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Federal Register / Vol. 72, No.

129 / Friday, July 6, 2007 / Proposed Rules 36939

transaction does not relieve the other has a new statute and has advised the FOR FURTHER INFORMATION CONTACT:
taxable parties of their obligation to Service that it is appropriate to analyze Edward E. Bangs, Western Gray Wolf
disclose the transaction to a tax-exempt a new draft wolf management plan that Recovery Coordinator, U.S. Fish and
entity that is a party to the transaction the Service believes could allow the Wildlife Service, at our Helena office
in accordance with this section, if the wolves in northwestern Wyoming (see ADDRESSES) or telephone (406) 449–
designated taxable party fails to disclose outside the National Parks to be 5225, extension 204. Persons who use a
the transaction to the tax-exempt entity removed from the protections of the Act. Telecommunications Device for the Deaf
in a timely manner. We are reopening the proposal’s may call the Federal Information Relay
(i) Penalty for failure to provide comment period to ensure that the Service at (800) 877–8339, 24 hours a
disclosure statement. See section 6707A public has full access to, and an day, 7 days a week.
for penalties applicable to failure to opportunity to comment on, the
disclose a prohibited tax shelter proposed rule in light of this new SUPPLEMENTARY INFORMATION:
transaction in accordance with this information. We also announce the Background
section. location and time of an additional
(j) Effective/applicability date. This public hearing to receive public On February 8, 2007, we published a
section will apply with respect to comments on the proposal in light of the proposal to establish a DPS of the gray
transactions entered into by a tax- new information. If you have previously wolf in the NRM of the United States
exempt entity after May 17, 2006. submitted comments, please do not and to remove the NRM DPS from the
Par. 11. Section 301.6033–5 is added resubmit them because we have already List of Threatened and Endangered
to read as follows: incorporated them in the public record Wildlife (72 FR 6106) if Wyoming
and will fully consider them in our final adopted a state law and management
§ 301.6033–5 Disclosure by tax-exempt decision.
entities that are parties to certain reportable plan that adequately conserved wolves.
transactions. DATES: The public comment period is The initial comment period on this
[The text of this section is the same reopened until August 6, 2007. We may proposal was open from February 8,
as the text of § 301.6033–5T published not consider any comments we receive 2007 to April 9, 2007. Due to the
elsewhere in this issue of the Federal after the closing date. We will hold a complexity of this proposed action, we
Register]. public hearing on this proposed rule on extended the comment period to May 9,
July 17, 2007. For more information, see 2007 to allow the public ample
Kevin M. Brown, ‘‘Public Hearing and Comments’’ below. opportunity to comment (72 FR 14760;
Deputy Commissioner for Services and March 29, 2007).
Enforcement. Public Hearing
At the time of this proposal, Wyoming
[FR Doc. E7–12902 Filed 7–5–07; 8:45 am] An open house (a brief presentation had not provided an adequate regulatory
BILLING CODE 4830–01–P about the proposed rule and revised framework to ensure conservation of a
plan with a question and answer period) recovered wolf population into the
will be held from 4:30 p.m. to 5:30 p.m., foreseeable future (for more information,
DEPARTMENT OF THE INTERIOR and will be followed by a public hearing see our 12-month finding on Wyoming’s
from 5:30 p.m. to 8:30 p.m., on July 17, petition to establish and delist the NRM
Fish and Wildlife Service 2007, at the Cody Auditorium Facility, gray wolf population (71 FR 43410;
1240 Beck Avenue, Cody, WY 82414. August 1, 2006) at http://www.fws.gov/
50 CFR Part 17 ADDRESSES: If you wish to comment, mountain-prairie/species/mammals/
RIN 1018–AU53 you may submit comments and wolf/FR08012006.pdf). Therefore, in the
materials concerning this proposal, preamble we indicated we would
Endangered and Threatened Wildlife identified by ‘‘RIN number 1018– consider excluding the significant
and Plants; Designating the Northern AU53,’’ by any of the following portion of the range of the NRM DPS
Rocky Mountain Population of Gray methods: occurring in Wyoming, outside
Wolf as a Distinct Population Segment 1. You may submit comments through Yellowstone National Park, John D.
