Endangered and Threatened Wildlife and Plants; Proposed Establishment of a Nonessential Experimental Population of the Mexican Gray Wolf in Arizona and New Mexico

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD07

Endangered and Threatened Wildlife and Plants; Proposed

Establishment of a Nonessential Experimental Population of the Mexican

Gray Wolf in Arizona and New Mexico

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to

reintroduce the endangered Mexican gray wolf (Canis lupus baileyi) into

two designated recovery areas within the subspecies' probable historic

range. The Blue Range Wolf Recovery Area consists of the entire Apache

and Gila National Forests in east-central Arizona and west-central New

Mexico. The White Sands Wolf Recovery Area consists of all land within

the boundary of the White Sands Missile Range in south-central New

Mexico together with designated land immediately to the west. The

wolves reintroduced into these areas are classified as one nonessential

experimental population under section 10(j) of the Endangered Species

Act (Act) of 1973, as amended. The proposed rule sets forth management

directions and provides for limited allowable legal take of wolves

within a defined Mexican Wolf Experimental Population Area.

DATES: Comments from all interested parties must be received by July 1,

1996.

ADDRESSES: Send comments and materials concerning this proposal to the

Mexican Wolf Recovery Program, U.S. Fish and Wildlife Service, P.O. Box

1306, Albuquerque, New Mexico 87103-1306. Comments and materials

received will be available for public inspection, by appointment,

during normal business hours at the above address. Copies of the draft

Environmental Impact Statement or its summary can be obtained at this

address.

FOR FURTHER INFORMATION CONTACT: Mr. David R. Parsons (see ADDRESSES

section) at telephone 505/248-6920; or facsimile 505/248-6922.

SUPPLEMENTARY INFORMATION:

Background

erials

received will be available for public inspection, by appointment,

during normal business hours at the above address. Copies of the draft

Environmental Impact Statement or its summary can be obtained at this

address.

FOR FURTHER INFORMATION CONTACT: Mr. David R. Parsons (see ADDRESSES

section) at telephone 505/248-6920; or facsimile 505/248-6922.

SUPPLEMENTARY INFORMATION:

Background

Legislative: The Endangered Species Act Amendments of 1982, Pub. L.

97-304, made significant changes to the Act, including the creation of

section 10(j), which provides for the designation of specific

populations of listed species as ``experimental populations.'' Under

previous authorities of the Act, the Service was permitted to

reestablish (reintroduce) populations of a listed species into

unoccupied portions of its historic range for conservation and recovery

purposes. However, local opposition to reintroduction efforts, stemming

from concerns by some about potential restrictions, and prohibitions on

Federal and private activities contained in sections 7 and 9 of the

Act, reduced the effectiveness of reintroduction as a management tool.

Under section 10(j), a population of a listed species reestablished

outside its current range but within its probable historic range may be

designated as ``experimental,'' at the discretion of the Secretary of

Interior (Secretary), if reintroduction of the experimental population

furthers the conservation of the listed species. An experimental

population must be separate geographically from nonexperimental

populations of the same species. Designation of a population as

experimental increases the Service's management flexibility.

Additional management flexibility exists if the Secretary finds the

experimental population to be ``nonessential'' to the continued

existence of the species

servation of the listed species. An experimental

population must be separate geographically from nonexperimental

populations of the same species. Designation of a population as

experimental increases the Service's management flexibility.

Additional management flexibility exists if the Secretary finds the

experimental population to be ``nonessential'' to the continued

existence of the species. For purposes of section 7 (except section

7(a)(1), which requires Federal agencies to use their authorities to

conserve listed species), nonessential experimental populations located

outside national wildlife refuge or national park lands are treated as

if they are proposed for listing. This means that Federal agencies are

under an obligation to confer (as if the species were only proposed for

listing) as opposed to consult (required for a listed species) on any

actions authorized, funded, or carried out by them that are likely to

jeopardize the continued existence of the species. Nonessential

experimental populations located on national wildlife refuge or

national park lands are treated as threatened, and formal consultation

may be required. Activities undertaken on private lands are not

affected by section 7 of the Act unless they are authorized, funded, or

carried out by a Federal agency.

Individual animals used in establishing an experimental population

can be removed from a source population if their removal is not likely

to jeopardize the continued existence of the species (see Findings

Regarding Reintroduction, below), and a permit has been issued in

accordance with 50 CFR Part 17.22.

The Mexican wolf was listed as an endangered subspecies on April

28, 1976 (41 FR 17742). The gray wolf species in North America south of

Canada was listed as endangered (except in Minnesota where it was

listed as threatened) without reference to subspecies on March 9, 1978

(43 FR 9607)

dings

Regarding Reintroduction, below), and a permit has been issued in

accordance with 50 CFR Part 17.22.

The Mexican wolf was listed as an endangered subspecies on April

28, 1976 (41 FR 17742). The gray wolf species in North America south of

Canada was listed as endangered (except in Minnesota where it was

listed as threatened) without reference to subspecies on March 9, 1978

(43 FR 9607). The Mexican Wolf Recovery Plan was adopted by the

Directors of the Service and the Mexican Direccion General de la Fauna

Silvestre in 1982. The plan guides recovery efforts for the subspecies,

laying out a series of recommended actions. The recovery plan is

currently being revised, and the revised document will more precisely

define the points at which downlisting and delisting will occur.

Biological: This proposed experimental population rule addresses

the Mexican wolf (Canis lupus baileyi), an endangered subspecies of

gray wolf that was extirpated from the southwestern United States by

1970. The gray wolf (C. lupus) is native to most of North America north

of Mexico City. An exception is in the southeastern United States,

which was occupied by the red wolf (C. rufus). The gray wolf occupied

areas that supported populations of hooved mammals (ungulates), its

major food source.

The Mexican wolf historically occurred over much of New Mexico,

Arizona, Texas, and northern Mexico, mostly in or near forested,

mountainous terrain. Numbering in the thousands before European

settlement, the Mexican wolf declined rapidly when its reputation as a

livestock killer led to concerted eradication efforts. Other factors

contributing to its decline were commercial and recreational hunting

and trapping of wolves; killing of wolves by game managers on the

theory that more game animals would be available for hunters; habitat

alteration; and human safety concerns (although no documentation exists

of Mexican wolf attacks on humans)

putation as a

livestock killer led to concerted eradication efforts. Other factors

contributing to its decline were commercial and recreational hunting

and trapping of wolves; killing of wolves by game managers on the

theory that more game animals would be available for hunters; habitat

alteration; and human safety concerns (although no documentation exists

of Mexican wolf attacks on humans).

