). Unless stated otherwise in this proposal, subsequent discussions of Michigan wolves do not refer to wolves on Isle Royale.
The Recovery Plan recognizes the potential for wolves to come into conflict with human activities, and that such conflicts are likely to impede wolf recovery unless they can be reduced to socially tolerated levels. Among major recovery actions identified in the 1992 Recovery Plan is the need to “minimize losses of domestic animals due to wolf predation.” [p.6] The Recovery Plan recommends measures to avoid such conflicts and to reduce conflicts when they develop. These measures include promoting the re-establishment of wolf populations only in areas where such conflicts are likely to be relatively infrequent, a recommendation that wolf density in peripheral wolf range in Minnesota (Zone 4, 26 percent of the State) be limited to an average of one wolf per 50 square miles (128 sq km) [p.15], and a recommendation that wolves that move into Minnesota Zone 5 (about 61 percent of the State) “should be eliminated by any legal means” because livestock production and other human activities make that area “not suitable for wolves.” [p.20]
When wolves kill domestic animals, the Recovery Plan recommends that government agents remove those wolves. In Minnesota Zone 1 (4,462 sq mi in northeastern Minnesota), wolf removal should be by livetrapping and translocation, whereas in Zones 2 and 3 (1,864 and 3,501 sq mi in northeastern and north central Minnesota, respectively), those wolves may be removed by any means including lethal take
When wolves kill domestic animals, the Recovery Plan recommends that government agents remove those wolves. In Minnesota Zone 1 (4,462 sq mi in northeastern Minnesota), wolf removal should be by livetrapping and translocation, whereas in Zones 2 and 3 (1,864 and 3,501 sq mi in northeastern and north central Minnesota, respectively), those wolves may be removed by any means including lethal take. In Zones 4 and 5, the Recovery Plan recommends preventive depredation control be conducted by trapping wolves in the vicinity of previous depredation sites. Similarly, the Recovery Plan recommends management practices “including the potential taking of problem animals” for wolf populations that develop in Wisconsin and Michigan. [p.34] (Service 1992). Neither the trapping and translocations (Minnesota Zone 1) nor the preventive depredation control (Zones 4 and 5) have been implemented. Lethal taking of depredating wolves in Wisconsin and Michigan has occurred only on a very limited basis. More detailed discussion of wolf depredation control activities in the Midwest is found in Factor D.
Recovery of the Gray Wolf in the Western Great Lakes
Minnesota
During the pre-1965 period of wolf bounties and legal public trapping, wolves persisted in the remote northeastern portion of Minnesota, but were eliminated from the rest of the State. Estimated numbers of Minnesota wolves before their listing under the Act in 1974 include 450 to 700 in 1950-53 (Fuller et al. 1992, Stenlund 1955), 350 to 700 in 1963 (Cahalane 1964), 750 in 1970 (Leirfallom 1970), 736 to 950 in 1971-72 (Fuller et al. 1992), and 500 to 1,000 in 1973 (Mech and Rausch 1975). Although these estimates were based upon different methodologies and are not directly comparable, each puts the pre-listing abundance of wolves in Minnesota at 1,000 or less. This was the only significant wolf population in the United States outside Alaska during those time-periods
1970 (Leirfallom 1970), 736 to 950 in 1971-72 (Fuller et al. 1992), and 500 to 1,000 in 1973 (Mech and Rausch 1975). Although these estimates were based upon different methodologies and are not directly comparable, each puts the pre-listing abundance of wolves in Minnesota at 1,000 or less. This was the only significant wolf population in the United States outside Alaska during those time-periods.
After the wolf was listed as endangered under the Act, Minnesota population estimates increased (see Table 1 below). Mech estimated the population to be 1,000 to 1,200 in 1976 (USFWS 1978), and Berg and Kuehn (1982) estimated that there were 1,235 wolves in 138 packs in the winter of 1978-79. In 1988-89, the Minnesota Department of Natural Resources (MN DNR) repeated the 1978-79 survey and also used a second method to estimate wolf numbers in the State. The resulting independent estimates were 1,500 and 1,750 wolves in at least 233 packs (Fuller et al. 1992).
During the winter of 1997-98, a statewide wolf population and distribution survey was repeated by MN DNR, using methods similar to those of the two previous surveys. Field staff of Federal, State, Tribal, and county land management agencies and wood products companies were queried to identify occupied wolf range in Minnesota. Data from five concurrent radio telemetry studies tracking 36 packs, representative of the entire Minnesota wolf range, were used to determine average pack size and territory area. Those figures were then used to calculate a statewide estimate of wolf and pack numbers in the occupied range, with single (non-pack) wolves factored into the estimate (Berg and Benson 1999).
Table 1.—Gray wolf winter populations in Minnesota, Wisconsin, and Michigan (excluding Isle Royale) from 1976 through 2005
Minnesota wolf range, were used to determine average pack size and territory area. Those figures were then used to calculate a statewide estimate of wolf and pack numbers in the occupied range, with single (non-pack) wolves factored into the estimate (Berg and Benson 1999).
Table 1.—Gray wolf winter populations in Minnesota, Wisconsin, and Michigan (excluding Isle Royale) from 1976 through 2005. Note that there are several years between the first four estimates Year Minnesota Wisconsin Michigan WI & MI Total 1976 1,000-1,200 1978-79 1,235 1988-89 1,500-1,750 31 3 34 1993-94 57 57 114 1994-95 83 80 163 1995-96 99 116 215 1996-97 148 112 260 1997-98 2,445 180 140 320 1998-99 205 174 379 1999-2000 248 216 464 2000-01 257 249 506 2001-02 327 278 604 2002-03 335 321 656 2003-04 3,020 373 360 733 2004-05 425 405 830 The 1997-98 survey concluded that approximately 2,445 wolves existed in about 385 packs in Minnesota during that winter period (90 percent confidence interval from 1,995 to 2,905 wolves) (Berg and Benson 1999). This figure indicated the continued growth of the Minnesota wolf population at an average rate of about 3.7 percent annually from 1970 through 1997-98. Between 1979 and 1989 the annual growth rate was about 3 percent, and it increased to between 4 and 5 percent in the next decade (Berg and Benson 1999; Fuller et al. 1992). As of the 1998 survey, the number of Minnesota wolves was approximately twice the planning goal for Minnesota, as specified in the Eastern Recovery Plan (USFWS 1992).
Minnesota DNR conducted another survey of the State's wolf population and range during the winter of 2003-04, again using similar methodology. That survey concluded that an estimated 3,020 wolves in 485 packs occurred in Minnesota at that time (90 percent confidence interval for this estimate is 2,301 to 3,708 wolves)
ng goal for Minnesota, as specified in the Eastern Recovery Plan (USFWS 1992).
Minnesota DNR conducted another survey of the State's wolf population and range during the winter of 2003-04, again using similar methodology. That survey concluded that an estimated 3,020 wolves in 485 packs occurred in Minnesota at that time (90 percent confidence interval for this estimate is 2,301 to 3,708 wolves). Due to the wide overlap in the confidence intervals for the 1997-98 and 2003-04 surveys, the authors conclude that, although the population point estimate increased by about 24 percent over the 6 years between the surveys (about 3.5 percent annually), there was no statistically significant increase in the State's wolf population during that period (Erb and Benson 2004).
As wolves increased in abundance in Minnesota, they also expanded their distribution. During 1948-53, the major wolf range was estimated to be about 11,954 sq mi (31,080 sq km) (Stenlund 1955). A 1970 questionnaire survey resulted in an estimated wolf range of 14,769 sq mi (38,400 sq km) (calculated by Fuller et al. 1992 from Leirfallom 1970). Fuller et al. (1992), using data from Berg and Kuehn (1982), estimated that Minnesota primary wolf range included 14,038 sq mi (36,500 sq km) during winter 1978-79. By 1982-83, pairs or breeding packs of wolves were estimated to occupy an area of 22,000 sq mi (57,050 sq km) in northern Minnesota (Mech et al. 1988). That study also identified an additional 15,577 sq mi (40,500 sq km of peripheral range, where habitat appeared suitable but no wolves or only lone wolves existed. The 1988-89 study produced an estimate of 23,165 sq mi (60,200 sq km) as the contiguous wolf range at that time in Minnesota (Fuller et al. 1992), an increase of 65 percent over the primary range calculated for 1978-79. The 1997-98 study concluded that the contiguous wolf range had expanded to 33,971 sq mi (88,325 sq km), a 47 percent increase in 9 years (Berg and Benson 1999)
lone wolves existed. The 1988-89 study produced an estimate of 23,165 sq mi (60,200 sq km) as the contiguous wolf range at that time in Minnesota (Fuller et al. 1992), an increase of 65 percent over the primary range calculated for 1978-79. The 1997-98 study concluded that the contiguous wolf range had expanded to 33,971 sq mi (88,325 sq km), a 47 percent increase in 9 years (Berg and Benson 1999). By that time the Minnesota wolf population was using most of the occupied and peripheral range identified by Mech et al. (1988). The wolf population in Minnesota had recovered to the point that its contiguous range covered approximately 40 percent of the State
Although Minnesota DNR does not conduct a formal wolf population survey annually, it includes the species in its annual carnivore track survey. This survey, standardized and operational since 1994, provides an annual index of abundance for several species of large carnivores by counting their tracks along 51 standardized survey routes in the northern portion of Minnesota. Based on these surveys, the wolf track indices for winter 2004-05 showed little change from the previous winter, and no statistically significant trends are apparent since 1994. However, the data show some indication of an increase in wolf density (Erb 2005). Thus, the winter track survey results are consistent with a stable or slowly increasing wolf population in northern Minnesota over this 11-year period.
Wisconsin
Wolves were considered to have been extirpated from Wisconsin by 1960. No formal attempts were made to monitor the State's wolf population from 1960 until 1979. From 1960 through 1975, individual wolves and an occasional wolf pair were reported. There is no documentation, however, of any wolf reproduction occurring in Wisconsin, and the wolves that were reported may have been dispersing animals from Minnesota
considered to have been extirpated from Wisconsin by 1960. No formal attempts were made to monitor the State's wolf population from 1960 until 1979. From 1960 through 1975, individual wolves and an occasional wolf pair were reported. There is no documentation, however, of any wolf reproduction occurring in Wisconsin, and the wolves that were reported may have been dispersing animals from Minnesota.