and Removing This Distinct Population the Federal e-Rulemaking Portal at Rockefeller Jr. Memorial Parkway, and
Segment From the Federal List of http://www.regulations.gov. Follow the Grand Teton National Park (hereafter
Endangered and Threatened Wildlife instructions for submitting comments. collectively referred to as National
AGENCY: Fish and Wildlife Service, 2. You may send comments by Parks) from the delisting. This
Interior. electronic mail (email) directly to the alternative in the preamble also
Service at WesternGrayWolf@fws.gov. considered delisting the wolf on
ACTION: Proposed rule; reopening of
Include ‘‘RIN number 1018–AU53’’ in National Park Service lands and in those
comment period; notice of public
the subject line of the message. portions of Wyoming not determined to
hearing.
3. You may mail or hand-deliver be a significant portion of the range. The
SUMMARY: The U.S. Fish and Wildlife comments to the U.S. Fish and Wildlife exact boundaries are described in the
Service (Service, we or us) announces Service, Western Gray Wolf Recovery proposed rule (72 FR 6119; February 8,
the reopening of the comment period for Coordinator, 585 Shepard Way, Helena, 2007). A map can be found at
the proposed rule to establish a distinct MT 59601. http://www.fws.gov/mountain-prairie/
population segment (DPS) of the gray Comments and materials received, as species/mammals/wolf/
wolf (Canis lupis) in the Northern Rocky well as supporting documentation used wyomingwolves2006.pdf. However, the
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Mountains (NRM) of the United States in preparation of this proposed action, rule proposed to delist all of the NRM
and to remove the gray wolf in the NRM will be available for inspection DPS if Wyoming adopted a State law
DPS from the List of Endangered and following the close of the comment and wolf management plan that the
Threatened Wildlife under the period, by appointment, during normal Service determined to be in compliance
Endangered Species Act of 1973, as business hours, at our Helena office at with the Act (72 FR 6138; February 8,
amended (Act). The State of Wyoming the address above. 2007).

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36940 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Proposed Rules

New Information wolves in National Parks, never drops conflicts, WGFD would manage for
In February 2007, the Wyoming below 10 breeding pairs and 100 wolves replacement breeding pairs in an area
governor signed legislation (Wyoming (WGFD 2007, p. 1). Furthermore, the within the DAU that is more suitable for
House Bill 213) that proposes to revise plan now incorporates the Service’s wolves (WGFD 2007, p. 11).
definition of a breeding pair as an adult Hunting and trapping regulations
Wyoming State statutes pertaining to
male and female raising two or more would be implemented through the
wolf management. If this were to
pups-of-the-year until December 31 same rulemaking processes used for
become effective, it would appear to
(WGFD 2007, pp. 1–3; 72 FR 6129, other trophy game animals in Wyoming
allow for adequate wolf management by
February 8, 2007). and would include public input. WGFD
the Wyoming Game and Fish
Under this law and plan, if the NRM may use a variety of harvest regimes,
Department (WGFD). Furthermore, in
DPS is delisted, Wyoming would including harvest quotas, to maintain at
May 2007, the Governor of Wyoming designate the gray wolf as a trophy game least seven breeding pairs of wolves
stated it was appropriate to analyze a animal in the area that conforms to our outside the National Parks. Seasons
revised wolf management plan that determination of the significant portion would be closed when the mortality
would maintain a recovered wolf of the range in Wyoming (72 FR 6119; quota is reached, or if the Commission
population for the foreseeable future February 8, 2007). Outside this area in deems it necessary to limit take in
(Freudenthal 2007). This draft wolf Wyoming, wolves would be classified as additional areas that are designated for
management plan requires final State predatory animals (WGFD 2007, pp. 1, trophy game animal protection. The
approval from the Wyoming Game and 2, 4, 5, 10). These designations would wolf management plan states that, as
Fish Commission (Commission) and remain constant regardless of changes in with mountain lions (Puma concolor)
may require further legislative action so the number of breeding pairs in the and black bears (Ursus americanus),
that certain recent changes in State law State. license sales would not be restricted
could become effective. Since the State does not have the legal unless limited quota harvest regimes are
The legislation contains a list of authority to manage wolves within the necessary. We anticipate that a limited
actions that are to occur for the law to National Parks, its management harvest quota would likely be necessary
become effective. These actions are emphasis would be applied to for WGFD to maintain at least seven
summarized below and may be viewed maintaining seven breeding pairs that breeding pairs outside the National
in the House bill at http://gf.state.wy.us/ primarily inhabit areas outside the Parks in northwestern Wyoming. Wolf
downloads/pdf/HB0213% National Parks (WGFD 2007, p. 10). mortality quotas would be based on
202007%20Wolf%20Engrossed.pdf. Because the State also does not have any desired pack densities for each WMU
(1) On or before February 29, 2008, authority to manage wildlife occurring and total numbers of packs at the DAU
the Service shall have published the on the Wind River Reservation, the level (WGFD 2007, p. 15).