The subspecies is now considered extirpated from its historic range

in the southwestern United States because no wild wolf has been

confirmed since 1970. Occasional sightings of ``wolves'' continue to be

reported from United States locations, but none have been confirmed

through clear evidence. Recent field research has revealed no confirmed

reports of wolves remaining in Mexico. Investigations are continuing.

When Mexican wolves were eradicated, their natural history was

poorly understood. Appendix A to the draft Environmental Impact

Statement provides life history and biological descriptions of Mexican

wolves to the extent they are known or can be inferred from historical

evidence, observations of captive Mexican wolves, and studies of gray

wolves in other geographic regions. (The draft Environmental Impact

Statement should be referred to for background and supporting

information and literature references on all aspects of this proposed

rule; see ADDRESSES section.)

Recovery efforts: The Mexican Wolf Recovery Plan's objective is to

conserve and ensure survival of the subspecies by maintaining a captive

breeding program and reestablishing a viable, self-sustaining

population of at least 100 Mexican wolves in a 5,000 square mile area

within the subspecies' historic range. (The recovery plan is currently

under revision.)

A captive breeding program was established in the 1970's with two

wild male Mexican wolves caught from 1977 to 1980 (from Durango and

Chihuahua, Mexico) and one wild pregnant female wolf caught in 1978

(from Durango, Mexico)

sustaining

population of at least 100 Mexican wolves in a 5,000 square mile area

within the subspecies' historic range. (The recovery plan is currently

under revision.)

A captive breeding program was established in the 1970's with two

wild male Mexican wolves caught from 1977 to 1980 (from Durango and

Chihuahua, Mexico) and one wild pregnant female wolf caught in 1978

(from Durango, Mexico). Two additional captive populations were

determined in July 1995 to be pure Mexican wolves; each has two

founders. The captive population has increased to 139 as of March 1996;

114 are held at 23 facilities in the United States and 25 at five

facilities in Mexico. This population has been managed since 1990 for

maximum reproduction to support the proposed reintroduction effort. The

goal is to have at least 100 animals in the United States facilities

prior to any releases into the wild.

On April 20, 1992, the Service issued a ``Notice of Intent to

Prepare an Environmental Impact Statement on the Experimental

Reintroduction of Mexican Wolves (Canis lupus baileyi) into Suitable

Habitat within the Historic Range of the Subspecies'' (57 FR 14427).

This notice also announced the time and place of public scoping

meetings. The draft Environmental Impact Statement was released for

public review and comment on June 27, 1995 (60 FR 33224). The location

and times of 14 public meetings were also announced in this notice. In

September of 1995, the Service announced that three public hearings

would be held in October 1995 (60 FR 49628). All announced meetings and

hearings were held. The public comment period closed on October 31,

1995. Approximately 18,000 people have commented or expressed an

opinion on the draft Environmental Impact Statement. Following an

analysis of the public comments, a final Environmental Impact Statement

will be issued around July 1996

ree public hearings

would be held in October 1995 (60 FR 49628). All announced meetings and

hearings were held. The public comment period closed on October 31,

1995. Approximately 18,000 people have commented or expressed an

opinion on the draft Environmental Impact Statement. Following an

analysis of the public comments, a final Environmental Impact Statement

will be issued around July 1996.

The proposed Mexican wolf recovery actions and this proposed rule

were developed by the Service after consultation with representatives

of Federal, State, and other agencies, with potentially affected

private parties, and with wolf experts nationally. Public comments

received at and after scoping meetings for the draft Environmental

Impact Statement were considered. (See draft Environmental Impact

Statement, Chapter 1 section on Scoping and Chapter 5-Consultation and

Coordination.)

Mexican wolf recovery areas: The Service has determined that the

proposed reintroductions in the White Sands Wolf Recovery Area and the

Blue Range Wolf Recovery Area have the greatest potential for

successfully achieving the current recovery objective for Mexican

wolves. (See paragraph (j)(6) of the proposed rule and Figures 1 and 2

for precise boundaries of these areas. Chapters 2 and 3 of the draft

Environmental Impact Statement describe the selection of these two

areas and provide detailed descriptions of them.)

The two wolf recovery areas are within the Mexican wolf's probable

historic range. Both contain vast, relatively remote, and isolated

expanses of federally-managed land. Suitable wolf habitat containing

relatively abundant prey such as deer and elk is available. As the

Mexican wolf is considered extinct in the wild in the United States,

both areas are wholly separate geographically from any known,

naturally-occurring nonexperimental populations of wild wolves

istoric range. Both contain vast, relatively remote, and isolated

expanses of federally-managed land. Suitable wolf habitat containing

relatively abundant prey such as deer and elk is available. As the

Mexican wolf is considered extinct in the wild in the United States,

both areas are wholly separate geographically from any known,

naturally-occurring nonexperimental populations of wild wolves. A

larger Mexican Wolf Experimental Population Area, which also is wholly

separate geographically from any known, naturally-occurring

nonexperimental populations of wild wolves, is defined in the rule,

paragraph (j)(6), (see Figure 3). Mexican wolf recovery is not proposed

throughout this larger area. Its purpose is to establish that any wild

wolf found in this larger area is a member of the nonessential

experimental population, and therefore subject to the provisions of

this rule, and not an ``endangered'' status wolf with full protection

of the Act.

Reintroduction procedures: Male and female pairs from the captive

population will be selected for release based on genetics, reproductive

performance, behavioral compatibility, response to the adaptation

process, and other factors. Selected pairs will be moved to the

Service's captive wolf management facility on the Sevilleta National

Wildlife Refuge in central New Mexico where measures will be taken to

improve their adaptation to life in the wild.

Wolves will be reintroduced by a ``soft release'' approach designed

to reduce the likelihood of quick dispersal away from the release

areas. This involves holding the animals in pens on site for up to

several months in order to acclimate them and to increase their

affinity for the area. (The soft release approach is described in more

detail in Chapter 2 of the draft Environmental Impact Statement.) The

releases will begin in 1996 or as soon thereafter as feasible

educe the likelihood of quick dispersal away from the release

areas. This involves holding the animals in pens on site for up to

several months in order to acclimate them and to increase their

affinity for the area. (The soft release approach is described in more

detail in Chapter 2 of the draft Environmental Impact Statement.) The

releases will begin in 1996 or as soon thereafter as feasible.

Approximately five family groups of captive raised Mexican wolves

will be released over a period of 3 years into the White Sands Wolf

Recovery Area, with the goal of reaching a long-term sustainable

subpopulation of 20 wolves by 1998. In the Blue Range Wolf Recovery

Area, approximately 14 family groups will be released over a period of

5 years, with the goal of reaching a long-term sustainable

subpopulation of 100 wild wolves by 2004. The proposed action is

flexible, using either the White Sands Wolf Recovery Area or the Blue

Range Wolf Recovery Area, or both, and in the order of their use.

