50 CFR § 17.80-17.85 - Experimental Populations

201 U.S. Fish and Wildlife Serv., Interior § 17.80 accordance with section 6(c) of the Act, who is designated by that agency for such purposes, when acting in the course of official duties. [86 FR 48568, Aug. 31, 2021, as amended at 87 FR 18738, Mar. 31, 2022; 87 FR 40114, July 6, 2022; 87 FR 66607, Nov. 4, 2022; 87 FR 74012, Dec. 2, 2022; 88 FR 21866, Apr. 11, 2023; 88 FR 25238, Apr. 25, 2023; 88 FR 30057, May 10, 2023; 88 FR 57209, Aug. 22, 2023] § 17.74 Special rules—conifers and cycads. (a) Whitebark pine (Pinus albicaulis). (1) Prohibitions. The following prohi bitions that apply to endangered plants also apply to whitebark pine, except as provided under paragraph (a)(2) of this section: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endan gered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (v) Sell or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. In re gard to the whitebark pine, you may: (i) Conduct activities as authorized by permit under § 17.72. (ii) Conduct forest-management, res toration, or research-related activities conducted or authorized by the Federal agency with jurisdiction over the land where the activities occur. (iii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.71(b). (iv) Collect whitebark pine seeds from areas under Federal jurisdiction for Tribal ceremonial use or tradi tional Tribal consumption, provided that: (A) The collection is conducted by members of federally recognized Tribes; and (B) The collection does not violate any other applicable laws and regula tions. (b) [Reserved] [87 FR 76917, Dec. 15, 2022] §§ 17.75–17.78 [Reserved] Subpart H—Experimental Populations SOURCE: 49 FR 33893, Aug. 27, 1984, unless otherwise noted. § 17.80 Definitions. (a) The term experimental population means an introduced and/or designated population (including any offspring arising solely therefrom) that has been so designated in accordance with the procedures of this subpart but only when, and at such times as, the popu lation is wholly separate geographi cally from nonexperimental popu lations of the same species. Where part of an experimental population overlaps with nonexperimental populations of the same species on a particular occa sion, but is wholly separate at other times, specimens of the experimental population will not be recognized as such while in the area of overlap. That is, experimental status will be recog nized only outside the areas of overlap. Thus, such a population will be treated as experimental only when the times of geographic separation are reasonably predictable, e.g., fixed migration pat terns, natural or manmade barriers. A population is not treated as experi mental if total separation will occur solely as a result of random and unpre dictable events. (b) The term essential experimental population means an experimental pop ulation whose loss would be likely to appreciably reduce the likelihood of the survival of the species in the wild. All other experimental populations are to be classified as nonessential. [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 202 50 CFR Ch. I (10–1–23 Edition) § 17.81 § 17.81 Listing. (a) The Secretary may designate as an experimental population a popu lation of endangered or threatened spe cies that will be released into habitat that is capable of supporting the exper imental population outside the species’ current range, subject to the further conditions specified in this section, provided that all designations of exper imental populations must proceed by regulation adopted in accordance with 5 U.S.C. 553 and the requirements of this subpart. (b) Before authorizing the release as an experimental population of any pop ulation (including eggs, propagules, or individuals) of an endangered or threatened species, and before author izing any necessary transportation to conduct the release, the Secretary must find by regulation that such re lease will further the conservation of the species. In making such a finding, the Secretary will use the best sci entific and commercial data available to consider: (1) Any possible adverse effects on ex tant populations of a species as a result of removal of individuals, eggs, or propagules for introduction elsewhere; (2) The likelihood that any such ex perimental population will become es tablished and survive in the foreseeable future; (3) The relative effects that estab lishment of an experimental popu lation will have on the recovery of the species; (4) The extent to which the intro duced experimental population may be affected by existing or anticipated Fed eral or State actions or private activi ties within or adjacent to the experi mental population area; and (5) When an experimental population is being established outside of its his torical range, any possible adverse ef fects to the ecosystem that may result from the experimental population being established. (c) Any regulation promulgated under paragraph (a) of this section shall provide: (1) Appropriate means to identify the experimental population, including, but not limited to, its actual or pro posed location, actual or anticipated migration, number of specimens re leased or to be released, and other cri teria appropriate to identify the exper imental population(s); (2) A finding, based solely on the best scientific and commercial data avail able, and the supporting factual basis, on whether the experimental popu lation is, or is not, essential to the con tinued existence of the species in the wild; (3) Management restrictions, protec tive measures, or other special man agement concerns of that population, as appropriate, which may include but are not limited to, measures to isolate, remove, and/or contain the experi mental population designated in the regulation from nonexperimental popu lations; and (4) A process for periodic review and evaluation of the success or failure of the release and the effect of the release on the conservation and recovery of the species. (d) The Secretary may issue a permit under section 10(a)(1)(A) of the Act, if appropriate under the standards set out in sections 10(d) and 10(j) of the Act, to allow actions necessary for the establishment and maintenance of an experimental population. (e) The Service will consult with ap propriate State fish and wildlife agen cies, affected Tribal governments, local governmental agencies, affected Fed eral agencies, and affected private landowners in developing and imple menting experimental population rules. When appropriate, a public meet ing will be conducted with interested members of the public. Any regulation promulgated pursuant to this section will, to the maximum extent prac ticable, represent an agreement be tween the Service, the affected State and Federal agencies, Tribal govern ments, local government agencies, and persons holding any interest in land or water that may be affected by the es tablishment of an experimental popu lation. (f) Any population of an endangered species or a threatened species deter mined by the Secretary to be an experi mental population in accordance with this subpart will be identified by a spe cies-specific rule in §§ 17.84 and 17.85 as appropriate and separately listed in VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 203 U.S. Fish and Wildlife Serv., Interior § 17.84 § 17.11(h) (wildlife) or § 17.12(h) (plants) as appropriate. (g) The Secretary may designate crit ical habitat as defined in section (3)(5)(A) of the Act for an essential ex perimental population as determined pursuant to paragraph (c)(2) of this sec tion. Any designation of critical habi tat for an essential experimental popu lation will be made in accordance with section 4 of the Act. No designation of critical habitat will be made for non essential experimental populations. [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] § 17.82 Prohibitions. Any population determined by the Secretary to be an experimental popu lation will be treated as if it were list ed as a threatened species for purposes of establishing protective regulations under section 4(d) of the Act with re spect to such population. The species specific rules (protective regulations) adopted for an experimental population under § 17.81 will contain applicable prohibitions, as appropriate, and excep tions for that population. [88 FR 42652, July 3, 2023] § 17.83 Interagency cooperation. (a) Any experimental population des ignated for a listed species (1) deter mined pursuant to § 17.81(c)(2) of this subpart not to be essential to the sur vival of that species and (2) not occur ring within the National Park System or the National Wildlife Refuge Sys tem, shall be treated for purposes of section 7 (other than subsection (a)(1) thereof) as a species proposed to be listed under the Act as a threatened species. (b) For a listed species, any experi mental population that, pursuant to § 17.81(c)(2), has been determined to be essential to the survival of the species or that occurs within the National Park System or the National Wildlife Refuge System, as now or hereafter constituted, will be treated for pur poses of section 7 of the Act as a threatened species. (c) For purposes of section 7 of the Act, any consultation or conference on a proposed Federal action will treat any experimental and nonexperimental populations as a single listed species for the purposes of conducting the analyses and making agency deter minations pursuant to section 7(a) of the Act. [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] § 17.84 Species-specific rules— vertebrates. (a) Guam kingfisher, sihek (Todiramphus cinnamominus). (1) Where is the occurrence of sihek des ignated as a nonessential experimental population (NEP)? The nonessential ex perimental population (NEP) area for the sihek is Palmyra Atoll. Palmyra Atoll is located in the Northern Line Islands, approximately 1,000 miles (1,609 km) south of Honolulu, Hawaii (5° 53′N latitude, 162° 05′W longitude). The extent of the NEP area for sihek is the 250 ha (618 ac) of emergent land distrib uted among 25 islands, inclusive of the lagoons surrounding those islands. (2) What take of sihek is allowed in the NEP area? (i) Throughout the sihek NEP area, you will not be in violation of the Act if you take a sihek, provided such take is nonnegligent and inci dental to a lawful activity, such as habitat management, invasive species management, or scientific research and monitoring, and you report the take as soon as possible as provided under paragraph (a)(2)(iii) of this section. (ii) Any person with a valid permit issued by the Service under § 17.32 may take sihek in the NEP area, pursuant to the terms of the permit. Addition ally, any employee or authorized agent of the Service, Guam Division of Aquatic and Wildlife Resources, The Nature Conservancy, Zoological Soci ety of London, or Association of Zoos and Aquariums, who is designated and trained to capture, handle, band, at tach transmitters, and collect biologi cal samples, when acting in the course of official duties, may take a sihek within the NEP area if such action is necessary to: (A) Handle birds for scientific pur poses such as banding, measuring, and sample collection; (B) Relocate individuals or bring in dividuals into captivity for the pur poses of increasing sihek survival or fe cundity; VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 204 50 CFR Ch. I (10–1–23 Edition) § 17.84 (C) Aid a sick, injured, or orphaned sihek; (D) Salvage a dead specimen that may be useful for scientific study; (E) Dispose of a dead specimen; (F) Aid in law enforcement investiga tions involving the sihek; or (G) Take sihek into captivity in ac cordance with the exit strategy of the program (see paragraph (a)(5) of this section). (iii) Any take pursuant to paragraph (a)(2)(i) or (a)(2)(ii)(C) through (E) of this section must be reported as soon as possible to the Permits Coordinator, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3–122, Honolulu, Hawaii 96850 (808/792–9400), who will determine the disposition of any live or dead specimens. (3) What take of sihek is not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (a)(2) of this sec tion, all of the provisions of § 17.31(a) and (b) apply to the sihek in areas identified in paragraph (a)(1) of this section, and any manner of take of a member of the NEP not described under paragraph (a)(2) of this section is prohibited. (ii) You must not possess, sell, de liver, carry, transport, ship, import, or export, by any means whatsoever, any sihek or part thereof from the experi mental population taken in violation of the regulations in this paragraph (a) or in violation of applicable Territorial laws or regulations or the Act. (iii) It is unlawful for you to attempt to commit, solicit another to commit, or cause to be committed, any take of sihek, except as expressly allowed in paragraph (a)(2) of this section. (4) How will the effectiveness of this in troduction be monitored? The Service will evaluate the introduction on an annual basis. This evaluation will in clude, but will not be limited to, a re view and assessment of management issues, sihek movements, and post-re lease behavior; food resources and de pendence of sihek on supplemental food; fecundity of the population; causes and rates of mortality; program costs; impacts to the ex situ popu lation; and information gathered to in form releases on Guam or other sites. (5) When will this introduction end? De pending on the circumstances, the Service may either terminate the re lease program or temporarily pause the release program to address identified issues before resuming. When the Serv ice terminates the program, the Serv ice will address the disposition of any remaining individuals in the NEP, i.e., whether they will be relocated to cap tivity or to other suitable habitat or whether they would remain on Pal myra, based on the circumstances at the time of termination. (i) The Service will terminate the re lease program on Palmyra Atoll if monitoring indicates that: (A) The benefits from the Palmyra population (including developing and refining release and support strategies for eventual releases on Guam) no longer outweigh the risks to the spe cies or the welfare of the NEP or ex situ population; or (B) Unacceptable impacts on the eco system can be clearly causally linked to the introduction of sihek. (ii) The Service may also terminate the release program when one or more of the objectives of the program have been achieved (e.g., we have developed successful release and monitoring methodologies to apply to future re lease efforts or we have demonstrated that sihek can survive and reproduce in the wild without human intervention). (b) Colorado squawfish (Ptychocheilus lucius) and woundfin (Plagopterus argentissimus). (1) The Colorado squawfish and woundfin populations identified in paragraph (b)(6) of this section, are experimental, nonessential populations. (2) No person shall take the species, except in accordance with applicable State or Tribal fish and wildlife con servation laws and regulations