Wolves are believed to have returned to Wisconsin in more substantial numbers in about 1975, and the WI DNR began wolf population monitoring in 1979-80 and estimated a statewide population of 25 wolves at that time (Wydeven and Wiedenhoeft 2001). This population remained relatively stable for several years then declined slightly to approximately 15 to 19 wolves in the mid-1980s. In the late 1980s, the Wisconsin wolf population began an increase that has continued into 2005 (Wydeven et al. 2005).
Wisconsin DNR intensively surveys its wolf population annually using a combination of aerial, ground, and satellite radio telemetry, complemented by snow tracking and wolf sign surveys (Wydeven et al. 1995, 2005). Wolves are trapped from May through September and fitted with radio collars, with a goal of having at least one radio-collared wolf in about half of the wolf packs in Wisconsin. Aerial locations are obtained from each functioning radio-collar about once per week, and pack territories are estimated and mapped from the movements of the individuals who exhibit localized patterns. From December through March, the pilots make special efforts to visually locate and count the individual wolves in each radio-tracked pack. Snow tracking is used to supplement the information gained from aerial sightings and to provide pack size estimates for packs lacking a radio-collared wolf. Tracking is done by assigning survey blocks to trained trackers who then drive snow-covered roads in their blocks and follow all wolf tracks they encounter. Snowmobiles are used to locate wolf tracks in more remote areas with few roads
d pack. Snow tracking is used to supplement the information gained from aerial sightings and to provide pack size estimates for packs lacking a radio-collared wolf. Tracking is done by assigning survey blocks to trained trackers who then drive snow-covered roads in their blocks and follow all wolf tracks they encounter. Snowmobiles are used to locate wolf tracks in more remote areas with few roads. The results of the aerial and ground surveys are carefully compared to properly separate packs and to avoid over-counting (Wydeven et al. 2003). The number of wolves in each pack is estimated based on the aerial and ground observations made of the individual wolves in each pack over the winter.
Because the monitoring methods focus on wolf packs, lone wolves are likely undercounted in Wisconsin. As a result, the annual population estimates are probably slight underestimates of the actual wolf population within the State during the late-winter period. Fuller (1989) noted that lone wolves are estimated to compose from 2 to 29 percent. Also, these estimates are made at the low point of the annual wolf population cycle; the late-winter surveys produce an estimate of the wolf population at a time when most winter mortality has already occurred and before the birth of pups. Thus, Wisconsin wolf population estimates are conservative in two respects: they undercount lone wolves and the count is made at the annual low point of the population. This methodology is consistent with the recovery criteria established in the 1992 Recovery Plan, which established numerical criteria to be measured with data obtained by late-winter surveys.
During the July 2004 through June 2005 period, 63 radio collars were active on Wisconsin wolves, including 7 dispersers. At the beginning of the winter of 2004-05 radio collars were functioning in at least 39 packs
hodology is consistent with the recovery criteria established in the 1992 Recovery Plan, which established numerical criteria to be measured with data obtained by late-winter surveys.
During the July 2004 through June 2005 period, 63 radio collars were active on Wisconsin wolves, including 7 dispersers. At the beginning of the winter of 2004-05 radio collars were functioning in at least 39 packs. An estimated 425 to 455 wolves in 108 packs, including 11 to 13 wolves on Native American reservations, were in the State in early 2005, representing a 14 percent increase from 2004 (Wydeven et al. 2005a).
Wisconsin population estimates for 1985 through 2005 increased from 15 to 425-455 wolves (see Table 1 above) and from 4 to 108 packs (Wydeven et al. 2005a). This represents an annual increase of 21 percent through 2000, and an average annual increase of 11 percent for the most recent five years. This declining rate of increase may indicate that the Wisconsin wolf population is nearing the carrying capacity in the State.
In 1995, wolves were first documented in Jackson County, Wisconsin, well to the south of the northern Wisconsin area occupied by other Wisconsin wolf packs. The number of wolves in this central Wisconsin area has dramatically increased since that time. During the winter of 2004-05, there were 42-44 wolves in 11 packs in the central forest wolf range (Zone 2 in the Wisconsin Wolf Management Plan) and an additional 19 wolves in 6 packs in the marginal habitat in Zone 3, located between Zone 1 (northern forest wolf range) and Zone 2 (Wisconsin DNR 1999, Wydeven et al. 2005a) (see Figure 3).
During the winter of 2002-03, 7 wolves were believed to be primarily occupying Native American reservation lands in Wisconsin (Wydeven et al. 2003); this increased to 11 to 13 wolves in the winter of 2004-05 (Wydeven in litt. 2005)
n 6 packs in the marginal habitat in Zone 3, located between Zone 1 (northern forest wolf range) and Zone 2 (Wisconsin DNR 1999, Wydeven et al. 2005a) (see Figure 3).
During the winter of 2002-03, 7 wolves were believed to be primarily occupying Native American reservation lands in Wisconsin (Wydeven et al. 2003); this increased to 11 to 13 wolves in the winter of 2004-05 (Wydeven in litt. 2005). The 2004-05 animals consisted of 2 packs totaling 7 to 9 wolves on the Bad River Chippewa Reservation and a pack of 4 wolves on the Lac Courtes Oreilles Chippewa Reservation, both in northern Wisconsin. There were an additional 24 to 26 wolves that spent some time on reservation lands in the winter of 2004-05, including the Lac du Flambeau Chippewa Reservation, the Red Cliff Chippewa Reservation, the St. Croix Chippewa Reservation, the Menominee Reservation, and the Ho Chunk Reservation. It is likely that the Potowatomi Reservation lands will also host wolves in the near future (Wydeven in litt. 2005). Of these reservations the Ho-Chunk, St. Croix Chippewa, and Potowatomi are composed mostly of scattered parcels of land, and are not likely to provide significant amounts of wolf habitat.
In 2002, wolf numbers in Wisconsin alone surpassed the Federal criterion for a second population, as identified in the 1992 Recovery Plan (i.e., 100 wolves for a minimum of 5 consecutive years, as measured by 6 consecutive late-winter counts). Furthermore, in 2004 Wisconsin wolf numbers exceeded the Recovery Plan criterion of 200 animals for 6 successive late-winter surveys for an isolated wolf population. The Wisconsin wolf population continues to increase, although the slower rates of increase seen since 2000 may be the first
Michigan
Wolves were extirpated from Michigan as a reproducing species long before they were listed as endangered in 1974. Prior to 1991, and excluding Isle Royale, the last known breeding population of wild Michigan wolves occurred in the mid-1950s
lated wolf population. The Wisconsin wolf population continues to increase, although the slower rates of increase seen since 2000 may be the first
Michigan
Wolves were extirpated from Michigan as a reproducing species long before they were listed as endangered in 1974. Prior to 1991, and excluding Isle Royale, the last known breeding population of wild Michigan wolves occurred in the mid-1950s. However, as wolves began to reoccupy northern Wisconsin, the MI DNR began noting single wolves at various locations in the Upper Peninsula of Michigan. In 1989, a wolf pair was verified in the central Upper Peninsula, and it produced pups in 1991. Since that time, wolf packs have spread throughout the Upper Peninsula, with immigration occurring from Wisconsin on the west and possibly from Ontario on the east. They now are found in every county of the Upper Peninsula, with the possible exception of Keweenaw County (Huntzinger et al. 2005).
The MI DNR annually monitors the wolf population in the Upper Peninsula by intensive late-winter tracking surveys that focus on each pack. The Upper Peninsula is divided into seven monitoring zones, and specific surveyors are assigned to each zone. Pack locations are derived from previous surveys, citizen reports, and extensive ground and aerial tracking of radio-collared wolves. During the winter of 2004-05 at least 87 wolf packs were resident in the Upper Peninsula (Huntzinger et al. 2005). A minimum of 40 percent of these packs had members with active radio-tracking collars during the winter of 2004-05 (Huntzinger et al. 2005). Care is taken to avoid double-counting packs and individual wolves, and a variety of evidence is used to distinguish adjacent packs and accurately count their members. Surveys along the border of adjacent monitoring zones are coordinated to avoid double-counting of wolves and packs occupying those border areas
ith active radio-tracking collars during the winter of 2004-05 (Huntzinger et al. 2005). Care is taken to avoid double-counting packs and individual wolves, and a variety of evidence is used to distinguish adjacent packs and accurately count their members. Surveys along the border of adjacent monitoring zones are coordinated to avoid double-counting of wolves and packs occupying those border areas. In areas with a high density of wolves, ground surveys by 4 to 6 surveyors with concurrent aerial tracking are used to accurately delineate territories of adjacent packs and count their members (Beyer et al. 2004, Huntzinger et al. 2005, Potvin et al. in press). As with Wisconsin, the Michigan surveys likely miss many lone wolves, thus underestimating the actual population.
Annual surveys have documented minimum late-winter estimates of wolves occurring in the Upper Peninsula as increasing from 57 wolves in 1994 to 405 in 87 packs in 2005 (see Table 1 above). Over the last 10 years the annualized rate of increase has been about 18 percent (MI DNR 1997, 1999, 2001, 2003; Beyer et al. 2003, 2004; Huntzinger et al. 2005). The rate of annual increase has varied from year to year during this period, but there appears to be two distinct phases of population growth, with relatively rapid growth (about 25 percent per year from 1997 through 2000) and slower growth (about 14 percent from 2000 to the present time). Similar to Wisconsin, this may indicate a slowing growth rate as the population increases. The 2005 late-winter population was up 13 percent from the previous year's estimated population (Huntzinger et al. 2005). As with the Wisconsin wolves, the number of wolves in the Michigan Upper Peninsula wolf population by itself has surpassed the recovery criterion for a second population in the eastern United States (i.e., 100 wolves for a minimum of 5 consecutive years, based on 6 late-winter estimates), as specified in the Federal Recovery Plan, since 2001
us year's estimated population (Huntzinger et al. 2005). As with the Wisconsin wolves, the number of wolves in the Michigan Upper Peninsula wolf population by itself has surpassed the recovery criterion for a second population in the eastern United States (i.e., 100 wolves for a minimum of 5 consecutive years, based on 6 late-winter estimates), as specified in the Federal Recovery Plan, since 2001. In addition, the Upper Peninsula numbers have now surpassed the Federal criterion for an isolated wolf population of 200 animals for 6 successive late-winter surveys (FWS 1992).