Management of the reintroduced population: The proposed

nonessential experimental designation enables the Service to develop

measures for management of the population that are less restrictive

than the mandatory prohibitions that protect species with

``endangered'' status. This includes limited allowance of both

governmental and private take of individual wolves under narrowly

defined circumstances. Management flexibility is needed to make

reintroduction compatible with current and planned human activities,

such as livestock grazing and hunting, in the reintroduction area. It

is also critical to obtaining needed State, tribal, local, and private

cooperation. Thus, this flexibility will improve the likelihood of

success.

Reintroduction will occur under management plans that allow

dispersal by the new wolf subpopulations beyond the primary recovery

zones where they will be released, into the secondary recovery zones of

the two designated wolf recovery areas (see Figures 1 and 2)

al to obtaining needed State, tribal, local, and private

cooperation. Thus, this flexibility will improve the likelihood of

success.

Reintroduction will occur under management plans that allow

dispersal by the new wolf subpopulations beyond the primary recovery

zones where they will be released, into the secondary recovery zones of

the two designated wolf recovery areas (see Figures 1 and 2). The

Service and cooperating agencies will not allow the wolves to establish

territories outside these wolf recovery area boundaries without

landowner consent on private or tribal lands within the Mexican Wolf

Experimental Population Area.

No measures are expected to be needed to isolate the experimental

population from naturally occurring populations because no Mexican

wolves are now known to occur in the wild. However, the Service will

attempt to take every reasonable step to ensure that no naturally

occurring wild population (see definition in Rule Glossary) that might

exist within the recovery areas (which is considered highly unlikely)

are affected by the reintroduction of captive-raised, nonessential

experimental wolves. Surveys for wolf sign in these areas will be

conducted prior to any reintroduction. If a naturally occurring wild

population is found within one or both of the designated wolf recovery

areas, the proposed reintroduction there would not go forward with such

wild wolves present. Further, if a naturally occurring wild population

is found within one or both of the designated wolf recovery areas

within 90 days after members of the experimental population are

initially released (which also is considered highly unlikely), all

wolves in the reintroduced sub-population in such recovery area(s)

would be removed and the reintroduction would not continue there. Such

a wild population would have full endangered status under the Act.

Identification and monitoring: Prior to placement in release pens,

the adult wolves will receive permanent identification marks and radio

collars

ch also is considered highly unlikely), all

wolves in the reintroduced sub-population in such recovery area(s)

would be removed and the reintroduction would not continue there. Such

a wild population would have full endangered status under the Act.

Identification and monitoring: Prior to placement in release pens,

the adult wolves will receive permanent identification marks and radio

collars. Pups will receive surgically implanted transmitters prior to

release and the pups will be recaptured and fitted with radio collars

when they are large enough. Wild-born pups of the reintroduced

population that are captured will be given a permanent identification

mark and radio collar.

The Service and cooperating agencies will measure the success or

failure of the reintroductions, and the effects of such success or

failure on the conservation and recovery of Mexican wolves, by

continuously monitoring, researching, and evaluating the status of

released wolves in the wild. The agencies will prepare periodic

progress reports, annual reports, and full evaluations after 3 and 5

years that will recommend continuation or termination of the

reintroduction effort. The reports will also evaluate whether, and how,

to use the second wolf recovery area, that is, the one not used

initially.

Findings regarding reintroduction: The Service finds that the

reintroduced experimental population is reasonably likely to become

established and survive in the wild within the Mexican wolf's probable

historic range. Under the proposed rule and based on available data,

the Service projects that the Blue Range Wolf Recovery Area

subpopulation will achieve the 1982 Mexican Wolf Recovery Plan goal of

100 wolves occupying 5,000 square miles by 2004.

The White Sands Wolf Recovery Area will support an estimated 20

wolves occupying 1,000 square miles by 1998. This likely would not be

an independently viable subpopulation

proposed rule and based on available data,

the Service projects that the Blue Range Wolf Recovery Area

subpopulation will achieve the 1982 Mexican Wolf Recovery Plan goal of

100 wolves occupying 5,000 square miles by 2004.

The White Sands Wolf Recovery Area will support an estimated 20

wolves occupying 1,000 square miles by 1998. This likely would not be

an independently viable subpopulation. Nevertheless, a subpopulation in

this size range could be maintained through supplemental releases (or,

speculatively, by natural immigration of wolves from another nearby

population if one existed, e.g., from a reintroduced subpopulation in

the Blue Range Wolf Recovery Area). Even if the White Sands Wolf

Recovery Area subpopulation is not viable, per se, the Service finds

that, through monitoring and research, such a reintroduction would

provide vital information about the ecology and behavior of wild

Mexican wolves and about the ability of captive-raised gray wolves to

survive in the wild. A reintroduction there would provide a valuable

assessment of the soft release approach to reintroducing captive-raised

wolves. Further, wolves successfully reintroduced into the White Sands

Wolf Recovery Area could be used as release stock for future

reintroductions elsewhere, which would increase the likelihood of

success compared to using captive-raised wolves as release stock.

Some members of the experimental population are expected to die

during the reintroduction efforts after removal from the captive

population. The Service finds that even if the entire experimental

population died, this would not appreciably reduce the prospects for

future survival of the subspecies in the wild. That is, future

reintroductions still would be feasible even if the reintroductions

proposed here failed

perimental population are expected to die

during the reintroduction efforts after removal from the captive

population. The Service finds that even if the entire experimental

population died, this would not appreciably reduce the prospects for

future survival of the subspecies in the wild. That is, future

reintroductions still would be feasible even if the reintroductions

proposed here failed. The individual Mexican wolves selected for

release will be as genetically redundant with other members of the

captive population as possible, thus minimizing any adverse effects on

the genetic integrity of the remaining captive population. The Service

has detailed lineage information on each captive Mexican wolf. The

captive population is managed for the Service under the American Zoo

and Aquarium Association's Species Survival Plan program. The

Association maintains a Studbook and provides an expert advisor for

small population management.

Management of the demographic and genetic makeup of the population

is guided by the SPARKS computer program. Kinship values, which range

from zero to one, are a measure of the relatedness of an individual to

the rest of the population. Wolves with higher kinship values are

genetically well-represented in the population. Only those individuals

whose kinship values are above the mean for the captive population as a

whole will be used for release. In addition, the PEDPAC computer

program will be used to identify suitable release candidates by

examining the influence of removing an individual animal on the

survival of the founders' genes. This management approach will

adequately protect the genetic integrity of the captive population and

thus the continued existence of the subspecies. The United States

captive population of Mexican wolves has approximately doubled in the

last 3 years demonstrating the captive population's reproductive

potential to replace reintroduced wolves that die

al on the

survival of the founders' genes. This management approach will

adequately protect the genetic integrity of the captive population and

thus the continued existence of the subspecies. The United States

captive population of Mexican wolves has approximately doubled in the

last 3 years demonstrating the captive population's reproductive

potential to replace reintroduced wolves that die. In view of all these

safeguards the Service finds that the reintroduced population would not

be ``essential'' under 50 CFR 17.81(c)(2).