final rule to delist the gray wolf in the Tribes are not obligated under the It is currently unlawful in Wyoming
entire State of Wyoming; and State’s wolf management plan to to take trophy game animals by
(2) The Service has either published manage for a specific number of wolves. trapping. However, if delisted, gray
a final rule modifying the existing 2005 Any breeding pairs that might become wolves classified as trophy game
special regulation under section 10(j) of established on the reservation would animals could be legally trapped as set
the Act or has executed an agreement not reduce Wyoming’s commitment to forth by Wyoming Statute 23–2–303(d).
with the State of Wyoming that provides maintain at least seven breeding pairs In the event of delisting, WGFD would
adequate protection for Wyoming’s wild outside the National Parks in first need to adopt regulations setting
ungulates; and northwestern Wyoming. WGFD will forth the specifications for traps and
(3) All claims in the lawsuit brought continue to coordinate with appropriate snares used for the taking of gray wolves
by the State of Wyoming contesting the authorities on the Reservation for the (WGFD 2007, p. 16).
Service’s actions finding Wyoming’s purpose of developing mutually In recognition of the importance of
statute and plan inadequate have been agreeable wolf management objectives sufficient dispersal and exchange of
resolved or settled; and (WGFD 2007, p. 10). wolves in maintaining genetic
(4) The governor of Wyoming shall The wolf trophy game area would be variability, WGFD would not remove
certify to the Secretary of State of designated as the Northwest Wyoming lone wolves dispersing through areas
Wyoming that the actions described in Wolf Data Analysis Unit (DAU) and outside of the trophy game area unless
the statute have occurred. would consist of three wolf management conflicts with human activities arise.
The revised wolf management plan units (WMU). WGFD uses such an However, wolves in these areas may be
provides that the designation of wolves approach to manage all other species of subject to liberal public take regulations.
as a trophy game animal shall include big game and trophy game animals. The Public education efforts would
any gray wolf within the boundaries DAU is used to manage a population of emphasize that lone wolf sightings do
that are now consistent with those the animals, while WMUs are used to not necessarily mean a pack is forming
Service has deemed necessary for manage specific harvest objectives in the area (WGFD 2007, p. 17).
maintaining a recovered wolf within the DAU. Wolves that occupy the The wolf management plan
population. For specific boundaries, see DAU would be actively managed, and emphasizes that interagency efforts to
the House bill at the above website and public take would be regulated under maintain linkage zones and movement
the revised management plan. appropriate State statutes and corridors in the northern Rockies for
When effective, this law and wolf Commission regulations at the WMU grizzly bears (Ursus arctos horribilis),
management plan would commit the level to ensure that at least seven forest carnivores, and big game will also
State to maintain at least 15 breeding breeding pairs occupy this DAU (WGFD benefit wolves. WGFD commits, to the
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pairs in the northwestern portion of the 2007, p. 10). The size of the DAU would extent practicable, to ensure that genetic
State including the National Parks, with allow for some flexibility where the and connectivity issues do not threaten
7 of these breeding pairs occupying minimum of seven breeding pairs would Wyoming’s wolf population.