In 2004-05, no wolf packs were known to be primarily using tribal-owned lands in Michigan (Beyer pers comm. 2005). Native American tribes in the Upper Peninsula of Michigan own small, scattered parcels of land. As such, no one tribal property would likely support a wolf pack. However, as wolves occur in all counties in the Upper Peninsula and range widely, tribal land is likely utilized periodically by wolves.
As mentioned previously, the wolf population of Isle Royale National Park, Michigan, is not considered to be an important factor in the recovery or long-term survival of wolves in the WGL DPS. This small and isolated wolf population cannot make a significant numerical contribution to gray wolf recovery, although long-term research on this wolf population has added a great deal to our knowledge of the species. The wolf population on Isle Royale has ranged from 12 to 50 wolves since 1959, and was 30 wolves in the winter of 2004-05 (Peterson and Vucetich 2005).
Although there have been verified reports of wolf sightings in the Lower Peninsula of Michigan, resident breeding packs have not been confirmed there. In October 2004 the first gray wolf since 1910 was documented in the Lower Peninsula (LP). This wolf had been trapped and radio-collared by the MI DNR while it was a member of a central UP pack in late 2003. At some point it had moved to the LP and ultimately was killed by a trapper who believed it was a coyote (MI DNR 2004a)
sula of Michigan, resident breeding packs have not been confirmed there. In October 2004 the first gray wolf since 1910 was documented in the Lower Peninsula (LP). This wolf had been trapped and radio-collared by the MI DNR while it was a member of a central UP pack in late 2003. At some point it had moved to the LP and ultimately was killed by a trapper who believed it was a coyote (MI DNR 2004a). Shortly after that, MI DNR biologists and conservation officers confirmed that two additional wolves were traveling together in Presque Isle County in the northern Lower Peninsula (NLP). A subsequent two-week survey was conducted in that area, but no additional evidence of wolf presence was found (Huntzinger et al. 2005). Recognizing the likelihood that small numbers of gray wolves will eventually move into the Lower Peninsula and form persistent packs (Potvin 2003, Gehring and Potter 2005 in press), MI DNR has begun a revision of its Wolf Management Plan in part to incorporate provisions for wolf management there.
Summary for Wisconsin and Michigan
The two-State wolf population, excluding Isle Royale wolves, has exceeded 100 wolves since late-winter 1993-94 and has exceeded 200 wolves since late-winter 1995-96. Therefore, the combined wolf population for Wisconsin and Michigan has exceeded the second population recovery goal of the 1992 Recovery Plan for a non-isolated wolf population since 1999. Furthermore, the two-state population has exceeded the recovery goal for an isolated second population since 2001.
Other Areas in the Western Great Lakes DPS
As described earlier, the increasing wolf population in Minnesota and the accompanying expansion of wolf range westward and southwestward in the State have led to an increase in dispersing wolves that have been documented in North and South Dakota in recent years. No surveys have been conducted to document the number of wolves present in North Dakota or South Dakota
n the Western Great Lakes DPS
As described earlier, the increasing wolf population in Minnesota and the accompanying expansion of wolf range westward and southwestward in the State have led to an increase in dispersing wolves that have been documented in North and South Dakota in recent years. No surveys have been conducted to document the number of wolves present in North Dakota or South Dakota. However, biologists who are familiar with wolves there generally agree that there are only occasional lone dispersers that appear primarily in the eastern portion of these States. There were reports of pups being seen in the Turtle Mountains of North Dakota in
An examination of eight skulls from North and South Dakota wolves indicates that seven likely had dispersed from Minnesota; the eighth probably came from Manitoba, Canada (Licht and Fritts 1994). Genetic analyses of an additional gray wolf killed in 2001 in extreme northwestern South Dakota and another killed in central Nebraska in 2002 (both outside of this proposed WGL DPS) indicate that they, too, originated from the Minnesota-Wisconsin-Michigan wolf population (Straughan and Fain 2002, Steve Anschutz, USFWS, Lincoln, NE, in litt. 2003).
Additionally, some wolves from the Minnesota-Wisconsin-Michigan population have traveled to other portions of the WGL DPS. In October 2001, a wolf was killed in north-central Missouri by a farmer who stated that he thought it was a coyote. The wolf's ear tag identified it as having originated from the western portion of Michigan's Upper Peninsula, where it had been captured as a juvenile in July 1999. A wolf, presumably from the Wisconsin or possibly Minnesota wolf population, was shot and killed in Marshall County, in north-central Illinois, in December 2002. A second wolf was killed by a vehicle strike in northeastern Illinois in February 2005, and a third (verified as originating from the Western Great Lakes wolf population) was killed in Pike County, Illinois, (near Quincy) in December 2005
A wolf, presumably from the Wisconsin or possibly Minnesota wolf population, was shot and killed in Marshall County, in north-central Illinois, in December 2002. A second wolf was killed by a vehicle strike in northeastern Illinois in February 2005, and a third (verified as originating from the Western Great Lakes wolf population) was killed in Pike County, Illinois, (near Quincy) in December 2005. Another Great Lakes wolf was found dead in Randolph County in east-central Indiana (about 12 miles from the Ohio border) in June 2003. That wolf originated in Jackson County, Wisconsin, based on a Wisconsin DNR ear tag that it carried (Wydeven and Wiedenhoeft 2003b).
Wolf dispersal is expected to continue as wolves travel away from the more saturated habitats in the core recovery areas into areas where wolves are extremely sparse or absent. Unless they return to a core recovery population and join or start a pack there, they are unlikely to contribute to long-term maintenance of recovered wolf populations. Although it is possible for them to encounter a mature wolf of the opposite sex, to mate, and to reproduce outside the core wolf areas, the lack of large expanses of unfragmented public land make it unlikely that any wolf packs will persist in these areas. The only exception is the NLP of Michigan, where several studies indicate a persistent wolf population may develop (Gehring and Potter in press, Potvin 2003), perhaps dependent on occasional to frequent immigration of UP wolves. However, currently existing wolf populations in Minnesota, Wisconsin, and the UP of Michigan have already greatly exceeded the Federal recovery criteria, and maintaining viable recovered wolf populations in these areas will not be dependent in any way on wolves or wolf populations in other areas of the WGL DPS.
Previous Federal Action
On April 1, 2003, we published a final rule (68 FR 15804) that reclassified and delisted gray wolves, as appropriate, across their range in the 48 conterminous United States and Mexico
e Federal recovery criteria, and maintaining viable recovered wolf populations in these areas will not be dependent in any way on wolves or wolf populations in other areas of the WGL DPS.
Previous Federal Action
On April 1, 2003, we published a final rule (68 FR 15804) that reclassified and delisted gray wolves, as appropriate, across their range in the 48 conterminous United States and Mexico. Within that rule, we established three DPSs for the gray wolf. Gray wolves in the Western DPS and the Eastern DPS were reclassified from endangered to threatened, except where already classified as threatened or as an experimental population. Gray wolves in the Southwestern DPS retained their previous endangered or experimental population status. Three existing gray wolf experimental population designations were not affected by the April 1, 2003, final rule. We removed gray wolves from the protections of the Act in all or parts of 16 southern and eastern States where the species historically did not occur. We also established a new special rule under section 4(d) of the Act for the threatened Western DPS to increase our ability to effectively manage wolf-human conflicts outside the two experimental population areas in the Western DPS. In addition, we established a second section 4(d) rule that applied provisions similar to those previously in effect in Minnesota to most of the Eastern DPS. These two special rules were codified in 50 CFR 17.40(n) and (o), respectively. In that final rule (on page 15806), we included a detailed summary of the previous Federal actions completed prior to publication of that final rule. The final rule is available at http://www.fws.gov/midwest/wolf/esa-status/Reclass-final-fr.PDF . Therefore, we will not repeat the details of that history in this proposal.
On January 31, 2005, and August 19, 2005, the U.S. District Courts in Oregon and Vermont, respectively, concluded that the 2003 final rule was “arbitrary and capricious” and violated the ESA ( Defenders of Wildlife v
al rule. The final rule is available at http://www.fws.gov/midwest/wolf/esa-status/Reclass-final-fr.PDF . Therefore, we will not repeat the details of that history in this proposal.
On January 31, 2005, and August 19, 2005, the U.S. District Courts in Oregon and Vermont, respectively, concluded that the 2003 final rule was “arbitrary and capricious” and violated the ESA ( Defenders of Wildlife v. Norton , 03-1348-JO, D. OR 2005; National Wildlife Federation v. Norton , 1:03-CV-340, D. VT. 2005). The courts' rulings invalidated the April 2003 changes to the ESA listing for the gray wolf. These rulings had the effect of eliminating the three DPS listings and reverting all gray wolves south of Canada to endangered status, except those wolves in Minnesota retained their threatened status and the experimental population wolves in the northern U.S. Rockies and the Southwest retained their “nonessential experimental” status. These rulings also vacated the 2003 special rules under section 4(d) that authorized lethal control of problem wolves in the Eastern and Western DPSs. Because we had subsequently used the Eastern DPS as the basis for a July 21, 2004, gray wolf delisting proposal (69 FR 43664), that proposal could not be finalized.