The Service finds that release of the experimental population will

further the conservation of the subspecies and of the gray wolf species

as a whole. Currently, no viable populations of the Mexican wolf

subspecies are known to exist in the wild. No wild populations of the

gray wolf species are known to exist in the United States south of

Montana, Minnesota, Wisconsin, and Michigan. (The Service is in the

process of reintroducing wild gray wolves from Canada into central

Idaho and Yellowstone National Park in Wyoming.) The Mexican wolf is

the most southerly and the most genetically distinct of all North

American gray wolf subspecies. The Mexican wolf is also considered the

rarest of the surviving (nonextinct) subspecies and has been accorded

the highest recovery priority by international wolf experts.

Releasing captive-raised Mexican wolves furthers the objective of

the Mexican Wolf Recovery Plan. The Plan, if fully implemented, will

result in the reestablishment of a wild population of at least 100

Mexican wolves. Also, release of wolves into the wild will reduce the

potential negative effects of keeping them in captivity in perpetuity.

If a reintroduction into the wild from the captive population does not

occur within a reasonable period of time, genetic, physical, or

behavioral changes resulting from prolonged captivity could render the

captive animals unsuited for reintroduction and devastate their

prospects for recovery

into the wild will reduce the

potential negative effects of keeping them in captivity in perpetuity.

If a reintroduction into the wild from the captive population does not

occur within a reasonable period of time, genetic, physical, or

behavioral changes resulting from prolonged captivity could render the

captive animals unsuited for reintroduction and devastate their

prospects for recovery.

Designation of the released wolves as nonessential experimental is

considered necessary to obtain needed State, tribal,

local, and private cooperation. This designation also allows for

management flexibility to mitigate negative impacts of Mexican wolf

recovery, such as livestock depredation. Without such flexibility

intentional illegal killing of wolves would likely harm the prospects

for successful recovery.

Potential for conflict with Federal and other activities: As

indicated, considerable management flexibility has been incorporated

into the proposed experimental population rule to reduce potential

conflicts between wolves and the activities of governmental agencies,

livestock operators, hunters, and others. No major conflicts with

current management of Federal, State, private, or tribal lands are

anticipated. Mexican wolves are expected to be able to tolerate most of

the current land uses in the designated wolf recovery areas. However,

temporary restrictions on human activities may be imposed around

release sites, active dens, and rendezvous sites. Limited backcountry

National Forest road closures may be necessary if illegal killings of

wolves occur; this would not affect the White Sands Wolf Recovery Area.

Also, the USDA's Animal Damage Control Division will discontinue use of

M-44's and choking-type snares in ``occupied Mexican wolf range'' (see

definition in proposed Section 17.84(j)(10))

ase sites, active dens, and rendezvous sites. Limited backcountry

National Forest road closures may be necessary if illegal killings of

wolves occur; this would not affect the White Sands Wolf Recovery Area.

Also, the USDA's Animal Damage Control Division will discontinue use of

M-44's and choking-type snares in ``occupied Mexican wolf range'' (see

definition in proposed Section 17.84(j)(10)). Other predator control

activities may be restricted or modified pursuant to a cooperative

management agreement or a conference between the United States

Department of Agriculture's Animal Damage Control Division and the

Service.

The Service and other authorized agencies may harass, take, remove,

or translocate Mexican wolves under certain circumstances described in

detail in the proposed rule. Private citizens also are given broad

authority to harass Mexican wolves (for purposes of scaring them away

from livestock) and they may take (including to kill or injure) them

under narrow circumstances, that is, in cases of defense of human life

or when wolves are in the act of attacking their livestock (if certain

conditions are met). In addition, ranchers can seek compensation from a

privately-funded depredation compensation fund if depredation on their

livestock occurs.

The Service does not intend to change the proposed ``nonessential

experimental'' designation to ``essential experimental,''

``threatened'', or ``endangered'' and the Service does not intend to

designate critical habitat for the Mexican wolf. Critical habitat can

not be designated under the nonessential experimental classification,

16 U.S.C. 1539(j)(2)(C)(ii). The Service foresees no likely situation

which would result in such changes in the future

ssential

experimental'' designation to ``essential experimental,''

``threatened'', or ``endangered'' and the Service does not intend to

designate critical habitat for the Mexican wolf. Critical habitat can

not be designated under the nonessential experimental classification,

16 U.S.C. 1539(j)(2)(C)(ii). The Service foresees no likely situation

which would result in such changes in the future. Nevertheless, to

ensure that such changes do not occur, the following condition exists

in the proposed rule, paragraph (j)(9)--if legal actions or lawsuits

compel a change in the population's legal status to essential

experimental, threatened, or endangered, or compel the designation of

critical habitat for wolves within the experimental population area,

then all reintroduced Mexican wolves will be removed from the wild and

the experimental population rule will be revoked.

Public Comments Solicited

The Service solicits comments or suggestions on the proposed

experimental population rule from the public, States, tribes, other

concerned governmental agencies, the scientific community, industry,

potentially affected landowners, or any other interested party.

Comments must be received within 60 days of publication of this

proposed rule in the Federal Register.

The Service will hold public hearings to obtain additional verbal

and written information. The location, dates, and times of these

hearings will be announced in a forthcoming issue of the Federal

Register, in newspapers, and in a mailing to those persons on the

Mexican Wolf Recovery Program mailing list.

Any final decision on this proposal will take into consideration

the comments and any additional information received by the Service.

These may lead to a final rule that differs from this proposal.

National Environmental Policy Act

l be announced in a forthcoming issue of the Federal

Register, in newspapers, and in a mailing to those persons on the

Mexican Wolf Recovery Program mailing list.

Any final decision on this proposal will take into consideration

the comments and any additional information received by the Service.

These may lead to a final rule that differs from this proposal.

National Environmental Policy Act

A draft Environmental Impact Statement on the Service's proposal to

reintroduce the Mexican wolf in the southwestern United States has been

prepared and is available to the public (see ADDRESSES section). The

draft Environmental Impact Statement should be referred to for analysis

of the Proposed Action and alternatives to it; also, the draft

Environmental Impact Statement contains detailed references for the

background information provided here.