areas outside the National Parks. The be maintained. In the event pack Conservation measures could include,
State of Wyoming would ensure that densities need to be reduced in one area but would not be limited to, working
Wyoming’s wolf population, including to minimize wildlife or livestock with other States to promote natural

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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Proposed Rules 36941

dispersal into and within various Wolf management on Tribal lands concerning the proposed delisting of all
portions of the Greater Yellowstone within the NRM DPS will be beneficial, of the NRM DPS throughout Wyoming
Area, and, if necessary, by relocation or but is not necessary to either achieving considering the adequacy of Wyoming’s
translocation (WGFD 2007, p. 17). or maintaining a recovered wolf regulatory framework as represented by
Under the new wolf management population in the NRM (72 FR 6135; its revised State law, if adopted, and
plan, WGFD would monitor the number February 8, 2007). State and Tribal wolf management
of breeding pairs residing in Wyoming, The Wind River Reservation occurs plans.
regardless of legal classification, and just outside the significant portion of If you previously submitted
document their distribution, the range in northwestern Wyoming and comments on the delisting proposal,
reproduction, and mortality. WGFD currently does not solely support any please do not resubmit them, as we have
would be responsible for monitoring breeding pairs, although two adjacent already incorporated them into the
these parameters in all occupied habitat packs range inside the reservation public record and will fully consider
outside of National Parks, the National boundary (Shoshone and Arapahoe them in our final decision. However, we
Elk Refuge, and the Wind River Tribal Fish and Game Department 2007, welcome any new comments pertaining
Reservation. The National Park Service pp. 4–5). As such, the Shoshone and to the proposed delisting throughout
intends to continue to monitor wolves Arapahoe Tribal Fish and Game Wyoming in light of the new regulatory
inside the National Parks, and the Department has prepared a wolf framework.
Service intends to monitor wolves on management plan for the reservation for You may submit comments as
the National Elk Refuge. WGFD would our review. indicated under ADDRESSES. If you wish
coordinate and share monitoring data We have approved the Tribal plan to submit comments by e-mail, please
with these agencies, Montana, Idaho, because it is consistent with submit them in ASCII file format and
and Tribes. WGFD would monitor maintaining a recovered population of avoid the use of special characters and
wolves outside the DAU less intensively wolves in Wyoming after delisting and any form of encryption.
(WGFD 2007, p. 12). the guidelines of the 2005 10(j) rule Due to the high level of interest in this
In conclusion, it appears the (King 2007). Our approval of the plan rulemaking process, we may post
regulatory framework provided by the provides the Shoshone and Arapahoe comments on our Web site. Before
State statute and proposed revised wolf Tribal Fish and Game Department with including your address, phone number,
management plan, would if adopted, the ability to manage listed wolves e-mail address, or other personal
provide assurance that Wyoming’s share according to provisions for controlling identifying information in your
of the tri-State NRM wolf population problem wolves in our 2005 special comment, you should be aware that
would be maintained above recovery regulation under section 10(j) of the Act your entire comment—including your
levels into the foreseeable future and (70 FR 1286, January 6, 2005). If the personal identifying information—may
that a significant portion of the range in wolf is delisted, the Shoshone and be made publicly available at any time.
Wyoming would continue to be Arapahoe Tribal Fish and Game While you can ask us in your comment
occupied by wolf packs. This type of Department would designate it as a to withhold your personal identifying
management framework is consistent in game animal and would establish information from public review, we
its general principles with those already hunting and trapping seasons (Shoshone cannot guarantee that we will be able to
adopted and accepted as being adequate and Arapahoe Tribal Fish and Game do so.