On March 1, 2000, we received a petition from Mr. Lawrence Krak of Gilman, Wisconsin, and on June 28, 2000, we received a petition from the Minnesota Conservation Federation. Mr. Krak's petition requested the delisting of gray wolves in Minnesota, Wisconsin, and Michigan. The Minnesota Conservation Federation requested the delisting of gray wolves in a Western Great Lakes DPS. Because the data reviews resulting from the processing of these petitions would be a subset of the review begun by our July 13, 2000, proposal (65 FR 43450) to revise the current listing of the gray wolf across most of the conterminous United States, we did not initiate separate reviews in response to those two petitions
deration requested the delisting of gray wolves in a Western Great Lakes DPS. Because the data reviews resulting from the processing of these petitions would be a subset of the review begun by our July 13, 2000, proposal (65 FR 43450) to revise the current listing of the gray wolf across most of the conterminous United States, we did not initiate separate reviews in response to those two petitions. While we addressed these petitions in our July 21, 2004, proposed rule (69 FR 43664), this rule was mooted by the Court rulings. Therefore, this delisting proposal restates our 90-day findings that the action requested by each of the petitions may be warranted, as well as our 12-month finding that the action requested by each petition is warranted.
Distinct Vertebrate Population Segment Policy Overview
Pursuant to the ESA, we consider for listing any species, subspecies, or, for vertebrates, any DPS of these taxa if there is sufficient information to indicate that such action may be warranted. To interpret and implement the DPS provision of the ESA and Congressional guidance, the Service and the National Marine Fisheries Service (NMFS) published, on December 21, 1994, a draft Policy Regarding the Recognition of Distinct Vertebrate Population Segments under the ESA and invited public comments on it (59 FR 65884). After review of comments and further consideration, the Service and NMFS adopted the interagency policy as issued in draft form, and published it in the Federal Register on February 7, 1996 (61 FR 4722). This policy addresses the recognition of a
Under our DPS policy, three factors are considered in a decision regarding the establishment and classification of a possible DPS. These are applied similarly for additions to the list of endangered and threatened species, reclassification of already listed species, and removals from the list
it in the Federal Register on February 7, 1996 (61 FR 4722). This policy addresses the recognition of a
Under our DPS policy, three factors are considered in a decision regarding the establishment and classification of a possible DPS. These are applied similarly for additions to the list of endangered and threatened species, reclassification of already listed species, and removals from the list. The first two factors—discreteness of the population segment in relation to the remainder of the taxon (i.e., Canis lupus ) and the significance of the population segment to the taxon to which it belongs (i.e., Canis lupus )—bear on whether the population segment is a valid DPS. If a population meets both tests, it is a DPS and then the third factor is applied—the population segment's conservation status in relation to the ESA's standards for listing, delisting, or reclassification (i.e., is the population segment endangered or threatened).
Analysis for Discreteness
Under our Policy Regarding the Recognition of Distinct Vertebrate Population Segments, a population segment of a vertebrate taxon may be considered discrete if it satisfies either one of the following conditions—(1) It is markedly separated from other populations of the same taxon (i.e., Canis lupus ) as a consequence of physical, physiological, ecological, or behavioral factors (quantitative measures of genetic or morphological discontinuity may provide evidence of this separation); or (2) it is delimited by international governmental boundaries within which differences in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) of the ESA.
Markedly Separated From Other Populations of the Taxon —The western edge of the proposed Western Great Lakes Distinct Population Segment is approximately 400 mi (644 km) from the nearest known wolf packs in Wyoming and Montana
nces in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) of the ESA.
Markedly Separated From Other Populations of the Taxon —The western edge of the proposed Western Great Lakes Distinct Population Segment is approximately 400 mi (644 km) from the nearest known wolf packs in Wyoming and Montana. The distance between those western packs and the nearest packs within the proposed WGL DPS is nearly 600 miles (966 km). The area between Minnesota packs and Northern Rocky Mountain packs largely consists of unsuitable habitat, with only scattered islands of possibly suitable habitat, such as the Black Hills of eastern Wyoming and western South Dakota. There are no known gray wolf populations to the south or east of this proposed WGL DPS.
As discussed in the previous section, gray wolves are known to disperse over vast distances, but straight line documented dispersals of 400 mi (644 km) or more are very rare. Wolf dispersal is expected to continue but unless they return to a core recovery population and join or start a pack there, they are unlikely to contribute to long-term maintenance of recovered wolf populations. Dispersing wolves may encounter a mature wolf of the opposite sex outside the core wolf areas, but the lack of large expanses of unfragmented public land make it unlikely that any wolf packs will persist in these areas. While we cannot rule out the possibility of a Midwest wolf traveling 600 miles or more and joining or establishing a pack in the Northern Rockies, such a movement has not been documented and is expected to happen very infrequently, if at all. As the discreteness criterion requires that the DPS be “markedly separated” from other populations of the taxon rather than requiring complete isolation, this high degree of physical separation satisfies the discreteness criterion
miles or more and joining or establishing a pack in the Northern Rockies, such a movement has not been documented and is expected to happen very infrequently, if at all. As the discreteness criterion requires that the DPS be “markedly separated” from other populations of the taxon rather than requiring complete isolation, this high degree of physical separation satisfies the discreteness criterion.
Delimited by International Boundaries with Significant Management Differences Between the United States and Canada —This border has been used as the northern boundary of the listed entity since gray wolves were reclassified in the 48 states and Mexico in 1978. There remain significant cross-border differences in exploitation, management, conservation status, and regulatory mechanisms. More than 50,000 wolves exist in Canada, where suitable habitat is abundant, human harvest of wolves is common, Federal protection is absent, and provincial regulations provide widely varying levels of protection. In general, Canadian wolf populations are sufficiently large and healthy so that harvest and population regulation, rather than protection and close monitoring, is the management focus. There are an estimated 4,000 wolves in Manitoba (Manitoba Conservation undated). Hunting is allowed nearly province-wide, including in those provincial hunting zones adjoining northwestern Minnesota, with a current season that runs from August 29, 2005, through March 31, 2006 (Manitoba Conservation 2005a). Trapping wolves is allowed province-wide except in and immediately around Riding Mountain Provincial Park (southwestern Manitoba), with a current season running from October 14, 2005, through February 28 or March 31, 2006 (varies with trapping zone) (Manitoba Conservation 2005b). The Ontario Ministry of Natural Resources estimates there are 8,850 wolves in the province, based on prey composition and abundance, topography, and climate
ide except in and immediately around Riding Mountain Provincial Park (southwestern Manitoba), with a current season running from October 14, 2005, through February 28 or March 31, 2006 (varies with trapping zone) (Manitoba Conservation 2005b). The Ontario Ministry of Natural Resources estimates there are 8,850 wolves in the province, based on prey composition and abundance, topography, and climate. Wolf numbers in most parts of the province are believed to be stable or increasing since about 1993 (Ontario Ministry of Natural Resources (MNR) 2005a). In 2005 Ontario limited hunting and trapping of wolves by closing the season from April 1 through September 14 in central and northern Ontario (Ontario MNR 2005b). In southern Ontario (the portion of the province that is adjacent to the proposed WGL DPS), wolf hunting and trapping is permitted year around except within, and immediately around, Algonquin Provincial Park in southeastern Ontario (north of Lake Ontario) where seasons are closed all year (Ontario MNR 2005c).
We, therefore, conclude that the above described proposed WGL DPS boundary would satisfy both conditions that can be used to demonstrate discreteness of a potential DPS.
Analysis for Significance
If we determine a population segment is discrete, we next consider available scientific evidence of its significance to the taxon (i.e., Canis lupus ) to which it belongs. Our DPS policy states that this consideration may include, but is not limited to, the following—(1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon; (2) evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon; (3) evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside its historic range; and/or (4) evidence that the discrete population segment differs markedly from other populations of the species in its
population segment would result in a significant gap in the range of the taxon; (3) evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside its historic range; and/or (4) evidence that the discrete population segment differs markedly from other populations of the species in its genetic characteristics. Below we address Factors 1 and 2. Factors 3 and 4 do not apply to the proposed WGL wolf DPS and thus are not included in our analysis for significance.
Unusual or Unique Ecological Setting —Wolves within the proposed WGL DPS occupy the Laurentian Mixed Forest Province, a biotic province that is transitional between the boreal forest and the broadleaf deciduous forest. Laurentian Mixed Forest consists of mixed conifer-deciduous stands, pure deciduous forest on favorable sites, and pure coniferous forest on less favorable sites. Within the United States this biotic province occurs across northeastern Minnesota, northern Wisconsin, the UP, and the NLP, as well as the eastern half of Maine, and portions of New York and Pennsylvania (Bailey 1995). In the Midwest, current wolf distribution closely matches this
Significant Gap in the Range of the Taxon —This factor may be primarily of value when considering the initial listing of a taxon under the Act to prevent the development of a major gap in a taxon's range (“* * * loss * * * would result in a significant gap in the range of the taxon” (71 FR 6641)). However, this successful restoration of a viable wolf metapopulation to large parts of Minnesota, Wisconsin, and Michigan has filled a significant gap in the historical range of the wolf in the United States, and it provides an important extension of the range of the North American gray wolf population
e (“* * * loss * * * would result in a significant gap in the range of the taxon” (71 FR 6641)). However, this successful restoration of a viable wolf metapopulation to large parts of Minnesota, Wisconsin, and Michigan has filled a significant gap in the historical range of the wolf in the United States, and it provides an important extension of the range of the North American gray wolf population. Without the recovered Western Great Lakes wolf metapopulation, there would not be a wolf population in the conterminous States east of the Rocky Mountains except for the red wolves being restored along the Atlantic Coast.
Conclusion
We conclude, based on our review of the best available scientific information, that the proposed WGL DPS is discrete from other wolf populations as a result of physical separation and the international border with Canada. The proposed DPS is significant to the taxon to which it belongs because it is the only occurrence of the species in the Laurentian Mixed Forest Biotic Province in the United States, it contains a wolf metapopulation that fills a large gap in the historical range of the taxon, and it contains the majority of the wolves in the conterminous States. Therefore, we have determined that this population of wolves satisfies the discreteness and significance criteria required to designate it as a DPS. The evaluation of the appropriate conservation status for the WGL DPS is found below.
Delineating the WGL Gray Wolf Population DPS
To delineate the boundary of the WGL DPS, we considered the current distribution of the wolves in those areas we consider significant in the population and the potential dispersal distance wolves may travel from those core population areas
to designate it as a DPS. The evaluation of the appropriate conservation status for the WGL DPS is found below.