Required Determinations

This proposed rule has been reviewed by the Office of Management

and Budget under Executive Order 12866. The rule will not have

significant economic impact on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). The final

rule will not significantly change costs to industry or governments.

Furthermore, the rule produces no adverse effects on competition,

employment, investment, productivity, innovation, or the ability of

United States enterprises to compete with foreign-based enterprises in

domestic or export markets.

This proposed rule has been reviewed under Executive Order 12630,

the Attorney General Guidelines, Department Guidelines, and the

Attorney General Supplemental Guidelines to determine the takings

implications of the proposed rule, if it were promulgated as currently

drafted. One issue of concern is the depredation of livestock by

reintroduced wolves. However, such depredation by a wild animal would

not be a ``taking'' under the 5th Amendment

e Order 12630,

the Attorney General Guidelines, Department Guidelines, and the

Attorney General Supplemental Guidelines to determine the takings

implications of the proposed rule, if it were promulgated as currently

drafted. One issue of concern is the depredation of livestock by

reintroduced wolves. However, such depredation by a wild animal would

not be a ``taking'' under the 5th Amendment. One of the reasons for the

experimental nonessential designation is to allow the agency and

private entities flexibility in managing the wolves, including the

elimination of a wolf when there is a confirmed kill of livestock.

This proposed rule has been reviewed under Executive Order 12612 to

determine Federalism considerations in policy formulation and

implementation. Evidently, one or more counties in the vicinity of the

wolf reintroduction area have enacted ordinances specifically

prohibiting the introduction of the wolf (among other species) within

county boundaries. However, the United States Congress has given the

Secretary of the Interior explicit statutory authority, in section

10(j) of the Act, to promulgate this rule, and under the Supremacy

Clause of the United States Constitution, this has the effect of

preempting State regulation of wildlife to the extent in conflict with

this proposed rule. Nevertheless, the Service has endeavored to

cooperate with State wildlife agencies and county and tribal

governments in the preparation of this proposed rule.

Author

The primary author of this document is Mr. David R. Parsons (see

ADDRESSES section) at telephone 505/248-6920; or facsimile 505/248-

6922.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

248-6920; or facsimile 505/248-

6922.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. In Sec. 17.11(h), the table entry for ``Wolf, gray'' under

MAMMALS is revised to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

------------------------------------------------------ population where Critical Special

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Mammals

* * * * * * *

Wolf, gray...................... Canis lupus........ Holarctic......... U.S.A. (48 E 1. 6. 13. 35, 561, 17.95(a) NA

conterminous 562,______.

States. except MN

and where listed

as an

experimental

population)..

Do.............................. ......do........... ......do.......... U.S.A. (MN)....... T 35................. 17.95(a) 17.40(d)

Do.............................. ......do........... ......do.......... U.S.A. (WY and XN 561, 562........... NA

portions of ID 17.84(i)

and MT--see

17.84(i))..

Do.............................. ......do........... ......do.......... U.S.A. (specific XN NA................. 17.84(j).

portions of AZ

NM. and TX--see

17.84(j)).

... U.S.A. (MN)....... T 35................. 17.95(a) 17.40(d)

Do.............................. ......do........... ......do.......... U.S.A. (WY and XN 561, 562........... NA

portions of ID 17.84(i)

and MT--see

17.84(i))..

Do.............................. ......do........... ......do.......... U.S.A. (specific XN NA................. 17.84(j).

portions of AZ

NM. and TX--see

17.84(j))..

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Section 17.84 is amended by adding paragraph (j) to read as

follows:

Sec. 17.84 Special rules--vertebrates.

* * * * *

(j) Mexican gray wolf (Canis lupus baileyi).

(1) The Mexican gray wolf (Mexican wolf) subpopulations

reestablished in the Blue Range Wolf Recovery Area and in the White

Sands Wolf Recovery Area within the Mexican Wolf Experimental

Population Area, identified in paragraph (j)(6) of this section, are

one nonessential experimental population. This nonessential

experimental population will be managed in accordance with these

provisions.

(2) The Fish and Wildlife Service (Service) finds that

reintroduction of an experimental population of Mexican wolves into the

subspecies' probable historic range will further the conservation of

the Mexican wolf subspecies and of the gray wolf species. The Service

also finds that the experimental population is not ``essential,'' under

50 CFR 17.81(c)(2).

(3) You must not take any wolf in the wild within the Mexican Wolf

Experimental Population Area except as provided in this rule. The

Service may refer take of a wolf contrary to this rule to the

appropriate authorities for prosecution.

Mexican wolf subspecies and of the gray wolf species. The Service

also finds that the experimental population is not ``essential,'' under

50 CFR 17.81(c)(2).

(3) You must not take any wolf in the wild within the Mexican Wolf

Experimental Population Area except as provided in this rule. The

Service may refer take of a wolf contrary to this rule to the

appropriate authorities for prosecution.

(i) Throughout the entire Mexican Wolf Experimental Population

Area, you will not be in violation of the Endangered Species Act (Act)

for unavoidable and unintentional take (including killing or injuring)

of a wolf, when such take is non-negligent and incidental to a legal

activity, such as hunting, trapping, driving, or recreational

activities, and you report the take promptly (within 24 hours) to the

Service's Mexican Wolf Recovery Coordinator or to a Service appointed

agency representative.

(ii) Also throughout the entire Mexican Wolf Experimental

Population Area, excluding areas within the national park system and

national wildlife refuge system, no Federal agency or their contractors

will be in violation of the Act for take of a wolf resulting from any

authorized agency action. This provision does not exempt agencies and

their contractors from complying with section 7(a)(4) of the Act which

requires a conference with the Service if they propose an action that

is likely to jeopardize the continued existence of the Mexican wolf.

ystem, no Federal agency or their contractors

will be in violation of the Act for take of a wolf resulting from any

authorized agency action. This provision does not exempt agencies and

their contractors from complying with section 7(a)(4) of the Act which

requires a conference with the Service if they propose an action that

is likely to jeopardize the continued existence of the Mexican wolf.

(iii) No land use restrictions will be imposed on private or tribal

reservation lands for Mexican wolf recovery without the concurrence of

the private owner or tribal government. On public lands, public and

tribal agencies may temporarily restrict human access and disturbance-

causing land use activities, such as timber harvesting and mining,

within a 1-mile radius around release pens when wolves are in them,

around active dens between March 1 and June 30, and around active wolf

rendezvous sites between June 1 and September 30, as necessary. If

documented illegal killing of a wolf occurs the United States Forest

Service may, in consultation with the Service, close back-country roads

on National Forest lands (except thoroughfares) for as long as

necessary to protect the wolves.