in the following instances: (i) For educational purposes, sci entific purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other con servation purposes consistent with the Act; or (ii) Incidental to otherwise lawful ac tivities, provided that the individual fish taken, if still alive, is immediately returned to its habitat. (3) Any violation of applicable State or Tribal fish and wildlife conservation laws or regulations with respect to the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 205 U.S. Fish and Wildlife Serv., Interior § 17.84 taking of this species (other than inci dental taking as described in paragraph (b)(2)(ii) of this section) will also be a violation of the Endangered Species Act. (4) No person shall possess, sell, de liver, carry, transport, ship, import, or export, by any means whatsoever, any such species taken in violation of these regulations or in violation of applica ble State or Tribal fish and wildlife laws or regulations. (5) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to be committed, any offense defined in paragraphs (b) (2) through (4) of this section. (6) All of the sites for reintroduction of Colorado squawfish and woundfin are totally isolated from existing popu lations of these species. The nearest population of Colorado squawfish is above Lake Powell in the Green and Colorado Rivers, an upstream distance of at least 800 miles including 6 main stream dams, and 200 miles of dry riv erbed. Woundfin are similarly isolated (450 miles distant, 200 miles of dry streambed and 5 mainstream dams). All reintroduction sites are within the probable historic range of these species and are as follows: Colorado Squawfish (i) Arizona: Gila County. Salt River from Roosevelt Dam upstream to U.S Highway 60 bridge. (ii) Arizona: Gila and Yavapai Counties. Verde River from Horseshoe Dam upstream to Perkinsville. The lower segments of large streams which flow into these two sections of river may, from time to time, be inhabited by Colorado squawfish. Downstream movement of squawfish in these areas will be restricted by dams and upstream movement is limited by lack of suitable habitat. Woundfin (i) Arizona: Gila and Yavapai Counties. Verde River from backwaters of Horseshoe Reservoir upstream to Perkinsville. (ii) Arizona: Graham and Greenlee Counties. Gila River from backwaters of San Carlos Reservoir upstream to Arizona/New Mexico State line. (iii) Arizona: Greenlee County. San Fran cisco River from its junction with the Gila River upstream to the Arizona/New Mexico State line. (iv) Arizona: Gila County. Tonto Creek, from Punkin Center upstream to Gisela. (v) Arizona: Yavapai County. Hassayampa River, from Red Cliff upstream to Wagoner. The movement of woundfin beyond these areas will be limited to the lower portion of larger tributaries where suitable habitat ex ists. Downstream movement is limited by dams, reservoirs, and dry streambed. Up stream movement from these areas is re stricted due to the absence of habitat. Up stream areas are too cold and the gradient is too steep to support populations of woundfin. (7) The reintroduced populations will be checked annually to determine their condition. A seining survey will be used to determine population expan sion or contraction, reproduction suc cess, and general health condition of the fish. (c) Red wolf (Canis rufus). (1) The red wolf populations identified in para graphs (c)(9)(i) and (c)(9)(ii) of this sec tion are nonessential experimental populations. (2) No person may take this species, except as provided in paragraphs (c)(3) through (5) and (10) of this section. (3) Any person with a valid permit issued by the Service under § 17.32 may take red wolves for educational pur poses, scientific purposes, the enhance ment of propagation or survival of the species, zoological exhibition, and other conservation purposes consistent with the Act and in accordance with applicable State fish and wildlife con servation laws and regulations; (4)(i) Any person may take red wolves found on private land in the areas de fined in paragraphs (c)(9) (i) and (ii) of this section, Provided that such taking is not intentional or willful, or is in de fense of that person’s own life or the lives of others; and that such taking is reported within 24 hours to the refuge manager (for the red wolf population defined in paragraph (c)(9)(i) of this section), the Park superintendent (for the red wolf population defined in para graph (c)(9)(ii) of this section), or the State wildlife enforcement officer for investigation. (ii) Any person may take red wolves found on lands owned or managed by Federal, State, or local government agencies in the areas defined in para graphs (c)(9) (i) and (ii) of this section, Provided that such taking is incidental to lawful activities, is unavoidable, un intentional, and not exhibiting a lack of reasonable due care, or is in defense VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 206 50 CFR Ch. I (10–1–23 Edition) § 17.84 of that person’s own life or the lives of others, and that such taking is re ported within 24 hours to the refuge manager (for the red wolf population defined in paragraph (c)(9)(i) of this section), the Park superintendent (for the red wolf population defined in para graph (c)(9)(ii) of this section), or the State wildlife enforcement officer for investigation. (iii) Any private landowner, or any other individual having his or her per mission, may take red wolves found on his or her property in the areas defined in paragraphs (c)(9) (i) and (ii) of this section when the wolves are in the act of killing livestock or pets, Provided that freshly wounded or killed live stock or pets are evident and that all such taking shall be reported within 24 hours to the refuge manager (for the red wolf population defined in para graph (c)(9)(i) of this section), the Park superintendent (for the red wolf popu lation defined in paragraph (c)(9)(ii) of this section), or the State wildlife en forcement officer for investigation. (iv) Any private landowner, or any other individual having his or her per mission, may harass red wolves found on his or her property in the areas de fined in paragraphs (c)(9) (i) and (ii) of this section, Provided that all such har assment is by methods that are not le thal or physically injurious to the red wolf and is reported within 24 hours to the refuge manager (for the red wolf population defined in paragraph (c)(9)(i) of this section), the Park su perintendent (for the red wolf popu lation defined in paragraph (c)(9)(ii) of this section), or the State wildlife en forcement officer, as noted in para graph (c)(6) of this section for inves tigation. (v) Any private landowner may take red wolves found on his or her property in the areas defined in paragraphs (c)(9) (i) and (ii) of this section after efforts by project personnel to capture such animals have been abandoned, Provided that the Service project leader or biol ogist has approved such actions in writing and all such taking shall be re ported within 24 hours to the Service project leader or biologist, the refuge manager (for the red wolf population defined in paragraph (c)(9)(i) of this section), the Park superintendent (for the red wolf population defined in para graph (c)(9)(ii) of this section), or the State wildlife enforcement officer for investigation. (vi) The provisions of paragraphs (4) (i) through (v) of this section apply to red wolves found in areas outside the areas defined in paragraphs (c)(9) (i) and (ii) of this section, with the excep tion that reporting of taking or harass ment to the refuge manager, Park su perintendent, or State wildlife enforce ment officer, while encouraged, is not required. (5) Any employee or agent of the Service or State conservation agency who is designated for such purposes, when acting in the course of official duties, may take a red wolf if such ac tion is necessary to: (i) Aid a sick, injured, or orphaned specimen; (ii) Dispose of a dead specimen, or salvage a dead specimen which may be useful for scientific study; (iii) Take an animal that constitutes a demonstrable but non-immediate threat to human safety or that is re sponsible for depredations to lawfully present domestic animals or other per sonal property, if it has not been pos sible to otherwise eliminate such dep redation or loss of personal property, Provided That such taking must be done in a humane manner, and may in volve killing or injuring the animal only if it has not been possible to eliminate such threat by live capturing and releasing the specimen unharmed on the refuge or Park; (iv) Move an animal for genetic pur poses. (6) Any taking pursuant to para graphs (c) (3) through (5) of this section must be immediately reported to ei ther the Refuge Manager, Alligator River National Wildlife Refuge, Manteo, North Carolina, telephone 919/ 473–1131, or the Superintendent, Great Smoky Mountains National Park, Gat linburg, Tennessee, telephone 615/436– 1294. Either of these persons will deter mine disposition of any live or dead specimens. (7) No person shall possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any such species taken in violation of these VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 207 U.S. Fish and Wildlife Serv., Interior § 17.84 regulations or in violation of applica ble State fish and wildlife laws or regu lations or the Endangered Species Act. (8) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to be committed, any offense defined in paragraphs (c) (2) through (7) of this section. (9)(i) The Alligator River reintroduc tion site is within the historic range of the species in North Carolina, in Dare, Hyde, Tyrrell, and Washington Coun ties; because of its proximity and po tential conservation value, Beaufort County is also included in the experi mental population designation. (ii) The red wolf also historically oc curred on lands that now comprise the Great Smoky Mountains National Park. The Park encompasses properties within Haywood and Swain Counties in North Carolina, and Blount, Cocke, and Sevier Counties in Tennessee. Graham, Jackson, and Madison Counties in North Carolina, and Monroe County in Tennessee, are also included in the ex perimental designation because of the close proximity of these counties to the Park boundary. (iii) Except for the three island prop agation projects and these small re introduced populations, the red wolf is extirpated from the wild. Therefore, there are no other extant populations with which the refuge or Park experi mental populations could come into contact. (10) The reintroduced populations will be monitored closely for the dura tion of the project, generally using radio telemetry as appropriate. All ani mals released or captured will be vac cinated against diseases prevalent in canids prior to release. Any animal that is determined to be in need of spe cial care or that moves onto lands where the landowner requests their re moval will be recaptured, if possible, by Service and/or Park Service and/or designated State wildlife agency per sonnel and will be given appropriate care. Such animals will be released back into the wild as soon as possible, unless physical or behavioral problems make it necessary to return the ani mals to a captive-breeding facility. (11) The status of the Alligator River National Wildlife Refuge project will be reevaluated by October 1, 1992, to de termine future management status and needs. This review will take into ac count the reproductive success of the mated pairs, movement patterns of in dividual animals, food habits, and over all health of the population. The dura tion of the first phase of the Park project is estimated to be 10 to 12 months. After that period, an assess ment of the reintroduction potential of the Park for red wolves will be made. If a second phase of reintroduction is at tempted, the duration of that phase will be better defined during the assess ment. However, it is presently thought that a second phase would last for 3 years, after which time the red wolf would be treated as a resident species within the Park. Throughout these pe riods, the experimental and non essential designation of the animals will remain in effect. (d) Topeka shiner (Notropis topeka). (1) Where is the Topeka shiner des ignated as a nonessential experimental population (NEP)? (i) The NEP area for the Topeka shiner is within the spe cies’ historical range and includes those waters within the Missouri coun ties of Adair, Gentry, Harrison, Put nam, Sullivan, and Worth identified below in paragraph (d)(5) of this sec tion. (ii) The Topeka shiner is not known to currently exist in Adair, Gentry, Putnam, Sullivan, and Worth Counties in Missouri, or in those portions of Harrison County, Missouri, where the NEP is being designated. Based on its habitat requirements and potential predation by other fish predators, we do not expect this species to become established outside this NEP area, al though there is a remote chance it may. (iii) We will not change the NEP des ignations to ‘‘essential experimental,’’ ‘‘threatened,’’ or ‘‘endangered’’ within the NEP area without a public rule making. Additionally, we will not des ignate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (d)(3) of this sec tion, all the prohibitions of § 17.21 apply to the Topeka shiner NEP. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 208 50 CFR Ch. I (10–1–23 Edition) § 17.84 (ii) Any manner of take not described under paragraph (d)(3) of this section is prohibited in the NEP area. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means, Topeka shiners, or parts thereof, that are taken or pos sessed in violation of paragraph (d)(3) of this section or in violation of the ap plicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (d)(2)(iii) of this section. (3) What take is allowed in the NEP area? Take of this species that is inci dental to an otherwise legal activity, such as agriculture, forestry and wild life management, land development, recreation, and other activities, is al lowed provided that the activity is not in violation of any applicable State fish and wildlife laws or regulations. (4) How will the effectiveness of these reintroductions be monitored? We will monitor reintroduction efforts to as sess changes in distribution within each watershed by sampling ponds and streams where releases occur for 10 years after reintroduction. Streams will be sampled annually, and ponds will be sampled annually for the first 3 years and biennially thereafter. (5) Note: Map of the NEP areas [Big Muddy Creek (Gentry, Harrison, and Worth Counties), Little Creek (Har rison County), and Spring Creek (Adair, Putnam, and Sullivan Coun ties)] for the Topeka shiner, follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 209 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (6) Note: Map of the NEP area for the Topeka shiner in Little Creek water shed, Harrison County, follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 17 JY 13 .0 00 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 210 50 CFR Ch. I (10–1–23 Edition) § 17.84 (7) Note: Map of the NEP area for the Topeka shiner in Big Muddy Creek wa tershed, Gentry, Harrison, and Worth Counties, follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 17 JY 13 .0 01 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 211 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (8) Note: Map of the NEP area for the Topeka shiner in Spring Creek water shed, Adair, Putnam, and Sullivan Counties, follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 17 JY 13 .0 02 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 212 50 CFR Ch. I (10–1–23 Edition) § 17.84 (e) Yellowfin madtom (Noturus flavipinnis). (1) Where is the yellowfin madtom designated as a nonessential ex perimental population (NEP)? We have designated three populations of this species as NEPs: the North Fork Holston River Watershed NEP, the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 17 JY 13 .0 03 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 213 U.S. Fish and Wildlife Serv., Interior § 17.84 Tellico River NEP, and the French Broad River and Holston River NEP. (i) The North Fork Holston River Wa tershed NEP area is within the species’ historic range and is defined as follows: The North Fork Holston River water shed, Washington, Smyth, and Scott Counties, Virginia; South Fork Holston River watershed upstream to Ft. Pat rick Henry Dam, Sullivan County, Ten nessee; and the Holston River from the confluence of the North and South Forks downstream to the John Sevier Detention Lake Dam, Hawkins County, Tennessee. This site is totally isolated from existing populations of this spe cies by large Tennessee River tribu taries and reservoirs. As the species is not known to inhabit reservoirs and be cause individuals of the species are not likely to move 100 river miles through these large reservoirs, the possibility that this population could come in con tact with extant wild populations is unlikely. (ii) The Tellico River NEP area is within the species’ historic range and is defined as follows: The Tellico River, between the backwaters of the Tellico Reservoir (approximately Tellico River mile 19 (30.4 kilometers) and Tellico River mile 33 (52.8 kilometers), near the Tellico Ranger Station, Monroe County, Tennessee. This species is not currently known to exist in the Tellico River or its tributaries. Based on its habitat requirements, we do not expect this species to become established out side this NEP area. However, if individ uals of this population move upstream or downstream or into tributaries out side the designated NEP area, we would presume that they came from the re introduced population. We would then amend this regulation to enlarge the boundaries of the NEP area to include the entire range of the expanded popu lation. (iii) The French Broad River and Holston River NEP area is within the species’ historic range and is defined as follows: the French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, Ten nessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. This species is not known to exist in any of the tribu taries to the free-flowing reaches of the French Broad River below Douglas Dam, Knox and Sevier Counties, Ten nessee, or of the Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties, Tennessee. Based on its habitat requirements, we do not expect this species to become established outside this NEP area. However, if individuals of this popu lation move upstream or downstream or into tributaries outside the des ignated NEP area, we would presume that they came from the reintroduced population. We would then amend this regulation to enlarge the boundaries of the NEP area to include the entire range of the expanded population. (iv) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP areas. Addition ally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP areas? (i) Except as expressly allowed in paragraph (e)(3) of this sec tion, all the prohibitions of § 17.31(a) and (b) apply to the yellowfin madtom. (ii) Any manner of take not described under paragraph (e)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of this species to the appropriate authorities for pros ecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (e)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (e)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 214 50 CFR Ch. I (10–1–23 Edition) § 17.84 other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area for the yellowfin madtom in the Tellico River, Tennessee, appears immediately fol lowing paragraph (m)(5) of this section. (6) Note: Map of the NEP area for the yellowfin madtom in the French Broad River and Holston River, Tennessee, appears immediately following para graph (m)(7) of this section. (f) Guam rail (Gallirallus. (1) The Guam rail population identified in paragraph (f)(7) of this section is a non essential experimental population. (2) No person shall take this species, except: (i) In accordance with a valid permit issued by the Service under § 17.32 for educational purposes, scientific pur poses, the enhancement of propagation or survival of the species, zoological exhibition, and other conservation pur poses consistent with the Act; or (ii) As authorized by the laws and regulations of the Commonwealth of the Northern Mariana Islands, after the Service has made the determina tion that the experimental population has become well established and occu pies all suitable habitat island-wide. (3) Any employee of the Service, the Commonwealth of the Northern Mar iana Islands Division of Fish and Wild life, or the Guam Division of Aquatic and Wildlife Resources who is des ignated for such purposes, may, when acting in the course of official duties, take a Guam rail without a permit if such action is necessary to: (i) Aid a sick, injured, or orphaned specimen; (ii) Dispose of a dead specimen; (iii) Salvage a dead specimen that may be useful for scientific study; or (iv) Take an animal that is respon sible for depredations to personal prop erty if it has not been possible to oth erwise eliminate such depredations and/or loss of personal property, pro vided that such taking must be done in a humane manner and may involve in juring or killing the bird only if it has not been possible to eliminate depreda tions by live capturing and releasing the specimen unharmed in other suit able habitats. (4) Any violation of applicable com monwealth of the Northern Mariana Is lands fish and wildlife conservation laws or regulations with respect to the taking of this species (other than tak ing as described in paragraph (f)(2)(ii) of this section) will also be a violation of the Endangered Species Act. (5) No person shall possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any such species taken in violation of these regulations or in violation of applica ble Commonwealth of the Northern Mariana Islands fish and wildlife laws or regulations or the Endangered Spe cies Act. (6) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to be committed, any offense defined in paragraphs (f) (2) through (5) of this section. (7) The sites for introduction of Guam rails on Rota, Commonwealth of the Northern Mariana Islands, are on an island separated from Guam by 50 kilometers of ocean. The last known observation of an individual of this spe cies occurred near the northern tip of Guam, which is closest to the island of Rota. No intermingling of these popu lations will occur since this species has been extirpated in the wild on Guam. The Rota release sites are of necessity outside the historic range of the Guam rail, as described in this regulation, be cause its primary range has been un suitably and irreversibly destroyed by the brown tree snake. (8) The nonessential experimental population on Rota will be checked pe riodically by staff of the Common wealth of the Northern Mariana Islands Division of Fish and Wildlife and co operating staff from the University of Tennessee to determine dispersal pat terns, mortality, and reproductive suc cess. The overall success of the releases and general health of the population will also be assessed. (g) Black-footed ferret (Mustela nigripes). (1) The black-footed ferret populations identified in paragraphs VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 215 U.S. Fish and Wildlife Serv., Interior § 17.84 (g)(9)(i) through (viii) of this section are nonessential experimental popu lations. We will manage each of these populations, and each reintroduction site within the Wyoming Experimental Population Area, in accordance with their respective management plans. (2) No person may take this species in the wild in the experimental popu lation area, except as provided in para graphs (g)(3), (4), (5), and (10) of this section. (3) Any person with a valid permit issued by the U.S. Fish and Wildlife Service (Service) under section 17.32 may take black-footed ferrets in the wild in the experimental population areas. (4) Any employee or agent of the Service or appropriate State wildlife agency designated for such purposes, acting in the course of official duties, may take a black-footed ferret in the wild in the experimental population areas if such action is necessary: (i) For scientific purposes; (ii) To relocate a ferret to avoid con flict with human activities; (iii) To relocate a ferret that has moved outside the Little Snake Black footed Ferret Management Area/Coyote Basin Primary Management Zone or the Rosebud Sioux Reservation Experi mental Population Area when that re location is necessary to protect the fer ret or is requested by an affected land owner or land manager, or whose re moval is requested pursuant to para graph (g)(12) of this section. (iv) To relocate ferrets within the ex perimental population area to improve ferret survival and recovery prospects; (v) To relocate ferrets from the ex perimental population areas into other ferret reintroduction areas or cap tivity; (vi) To aid a sick, injured, or or phaned animal; or (vii) To salvage a dead specimen for scientific purposes. (5) A person may take a ferret in the wild within the experimental popu lation areas, provided such take is inci dental to and not the purpose of, the carrying out of an otherwise lawful ac tivity and if such ferret injury or mor tality was unavoidable, unintentional, and did not result from negligent con duct. Such conduct is not considered intentional or ‘‘knowing take’’ for the purposes of this regulation, and the Service will not take legal action for such conduct. However, we will refer cases of knowing take to the appro priate authorities for prosecution. (6) You must report any taking pur suant to paragraphs (g)(3), (4)(vi) and (vii), and (5) of this section to the ap propriate Service Field Supervisor, who will determine the disposition of any live or dead specimens. (i) Report such taking in Wyoming, including the Shirley Basin/Medicine Bow experimental population area, to the Field Supervisor, Ecological Serv ices, Fish and Wildlife Service, Chey enne, Wyoming (telephone: 307/772– 2374). (ii) Report such taking in the Conata Basin/Badlands experimental popu lation area to the Field Supervisor, Ec ological Services, Fish and Wildlife Service, Pierre, South Dakota (tele phone: 605/224–8693). (iii) Report such taking in the northcentral Montana experimental population area to the Field Super visor, Ecological Services, Fish and Wildlife Service, Helena, Montana (telephone: 406/449–5225). (iv) Report such taking in the Aubrey Valley experimental population area to the Field Supervisor, Ecological Serv ices, Fish and Wildlife Service, Phoe nix, Arizona (telephone: 602/640–2720). (v) Report such taking in the north western Colorado/northeastern Utah experimental population area to the appropriate Field Supervisor, Ecologi cal Services, U.S. Fish and Wildlife Service, Lakewood, Colorado (tele phone: 303/275–2370), or Salt Lake City, Utah (telephone: 801/524–5001). (vi) Report such taking in the Chey enne River Sioux Tribe Experimental Population Area to the Field Super visor, Ecological Services, U.S. Fish and Wildlife Service, Pierre, South Da kota (telephone 605/224–8693). (vii) Report such taking in the Rose bud Sioux Reservation Experimental Population Area to the Field Super visor, Ecological Services, U.S. Fish and Wildlife Service, Pierre, South Da kota (telephone 605/224–8693). (7) No person shall possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 216 50 CFR Ch. I (10–1–23 Edition) § 17.84 ferret or part thereof from the experi mental populations taken in violation of these regulations or in violation of applicable State fish and wildlife laws or regulations or the Endangered Spe cies Act. (8) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to commit, any of fense defined in paragraphs (g)(2) and (7) of this section. (9) The sites for reintroduction of black-footed ferrets are within the his torical range of the species. (i) We consider the Shirley Basin/ Medicine Bow Management Area on the attached map of Wyoming to be the core recovery area for this species in southeastern Wyoming. The boundaries of the nonessential experimental popu lation are that part of Wyoming south and east of the North Platte River within Natrona, Carbon, and Albany Counties (see Wyoming map). All marked ferrets found in the wild within these boundaries prior to the first breeding season following the first year of releases constituted the nonessential experimental population during this period. All ferrets found in the wild within these boundaries during and after the first breeding season fol lowing the first year of releases com prise the nonessential experimental population, thereafter. (ii) We consider the Conata Basin/ Badlands Reintroduction Area on the attached map for South Dakota to be the core recovery area for this species in southwestern South Dakota. The boundaries of the nonessential experi mental population area occur north of State Highway 44 and BIA Highway 2 east of the Cheyenne River and BIA Highway 41, south of I–90, and west of State Highway 73 within Pennington, Shannon, and Jackson Counties, South Dakota. Any black-footed ferret found in the wild within these boundaries is part of the nonessential experimental population after the first breeding sea son following the first year of releases of black-footed ferret in the Reintro duction Area. A black-footed ferret oc curring outside the experimental popu lation area in South Dakota is consid ered as endangered but may be cap tured for genetic testing. We will dis pose of the captured animal in one of the following ways if necessary: (A) We may return an animal geneti cally related to the experimental popu lation to the Reintroduction Area or to a captive facility. (B) Under an existing contingency plan, we will use up to nine black-foot ed ferrets genetically unrelated to the experimental population in the cap tive-breeding program. If a landowner outside the experimental population area wishes to retain black-footed fer rets on his property, we will develop a conservation agreement or easement with the landowner. (iii) We consider the Northcentral Montana Reintroduction Area shown on the attached map for Montana to be the core recovery area for this species in northcentral Montana. The bound aries of the nonessential experimental population are those parts of Phillips and Blaine Counties, Montana, de scribed as the area bounded on the north beginning at the northwest cor ner of the Fort Belknap Indian Res ervation on the Milk River; east fol lowing the Milk River to the east Phil lips County line; then south along said line to the Missouri River; then west along the Missouri River to the west boundary of Phillips County; then north along said county line to the west boundary of Fort Belknap Indian Reservation; then further north along said boundary to the point of origin at the Milk River. All marked ferrets found in the wild within these bound aries prior to the first breeding season following the first year of releases con stituted the nonessential experimental population during this period. All fer rets found in the wild within these boundaries during and after the first breeding season following the first year of releases comprise the nonessential experimental population thereafter. A black-footed ferret occurring outside the experimental area in Montana is initially considered as endangered but may be captured for genetic testing. We will dispose of the captured animal in one of the following ways if nec essary: (A) We may return an animal geneti cally related to the experimental popu lation to the reintroduction area or to a captive facility. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 217 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (B) Under an existing contingency plan, we will use up to nine black-foot ed ferrets genetically unrelated to the experimental population in the cap tive-breeding program. If a landowner outside the experimental population area wishes to retain black-footed fer rets on his property, we will develop a conservation agreement or easement with the landowner. (iv) We consider the Aubrey Valley Experimental Population Area shown on the attached map for Arizona to be the core recovery area for this species in northwestern Arizona. The boundary of the nonessential experimental popu lation area is those parts of Coconino, Mohave, and Yavapai Counties that in clude the Aubrey Valley west of the Aubrey Cliffs, starting from Chino Point, north along the crest of the Au brey cliffs to the Supai Road (State Route 18), southwest along the Supai Road to Township 26 North, then west to Range 11 West, then south to the Hualapai Indian Reservation boundary, then east and northeast along the Hualapai Indian Reservation boundary to U.S. Highway Route 66; then south east along Route 66 for approximately 6 km (2.3 miles) to a point intercepting the east boundary of section 27, Town ship 25 North, Range 9 West; then south along a line to where the Atchison-To peka Railroad enters Yampa Divide Canyon; then southeast along the Atchison-Topeka Railroad alignment to the intersection of the Range 9 West/ Range 8 West boundary; then south to the SE corner of section 12, Township 24 North, Range 9 West; then southeast to SE corner section 20, Township 24 West, Range 8 West; then south to the SE corner section 29, Township 24 North, Range 8 West; then southeast to the half section point on the east boundary line of section 33, Township 24 North, Range 8 West; then northeast to the SE corner of section 27, Town ship 24 North, Range 8 West; then southeast to the SE corner Section 35, Township 24 North, Range 8 West; then southeast to the half section point on the east boundary line of section 12, Township 23 North, Range 8 West; then southeast to the SE corner of section 8, Township 23 North, Range 7 West; then southeast to the SE corner of section 16, Township 23 North, Range 7 West; then east to the half section point of the north boundary line of section 14, Township 23 North, Range 7 West; then south to the half section point on the north boundary line of section 26, Township 23 North, Range 7 West; then east along section line to route 66; then southeast along route 66 to the point of origin at Chino Point. Any black-foot ed ferrets found in the wild within these boundaries is part of the non essential experimental population after the first breeding season following the first year of releases of ferrets into the reintroduction area. A black-footed ferret occurring outside the experi mental area in Arizona is initially con sidered as endangered but may be cap tured for genetic testing. We will dis pose of the captured animal in one of the following ways if necessary: (A) We may return an animal geneti cally related to the experimental popu lation to the reintroduction area or to a captive facility. If a landowner out side the experimental population area wishes to retain black-footed ferrets on his property, we will develop a con servation agreement or easement with the landowner. (B) Under an existing contingency plan, we will use up to nine black-foot ed ferrets genetically unrelated to the experimental population in the cap tive-breeding program. If a landowner outside the experimental population area wishes to retain black-footed fer rets on his property, we will develop a conservation agreement or easement with the landowner. (v) We consider the Little Snake Black-footed Ferret Management Area in Colorado and the Coyote Basin Black-footed Ferret Primary Manage ment Zone in Utah as the initial recov ery sites for this species within the Northwestern Colorado/Northeastern Utah Experimental Population Area (see Colorado/Utah map). The bound aries of the nonessential Experimental Population Area will be all of Moffat and Rio Blanco Counties in Colorado west of Colorado State Highway 13; all of Uintah and Duchesne Counties in Utah; and in Sweetwater County, Wyo ming, the line between Range 96 and 97 West (eastern edge), Range 102 and 103 West (western edge), and Township 14 and 15 North (northern edge). All VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 218 50 CFR Ch. I (10–1–23 Edition) § 17.84 marked ferrets found in the wild within these boundaries prior to the first breeding season following the first year of release will constitute the non essential experimental population dur ing this period. All ferrets found in the wild within these boundaries during and after the first breeding season fol lowing the first year of releases of fer rets into the reintroduction area will comprise the nonessential experi mental population thereafter. A black footed ferret occurring outside the Ex perimental Population Area is initially considered as endangered but may be captured for genetic testing. We will dispose of the captured animal in one of the following ways if necessary: (A) We may return an animal geneti cally related to the experimental popu lation to the Reintroduction Area or to a captive facility. (B) Under an existing contingency plan, we will use up to nine black-foot ed ferrets genetically unrelated to the experimental population in the cap tive-breeding program. If a landowner outside the experimental population area wishes to retain black-footed fer rets on his property, we will develop a conservation agreement or easement with the landowner. (vi) The Cheyenne River Sioux Tribe Reintroduction Area is shown on the map of north-central South Dakota at the end of paragraph (g) of this section. The boundaries of the nonessential ex perimental population area are the ex terior boundaries of the Cheyenne River Sioux Reservation which in cludes all of Dewey and Ziebach Coun ties, South Dakota. Any black-footed ferret found in the wild within these counties will be considered part of the nonessential experimental population after the first breeding season fol lowing the first year of black-footed ferret release. A black-footed ferret oc curring outside the Experimental Pop ulation Area in north-central South Dakota would initially be considered as endangered but may be captured for ge netic testing. When a ferret is found outside the Experimental Population Area, the following may occur: (A) If an animal is genetically deter mined to have originated from the ex perimental population, we may return it to the reintroduction area or to a captive-breeding facility. (B) If an animal is determined to be genetically unrelated to the experi mental population, we will place it in captivity under an existing contin gency plan. Up to nine black-footed ferrets may be taken for use in the cap tive-breeding program. (vii) The Rosebud Sioux Reservation Experimental Population Area is shown on the map of south-central South Dakota at the end of paragraph (g) of this section. The boundaries of the nonessential experimental popu lation area include all of Gregory, Mellette, Todd, and Tripp Counties in South Dakota. Any black-footed ferret found within these four counties will be considered part of the nonessential experimental population after the first breeding season following the first year of black-footed ferret release. A black footed ferret occurring outside the non essential experimental population area in south-central South Dakota will ini tially be considered as endangered but may be captured for genetic testing. If necessary, disposition of the captured animal may occur in the following ways: (A) If an animal is genetically deter mined to have originated from the ex perimental population, we may return it to the reintroduction area or to a captive-breeding facility. (B) If an animal is determined to be genetically unrelated to the experi mental population, we will place it in captivity under an existing contin gency plan. Up to nine black-footed ferrets may be taken for use in the cap tive-breeding program. (viii) The Wyoming Experimental Population Area encompasses most of the State of Wyoming. The boundaries of the nonessential experimental popu lation include all areas in the State of Wyoming outside of the Shirley Basin/ Medicine Bow Management Area (see paragraph (g)(9)(i) of this section) and the small portion of Wyoming included as part of the Northwestern Colorado/ Northeastern Utah Experimental Popu lation Area (see paragraph (g)(9)(v) of this section). Collectively, however, these three 10(j) areas cover the entire State of Wyoming. Any black-footed ferret found within the Wyoming NEP VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 219 U.S. Fish and Wildlife Serv., Interior § 17.84 Experimental Population Area will be considered part of a nonessential exper imental population. A black-footed fer ret that disperses beyond the bound aries of the nonessential experimental population area takes on the status of that area (endangered, unless within another nonessential experimental population area). Such animals may be captured for genetic testing and reloca tion. If necessary, disposition of the captured animal may occur in the fol lowing ways: (A) If an animal is genetically deter mined to have originated from the ex perimental population, we may return it to the reintroduction area or to a captive-breeding facility. (B) If an animal is determined to be genetically unrelated to the experi mental population, we will place it in captivity under an existing contin gency plan. (10) Monitoring the reintroduced pop ulations will occur continually during the life of the project, including the use of radio telemetry and other re mote sensing devices, as appropriate. Vaccination of all released animals will occur prior to release, as appro priate, to prevent diseases prevalent in mustelids. Any animal that is sick, in jured, or otherwise in need of special care may be captured by authorized personnel of the Service or appropriate State wildlife agency or their agents and given appropriate care. Such an animal may be released back to its ap propriate reintroduction area or an other authorized site as soon as pos sible, unless physical or behavioral problems make it necessary to return the animal to captivity. (11) We will reevaluate the status of the experimental population within the first five years after the first year of release of black-footed ferrets to deter mine future management needs. This review will take into account the re productive success and movement pat terns of the individuals released into the area, as well as the overall health of the experimental population and the prairie dog ecosystem in the above de scribed areas. We will propose reclassi fication of the black-footed ferret when we meet the appropriate recovery ob jectives for the species. (12) We will not include a reevalua tion of the ‘‘nonessential experi mental’’ designation for these popu lations during our review of the initial five year reintroduction program. We do not foresee any likely situation jus tifying alteration of the nonessential experimental status of these popu lations. Should any such alteration prove necessary and it results in a sub stantial modification to black-footed ferret management on non-Federal lands, any private landowner who con sented to the introduction of black footed ferrets on their lands may re scind their consent, and at their re quest, we will relocate the ferrets pur suant to paragraph (g)(4)(iii) of this section. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 220 50 CFR Ch. I (10–1–23 Edition) § 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00230 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E C 01 JN 91 .0 03 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 221 U.S. Fish and Wildlife Serv., Interior ยง 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00231 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E C 01 JN 91 .0 04 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 222 50 CFR Ch. I (10–1–23 Edition) § 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00232 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E C 01 JN 91 .0 05 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 223 U.S. Fish and Wildlife Serv., Interior ยง 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00233 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E C 01 JN 91 .0 06 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 224 50 CFR Ch. I (10–1–23 Edition) § 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00234 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 01 O C 98 .0 95 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 225 U.S. Fish and Wildlife Serv., Interior ยง 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00235 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 13 O C 00 .0 06 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 226 50 CFR Ch. I (10–1–23 Edition) § 17.84 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00236 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 16 M Y 03 .0 21 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 227 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (h) Whooping crane (Grus americana). (1) The whooping crane populations identified in paragraphs (h)(9)(i) through (iv) of this section are non essential experimental populations (NEPs) as defined in ยง 17.80. (i) The only natural extant popu lation of whooping cranes, known as the Aransas/Wood Buffalo National Park population, occurs well west of the Mississippi River. This population nests in the Northwest Territories and VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 30 O C 15 .0 16 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 228 50 CFR Ch. I (10–1–23 Edition) § 17.84 adjacent areas of Alberta, Canada, pri marily within the boundaries of the Wood Buffalo National Park, and win ters along the Central Texas Gulf of Mexico coast at Aransas National Wild life Refuge. (ii) No natural populations of whoop ing cranes are likely to come into con tact with the NEPs set forth in para graphs (h)(9)(i) through (iv) of this sec tion. Whooping cranes adhere to ances tral breeding grounds, leaving little possibility that individuals from the extant Aransas/Wood Buffalo National Park population will stray into the NEPs. Studies of whooping cranes have shown that migration is a learned rath er than an innate behavior. (2) No person may take this species in the wild in the experimental popu lation areas, except when such take is accidental and incidental to an other wise lawful activity, or as provided in paragraphs (h)(3) and (4) of this section. Examples of otherwise lawful activities include, but are not limited to, oil and gas exploration and extraction, aquacultural practices, agricultural practices, pesticide application, water management, construction, recreation, trapping, or hunting, when such activi ties are in full compliance with all ap plicable laws and regulations. (3) Any person with a valid permit issued by the Fish and Wildlife Service (Service) under § 17.32 may take whoop ing cranes in the wild in the experi mental population areas for edu cational purposes, scientific purposes, the enhancement of propagation or sur vival of the species, and other con servation purposes consistent with the ESA and in accordance with applicable State fish and wildlife conservation laws and regulations. (4) Any employee or agent of the Service or State wildlife agency who is designated for such purposes, when act ing in the course of official duties, may take a whooping crane in the wild in the experimental population areas if such action is necessary to: (i) Relocate a whooping crane to avoid conflict with human activities; (ii) Relocate a whooping crane that has moved outside any of the areas identified in paragraphs (h)(9)(i) through (iv) of this section, when re moval is necessary or requested and is authorized by a valid permit under § 17.22; (iii) Relocate whooping cranes within the experimental population areas to improve survival and recovery pros pects; (iv) Relocate whooping cranes from the experimental population areas into captivity; (v) Aid a sick, injured, or orphaned whooping crane; or (vi) Dispose of a dead specimen or salvage a dead specimen that may be useful for scientific study. (5) Any taking pursuant to para graphs (h)(3) and (4) of this section must be immediately reported to the National Whooping Crane Coordinator, U.S. Fish and Wildlife Service, P.O. Box 100, Austwell, TX 77950 (Phone: 361– 286–3559), who, in conjunction with his counterpart in the Canadian Wildlife Service, will determine the disposition of any live or dead specimens. (6) No person shall possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any such species from the experimental populations taken in violation of these regulations or in violation of applica ble State fish and wildlife laws or regu lations or the Endangered Species Act. (7) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraphs (h)(2) through (6) of this section. (8) The Service will not mandate any closure of areas, including National Wildlife Refuges, during hunting or conservation order seasons, or closure or modification of hunting or conserva tion order seasons, in the following sit uations: (i) For the purpose of avoiding take of whooping cranes in the NEPs identi fied in paragraphs (h)(9)(i) through (iv) of this section; (ii) If a clearly marked whooping crane from the NEPs identified in para graphs (h)(9)(i) through (iv) of this sec tion wanders outside the designated NEP areas. In this situation, the Serv ice will attempt to capture the stray bird and return it to the appropriate area if removal is requested by the State. (9) All whooping cranes found in the wild within the boundaries listed in VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 229 U.S. Fish and Wildlife Serv., Interior ยง 17.84 paragraphs (h)(9)(i) through (iv) of this section will be considered nonessential experimental animals. Geographic areas the nonessential experimental populations may inhabit are within the historic range of the whooping crane in the United States and include the fol lowing: (i) The entire State of Florida (the Kissimmee Prairie NEP). The reintro duction site is the Kissimmee Prairie portions of Polk, Osceola, Highlands, and Okeechobee Counties. The experi mental population released at Kis simmee Prairie is expected to remain mostly within the prairie region of cen tral Florida. (ii) The States of Colorado, Idaho, New Mexico, and Utah, and the western half of the State of Wyoming (the Rocky Mountain NEP). (iii) That portion of the eastern con tiguous United States that includes the States of Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Ken tucky, Louisiana, Michigan, Min nesota, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Ten nessee, Virginia, West Virginia, and Wisconsin (the Eastern Migratory NEP). Whooping cranes within this population are expected to occur most ly within the States of Wisconsin, Illi nois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The additional States included within the experi mental population area are those ex pected to receive occasional use by the cranes, or which may be used as breed ing or wintering areas in the event of future population expansion. (iv) The entire State of Louisiana (the Louisiana Nonmigratory NEP). The reintroduction site is the White Lake Wetlands Conservation Area of southwestern Louisiana in Vermilion Parish. Current information indicates that White Lake is the historic loca tion of a resident nonmigratory popu lation of whooping cranes that bred and reared young in Louisiana. Whoop ing cranes within this nonmigratory population are expected to occur most ly within the White Lake Wetlands Conservation Area and the nearby wet lands in Vermilion Parish. The marshes and wetlands of southwestern Louisiana are expected to receive occa sional use by the cranes and may be used in the event of future population expansion. (v) A map of all NEP areas in the United States for whooping cranes fol lows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 230 50 CFR Ch. I (10–1–23 Edition) § 17.84 (10) The reintroduced populations will be monitored during the duration of the projects by the use of radio te lemetry and other appropriate meas ures. Any animal that is determined to be sick, injured, or otherwise in need of special care will be recaptured to the extent possible by Service and/or State wildlife personnel or their designated agent and given appropriate care. Such animals will be released back to the wild as soon as possible, unless phys ical or behavioral problems make it necessary to return them to a captive breeding facility. (11) The Service will reevaluate the status of the experimental populations periodically to determine future man agement needs. This review will take into account the reproductive success and movement patterns of the individ uals released within the experimental population areas. (i) California condor (Gymnogyps californianus). (1) Where is the California condor designated as a nonessential ex perimental population (NEP)? The NEP area for the California condor is within the species’ historical range in north ern California, northwestern Nevada, and Oregon. (i) The western boundary of the NEP is the Submerged Lands Act boundary line along the Pacific coast. The south ern boundary of the NEP is formed by: An east-west line from California’s Submerged Lands Act boundary to Hare Creek; Hare Creek from the Pa cific Ocean to its junction with Cali fornia State Route 1; north to the junc tion of State Route 1 and State Route 20; east along California State Route 20 to where it meets Interstate 80; and Interstate 80 from its intersection with California State Route 20 to U.S. Route 95 in Nevada. The eastern boundary of the NEP is U.S. Route 95 in Nevada to the State boundary of Oregon and then east and north along Oregon’s southern and eastern boundaries, respectively. The northern boundary of the NEP is the State boundary between Oregon and Washington. All highway bound aries are inclusive of the entire high way right of way. (ii) Map follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 03 F E 11 .0 00 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 231 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (iii) We are designating the experi mental population area to accommo date the potential future movements of a wild population of California condors. The released population is expected to remain in the experimental area for the foreseeable future (approximately VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 24 M R 21 .0 03 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 232 50 CFR Ch. I (10–1–23 Edition) § 17.84 20 years) due to the geographic extent of the designation. (iv) We do not intend to change the status of this nonessential population unless: (A) The California condor is recov ered and subsequently removed from the list in § 17.11(h) in accordance with the Act; or (B) The reintroduction is not success ful and the regulations in this para graph (i) are revoked. (v) Legal actions or other cir cumstances may compel a change in this nonessential experimental popu lation’s legal status to essential, threatened, or endangered, or compel the Service to designate critical habi tat for the California condors within the experimental population area de fined in this rule. If this happens, all California condors will be removed from the area and this experimental population rule will be withdrawn, un less the participating parties in the re introduction effort agree that the con dors should remain in the wild. Changes in the legal status and/or re moval of this population of California condors will be made in compliance with any applicable Federal rule making and other procedures. (vi) We will not designate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What take of the California condor is allowed in the NEP area? (i) Through out the California condor NEP, you will not be in violation of the Act if you unavoidably and unintentionally take a California condor (except as noted in paragraph (i)(3)(ii) of this sec tion), provided such take is non-neg ligent, incidental to a lawful activity (i.e., not done on purpose), and you re port the take as soon as possible as provided under paragraph (i)(2)(iii) of this section. The phrase ‘‘unavoidably and unintentionally’’ means take that occurs despite the exertion of reason able care to avoid take. Examples of activities that will not violate the take prohibitions of this section include, but are not limited to: Legal hunting of species other than condors; rec reational shooting; ranching; farming; existing authorized uses of private and public lands; driving; recreational ac tivities; and administrative and emer gency functions carried out by local, State, or Federal government agencies. (ii) Any person with a valid permit issued by the Service under § 17.32 may take California condors in the wild in the experimental population area, pur suant to the terms of the permit. Addi tionally, any employee or agent of the Service, National Park Service, Yurok Tribe Natural Resource Division, Cali fornia Department of Parks and Recre ation, California Department of Fish and Wildlife, Nevada Department of Wildlife, or Oregon Department of Fish and Wildlife who is designated and trained for such purposes, when acting in the course of official duties, may take a California condor within the NEP area if such action is necessary: (A) For scientific purposes; (B) To relocate or haze California condors within the experimental popu lation area to improve California con dor survival or recovery; (C) To relocate California condors that have moved outside the experi mental population area; (D) To transport California condors to and from veterinary facilities or captive-breeding facilities; (E) To address conflicts with ongoing or proposed activities in an attempt to improve California condor survival; (F) To aid a sick, injured, or or phaned California condor; (G) To salvage a dead specimen that may be useful for scientific study; (H) To dispose of a dead specimen; or (I) To aid in law enforcement inves tigations involving the California con dor. (iii) Any take pursuant to paragraphs (i)(2)(i), (i)(2)(ii)(F), (i)(2)(ii)(G), or (i)(2)(ii)(H) of this section must be re ported as soon as possible to the Cali fornia Condor Field Coordinator, Cali fornia Condor Recovery Office, 2493 Portola Road, Suite A, Ventura, Cali fornia 93003, (805/644–5185), who will de termine the disposition of any live or dead specimens. (3) What take of the California condor is not allowed in the NEP area? For the purposes of this rule, an occupied Cali fornia condor nest is defined as a nest that is attended by a breeding pair of condors, occupied by a condor egg, or occupied or attended by a condor less than 1 year of age. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 233 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (i) Except as expressly allowed in paragraph (i)(2) of this section, all of the provisions of ยง 17.31(a) and (b) apply to the California condor in areas iden tified in paragraph (i)(1) of this section, and any manner of take not described under paragraph (i)(2) of this section is prohibited in the NEP. (ii) Habitat alteration (e.g., removing trees, erecting structures, altering the nest structure or perches near the nest) within 656 ft (200 m) of an occupied nest is prohibited, except for emergency fuels treatment activities by Federal, State, Tribal, or local government agencies to reduce the risk of cata strophic wildfire or during responses to wildfire or other emergencies. (iii) Significant visual or noise dis turbance (e.g., tree felling, chainsaws, helicopter overflights, concrete cut ters, fireworks, explosives) within 656 ft (200 m) of an occupied nest is prohib ited, except for emergency fuels treat ment activities by Federal, State, Tribal, or local government agencies to reduce the risk of catastrophic wildfire or during responses to wildfire or other emergencies. Activities such as ranch ing and use of existing roads and trails would not be considered a significant visual or noise disturbance. (iv) You must not possess, sell, de liver, carry, transport, ship, import, or export, by any means whatsoever, any California condor or part thereof from the experimental population taken in violation of this paragraph (i) or in vio lation of applicable tribal or State laws or regulations or the Act. (v) It is unlawful for you to attempt to commit, solicit another to commit, or cause to be committed, any take of the California condor, except as ex pressly allowed in paragraph (i)(2) of this section. (4) How will the effectiveness of this re introduction be monitored? The status of the reintroduction project will receive an informal review on an annual basis, and we will evaluate the reintroduction program to determine whether to con tinue or terminate reintroductions every 5 years as part of our 5-year sta tus review for the species. (i) This evaluation will include, but will not be limited to: A review of man agement issues; California condor movements and post-release behavior; assessment of food resources and de pendence of California condors on sup plemental food; fecundity of the popu lation; causes and rates of mortality; project costs; public acceptance; and progress toward establishing a self-sus taining population. (ii) If a formal evaluation indicates the project is experiencing a 40 percent or greater mortality rate over multiple years or released California condors are not finding food on their own, seri ous consideration will be given to ter minating the project. (j) California condor (Gymnogyps californianus). (1) The California condor (Gymnogyps californianus) population identified in paragraph (j)(8) of this section is a nonessential experimental population, and the release of such pop ulation will further the conservation of the species. (2) You must not take any California condor in the wild in the experimental population area except as provided by this rule: (i) Throughout the entire California condor experimental population area, you will not be in violation of the En dangered Species Act (Act) if you un avoidably and unintentionally take (in cluding killing or injuring) a California condor, provided such take is non-neg ligent and incidental to a lawful activ ity, such as hunting, driving, or rec reational activities, and you report the take as soon as possible as provided under paragraph 5 below. (ii) [Reserved] (3) If you have a valid permit issued by the Service under ยง 17.32, you may take California condors in the wild in the experimental population area, pur suant to the terms of the permit. (4) Any employee or agent of the Fish and Wildlife Service (Service), Bureau of Land Management or appropriate State wildlife agency, who is des ignated for such purposes, when acting in the course of official duties, may take a California condor from the wild in the experimental population area and vicinity if such action is necessary: (i) For scientific purposes; (ii) To relocate California condors within the experimental population area to improve condor survival, and to VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 234 50 CFR Ch. I (10–1–23 Edition) § 17.84 address conflicts with ongoing or pro posed activities, or with private land owners, when removal is necessary to protect the condor, or is requested by an adversely affected landowner or land manager, or other adversely af fected party. Adverse effects and re quests for condor relocation will be documented, reported and resolved in as an expedient manner as appropriate to the specific situation to protect con dors and avoid conflicts. Prior to any efforts to relocate condors, the Service will obtain permission from the appro priate landowner(s); (iii) To relocate California condors that have moved outside the experi mental population area, by returning the condor to the experimental popu lation area or moving it to a captive breeding facility. All captures and relo cations from outside the experimental population area will be coordinated with Service Cooperators, and con ducted with the permission of the land owner(s) or appropriate land manage ment agency(s). (iv) To aid a sick, injured, or or phaned California condor; (v) To salvage a dead specimen that may be useful for scientific study; or (vi) To dispose of a dead specimen. (5) Any taking pursuant to para graphs (j)(2), (j)(4)(iv), (j)(4)(v), and (j)(4)(vi), of this section must be re ported as soon as possible to the Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services, Arizona Field Office, Phoenix, 2321 W. Royal Palm Road, Suite 103, Arizona (tele phone 602/640–2720) who will determine the disposition of any live or dead specimens. (6) You must not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any California condor or part thereof from the experimental population taken in violation of this paragraph (j) or in vio lation of applicable State or Tribal laws or regulations or the Act. (7) It is unlawful for you to attempt to commit, solicit another to commit, or cause to be committed, any offense defined in paragraphs (j)(2) and (j)(6) of this section. (8) The designated experimental pop ulation area of the California condor includes portions of three states—Ari zona, Nevada, and Utah. The southern boundary is Interstate Highway 40 in Arizona from its junction with High way 191 west across Arizona to King man; the western boundary starts at Kingman, goes northwest on Highway 93 to Interstate Highway 15, continues northeasterly on Interstate Highway 15 in Nevada and Utah, to Interstate Highway 70 in Utah; where the north ern boundary starts and goes across Utah to Highway 191; where the eastern boundary starts and goes south through Utah until Highway 191 meets Interstate Highway 40 in Arizona (See map at end of this paragraph (j)). (i) All California condors released into the experimental population area, and their offspring, are to be marked and visually identifiable by colored and coded patagial wing markers. (ii) The Service has designated the experimental population area to ac commodate the potential future move ments of a wild population of condors. All released condors and their progeny are expected to remain in the experi mental area due to the geographic ex tent of the designation. (9) The nonessential experimental population area includes the entire highway rights-of-way of the highways in paragraph (j)(8) of this section that constitute the perimeter boundary. All California condors found in the wild within these boundaries will comprise the experimental population. (i) The experimental population is to be monitored during the reintroduction project. All California condors are to be given physical examinations before being released. (ii) If there is any evidence that the condor is in poor health or diseased, it will not be released to the wild. (iii) Any condor that displays signs of illness, is injured, or otherwise needs special care may be captured by au thorized personnel of the Service, Bu reau of Land Management, or appro priate State wildlife agency or their agents, and given the appropriate care. These condors are to be re-released into the reintroduction area as soon as possible, unless physical or behavioral problems make it necessary to keep them in captivity for an extended pe riod of time, or permanently. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 235 U.S. Fish and Wildlife Serv., Interior § 17.84 (10) The status of the reintroduction project is to receive an informal review on an annual basis and a formal eval uation within the first 5 years after the initial release, and every 5 years there after. This evaluation will include, but not be limited to: a review of manage ment issues; compliance with agree ments; assessment of available carrion; dependence of older condors on supple mental food sources; post release be havior; causes and rates of mortality; alternative release sites; project costs; public acceptance; and accomplishment of recovery tasks prescribed in Cali fornia Condor Recovery Plan. The number of variables that could affect this reintroduction project make it dif ficult to develop criteria for success or failure after 5 years. However, if after 5 years the project is experiencing a 40 percent or greater mortality rate or re leased condors are not finding food on their own, serious consideration will be given to terminating the project. (11) The Service does not intend to pursue a change in the nonessential ex perimental population designation to experimental essential, threatened, or endangered, or modify the experi mental population area boundaries without consulting with and obtaining the full cooperation of affected parties located within the experimental popu lation area, the reintroduction pro gram cooperators identified in the memorandum of understanding (MOU) for this program, and the cooperators identified in the agreement for this program. (i) The Service does not intend to change the status of this nonessential population until the California condor is recovered and delisted in accordance with the Act or if the reintroduction is not successful and the rule is revoked. No designation of critical habitat will be made for nonessential populations (16 U.S.C. § 1539(j)(2)(C)(ii). (ii) Legal actions or other cir cumstances may compel a change in this nonessential experimental popu lation’s legal status to essential, threatened, or endangered, or compel the Service to designate critical habi tat for the California condors within the experimental population area de fined in this rule. If this happens, all California condors will be removed from the area and this experimental population rule will be revoked, unless the parties to the MOU and agreement existing at that time agree that the birds should remain in the wild. Changes in the legal status and/or re moval of this population of California condors will be made in compliance with any applicable Federal rule making and other procedures. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 236 50 CFR Ch. I (10–1–23 Edition) § 17.84 (k) Mexican wolf (Canis lupus baileyi). This paragraph (k) sets forth the provi sions of a rule to establish an experi mental population of Mexican wolves. (1) Purpose of the rule. The U.S. Fish and Wildlife Service (USFWS) finds that reestablishment of an experi mental population of Mexican wolves VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 16 O C 96 .0 00 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 237 U.S. Fish and Wildlife Serv., Interior § 17.84 into the subspecies’ probable historical range will further the conservation and recovery of the Mexican wolf sub species. The USFWS also finds that the experimental population is not essen tial under § 17.81(c)(2). (2) Determinations. The Mexican wolf population reestablished in the Mexi can Wolf Experimental Population Area (MWEPA), identified in paragraph (k)(4) of this section, is one non essential experimental population. This nonessential experimental popu lation will be managed according to the provisions of this rule. The Service does not intend to change the non essential experimental designation to essential experimental, threatened, or endangered. Critical habitat cannot be designated under the nonessential ex perimental classification, 16 U.S.C. 1539(j)(2)(C)(ii). (3) Definitions. Key terms used in this rule have the following definitions: Active den means a den or a specific site above or below ground that is used by Mexican wolves on a daily basis to bear and raise pups, typically between approximately April 1 and July 31. More than one den site may be used in a single season. Cross-foster means the removal of off spring from their biological parents and placement with surrogate parents. Depredation means the confirmed killing or wounding of lawfully present domestic animals by one or more Mexi can wolves. The Service, Wildlife Serv ices, or other Service-designated agen cies will confirm cases of wolf depreda tion on lawfully present domestic ani mals. Cattle trespassing on Federal lands are not considered lawfully present domestic animals. Designated agency means a Federal, State, or tribal agency designated by the Service to assist in implementing this rule, all or in part, consistent with a Service-approved management plan, special management measure, con ference opinion pursuant to section 7(a)(4) of the Act, section 6 of the Act as described in § 17.31 for State game and fish agencies with authority to manage Mexican wolves, or a valid per mit issued by the Service through § 17.32. Disturbance-causing land-use activity means any activity on Federal lands within a 1-mi (1.6-km) radius around release pens when Mexican wolves are in them, around active dens between April 1 and July 31, and around active Mexican wolf rendezvous sites between June 1 and September 30, which the Service determines could adversely af fect reproductive success, natural be havior, or persistence of Mexican wolves. Such activities may include, but are not limited to, timber or wood harvesting, prescribed fire, mining or mine development, camping outside designated campgrounds, livestock husbandry activities (e.g., livestock drives, roundups, branding, vacci nating, etc.), off-road vehicle use, hunt ing, and any other use or activity with the potential to disturb wolves. The following activities are specifically ex cluded from this definition: (A) Lawfully present livestock and use of water sources by livestock; (B) Livestock drives if no reasonable alternative route or timing exists; (C) Vehicle access over established roads to non-Federal land where le gally permitted activities are ongoing if no reasonable alternative route ex ists; (D) Use of lands within the National Park or National Wildlife Refuge Sys tems as safety buffer zones for military activities and Department of Homeland Security border security activities; (E) Fire-fighting activities associated with wildfires; and (F) Any authorized, specific land use that was active and ongoing at the time Mexican wolves chose to locate a den or rendezvous site nearby. Domestic animal means livestock as defined in this paragraph (k)(3) and non-feral dogs. Federal land means land owned and under the administration of Federal agencies including, but not limited to, the Service, National Park Service, Bureau of Land Management, U.S. For est Service, Department of Energy, or Department of Defense. Feral dog means any dog (Canis familiaris) or wolf–dog hybrid that, be cause of absence of physical restraint or conspicuous means of identifying it at a distance as non-feral, is reason ably thought to range freely without discernible, proximate control by any VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 238 50 CFR Ch. I (10–1–23 Edition) § 17.84 person. Feral dogs do not include do mestic dogs that are penned, leashed, or otherwise restrained (e.g., by shock collar) or which are working livestock or being lawfully used to trail or locate wildlife. Harass means intentional or neg ligent actions or omissions that create the likelihood of injury to wildlife by annoying it to such an extent as to sig nificantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or shel tering. In the act of biting, killing, or wound ing means