Delineating the WGL Gray Wolf Population DPS
To delineate the boundary of the WGL DPS, we considered the current distribution of the wolves in those areas we consider significant in the population and the potential dispersal distance wolves may travel from those core population areas. The WGL DPS boundary includes all of Minnesota, Wisconsin, and Michigan; the part of North Dakota that is north and east of the Missouri River upstream as far as Lake Sakakawea and east of Highway 83 from Lake Sakakawea to the Canadian border; the part of South Dakota that is north and east of the Missouri River; the parts of Iowa, Illinois, and Indiana that are north of Interstate Highway 80; and the part of Ohio north of Interstate Highway 80 and west of the Maumee River (at Toledo). (See Figure 1.) As discussed below, this DPS has been delineated to include the core recovered wolf population plus a zone around the core wolf populations. This geographic delineation is not intended to include all areas where wolves have dispersed from. Rather, it includes the area currently occupied by wolf packs in MN, WI, and MI; the nearby areas in these States, including the Northern Lower Peninsula of Michigan, in which wolf packs may become established in the foreseeable future; and a surrounding area into which MN, WI, and MI wolves disperse but where persistent packs are not expected to be established. The area surrounding the core wolf populations includes the locations of most known dispersers from the core populations, especially the shorter and medium-distance dispersers that are most likely to survive and potentially return to the core areas.
BILLING CODE 4310-55-P EP27MR06.000
BILLING CODE 4310-55-C The WGL areas that are regularly occupied by wolf packs are well documented in Minnesota (Erb and Benson 2004), Wisconsin (Wydeven et al. 2006), and the Upper Peninsula of Michigan (Huntzinger et al 2005)
ons, especially the shorter and medium-distance dispersers that are most likely to survive and potentially return to the core areas.
BILLING CODE 4310-55-P EP27MR06.000
BILLING CODE 4310-55-C The WGL areas that are regularly occupied by wolf packs are well documented in Minnesota (Erb and Benson 2004), Wisconsin (Wydeven et al. 2006), and the Upper Peninsula of Michigan (Huntzinger et al 2005). Wolves have successfully colonized most, perhaps all, suitable habitat in Minnesota. Minnesota data from the winter of 2003-2004 indicate that wolf numbers and density either have
When delineating the WGL DPS, we had to consider the high degree of mobility shown by wolves. The dispersal of wolves from their natal packs and territories is a normal and important behavioral attribute of the species that facilitates the formation of new packs, the occupancy of vacant territories, and the expansion of occupied range by the “colonization” of vacant habitat. Data on wolf dispersal rates from numerous North American studies (Fuller et al. 2003, Boyd and Pletscher 1991) shows dispersal rates of 13 to 48 percent of the individuals in a pack. Sometimes the dispersal is temporary, and the wolf ends its extra-territorial movement by returning to a location in or near its natal territory. In some cases a wolf may continue its movement for scores or even hundreds of miles until it locates suitable habitat, where it may establish a territory or join an existing pack. In other cases, a wolf may die while apparently continuing its dispersal movement, leaving unanswered the questions of how far it would have gone and whether it eventually would have returned to its natal area or population.
Published and unpublished scientific data provide a great deal of insight into the magnitude of extra-territorial movements, and document the following:
Minnesota —The current record for a documented extra-territorial movement by a gray wolf in North America is held by a Minnesota wolf that moved a straight line distance of at least 550 mi
y would have returned to its natal area or population.
Published and unpublished scientific data provide a great deal of insight into the magnitude of extra-territorial movements, and document the following:
Minnesota —The current record for a documented extra-territorial movement by a gray wolf in North America is held by a Minnesota wolf that moved a straight line distance of at least 550 mi. (886 km) northwest into Saskatchewan (Fritts 1983). Nineteen other primarily MN movements summarized by Mech (2005 in litt.) averaged 154 mi (248 km). Their straight-line distance of travel (i.e., from known starting location to most distant known location) ranged from 32-532 mi (53-886 km) with the straight-line maximum dispersal distance shown by known returning wolves ranging from 54 mi (90 km) to 307 mi (494 km).
Michigan —Drummer et al. (2002) reported 10 instances involving UP wolves. One of these wolves moved to northcentral Missouri and another to southeastern Wisconsin, both beyond the core wolf areas in the WGL. The average straight-line distance traveled by those two wolves was 377 mi (608 km), while the average straight-line distance for all 10 of these wolves was 232 mi. (373 km). Their straight-line distances ranged from 41 to 468 mi. (66 to 753 km).
Wisconsin —In 2004 a wolf tagged in Michigan was killed by a vehicle in Rusk County in northwestern Wisconsin, 295 miles (475 km) west of his original capture location in the eastern UP (Wydeven et al. 2005). A similar distance (298 mi, 480 km) was traveled by a north-central Wisconsin yearling female wolf that moved to the Rainy Lake region of Ontario during 1988-1989 (Wydeven et al. 1995).
In December 2002 a wolf was shot and killed in Marshall County, Illinois. This wolf likely dispersed from the Wisconsin wolf population, nearly 200 miles (322 km) to the north (Great Lakes Directory 2003)
2005). A similar distance (298 mi, 480 km) was traveled by a north-central Wisconsin yearling female wolf that moved to the Rainy Lake region of Ontario during 1988-1989 (Wydeven et al. 1995).
In December 2002 a wolf was shot and killed in Marshall County, Illinois. This wolf likely dispersed from the Wisconsin wolf population, nearly 200 miles (322 km) to the north (Great Lakes Directory 2003). Another wolf known to have come from a central Wisconsin wolf pack was found shot in Randolph County in east central Indiana about 12 miles from the Ohio border in June 2003. It had traveled a minimum distance of at least 420 miles (676 km) to get around Lake Michigan; it likely traveled much father than that unless it went through the city or suburbs of Chicago (Wydeven et al. 2004). Another likely Wisconsin wolf was shot in Pike County, Illinois, in late 2005. This animal was about 300 mi (180 km) from the nearest wolf packs in central Wisconsin.
North Dakota, South Dakota, and Nebraska —Licht and Fritts (1994) tabulated 10 gray wolves found dead in ND and SD from 1981 through 1992. Seven of these are believed to have originated from Minnesota, based on skull morphometrics. (Another probably originated in Manitoba and the likely origins of the other two wolves are unknown.) Although none of these wolves were marked or radio-tracked, making it impossible to determine the point of initiation of their journey, a minimum straight-line travel distance can be determined from the nearest wolf breeding range in MN. For the seven, the average distance to the nearest wolf breeding range was 160 mi (257 km) and ranged from 29 to 329 mi (46 to 530 km). One of these seven wolves moved west of the Missouri River before it died.
Genetic analysis of a wolf killed in Harding County, in extreme northwestern South Dakota, in 2001 indicated that it originated from the Minnesota-Wisconsin-Michigan wolf population (Straughan and Fain 2002)
verage distance to the nearest wolf breeding range was 160 mi (257 km) and ranged from 29 to 329 mi (46 to 530 km). One of these seven wolves moved west of the Missouri River before it died.
Genetic analysis of a wolf killed in Harding County, in extreme northwestern South Dakota, in 2001 indicated that it originated from the Minnesota-Wisconsin-Michigan wolf population (Straughan and Fain 2002). The straight-line travel distance to the nearest Minnesota wolf pack is nearly 400 miles (644 km).
A wolf illegally killed near Spalding, Nebraska, in December of 2002 also originated from the Minnesota-Wisconsin-Michigan wolf population, as determined by genetic analysis (Anschutz, in litt. 2003). The nearest Minnesota wolf pack is nearly 350 miles (563 km) from this location.
Other notable extra-territorial movements —Notable are several wolves whose extra-territorial movements were radio-tracked in sufficient detail to provide insight into their actual travel routes and total travel distances for each trek, rather than only documenting straight-line distance from beginning to end-point. Merrill and Mech (2000) reported on four such Minnesota wolves with a documented travel distance ranging from 305 to 2641 mi (490 to 4251 km) and an average travel route length of 988 mi (1590 km). Wydeven (1994) described a WI wolf that moved from northwestern WI to the northern suburbs of St. Paul, Minnesota, for 2 weeks (apparently not seen or reported to authorities by the local residents), then moved back to north-central WI. The total travel distance was 278 mi (447 km) from her natal pack to the north-central WI location where she settled down.
From these extra-territorial movement records we conclude that gray wolf movements of over 200 miles (320 km) straight-line distance have been documented on numerous occasions, while shorter distance movements are more frequent
esidents), then moved back to north-central WI. The total travel distance was 278 mi (447 km) from her natal pack to the north-central WI location where she settled down.
From these extra-territorial movement records we conclude that gray wolf movements of over 200 miles (320 km) straight-line distance have been documented on numerous occasions, while shorter distance movements are more frequent. Movements of 300 miles (480 km) straight-line distance or more are less common, but include one Minnesota wolf that journeyed a straight-line distance of 300 mi (480 km) and a known minimum distance of 2,550 mi (4251 km) before it reversed direction, as determined by its satellite-tracked collar. This wolf returned to a spot only 24 mi (40 km) from its natal territory (Merrill and Mech 2000). While much longer movements have been documented, including some by WGL wolves, return movements to the vicinity of natal territories have not been documented for extra-territorial movements beyond 300 mi (480 km).
Based on extra-territorial movement data, we conclude that affiliation with the midwestern wolf population has
Summary of Factors Affecting the Species
Section 4 of the ESA and regulations (50 CFR Part 424) promulgated to implement the listing provisions of the ESA set forth the procedures for listing, reclassifying, and delisting species. Species may be listed as threatened or endangered if one or more of the five factors described in section 4(a)(1) of the ESA threaten the continued existence of the species. A species may be delisted, according to 50 CFR 424.11(d), if the best scientific and commercial data available substantiate that the species is neither endangered nor threatened because of (1) extinction, (2) recovery, or (3) error in the original data used for classification of the species.
A recovered population is one that no longer meets the ESA's definition of threatened or endangered
cies. A species may be delisted, according to 50 CFR 424.11(d), if the best scientific and commercial data available substantiate that the species is neither endangered nor threatened because of (1) extinction, (2) recovery, or (3) error in the original data used for classification of the species.