(iv) In areas within the national park system and national wildlife

refuge system, Federal agencies must treat Mexican wolves as a

threatened species for purposes of complying with section 7 of the Act.

(v) On public lands leased for grazing anywhere within the Mexican

Wolf Experimental Population Area, including within the designated wolf

recovery areas, when and where livestock are legally present, livestock

owners or their agents:

(A) May harass wolves, for purposes of scaring them away, in the

general vicinity (within 500 yards) of livestock (i.e., cattle, sheep,

horses, mules, and burros or as defined in State and tribal wolf

management plans as approved by us) in an opportunistic, noninjurious

manner (no temporary or permanent physical damage may result) at any

are legally present, livestock

owners or their agents:

(A) May harass wolves, for purposes of scaring them away, in the

general vicinity (within 500 yards) of livestock (i.e., cattle, sheep,

horses, mules, and burros or as defined in State and tribal wolf

management plans as approved by us) in an opportunistic, noninjurious

manner (no temporary or permanent physical damage may result) at any

time; provided that wolves cannot be purposely attracted, tracked,

waited for, or searched out and then harassed; and provided that such

harassment is reported to the Service's Mexican Wolf Recovery

Coordinator or to a Service appointed agency representative within 7

days; and,

(B) May receive a written permit under the Act from the Service or

an agency designated by the Service, valid for up to 45 days, to take

(including kill or injure) a specific number of wolves actually engaged

in the act of killing, wounding, or biting livestock; provided that,

prior to the issuance of such a permit, six or more breeding Mexican

wolf pairs occur in the Blue Range Wolf Recovery Area, or three or more

breeding Mexican wolf pairs occur in the White Sands Wolf Recovery

Area; and provided that an authorized agent of the Service, the United

States Department of Agriculture's (USDA) Animal Damage Control

Division, or the State has documented previous livestock loss or injury

caused by wolves and agency efforts to resolve the problem are

completed. Livestock owners or their agents must report take of wolves

under such a permit to the Service's Mexican Wolf Recovery Coordinator

or to a Service appointed agency representative within 24 hours. There

must be evidence of freshly wounded or killed livestock by wolves.

ate has documented previous livestock loss or injury

caused by wolves and agency efforts to resolve the problem are

completed. Livestock owners or their agents must report take of wolves

under such a permit to the Service's Mexican Wolf Recovery Coordinator

or to a Service appointed agency representative within 24 hours. There

must be evidence of freshly wounded or killed livestock by wolves.

(vi) On private or tribal land anywhere within the Mexican Wolf

Experimental Population Area, property owners, livestock owners,

tenants, or their designated agents:

(A) may harass wolves in the immediate vicinity (within 500 yards)

of people, buildings, facilities, pets, livestock, or other domestic

animals in an opportunistic, noninjurious manner (no temporary or

permanent physical damage may result) at any time; provided that wolves

cannot be purposely attracted, tracked, or searched out and then

harassed; and provided that such harassment is reported to the

Service's Mexican Wolf Recovery Coordinator or to a Service appointed

agency representative within 7 days; and,

(B) may take (including kill or injure) any wolf actually engaged

in the act of killing, wounding, or biting livestock; provided that

livestock freshly (less than 24 hours) wounded (torn flesh and

bleeding) or killed by wolves is present; and further provided that the

take is reported to the Service's Mexican Wolf Recovery Coordinator or

a Service appointed agency representative within 24 hours.

may take (including kill or injure) any wolf actually engaged

in the act of killing, wounding, or biting livestock; provided that

livestock freshly (less than 24 hours) wounded (torn flesh and

bleeding) or killed by wolves is present; and further provided that the

take is reported to the Service's Mexican Wolf Recovery Coordinator or

a Service appointed agency representative within 24 hours.

(vii) Authorized Service, USDA Animal Damage Control Division,

tribe, and State employees may capture and/or translocate any Mexican

wolf in the nonessential experimental population consistent with the

Service's approved management plan or special management measure. Such

plan or measure may include capture and/or translocation of wolves that

prey on livestock, attack pets or domestic animals other than livestock

on private land, impact game populations in ways which may inhibit

further wolf recovery, prey on members of the desert bighorn sheep herd

found on the White Sands Missile Range and San Andres National Wildlife

Refuge, so long as the State of New Mexico lists it as a species to be

protected, are considered problem wolves, are a nuisance, or are

conflicting with a major land use, or are necessary for research.

Authorized Federal, State, or tribal personnel may also carry out wolf

capture and/or translocation for other purposes the Service has

authorized, such as genetic management, and may use lethal methods of

take when reasonable attempts to capture wolves alive fail and the

Service determines that removal of a particular wolf or wolves from the

wild is necessary. Authorized Federal, State, or tribal personnel may

carry out any management measure that is a part of a Service approved

management plan. Also, the USDA Animal Damage Control Division will

discontinue use of M-44's and choking-type snares in ``occupied Mexican

wolf range'' (see definition in proposed section 17.84(j)(10))

that removal of a particular wolf or wolves from the

wild is necessary. Authorized Federal, State, or tribal personnel may

carry out any management measure that is a part of a Service approved

management plan. Also, the USDA Animal Damage Control Division will

discontinue use of M-44's and choking-type snares in ``occupied Mexican

wolf range'' (see definition in proposed section 17.84(j)(10)). The

Service may restrict or modify other predator control activities

pursuant to a cooperative management agreement or a conference between

us and the USDA's Animal Damage Control Division.

(viii) You may harass or take a Mexican wolf in self defense or

defense of others, provided that you promptly report the harassment or

take to the Service's Mexican Wolf Recovery Coordinator or to a Service

appointed agency representative. If the Service or an agency authorized

through a cooperative management plan determine that a wolf presents a

threat to human life or safety, the Service or the authorized agency

may place it in captivity or euthanize it.

(ix) Intentional taking of any wolf in the Mexican Wolf

Experimental Population Area, except as described above, is prohibited.

The Service encourages individuals authorized to take wolves to use

nonlethal means. You must immediately (within 24 hours) deliver all

wolves (live or dead), pelts, or parts taken to the Service's Mexican

Wolf Recovery Coordinator or to a Service appointed agency

representative.

(4) You may not possess, sell, deliver, carry, transport, ship,

import, or export by any means whatsoever, any wolf or wolf part from

the experimental population taken or possessed in violation of these

regulations or in violation of applicable State or tribal fish and

wildlife laws or regulations or the Act.

(5) You may not attempt to commit, solicit another to commit, or

cause to be committed, any offense defined in this section.

arry, transport, ship,

import, or export by any means whatsoever, any wolf or wolf part from

the experimental population taken or possessed in violation of these

regulations or in violation of applicable State or tribal fish and

wildlife laws or regulations or the Act.