regulatory frameworks for delisting Department 2007, p. 9). The Shoshone Comments and other information
wolves in the States of Minnesota, and Arapahoe Tribal Fish and Game received, as well as supporting
Michigan, Wisconsin, Montana, and Department would not manage for a information used to write the proposed
Idaho. The plan would provide specific number of breeding pairs rule, will be available for public
adequate assurances that a viable wolf (Shoshone and Arapahoe Tribal Fish inspection, by appointment, during
population would be maintained in the and Game Department 2007, p. 9), normal business hours at the Helena,
NRM DPS. However, if the statute does because the Wind River Reservation is Montana Field Office (see ADDRESSES).
not go into effect or if the plan is not not considered essential to maintaining In making a final decision on the
adopted by the Commission, our final a recovered wolf population in proposal, we will take into
rulemaking could employ the Wyoming. Any wolves that establish consideration the comments and any
alternative described in the preamble to themselves on the reservation would be additional information we receive. Such
the February 18, 2007, proposed rule to in addition to those managed by the communications may lead to a final
keep wolves in the significant portion of State of Wyoming for maintaining a regulation that differs from the proposal.
their range (outside the National Parks) recovered population. Anyone wishing to make an oral
in Wyoming as a nonessential The Wind River Reservation plan may statement at the public hearing for the
experimental population with be viewed at: http://www.fws.gov/ record is encouraged to provide a
continued protections under the Act. mountain-prairie/species/mammals/ written copy of their statement to us at
The February 8, 2007, proposed rule wolf/Wind_River_Res_ the hearing. In the event there is a large
may be viewed at http://www.fws.gov/ Wolf_Plan_20070413.pdf. attendance, the time allotted for oral
mountain-prairie/species/mammals/ statements may be limited. Speakers can
wolf/ Public Hearing and Comments sign up only at the open houses and
NRM_wolf_DPS_%2002082007.pdf. The We intend that any final action hearings. Oral and written statements
revised draft Wyoming wolf resulting from the proposal will be as receive equal consideration. There are
management plan may be viewed at accurate and as effective as possible. no limits on the length of written
http://gf.state.wy.us/wildlife/ Therefore, we solicit comments or comments submitted to us. If you have
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wildlife_management/wolf/index.asp. suggestions from the public, concerned any questions concerning the public
In addition to having new information governmental agencies, the scientific hearing or need reasonable
regarding State management of wolves community, industry, or any other accommodations to attend and
in Wyoming, the Wind River interested party concerning the participate in the public hearing, please
Reservation recently submitted a wolf proposed rule. Specifically, we seek contact Sharon Rose at (303) 236–4580
management plan to us for approval. information, data, and comments as soon as possible, but no later than 1

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36942 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Proposed Rules

week to before the hearing date, to allow management plans and would not their stock animals or dogs; and (2) our
sufficient time to process requests. impact wolves outside the Yellowstone establishing a reasonable process for
Information regarding the proposal is or central Idaho nonessential States and Tribes with approved post-
available in alternative formats upon experimental population areas. A draft delisting wolf management plans to
request. environmental assessment will be allow removal of wolves that are
prepared on this proposed action. scientifically demonstrated to be
Authority
DATES: Comments from all parties on impacting ungulate populations to the
The authority for this action is the both the proposal and the draft degree that they are not meeting
Endangered Species Act of 1973, as environmental assessment must be respective State and Tribal management
amended (16 U.S.C. 1531 et seq.). received by August 6, 2007. We will goals. We specifically ask for comments
Dated: June 28, 2007. hold three public hearings on this regarding whether the proposed
Kevin Adams, proposed rule in July. See modifications would reasonably address
Acting Director, U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION for the conflicts between wolves and domestic
Service. dates, times, and locations. animals or wild ungulate populations;
[FR Doc. 07–3273 Filed 7–2–07; 8:45 am] ADDRESSES: If you wish to comment,
would provide sufficient safeguards to
BILLING CODE 4310–55–P you may submit comments and prevent misuse of the modified rule;
materials concerning this proposal, would provide an appropriate and
transparent public process that ensures
identified by ‘‘RIN 1018–AV39,’’ by any
DEPARTMENT OF THE INTERIOR decisions are science-based; and would
of the following methods:
1. You may mail or hand deliver provide adequate guarantees that wolf
Fish and Wildlife Service written comments to the U.S. Fish and recovery will not be compromised.