A recovered population is one that no longer meets the ESA's definition of threatened or endangered. The ESA defines an endangered species as one that is in danger of extinction throughout all or a significant portion of its range. A threatened species is one that is likely to become endangered in the foreseeable future throughout all or a significant portion of its range. Determining whether a species is recovered requires consolidation of the same five categories of threats specified in section 4(a)(1). For species that are being considered for delisting, this analysis of threats is an evaluation of both the threats currently facing the species and the threats that could potentially affect the species in the foreseeable future after its delisting and the consequent removal of the Act's protections.
For the purposes of this notice, we consider “foreseeable future” to be 30 years. This is a period for which we can make reasonable assumptions, based on recent and current observations, regarding the continuation of current trends in human attitudes and behaviors, regulatory mechanisms, and environmental factors that will be the primary determinants of threats to wolf populations in the future.
For the purposes of this notice, the “range” of wolves in this WGL DPS is the area within the DPS boundaries where viable populations of the species now exist. However, a species' historical range is also considered because it helps inform decisions on the species' status in its current range. While wolves historically occurred throughout the geographic area of the DPS, large portions of its historical range are no longer able to support viable wolf populations
L DPS is the area within the DPS boundaries where viable populations of the species now exist. However, a species' historical range is also considered because it helps inform decisions on the species' status in its current range. While wolves historically occurred throughout the geographic area of the DPS, large portions of its historical range are no longer able to support viable wolf populations.
Significance of a portion of the range is viewed in terms of biological significance rather than in quantitative terms. A portion of a species' range that is so important to the continued existence of the species that threats to the species in that area can threaten the viability of the species, subspecies, or DPS as a whole is considered to be a significant portion of the range. In regard to the WGL DPS, the significant portions of the gray wolf's range are those areas that are important or necessary for maintaining a viable, self-sustaining, and evolving representative meta-population or multiple separate populations in order for the WGL DPS to persist into the foreseeable future.
The following analysis examines all significant factors currently affecting wolf populations or likely to affect wolf populations within the foreseeable future. Factor A considers all factors affecting both currently occupied and potentially suitable habitat (defined below in Factor A). The issues discussed under Factors B, C, and E are analyzed throughout the entire DPS. Adequate regulatory mechanisms (Factor D) are discussed for each of the States within the DPS, with an emphasis on the three States with enough suitable habitat to sustain viable wolf populations (Minnesota, Wisconsin, and Michigan).
A. The Present or Threatened Destruction, Modification, or Curtailment of its Habitat or Range
A common misperception is that wolves inhabit only remote portions of pristine forests or mountainous areas, where human developments and other activities have produced negligible change to the natural landscape
suitable habitat to sustain viable wolf populations (Minnesota, Wisconsin, and Michigan).
A. The Present or Threatened Destruction, Modification, or Curtailment of its Habitat or Range
A common misperception is that wolves inhabit only remote portions of pristine forests or mountainous areas, where human developments and other activities have produced negligible change to the natural landscape. Their extirpation south of Canada and Alaska, except for the heavily forested portions of northeastern Minnesota, reinforced this popular belief. Wolves, however, survived in those areas not because those were the only places with the necessary habitat conditions, but because only in those remote areas were they sufficiently free of the human persecution that elsewhere killed wolves faster than the species could reproduce (Mech 1995).
In the western Great Lakes region, wolves in the densely forested northeastern corner of Minnesota have expanded into the more agricultural portions of central and northwestern Minnesota, northern and central Wisconsin, and the entire Upper Peninsula of Michigan. Habitats currently being used by wolves span the broad range from the mixed hardwood-coniferous forest wilderness area of northern Minnesota, through sparsely settled, but similar habitats in Michigan's Upper Peninsula and northern Wisconsin, and into more intensively cultivated and livestock-producing portions of central and northwestern Minnesota and central Wisconsin.
Wolf research and the expansion of wolf range over the last three decades have shown that wolves can successfully occupy a wide range of habitats, and they are not dependent on wilderness areas for their survival (Mech 1995). In the past, gray wolf populations occupied nearly every type of habitat north of mid-Mexico that contained large ungulate prey species, including bison, elk, white-tailed deer, mule deer, moose, and woodland caribou; thus, wolves historically occupied the entire Midwest
can successfully occupy a wide range of habitats, and they are not dependent on wilderness areas for their survival (Mech 1995). In the past, gray wolf populations occupied nearly every type of habitat north of mid-Mexico that contained large ungulate prey species, including bison, elk, white-tailed deer, mule deer, moose, and woodland caribou; thus, wolves historically occupied the entire Midwest. An inadequate prey density and a high level of human persecution appear to be the only factors that limit wolf distribution (Mech 1995).
An indication of the availability of suitable habitat in portions of historical range is the increase in Midwest wolf population levels. In Minnesota, four comparable surveys of wolf numbers and range have been carried out since 1979. These surveys estimated that there et al. 1992, Berg and Benson 1999, Erb and Benson 2004) (see “Recovery in the Western Great Lakes DPS,” above, for additional details on the increase in numbers and range of Minnesota wolves).
Hearne et al. (2003), determined that a viable wolf population (that is, having less than 10 percent chance of extinction over 100 years) should consist of at least 175 to 225 wolves, and they modeled various likely scenarios of habitat conditions in the Upper Peninsula of Michigan and northern Wisconsin through the year 2020 to determine whether future conditions would support a wolf population of that size. Most scenarios of future habitat conditions resulted in viable wolf populations in each State through 2020. When the model analyzed the future conditions in the two States combined, all scenarios produced a viable wolf population through 2020. Their scenarios included increases in human population density, changes in land ownership that may result in decreased habitat suitability, and increased road density.
Federal Lands
National forests, and the prey species found in their various habitats, have been important to wolf conservation and recovery in the core areas of the WGL DPS
enarios produced a viable wolf population through 2020. Their scenarios included increases in human population density, changes in land ownership that may result in decreased habitat suitability, and increased road density.
Federal Lands
National forests, and the prey species found in their various habitats, have been important to wolf conservation and recovery in the core areas of the WGL DPS. There are five national forests with resident wolves (Superior, Chippewa, Chequamegon-Nicolet, Ottawa, and Hiawatha National Forests) in Minnesota, Wisconsin and Michigan. Their wolf populations range from approximately 20 on the Nicolet portion of the Chequamegon-Nicolet National Forest in northeastern Wisconsin, to 160-170 on the UP's Ottawa National Forest, to an estimated 465 (in winter of 2003-04) on the Superior National Forest in northeastern Minnesota (Lindquist in litt. 2005). Nearly half of the wolves in Wisconsin currently use the Chequamegon portion of the Chequamegon-Nicolet National Forest.
Voyageurs National Park, along Minnesota's northern border, has a land base of nearly 882 km 2 (340 mi 2 ). There are 40 to 55 wolves within 7 to 11 packs that exclusively or partially reside within the park, and at least 4 packs are located wholly inside the Park boundaries (Holbeck, Voyageurs NP, in litt. 2005, based on 2000-2001 data).
In the WGL DPS, we currently manage seven units within the National Wildlife Refuge System with significant wolf activity. Primary among these are Agassiz National Wildlife Refuge (NWR), Tamarac NWR, and Rice Lake NWR in Minnesota; Seney NWR in the Upper Peninsula of Michigan; and Necedah NWR in central Wisconsin. Agassiz NWR has had as many as 20 wolves in 2 to 3 packs in recent years. In 1999, mange and illegal shootings reduced them to a single pack of five wolves and a separate lone wolf. Since 2001, however, two packs with a total of 10 to 12 wolves have been using the refuge
Tamarac NWR, and Rice Lake NWR in Minnesota; Seney NWR in the Upper Peninsula of Michigan; and Necedah NWR in central Wisconsin. Agassiz NWR has had as many as 20 wolves in 2 to 3 packs in recent years. In 1999, mange and illegal shootings reduced them to a single pack of five wolves and a separate lone wolf. Since 2001, however, two packs with a total of 10 to 12 wolves have been using the refuge. About 60 percent of the packs' territories are located on the Refuge or on adjacent State-owned wildlife management area (Gary Huschle, USFWS, in litt. 2005). Tamarac NWR has 2 packs, with a 15-year average of 12 wolves in one pack; adults and an unknown number of pups comprise the second pack (Barbara Boyle, USFWS, in litt. 2005). Rice Lake NWR, in Minnesota, has one pack of nine animals using the refuge in 2004; in 2005, the pack had at least 6 individuals. Other single or paired wolves pass through the refuge frequently (Mary Stefanski, USFWS, pers. comm. 2004; Michelle McDowell, USFWS, in litt. 2005). In 2003, Seney NWR had one pack with two adults and two pups; in 2005 there were two pairs of wolves and several lone individuals using the Refuge (Dave Olson, USFWS, in litt. 2005). Necedah NWR currently has 2 packs with at least 13 wolves in the packs (Joel Trick, USFWS, in litt. 2005). Over the past 10 years, Sherburne and Crane Meadows NWRs in central Minnesota have had intermittent, but reliable, observations and signs of individual wolves each year. To date, no established packs have been documented on either of those refuges. The closest established packs are within 15 miles of Crane Meadows NWR at Camp Ripley Military Installation and 30 miles north of Sherburne NWR at Mille Lacs State Wildlife Management Area (Jeanne Holler, USFWS, in litt. 2005).
Suitable Habitat Within the Western Great Lakes Gray Wolf DPS
Various researchers have investigated habitat suitability for wolves in the eastern portion of the United States
osest established packs are within 15 miles of Crane Meadows NWR at Camp Ripley Military Installation and 30 miles north of Sherburne NWR at Mille Lacs State Wildlife Management Area (Jeanne Holler, USFWS, in litt. 2005).
Suitable Habitat Within the Western Great Lakes Gray Wolf DPS
Various researchers have investigated habitat suitability for wolves in the eastern portion of the United States. In recent years, most of these efforts have focused on using human density, deer density or deer biomass, and road density, or have used road density alone to identify areas where wolf populations are likely to persist or become established (Mladenoff et al. 1995, 1997, 1998, 1999; Harrison and Chapin 1998; Wydeven et al. 2001; Potvin et al. in press).