(5) You may not attempt to commit, solicit another to commit, or

cause to be committed, any offense defined in this section.

(6) The two designated recovery areas for Mexican wolves classified

as nonessential experimental that lie within the subspecies' probable

historic range are:

(i) The White Sands Wolf Recovery Area in south-central New Mexico,

including all of the White Sands Missile Range, the White Sands

National Monument, and the San Andres National Wildlife Refuge, and the

area adjacent and to the west of the Missile Range bounded on the south

by the southerly boundary of the USDA Jornada Experimental Range and

the northern boundary of the New Mexico State University Animal Science

Ranch; on the west by the New Mexico Principal Meridian; on the north

by the Pedro Armendaris Grant boundary and the Sierra-Socorro County

line; and on the east by the western boundary of the Missile Range

(Figure 1). Actual releases of captive-raised wolves will take place,

generally as described in our draft Environmental Impact Statement on

Mexican wolf reintroduction, within the White Sands Wolf Recovery Area

primary recovery zone. This is the area within the White Sands Missile

Range bounded on the north by the road from the former Cain Ranch

Headquarters to Range Road 16, Range Road 16 to its intersection with

Range Road 13, Range Road 13 to its intersection with Range Road 7; on

the east by Range Road 7; on the south by Highway 70; and on the west

by the Missile Range boundary. The Service will allow the wolf

subpopulation to expand into the White Sands Wolf Recovery Area

secondary recovery zone, which is the remainder of the White Sands Wolf

Recovery Area not in the primary recovery zone.

n with

Range Road 13, Range Road 13 to its intersection with Range Road 7; on

the east by Range Road 7; on the south by Highway 70; and on the west

by the Missile Range boundary. The Service will allow the wolf

subpopulation to expand into the White Sands Wolf Recovery Area

secondary recovery zone, which is the remainder of the White Sands Wolf

Recovery Area not in the primary recovery zone.

(ii) The Blue Range Wolf Recovery Area, including all of the Apache

National Forest and all of the Gila National Forest in east-central

Arizona and west-central New Mexico (Figure 2). Actual releases of

captive-raised Mexican wolves will take place, generally as described

in our draft Environmental Impact Statement on Mexican wolf

reintroduction, within the Blue Range Wolf Recovery Area primary

recovery zone. This is the area within

the Apache National Forest bounded on the north by the Apache-Greenlee

County line; on the east by the Arizona-New Mexico State line; on the

south by the San Francisco River (eastern half) and the southern

boundary of the Apache National Forest (western half); and on the west

by the Greenlee-Graham County line (San Carlos Apache Reservation

boundary). The Service will allow the wolf subpopulation to expand into

the Blue Range Wolf Recovery Area secondary recovery zone, which is the

remainder of the Blue Range Wolf Recovery Area not in the primary

recovery zone.

(iii) The boundaries of the Mexican Wolf Experimental Population

Area are the portion of Arizona lying north of Interstate Highway 10

and south of Interstate Highway 40; the portion of New Mexico lying

north of Interstate Highway 10 in the west, north of the New Mexico-

Texas boundary in the east, and south of Interstate Highway 40; and the

portion of Texas lying north of United States Highway 62/180 and south

of the Texas-New Mexico boundary (Figure 3). The Service is not

proposing wolf recovery throughout this area, only within the White

Sands and Blue Range Wolf Recovery Areas described in paragraph

erstate Highway 10 in the west, north of the New Mexico-

Texas boundary in the east, and south of Interstate Highway 40; and the

portion of Texas lying north of United States Highway 62/180 and south

of the Texas-New Mexico boundary (Figure 3). The Service is not

proposing wolf recovery throughout this area, only within the White

Sands and Blue Range Wolf Recovery Areas described in paragraph

(j)(6)(i) and (j)(6)(ii) of this subsection. The purpose of the larger

experimental population area designation is to distinguish the legal

status of any wolf found there. After the first captive wolf release,

wolves found in the wild in the Mexican Wolf Experimental Population

Area will be subject to management under this rule. If a wolf is

captured inside the Mexican Wolf Experimental Population Area after the

first release but outside the designated wolf recovery areas, it will

be returned and re-released or put into the captive breeding program.

If a wolf is found in the United States outside the boundaries of the

Mexican Wolf Experimental Population Area (and not within any other

wolf experimental population area) the Service will presume it to be of

wild origin with full endangered status (or threatened in Minnesota)

under the Act, unless evidence, such as a radio-collar or

identification mark, establishes otherwise. If such evidence exists,

the Service or an authorized agency will attempt to promptly capture

the wolf and return and re-release it or put into the captive breeding

program. Such a wolf is otherwise not subject to this rule outside the

designated Mexican Wolf Experimental Population Area.

l develop

management actions in cooperation with the land owner including

recapture if requested by the land owner or tribal government.

(8) The Service will continuously evaluate Mexican wolf

reintroduction progress and prepare periodic progress reports, detailed

annual reports, and full evaluations after 3 and 5 years that recommend

continuation or termination of the reintroduction effort.

(9) The Service does not intend to change the ``nonessential

experimental'' designation to ``essential experimental,''

``threatened,'' or ``endangered'' and does not intend to designate

critical habitat for the Mexican wolf. Critical habitat cannot be

designated under the nonessential experimental classification. 16

U.S.C. 1539(j)(2)(C)(ii). The Service foresees no likely situation

which would result in such changes. The Service would remove from the

wild all reintroduced Mexican wolves designated as nonessential

experimental and revoke the experimental status and regulations if

legal actions or lawsuits compel a change in the population's legal

status to essential experimental, threatened, or endangered or compel

the designation of critical habitat within the Mexican Wolf

Experimental Population Area, or if within 90 days of the initial

release date, the Service discovers a naturally occurring population of

wild wolves, consisting of at least two breeding pairs that for 2

consecutive years have each successfully raised two offspring, existing

within the White Sands Wolf Recovery Area or Blue Range Wolf Recovery

Area boundaries. The Service would manage and protect any such

naturally occurring wolves as endangered species under the Act.

e, the Service discovers a naturally occurring population of

wild wolves, consisting of at least two breeding pairs that for 2

consecutive years have each successfully raised two offspring, existing

within the White Sands Wolf Recovery Area or Blue Range Wolf Recovery

Area boundaries. The Service would manage and protect any such

naturally occurring wolves as endangered species under the Act.

(10) Definitions--Key terms used in the rule have the following

definitions.

Breeding pair. An adult male and an adult female wolf that have

produced at least two pups that survived until December 31 of the year

of their birth, during the previous breeding season.