If you wish to comment, you may
Wildlife Service, Western Gray Wolf
50 CFR Part 17 submit your comments and materials
Recovery Coordinator, 585 Shepard
concerning this proposed rule by any
RIN 1018–AV39 Way, Helena, Montana 59601;
one of several methods, as listed above
2. You may send comments by
Endangered and Threatened Wildlife in the ADDRESSES section. If you submit
electronic mail (e-mail) directly to the
and Plants; Proposed Revision of comments by e-mail, please submit
Service at WolfRuleChange@fws.gov.
Special Regulation for the Central them in ASCII file format and avoid the
Include ‘‘RIN number 1018–Av39’’ in
Idaho and Yellowstone Area use of special characters and
the subject line of the message. See the
Nonessential Experimental encryption. Please note that the e-mail
Public Comments Solicited section
Populations of Gray Wolves in the address will be closed at the termination
below for file format for electronic
Northern Rocky Mountains of the public comment period.
filing; or Our practice is to make comments,
AGENCY: Fish and Wildlife Service, 3. You may submit your comments including names and home addresses of
Interior. through the Federal e-Rulemaking respondents, available for public review
Portal—http://www.regulations.gov. during regular business hours. Before
ACTION: Proposed rule.
Follow the instructions for submitting including your address, phone number,
SUMMARY: We, the U.S. Fish and comments. e-mail address, or other personal
Wildlife Service (Service), propose Comments and materials received, as identifying information in your
revisions to the 2005 special rule for the well as supporting documentation used comment, you should be aware that
central Idaho and Yellowstone area in preparation of this proposed action, your entire comment—including your
nonessential experimental population of will be available for inspection personal identifying information—may
the gray wolf (Canis lupus) in the following the close of the comment be made publicly available at any time.
northern Rocky Mountains (NRM). period, by appointment, during normal While you can ask us in your comment
Specifically, this rule proposes to business hours, at our Helena office (see to withhold your personal identifying
modify the definition of ‘‘unacceptable ADDRESSES). information from public review, we
impacts’’ to wild ungulate populations FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to
so that States and Tribes with Service- Edward E. Bangs, Western Gray Wolf do so. Comments and materials received
approved post-delisting wolf Recovery Coordinator, U.S. Fish and will be available for public inspection,
management plans can better address Wildlife Service, at our Helena office by appointment, during normal business
the impacts of a biologically recovered (see ADDRESSES) or telephone (406) 449– hours (see ADDRESSES section).
wolf population on ungulate 5225, extension 204.
populations and herds while wolves Peer Review
SUPPLEMENTARY INFORMATION:
remain listed. We also propose to In accordance with our joint policy
modify the 2005 special rule to allow Public Comments Solicited published in the Federal Register on
private citizens in States or on Tribal We intend that any final action July 1, 1994 (59 FR 34270), and the
lands with approved post-delisting wolf resulting from this proposal will be as Office of Management and Budget’s
management plans to take wolves that accurate and as effective as possible. (OMB) Final Information Quality
are in the act of attacking their stock Therefore, data, comments, new Bulletin for Peer Review, dated
animals or dogs. All other provisions of information, or suggestions from the December 16, 2004, we will seek
the 2005 special rule, including the public, other concerned governmental independent review of the science in
process to obtain Service approval and agencies, the scientific community, this rule. The purpose of such review is
the conditions for reporting all wolf industry, or any other interested party to ensure that our final rule is based on
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take, would remain unchanged. As concerning this proposed rule are scientifically sound data, assumptions,
under the existing terms of the 2005 hereby solicited. We particularly seek and analyses. We will send peer
special rule, these proposed comments concerning (1) our proposed reviewers copies of this proposed rule
modifications would not apply with modifications to the 2005 experimental immediately following publication in
respect to States or Tribes without population rule to allow private citizens the Federal Register. We will invite
approved post-delisting wolf to take wolves in the act of attacking these peer reviewers to comment,

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