Road density has largely been adopted as the best predictor of habitat suitability in the Northeast and Midwest due to the connection between roads and human-related wolf mortality. Several studies demonstrated that wolves generally did not maintain breeding packs in areas with a road density greater than about 0.9 to 1.1 linear miles per square mile (0.6 to 0.7 km/km 2 ) (Thiel 1985; Jensen et al. 1986; Mech et al. 1988; Fuller et al. 1992). Work by Mladenoff and associates indicated that colonizing wolves in Wisconsin preferred areas where road densities were less than 0.7 mi/sq mi (0.45 km/sq km) (Mladenoff et al. 1995). However, recent work in the UP of Michigan indicates that in some areas with low road densities, low deer density appears to separately limit wolf occupancy (Potvin et al. in press) and may prevent recolonization of portions of the UP.
Road density increases various forms of other human-related wolf mortality factors. A rural area with more roads generally has a greater human density, more vehicular traffic, greater access by hunters and trappers, more farms and residences, and more domestic animals. As a result, there is a greater likelihood that wolves in such an area will encounter humans, domestic animals, and various human activities
ty increases various forms of other human-related wolf mortality factors. A rural area with more roads generally has a greater human density, more vehicular traffic, greater access by hunters and trappers, more farms and residences, and more domestic animals. As a result, there is a greater likelihood that wolves in such an area will encounter humans, domestic animals, and various human activities. These encounters may result in wolves being hit by motor vehicles, being controlled by government agents after becoming involved in depredations on domestic animals, being shot intentionally by unauthorized individuals, being trapped or shot accidentally, or contracting diseases from domestic dogs (Mech et al. 1988; Mech and Goyal 1983; Mladenoff et al. 1995). Based on mortality data from radio-collared Wisconsin wolves from 1979 to 1999, natural causes of death predominate (57 percent of mortalities) in areas with road densities below 1.35 mi/sq mi (0.84 km/sq km), but human-related factors produced 71 percent of the wolf deaths in areas with higher road densities (Wydeven et al. 2001).
Some researchers have used a road density of 1 mi/sq mi (0.6 km/sq km) of land area as an upper threshold for suitable wolf habitat. However, the common practice in more recent studies is to use road density to predict probabilities of persistent wolf pack presence in an area. Areas with road densities less than 0.7 mi/sq mi (0.45 km/sq km) are estimated to have a greater than 50 percent probability of wolf pack colonization, and areas where road density exceeded 1 mi/sq mi (0.6 km/sq km) have less than a 10 percent probability of occupancy (Mladenoff et al 1995; Mladenoff and Sickley 1998; Mladenoff et al. 1999; Wydeven et al. 2001). The territories of packs that do
Recent surveys for Wisconsin wolves and wolf packs show that wolves have now recolonized the areas predicted by habitat models to have high and moderate probability of occupancy (primary and secondary wolf habitat) (Wisconsin DNR 1999)
percent probability of occupancy (Mladenoff et al 1995; Mladenoff and Sickley 1998; Mladenoff et al. 1999; Wydeven et al. 2001). The territories of packs that do
Recent surveys for Wisconsin wolves and wolf packs show that wolves have now recolonized the areas predicted by habitat models to have high and moderate probability of occupancy (primary and secondary wolf habitat) (Wisconsin DNR 1999). The late winter 2004-05 Wisconsin wolf survey identified packs occurring throughout the central Wisconsin forest area and across the northern forest zone, with highest pack densities in the northwest and north central forest; pack densities are lower, but increasing, in the northeastern corner of the State (Wydeven and Wiedenhoeft 2005b). Michigan wolf surveys in winter 2003-04 and 2004-05 continue to show wolf pairs or packs (defined by Michigan DNR as three or more wolves traveling together) in every UP county except Keweenaw County, which probably lacks a suitable ungulate prey base during winter months (Huntzinger et al. 2005).
Habitat suitability studies in the Upper Midwest indicate that the only large areas of suitable or potentially suitable habitat areas that are currently unoccupied by wolves are located in the Northern Lower Peninsula (NLP) of Michigan (Mladenoff et al. 1997; Mladenoff et al 1999; Potvin 2003; Gehring and Potter, in press, Wildlife Soc. Bull.). One Michigan study (Gehring and Potter, in press) estimates that these areas could host 46 to 89 wolves; a masters degree thesis investigation (Potvin 2003) estimates that 110-480 wolves could exist in the NLP. The NLP is separated from the UP by the Straits of Mackinac, whose 4-mile width freezes during mid- and late-winter during some years. In recent years there have been two documented occurrences of wolves in the NLP (the last recorded wolf in the LP was in 1910). In the first instance a radio-collared female wolf from the central UP was trapped and killed by a coyote trapper in Presque Isle County in late October 2004
from the UP by the Straits of Mackinac, whose 4-mile width freezes during mid- and late-winter during some years. In recent years there have been two documented occurrences of wolves in the NLP (the last recorded wolf in the LP was in 1910). In the first instance a radio-collared female wolf from the central UP was trapped and killed by a coyote trapper in Presque Isle County in late October 2004. In late November 2004, tracks from two wolves were verified in the same NLP county. Follow-up winter surveys by the DNR in early 2005 failed to find additional wolf tracks in the NLP (Huntzinger et al. 2005); additional surveys are being conducted in February and March 2006. However, it probably is only a matter of several years before wolf pup production is documented in the NLP.
These NLP patches of suitable habitat contain a great deal of private land, are small in comparison to the occupied habitat on the UP and in MN and WI, and are intermixed with agricultural and higher road density areas (Gehring and Potter in press). Therefore, continuing wolf immigration from the UP may be necessary to maintain an NLP population. The Gehring and Potter study concludes that NLP suitable habitat (i.e., areas with greater than a 50 percent probability of wolf occupancy) amounts to 850 sq mi (2,198 sq km). Potvin, using deer density in addition to road density, believes there are about 3,090 sq mi (8,000 sq km) of suitable habitat in the NLP. Gehring and Potter exclude from their calculations those NLP low road density patches that are less than 19 sq mi (50 sq km), while Potvin does not limit habitat patch size in his calculations (Gehring and Potter in press; Potvin 2003)
850 sq mi (2,198 sq km). Potvin, using deer density in addition to road density, believes there are about 3,090 sq mi (8,000 sq km) of suitable habitat in the NLP. Gehring and Potter exclude from their calculations those NLP low road density patches that are less than 19 sq mi (50 sq km), while Potvin does not limit habitat patch size in his calculations (Gehring and Potter in press; Potvin 2003). Both of these area estimates are well below the minimum area described in the Federal Recovery Plan, which states that 10,000 sq mi (25,600 sq km) of contiguous suitable habitat is needed for a viable isolated gray wolf population, and half that area (5,000 sq mi or 12,800 sq km) is needed to maintain a viable wolf population that is subject to wolf immigration from a nearby population (USFWS 1992).
It is generally recognized that Minnesota, Wisconsin, and Michigan, provide the only sufficiently large areas with adequate wild ungulate prey base and low road and human density within this proposed DPS (USFWS 1992). The only other area within the proposed WGL DPS that potentially might hold wolves on a frequent or possibly constant basis is the Turtle Mountain region that straddles the international border in north central North Dakota. Road densities within the Turtle Mountains are below the thresholds believed to limit colonization by wolves. However, this habitat area is only on the order of 579 sq mi (1,500 sq km), with approximately 394 sq mi (1,020 sq km) in North Dakota, and roughly 185 sq mi (480 sq km) in Manitoba (Licht and Huffman 1996). This area is far less than the recommendation in the Recovery Plan for the Eastern Timber Wolf as the minimum area of habitat necessary to support a wolf population (FWS 1992). Furthermore, the Manitoba portion of the Turtle Mountains is outside the currently listed area for the gray wolf and outside this proposed WGL DPS
ota, and roughly 185 sq mi (480 sq km) in Manitoba (Licht and Huffman 1996). This area is far less than the recommendation in the Recovery Plan for the Eastern Timber Wolf as the minimum area of habitat necessary to support a wolf population (FWS 1992). Furthermore, the Manitoba portion of the Turtle Mountains is outside the currently listed area for the gray wolf and outside this proposed WGL DPS. While this area may provide a small area of marginal wolf habitat and may support limited and occasional wolf reproduction, the Turtle Mountain area within the United States is not a significant portion of the range of gray wolves within the WGL DPS, because of its very small area and its setting as an island of forest surrounded by a landscape largely modified for agriculture and grazing (Licht and Huffman 1996).
It appears that essentially all suitable habitat in Minnesota is now occupied, and the wolf population within the State may have slowed its increase or has stabilized (Erb and Benson 2004). In Wisconsin, suitable habitat is largely occupied, but there are some gaps in the northeastern part of the State where there appears to be room for additional packs to occupy areas between existing packs (Wydeven et al. 2005a). Similarly, in the UP of Michigan, wolf pairs or packs occur throughout the area identified as suitable (i.e., a high probability of wolf pack occupancy; Mladenoff et al. 1995, Potvin et al. in press), including every county of the UP except possibly Keweenaw. Wolf density is lower in the northern and eastern portions of the UP where lower deer numbers may prevent establishment of packs in some areas (Potvin et al. in press), but over the next several years packs may be able to fill in some of the currently unoccupied areas
of wolf pack occupancy; Mladenoff et al. 1995, Potvin et al. in press), including every county of the UP except possibly Keweenaw. Wolf density is lower in the northern and eastern portions of the UP where lower deer numbers may prevent establishment of packs in some areas (Potvin et al. in press), but over the next several years packs may be able to fill in some of the currently unoccupied areas. The NLP of Michigan appears to have the only unoccupied, but potentially suitable, wolf habitat in the Midwest that is of sufficient size to maintain wolf packs (Gehring and Potter in press; Potvin 2000), although its small size and fragmented nature may mean that NLP wolf population viability may be dependent upon continuing immigration from the UP. Other potentially suitable wolf habitat areas within the proposed DPS boundary, including the Turtle Mountains in North Dakota, are too small to consistently support a viable resident wolf population, and cannot be considered a significant portion of wolf range in the WGL DPS.