Depredation. The confirmed killing or maiming of lawfully present

domestic livestock on Federal, State, tribal, or other public lands, or

private lands by one or more wolves. The Service, USDA Animal Damage

Control, or Service-authorized State or tribal agencies will confirm

killing or maiming of domestic livestock.

Engaged in the act of killing, wounding, or biting livestock. To be

engaged in the pursuit and grasping, biting, attacking, wounding, or

feeding upon livestock that are alive. If wolves are observed feeding

on livestock carcasses, you cannot assume that wolves killed the

livestock until proper authorities investigate and confirm that wolves

were responsible for that or other livestock losses in the immediate

area (1-mile radius).

Harass. Harass is defined as ``intentional or negligent act or

omission which creates the likelihood of injury to the wildlife by

annoying it to such an extent as to significantly disrupt normal

behavioral patterns which include, but are not limited to breeding,

feeding, or sheltering'' (50 CFR 17.3)

were responsible for that or other livestock losses in the immediate

area (1-mile radius).

Harass. Harass is defined as ``intentional or negligent act or

omission which creates the likelihood of injury to the wildlife by

annoying it to such an extent as to significantly disrupt normal

behavioral patterns which include, but are not limited to breeding,

feeding, or sheltering'' (50 CFR 17.3). For the purposes of this

proposed experimental population rule the Service permits only

``opportunistic,'' noninjurious harassment (see definition below) and

limits it to approaching wolves on foot, horseback, or nonmotorized or

motorized vehicle (no closer than 20 feet); discharging firearms or

other projectile launching devices in proximity to but not in the

direction of wolves; throwing objects in the general direction of but

not at wolves; or making any loud noise in proximity to wolves. The

basic intent is to scare or chase wolves from the immediate area

without causing physical injuries.

Impact on game populations in ways which may inhibit further wolf

recovery. The Service encourages States and tribes to describe

unacceptable impacts on game populations in their management plans

subject to our approval. Until such time the term will mean the

following: Two consecutive years with a cumulative 35 percent decrease

in population or hunter harvest estimates for a particular species of

ungulate in a game management unit or distinct herd segment compared to

the prewolf 5-year average (unit or herd must contain average of

greater than 100 animals). If wolf predation is shown to be a primary

cause of ungulate population declines (greater than 50 percent of

documented adult or young mortality), then wolves

e

in population or hunter harvest estimates for a particular species of

ungulate in a game management unit or distinct herd segment compared to

the prewolf 5-year average (unit or herd must contain average of

greater than 100 animals). If wolf predation is shown to be a primary

cause of ungulate population declines (greater than 50 percent of

documented adult or young mortality), then wolves

may be moved to reduce ungulate mortality rates and assist in herd

recovery, but only in conjunction with application of other common,

professionally acceptable, wildlife management techniques.

Occupied Mexican wolf range. (1) Area of confirmed presence of

resident breeding packs or pairs of wolves or area consistently used by

at least one resident wolf over a period of at least one month. The

Service must confirm or corroborate wolf presence. Exact delineation of

the area will be described by:

(i) Five-mile radius around all locations of wolves and wolf sign

confirmed as described above (nonradio-monitored);

(ii) 5-mile radius around radio locations of resident wolves when

fewer than 20 radio locations are available (for radio-monitored wolves

only); or

(iii) 3-mile radius around the convex polygon developed from more

than 20 radio locations of a pack, pair, or single wolf taken over a

period of at least 6 months (for radio-monitored wolves).

(2) This definition applies only within the Mexican Wolf

Experimental Population Area.

Opportunistic, noninjurious harassment (see ``harass''). This is

the only type of harassment the Service permits under the experimental

population rule. Opportunistic means as the wolf presents itself (i.e.,

the wolf travels onto and is observed on private land or near

livestock). You cannot track a wolf and then harass it or harass it by

aircraft. You cannot chase and harass a wolf for an extended period of

time (over 15 minutes). Any harassment must not cause bodily injury,

maiming, or death.

Population of naturally occurring wild wolves

. Opportunistic means as the wolf presents itself (i.e.,

the wolf travels onto and is observed on private land or near

livestock). You cannot track a wolf and then harass it or harass it by

aircraft. You cannot chase and harass a wolf for an extended period of

time (over 15 minutes). Any harassment must not cause bodily injury,

maiming, or death.

Population of naturally occurring wild wolves. At least two

breeding pairs of wolves successfully raising at least two young each

year (until December 31 of the year of their birth), for 2 consecutive

years in the Mexican Wolf Experimental Population Area.

Primary recovery zone. An area where the Service proposes to

release Mexican wolves, and where the Service may return and re-release

them if necessary, and where managers will actively support recovery of

the reintroduced population.

Problem wolves. Wolves that have depredated on lawfully present

domestic livestock or wolves from a group or pack including adults,

yearlings, and young-of-the-year that were directly involved in the

depredations; or fed upon the livestock remains that were a result of

the depredation; or were fed by or are dependent upon adults involved

with the depredations (because before these young animals mature to

where they can survive on their own, they will travel with the pack and

learn the pack's depredation habits). Wolves that have depredated on

domestic animals other than livestock, two times in an area within 1

year. Wolves that are habituated to humans, human residences, or other

facilities.

Secondary recovery zone. An area adjacent to a primary recovery

zone which the Service does not propose for Mexican wolf releases, but

in which the Service allows released wolves to disperse, and where

managers will actively support recovery of the reintroduced population.

Take. The Act defines ``take'' as--``to harass, harm, pursue, hunt,

shoot, wound, kill, trap, capture, or collect, or to attempt to engage

in any such conduct'' (16 U.S.C. 1532(19))

ry

zone which the Service does not propose for Mexican wolf releases, but

in which the Service allows released wolves to disperse, and where

managers will actively support recovery of the reintroduced population.

Take. The Act defines ``take'' as--``to harass, harm, pursue, hunt,

shoot, wound, kill, trap, capture, or collect, or to attempt to engage

in any such conduct'' (16 U.S.C. 1532(19)). See above definition of

Harass which includes definition of permitted harassment, and see

definition of Unavoidable and unintentional take below.

Unavoidable and unintentional take. Accidental, non-negligent take

(see above definition of ``Take'') which occurs despite reasonable

care, is incidental to an otherwise lawful activity and without the

purpose to do so. Examples would include striking a wolf with an

automobile or capturing a wolf in a trap set obviously for another

species. Note--Shooting a wolf when the individual states he or she

believed it to be an animal other than a wolf does not qualify as

unavoidable or unintentional take. Shooters have the responsibility to

be sure of their targets.

Wolf recovery area. A designated area where managers will actively

support reestablishment of Mexican wolf populations.

Figures to Sec. 17.84(j)

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Dated: December 20, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-10665 Filed 4-30-96; 8:45 am]

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