Based on the biology of the gray wolf and conservation biology principles, the Recovery Plan (USFWS 1992) specifies that two populations (or a single metapopulation) are needed to ensure long-term viability. The Recovery Plan indicates the importance of a large wolf population in Minnesota Wolf Management Zones 1 through 4 (identical to Zone A in the 2001 Minnesota Wolf Management Plan) and the need for a second wolf population occupying 10,000 mi 2 or 5,000 mi 2 elsewhere in the eastern United States (depending on its isolation from the Minnesota wolf population. Based on
The Recovery Plan also discusses the importance of low road density areas, the importance of minimizing wolf-human conflicts, and the maintenance of an adequate natural prey base in the areas hosting these two necessary wolf populations. The Recovery Plan, along with numerous other scientific publications, supports the need to manage and reduce wolf-human conflicts
sota wolf population. Based on
The Recovery Plan also discusses the importance of low road density areas, the importance of minimizing wolf-human conflicts, and the maintenance of an adequate natural prey base in the areas hosting these two necessary wolf populations. The Recovery Plan, along with numerous other scientific publications, supports the need to manage and reduce wolf-human conflicts. The Recovery Plan specifically recommends managing against wolves in large areas of unsuitable habitat, stating that Minnesota Zone 5 should be managed with a goal of zero wolves there, because “Zone 5 is not suitable for wolves. Wolves found there should be eliminated by any legal means.” (USFWS 1992, p 20). Therefore, the Recovery Plan views Zone 5's roughly 60 percent of the State as not an important part of the range of the gray wolf.
Similarly, other portions of the WGL DPS that lack suitable habitat, or only have areas of suitable habitat that are below the areal thresholds specified in the Recovery Plan and/or are highly fragmented, cannot be considered a significant portion of the range of the gray wolf in the WGL DPS. These areas include North Dakota, South Dakota, Iowa, Illinois, Indiana, Ohio, Wisconsin Wolf Management Zones 3 and 4 (WI DNR 1999), and most of the Lower Peninsula of Michigan.
The only part of Michigan's Lower Peninsula that warrants any consideration for inclusion in the SPR for the WGL DPS is composed of those areas of fragmented habitat studied by Gehring and Potter (in press) and Potvin (2003). However, this amounts to less than half of the areal thresholds identified by the Recovery Plan for the establishment of viable populations, so these NLP areas may have difficulty maintaining wolf populations even with the help of occasional immigration of wolves from the UP (see F. Suitable Habitat Within the WGL DPS for additional discussion)
d by Gehring and Potter (in press) and Potvin (2003). However, this amounts to less than half of the areal thresholds identified by the Recovery Plan for the establishment of viable populations, so these NLP areas may have difficulty maintaining wolf populations even with the help of occasional immigration of wolves from the UP (see F. Suitable Habitat Within the WGL DPS for additional discussion). These potentially suitable habitat areas are not likely to substantially contribute to maintaining a viable wolf population in Michigan, and they are not necessary to maintain a second viable wolf population in the WGL DPS. In fact, while the UP wolves will be significant to any NLP wolf population that may develop, the reverse will not be true. Thus, we conclude that the NLP is not a significant part of the range of the gray wolf in the WGL DPS.
Based on three decades of wolf research and implementing wolf recovery actions, the Recovery Plan, our analysis of five categories of threats and potential threats to the species, and the numerical growth and geographic expansion of the Midwest's wolf population, we have concluded that the wolf population has expanded to the extent that it now occupies the SPR within the DPS. The species has expanded to the extent that the currently occupied range in the WGL DPS exceeds that portion of the species' historical range in the DPS that is necessary to avoid the likelihood of extinction in the DPS for the foreseeable future.
While there are large areas of historical range within the DPS that are unoccupied by the species, these areas are almost completely lacking suitable habitat, and there is little likelihood that they can play a meaningful role in ensuring the persistence of a viable wolf population in the WGL DPS
e DPS that is necessary to avoid the likelihood of extinction in the DPS for the foreseeable future.
While there are large areas of historical range within the DPS that are unoccupied by the species, these areas are almost completely lacking suitable habitat, and there is little likelihood that they can play a meaningful role in ensuring the persistence of a viable wolf population in the WGL DPS. We have assessed the threats to wolves throughout the DPS, and we have determined that the existing and likely future threats to wolves outside the currently occupied areas, and especially to wolves outside of Minnesota, Wisconsin, and the UP, do not rise to the level that they threaten the long-term viability of wolf populations in Minnesota, Wisconsin, and the Upper Peninsula of Michigan. Therefore, the large areas of unsuitable habitat in the eastern Dakotas; the northern portions of Iowa, Illinois, Indiana, and Ohio; and the southern areas of Minnesota, Wisconsin, and Michigan; as well as the relatively small areas of unoccupied potentially suitable habitat, do not constitute a significant portion of the range for the WGL DPS.
In summary, wolves currently occupy the vast majority of the suitable habitat in the WGL DPS. Unoccupied potentially suitable habitat exists in small and fragmented parcels and would neither make a substantial contribution to wolf population viability in the DPS nor constitute a biologically significant portion of gray wolf range in the WGL DPS. Furthermore, threats to wolves in the unoccupied portions of the DPS are inconsequential to the long-term viability of wolf populations in the DPS. Therefore, within the WGL DPS, gray wolves are not in danger of extinction now, nor are they likely to be so in the foreseeable future, in all or in a significant portion of their range due to inadequate or threatened suitable habitat or contraction of their range
threats to wolves in the unoccupied portions of the DPS are inconsequential to the long-term viability of wolf populations in the DPS. Therefore, within the WGL DPS, gray wolves are not in danger of extinction now, nor are they likely to be so in the foreseeable future, in all or in a significant portion of their range due to inadequate or threatened suitable habitat or contraction of their range.
Prey
Wolf density is heavily dependent on prey availability (e.g., expressed as ungulate biomass, Fuller 1989), but prey availability is not likely to threaten wolves in the WGL DPS. Conservation of primary wolf prey in the WGL DPS, white-tailed deer and moose, is clearly a high priority for State conservation agencies. As Minnesota DNR points out in its wolf management plan (MN DNR 2001:25), it manages ungulates to ensure a harvestable surplus for hunters, nonconsumptive users, and to minimize conflicts with humans. To ensure a harvestable surplus for hunters, MN DNR must account for all sources of natural mortality, including loss to wolves, and adjust hunter harvest levels when necessary. For example, after severe winters in the 1990's, MN DNR modified hunter harvest levels to allow for the recovery of the local deer population (MN DNR 2001). In addition to regulation of human harvest of deer and moose, MN DNR also plans to continue to monitor and improve habitat for these species. Land management carried out by other public agencies and by private land owners in Minnesota's wolf range, including timber harvest and prescribed fire, incidentally and significantly improves habitat for deer, the primary prey for wolves in the State. The success of these measures is apparent from the continuing high deer densities in the Forest Zone of Minnesota, and the fact that the State's three largest deer harvests have occurred in the last three years. Approximately one-half of the MN deer harvest is in the Forest Zone, which encompasses most of the occupied wolf range in the State (Lennarz 2005)
the primary prey for wolves in the State. The success of these measures is apparent from the continuing high deer densities in the Forest Zone of Minnesota, and the fact that the State's three largest deer harvests have occurred in the last three years. Approximately one-half of the MN deer harvest is in the Forest Zone, which encompasses most of the occupied wolf range in the State (Lennarz 2005). There is no indication that harvest of deer and moose or management of their habitat will significantly depress abundance of these species in Minnesota's core wolf range. Therefore, prey availability is not likely to endanger gray wolves in the foreseeable future in the State.
Similarly, the deer populations in Wisconsin and the Upper Peninsula of Michigan are at historically high levels. Wisconsin's pre-season deer population has exceeded 1 million animals since 1984, and hunter harvest has exceeded 400,000 deer in 7 of the last 10 years. A record harvest of 517,169 deer occurred in the 2004 deer season (WI DNR web site, accessed Jan. 27, 2006). Michigan's pre-season deer population was approximately 1.7 million deer, with about 336,000 residing in the UP. Currently MI DNR is proposing revised deer management goals to guide management of the deer population
Summary of Factor A —The wolf population in the WGL DPS currently occupies all the suitable habitat area identified for recovery in the Midwest in the 1978 and 1992 Recovery Plans and most of the suitable habitat in the WGL DPS. Unsuitable habitat, and small, fragmented areas of suitable habitat away from these core areas, largely represent geographic locations where wolf packs cannot persist. Although they may have been historical habitat, many of these areas are no longer suitable; none of them are important or necessary for maintaining a viable, self-sustaining, and evolving representative wolf population in the WGL DPS into the foreseeable future, and they are not a significant portion of the range of the WGL DPS
argely represent geographic locations where wolf packs cannot persist. Although they may have been historical habitat, many of these areas are no longer suitable; none of them are important or necessary for maintaining a viable, self-sustaining, and evolving representative wolf population in the WGL DPS into the foreseeable future, and they are not a significant portion of the range of the WGL DPS.
The WGL DPS wolf population exceeds its numerical, temporal, and distributional goals for recovery. A delisted wolf population would be safely maintained above recovery levels for the foreseeable future, because much important wolf habitat is in public ownership, the states will continue to manage for high ungulate populations, and the States, Tribes, and Federal land management agencies will adequately regulate human-caused mortality of wolves and wolf prey. This will allow these three States to easily support a recovered and viable wolf metapopulation into the foreseeable future
B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes
Since their listing under the Act, no gray wolves have been legally killed or removed from the wild in any of the nine States included in the WGL DPS for either commercial or recreational purposes. Some wolves may have been illegally killed for commercial use of the pelts and other parts, but we think that illegal commercial trafficking in wolf pelts or parts and illegal capture of wolves for commercial breeding purposes is rare. State wolf management plans for Minnesota, Wisconsin, and Michigan ensure that wolves will not be killed for these purposes for at least several years following Federal deli

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_06-2802. Check the current official text before relying on it. Not legal advice.