grasping, biting, wounding, or feeding upon a live domestic animal on non-Federal land or live livestock on Federal land. The term does not in clude feeding on an animal carcass. Initial release means the release of Mexican wolves to the wild within Zone 1, as defined in this paragraph (k)(3), or in accordance with tribal or private land agreements in Zone 2, as defined in this paragraph (k)(3), that have never been in the wild, or releas ing pups that have never been in the wild and are less than 5 months old within Zones 1 or 2. The initial release of pups less than 5 months old into Zone 2 allows for the cross-fostering of pups from the captive population into the wild, as well as enables translocation-eligible adults to be re released in Zone 2 with pups born in captivity. Intentional harassment means delib erate, preplanned harassment of Mexi can wolves, including by less-than-le thal means (such as 12-gauge shotgun rubber-bullets and bean-bag shells) de signed to cause physical discomfort and temporary physical injury, but not death. Intentional harassment includes situations where the Mexican wolf or wolves may have been unintentionally attracted—or intentionally tracked, waited for, chased, or searched out— and then harassed. Intentional harass ment of Mexican wolves is only allowed under a permit issued by the Service or its designated agency. Livestock means domestic alpacas, bison, burros (donkeys), cattle, goats, horses, llamas, mules, and sheep, or other domestic animals defined as live stock in Service-approved State and tribal Mexican wolf management plans. Poultry is not considered livestock under this rule. Mexican Wolf Experimental Population Area (MWEPA) means an area in Ari zona and New Mexico including Zones 1, 2, and 3, as defined in this paragraph (k)(3), that lies south of Interstate Highway 40 to the international border with Mexico. Non-Federal land means any private, State-owned, or tribal trust land. Occupied Mexican wolf range means an area of confirmed presence of Mexican wolves based on the most recent map of occupied range posted on the Service’s Mexican Wolf Recovery Program Web site at http://www.fws.gov/southwest/es/ mexicanwolf/. Specific to the prohibi tions at paragraphs (k)(5)(iii) and (k)(5)(vii)(D) of this section, Zone 3, as defined in this paragraph (k)(3), and tribal trust lands are not considered occupied range. Opportunistic harassment means scar ing any Mexican wolf from the imme diate area by taking actions such as discharging firearms or other projec tile-launching devices in proximity to, but not in the direction of, the wolf, throwing objects at it, or making loud noise in proximity to it. Such harass ment might cause temporary, non-de bilitating physical injury, but is not reasonably anticipated to cause perma nent physical injury or death. Oppor tunistic harassment of Mexican wolves can occur without a permit issued by the Service or its designated agency. Problem wolves mean Mexican wolves that, for purposes of management and control by the Service or its designated agent(s), are: (A) Individuals or members of a group or pack (including adults, year lings, and pups greater than 4 months of age) that were involved in a depreda tion on lawfully present domestic ani mals; (B) Habituated to humans, human residences, or other facilities regularly occupied by humans; or (C) Aggressive when unprovoked to ward humans. Rendezvous site means a gathering and activity area regularly used by Mexican wolf pups after they have emerged from the den. Typically, these sites are used for a period ranging from about 1 week to 1 month in the first VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 239 U.S. Fish and Wildlife Serv., Interior ยง 17.84 summer after birth during the period from June 1 to September 30. Several rendezvous sites may be used in succes sion within a single season. Service-approved management plan means management plans approved by the Regional Director or Director of the Service through which Federal, State, or tribal agencies may become a designated agency. The management plan must address how Mexican wolves will be managed to achieve conserva tion goals in compliance with the Act, this experimental population rule, and other Service policies. If a Federal, State, or tribal agency becomes a des ignated agency through a Service-ap proved management plan, the Service will help coordinate their activities while retaining authority for program direction, oversight, guidance, and au thorization of Mexican wolf removals. Take means 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)). Translocate means the release of Mexican wolves into the wild that have previously been in the wild. In the MWEPA, translocations will occur only in Zones 1 and 2, as defined in this paragraph (k)(3). Tribal trust land means any lands title to which is either: Held in trust by the United States for the benefit of any Indian tribe or individual; or held by any Indian tribe or individual sub ject to restrictions by the United States against alienation. For purposes of this rule, tribal trust land does not include land purchased in fee title by a tribe. We consider fee simple land pur chased by tribes to be private land. Unacceptable impact to a wild ungulate herd will be determined by a State game and fish agency based upon ungulate management goals, or a 15 percent decline in an ungulate herd as documented by a State game and fish agency, using their preferred method ology, based on the preponderance of evidence from bull to cow ratios, cow to calf ratios, hunter days, and/or elk population estimates. Unintentional take means the take of a Mexican wolf by any person if the take is unintentional and occurs while engaging in an otherwise lawful activ ity, occurs despite the use of due care, is coincidental to an otherwise lawful activity, and is not done on purpose. Taking a Mexican wolf by poisoning or shooting will not be considered unin tentional take. Wild ungulate herd means an assem blage of wild ungulates (bighorn sheep, bison, deer, elk, or pronghorn) living in a given area. Wildlife Services means the U.S. De partment of Agriculture, Animal and Plant Health Inspection Service, Wild life Services. Wounded means exhibiting scraped or torn hide or flesh, bleeding, or other evidence of physical damage caused by a Mexican wolf bite. Zone 1 means an area within the MWEPA in Arizona and New Mexico into which Mexican wolves will be al lowed to naturally disperse and occupy and where Mexican wolves may be ini tially released from captivity or translocated. Zone 1 includes all of the Apache, Gila, and Sitgreaves National Forests; the Payson, Pleasant Valley, and Tonto Basin Ranger Districts of the Tonto National Forest; and the Magdalena Ranger District of the Cibola National Forest. Zone 2 is an area within the MWEPA into which Mexican wolves will be al lowed to naturally disperse and occupy, and where Mexican wolves may be translocated. (A) On Federal land in Zone 2, initial releases of Mexican wolves are limited to pups less than 5 months old, which allows for the cross-fostering of pups from the captive population into the wild, as well as enables translocation eligible adults to be re-released with pups born in captivity. On private and tribal land in Zone 2, Mexican wolves of any age, including adults, can also be initially released under a Service and State-approved management agreement with private landowners or a Service-approved management agree ment with tribal agencies. (B) The northern boundary of Zone 2 is Interstate Highway 40; the western boundary extends south from Inter state Highway 40 and follows Arizona State Highway 93, Arizona State High way 89/60, Interstate Highway 10, and Interstate Highway 19 to the United States-Mexico international border; the southern boundary is the United VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 240 50 CFR Ch. I (10–1–23 Edition) § 17.84 States-Mexico international border heading east, then follows New Mexico State Highway 81/146 north to Inter state Highway 10, then along New Mex ico State Highway 26 to Interstate Highway 25; the boundary continues along New Mexico State Highway 70/54/ 506/24; the eastern boundary follows the eastern edge of Otero County, New Mexico, to the north and then along the southern and then eastern edge of Lincoln County, New Mexico, until it intersects with New Mexico State Hwy 285 and follows New Mexico State High way 285 north to the northern bound ary of Interstate Highway 40. Zone 2 excludes the area in Zone 1, as defined in this paragraph (k)(3). Zone 3 means an area within the MWEPA into which Mexican wolves will be allowed to disperse and occupy, but neither initial releases nor translocations will occur there. (A) Zone 3 is an area of less suitable Mexican wolf habitat where Mexican wolves will be more actively managed under the authorities of this rule to re duce human conflict. We expect Mexi can wolves to occupy areas of suitable habitat where ungulate populations are adequate to support them and conflict with humans and their livestock is low. If Mexican wolves move outside of areas of suitable habitat, they will be more actively managed. (B) Zone 3 is two separate geographic areas on the eastern and western sides of the MWEPA. One area of Zone 3 is in western Arizona, and the other is in eastern New Mexico. In Arizona, the northern boundary of Zone 3 is Inter state Highway 40; the eastern boundary extends south from Interstate Highway 40 and follows State Highway 93, State Highway 89/60, Interstate Highway 10, and Interstate Highway 19 to the United States–Mexico international border; the southern boundary is the United States–Mexico international border; the western boundary is the Ar izona–California State border. In New Mexico, the northern boundary of Zone 3 is Interstate Highway 40; the eastern boundary is the New Mexico–Texas State border; the southern boundary is the United States–Mexico inter national border heading west, then fol lows State Highway 81/146 north to Interstate Highway 10, then along State Highway 26 to Interstate High way 25, the southern boundary con tinues along State Highway 70/54/506/24; the western boundary follows the east ern edge of Otero County to the north and then along the southern and then eastern edge of Lincoln County until it follows State Highway 285 north to the northern boundary of Interstate High way 40. (4) Designated area. The designated experimental population area for Mexi can wolves classified as a nonessential experimental population by this rule is within the subspecies’ probable histor ical range and is wholly separate geo graphically from the current range of any known Mexican wolves. The bound aries of the MWEPA are the portions of Arizona and New Mexico that are south of Interstate Highway 40 to the inter national border with Mexico. A map of the MWEPA follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 241 U.S. Fish and Wildlife Serv., Interior § 17.84 (5) Prohibitions. Take of any Mexican wolf in the experimental population is prohibited, except as provided in para graph (k)(7) of this section. Specifi cally, the following actions are prohib ited by this rule: (i) No person may possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any Mexican wolf or wolf part from the ex perimental population except as au thorized in this rule or by a valid per mit issued by the Service under § 17.32. If a person kills or injures a Mexican wolf or finds a dead or injured wolf or wolf parts, the person must not disturb them (unless instructed to do so by the Service or a designated agency), must minimize disturbance of the area around them, and must report the inci dent to the Service’s Mexican Wolf Re covery Coordinator or a designated agency of the Service within 24 hours as described in paragraph (k)(6) of this section. (ii) No person may attempt to com mit, solicit another to commit, or cause to be committed, any offense de fined in this rule. (iii) Taking a Mexican wolf with a trap, snare, or other type of capture de vice within occupied Mexican wolf range is prohibited (except as author ized in paragraph (k)(7)(iv) of this sec tion) and will not be considered unin tentional take, unless due care was ex ercised to avoid injury or death to a wolf. With regard to trapping activi ties, due care includes: (A) Following the regulations, proc lamations, recommendations, guide lines, and/or laws within the State or tribal trust lands where the trapping takes place. (B) Modifying or using appropriately sized traps, chains, drags, and stakes that provide a reasonable expectation that the wolf will be prevented from ei ther breaking the chain or escaping with the trap on the wolf, or using suf ficiently small traps (less than or equal to a Victor #2 trap) that allow a rea sonable expectation that the wolf will either immediately pull free from the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 16 JA 15 .0 20 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 242 50 CFR Ch. I (10–1–23 Edition) § 17.84 trap or span the jaw spread when step ping on the trap. (C) Not taking a Mexican wolf using neck snares. (D) Reporting the capture of a Mexi can wolf (even if the wolf has pulled free) within 24 hours to the Service as described in paragraph (k)(6) of this section. (E) If a Mexican wolf is captured, trappers can call the Interagency Field Team (1–888–459–WOLF [9653]) as soon as possible to arrange for radio-col laring and releasing of the wolf. Per State regulations for releasing nontar get animals, trappers may also choose to release the animal alive and subse quently contact the Service or Inter agency Field Team. (6) Reporting requirements. Unless oth erwise specified in this rule or in a per mit, any take of a Mexican wolf must be reported to the Service or a des ignated agency within 24 hours. We will allow additional reasonable time if ac cess to the site is limited. Report any take of Mexican wolves, including op portunistic harassment, to the Mexican Wolf Recovery Program, U.S. Fish and Wildlife Service, New Mexico Ecologi cal Services Field Office, 2105 Osuna Road, NE., Albuquerque, NM 87113; by telephone 505–761–4704; or by facsimile 505–346–2542. Additional contact infor mation can also be found on the Mexi can Wolf Recovery Program’s Web site at http://www.fws.gov/southwest/es/ mexicanwolf/. Unless otherwise specified in a permit, any wolf or wolf part taken legally must be turned over to the Service, which will determine the disposition of any live or dead wolves. (7) Allowable forms of take of Mexican wolves. Take of Mexican wolves in the experimental population is allowed as follows: (i) Take in defense of human life. Under section 11(a)(3) of the Act and § 17.21(c)(2), any person may take (which includes killing as well as non lethal actions such as harassing or harming) a Mexican wolf in self-defense or defense of the lives of others. This take must be reported as specified in accordance with paragraph (k)(6) of this section. If the Service or a des ignated agency determines that a Mexican wolf presents a threat to human life or safety, the Service or the designated agency may kill the wolf or place it in captivity. (ii) Opportunistic harassment. Anyone may conduct opportunistic harassment of any Mexican wolf at any time pro vided that Mexican wolves are not pur posefully attracted, tracked, searched out, or chased and then harassed. Such harassment of Mexican wolves might cause temporary, non-debilitating physical injury, but is not reasonably anticipated to cause permanent phys ical injury or death. Any form of op portunistic harassment must be re ported as specified in accordance with paragraph (k)(6) of this section. (iii) Intentional harassment. After the Service or its designated agency has confirmed Mexican wolf presence on any land within the MWEPA, the Serv ice or its designated agency may issue permits valid for not longer than 1 year, with appropriate stipulations or conditions, to allow intentional harass ment of Mexican wolves. The harass ment must occur in the area and under the conditions specifically identified in the permit. Permittees must report this take as specified in accordance with paragraph (k)(6) of this section. (iv) Take on non-Federal lands. (A) On non-Federal lands anywhere within the MWEPA, domestic animal owners or their agents may take (including kill or injure) any Mexican wolf that is in the act of biting, killing, or wounding a domestic animal, as defined in para graph (k)(3) of this section. After the take of a Mexican wolf, the Service must be provided evidence that the wolf was in the act of biting, killing, or wounding a domestic animal at the time of take, such as evidence of fresh ly wounded or killed domestic animals. This take must be reported as specified in accordance with paragraph (k)(6) of this section. The take of any Mexican wolf without evidence of biting, kill ing, or wounding domestic animals may be referred to the appropriate au thorities for investigation. (B) Take of Mexican wolves by live stock guarding dogs, when used to pro tect livestock on non-Federal lands, is allowed. If such take by a guard dog oc curs, it must be reported as specified in accordance with paragraph (k)(6) of this section. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 243 U.S. Fish and Wildlife Serv., Interior § 17.84 (C) Based on the Service’s or a des ignated agency’s discretion and in con junction with a removal action author ized by the Service, the Service or des ignated agency may issue permits to domestic animal owners or their agents (e.g., employees, land manager, local officials) to take (including intentional harassment or killing) any Mexican wolf that is present on non-Federal land where specified in the permit. Per mits issued under this provision will specify the number of days for which the permit is valid and the maximum number of Mexican wolves for which take is allowed. Take by permittees under this provision will assist the Service or designated agency in com pleting control actions. Domestic ani mal owners or their agents must report this take as specified in accordance with paragraph (k)(6) of this section. (1) Until the USFWS has achieved the genetic objective for the MWEPA set forth at paragraph (k)(9)(v) of this sec tion by documenting that at least 22 released wolves have survived to breed ing age in the MWEPA, the USFWS or a designated agency may issue permits only on a conditional, annual basis ac cording to the following provisions: Ei ther (i) Annual release benchmarks (for the purposes of this paragraph, the term ‘‘benchmark’’ means the min imum cumulative number of released wolves surviving to breeding age since January 1, 2016, as documented annu ally in March) have been achieved based on the following schedule: TABLE 1 TO PARAGRAPH (k)(7)(iv)(C)(1)(i) Year Benchmark 2021 ............................................................... 7 2022 ............................................................... 9 2023 ............................................................... 11 2024 ............................................................... 13 2025 ............................................................... 14 2026 ............................................................... 15 2027 ............................................................... 16 2028 ............................................................... 18 2029 ............................................................... 20 2030 ............................................................... 22 ; or (ii) Permitted take on non-Federal land, or on Federal land under para graph (k)(7)(v) of this section, during the previous year (April 1 to March 31) did not include the lethal take of any released wolf or wolves that were or would have counted toward the genetic objective set forth at paragraph (k)(9)(v) of this section. (2) After the USFWS has achieved the genetic objective set forth at para graph (k)(9)(v) of this section, the con ditional annual basis for issuing per mits will no longer be in effect. (v) Take on Federal land. (A) Based on the Service’s or a designated agency’s discretion and in conjunction with a removal action authorized by the Serv ice, the Service may issue permits to livestock owners or their agents (e.g., employees, land manager, local offi cials) to take (including intentional harassment or killing) any Mexican wolf that is in the act of biting, killing, or wounding livestock on Federal land where specified in the permit. (1) Until the USFWS has achieved the genetic objective for the MWEPA set forth at paragraph (k)(9)(v) of this sec tion by documenting that at least 22 released wolves have survived to breed ing age, the USFWS or a designated agency may issue permits only on a conditional, annual basis according to the following provisions: Either (i) Annual release benchmarks (for the purposes of this paragraph, the term ‘‘benchmark’’ means the min imum cumulative number of released wolves surviving to breeding age since January 1, 2016, as documented annu ally in March) have been achieved based on the following schedule: TABLE 2 TO PARAGRAPH (k)(7)(v)(A)(1)(i) Year Benchmark 2021 ............................................................... 7 2022 ............................................................... 9 2023 ............................................................... 11 2024 ............................................................... 13 2025 ............................................................... 14 2026 ............................................................... 15 2027 ............................................................... 16 2028 ............................................................... 18 2029 ............................................................... 20 2030 ............................................................... 22 ; or (ii) Permitted take on Federal land, or on non-Federal land under para graph (k)(7)(iv) of this section, during the previous year (April 1 to March 31) did not include the lethal take of any released wolf or wolves that were or would have counted toward the genetic VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 244 50 CFR Ch. I (10–1–23 Edition) § 17.84 objective set forth at paragraph (k)(9)(v) of this section. (2) After the USFWS has achieved the genetic objective set forth at para graph (k)(9)(v) of this section, the con ditional annual basis for issuing per mits will no longer be in effect. (3) Permits issued under this provi sion will specify the number of days for which the permit is valid and the max imum number of Mexican wolves for which take is allowed. Take by permit tees under this provision will assist the Service or designated agency in com pleting control actions. Livestock own ers or their agents must report this take as specified in accordance with paragraph (k)(6) of this section. (4) After the take of a Mexican wolf, the Service must be provided evidence that the wolf was in the act of biting, killing, or wounding livestock at the time of take, such as evidence of fresh ly wounded or killed livestock. The take of any Mexican wolf without evi dence of biting, killing, or wounding domestic animals may be referred to the appropriate authorities for inves tigation. (B) Take of Mexican wolves by live stock guarding dogs, when used to pro tect livestock on Federal lands, is al lowed. If such take by a guard dog oc curs, it must be reported as specified in accordance with paragraph (k)(6) of this section. (C) This provision for take on Federal land does not exempt Federal agencies and their contractors from complying with sections 7(a)(1) and 7(a)(4) of the Act, the latter of which requires a con ference with the Service if they pro pose an action that is likely to jeop ardize the continued existence of the Mexican wolf. In areas within the Na tional Park System and National Wild life Refuge System, Federal agencies must treat Mexican wolves as a threat ened species for purposes of complying with section 7 of the Act. (vi) Take in response to unacceptable impacts to a wild ungulate herd. If the Arizona or New Mexico game and fish agency determines that Mexican wolf predation is having an unacceptable impact to a wild ungulate herd, as de fined in paragraph (k)(3) of this sec tion, the respective State game and fish agency may request approval from the Service that Mexican wolves be re moved from the area of the impacted wild ungulate herd. Upon written ap proval from the Service, the State (Ari zona or New Mexico) or any designated agency may be authorized to remove (capture and translocate in the MWEPA, move to captivity, transfer to Mexico, or lethally take) Mexican wolves. These management actions must occur in accordance with the fol lowing provisions: (A) The Arizona or New Mexico game and fish agency must prepare a science based document that: (1) Describes what data indicate that the wild ungulate herd is below man agement objectives, what data indicate that the impact on the wild ungulate herd is influenced by Mexican wolf pre dation, why Mexican wolf removal is a warranted solution to help restore the wild ungulate herd to State game and fish agency management objectives, the type (level and duration) of Mexi can wolf removal management action being proposed, and how wild ungulate herd response to wolf removal will be measured and control actions adjusted for effectiveness; (2) Demonstrates that attempts were and are being made to identify other causes of wild ungulate herd declines and possible remedies or conservation measures in addition to wolf removal; (3) If appropriate, identifies areas of suitable habitat for Mexican wolf translocation; and (4) Has been subjected to peer review and public comment prior to its sub mittal to the Service for written con currence. In order to comply with this requirement, the State game and fish agency must: (i) Conduct the peer review process in conformance with the Office of Man agement and Budget’s most recent Final Information and Quality Bulletin for Peer Review and include in their proposal an explanation of how the bul letin’s standards were considered and satisfied; and (ii) Obtain at least three independent peer reviews from individuals with rel evant expertise other than staff em ployed by the State (Arizona or New Mexico) requesting approval from the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 245 U.S. Fish and Wildlife Serv., Interior § 17.84 Service that Mexican wolves be re moved from the area of the affected wild ungulate herd. (B) Before the Service will allow Mexican wolf removal in response to impacts to wild ungulates, the Service will evaluate the information provided by the requesting State (Arizona or New Mexico) and provide a written de termination to the requesting State game and fish agency on whether such actions are scientifically based and warranted. (C) If all of the provisions above are met, the Service will, to the maximum extent allowable under the Act, make a determination providing for Mexican wolf removal. If the request is ap proved, the Service will include in the written determination which manage ment action (capture and translocate in MWEPA, move to captivity, transfer to Mexico, lethally take, or no action) is most appropriate for the conserva tion of the Mexican wolf subspecies. (D) Because tribes are able to request the capture and removal of Mexican wolves from tribal trust lands at any time, take in response to impacts to wild ungulate herds is not applicable on tribal trust lands. (E) No requests for take in response to unacceptable impacts to a wild ungulate herd may be made by the State game and fish agency or accepted by the USFWS until the genetic objec tive at paragraph (k)(9)(v) of this sec tion has been met. (vii) Take by Service personnel or a des ignated agency. The Service or a des ignated agency may take any Mexican wolf in the experimental population in a manner consistent with a Service-ap proved management plan, special man agement measure, biological opinion pursuant to section 7(a)(2) of the Act, conference opinion pursuant to section 7(a)(4) of the Act, section 6 of the Act as described in § 17.31 for State game and fish agencies with authority to manage Mexican wolves, or a valid per mit issued by the Service through § 17.32. (A) The Service or designated agency may use leg-hold traps and any other effective device or method for cap turing or killing Mexican wolves to carry out any measure that is a part of a Service-approved management plan, special management measure, or valid permit issued by the Service under § 17.32, regardless of State law. The dis position of all Mexican wolves (live or dead) or their parts taken as part of a Service-approved management activity must follow provisions in Service-ap proved management plans or inter agency agreements or procedures ap proved by the Service on a case-by-case basis. (B) The Service or designated agency may capture; kill; subject to genetic testing; place in captivity; or euthanize any feral wolf-like animal or feral wolf hybrid found within the MWEPA that shows physical or behavioral evidence of: Hybridization with other canids, such as domestic dogs or coyotes; being a wolf-like animal raised in captivity, other than as part of a Service-ap proved wolf recovery program; or being socialized or habituated to humans. If determined to be a pure Mexican wolf, the wolf may be returned to the wild. (C) The Service or designated agency may carry out intentional or opportun istic harassment, nonlethal control measures, translocation, placement in captivity, or lethal control of problem wolves. To determine the presence of problem wolves, the Service will con sider all of the following: (1) Evidence of wounded domestic animal(s) or remains of domestic ani mal(s) that show that the injury or death was caused by Mexican wolves; (2) The likelihood that additional Mexican wolf-caused depredations or attacks of domestic animals may occur if no harassment, nonlethal control, translocation, placement in captivity, or lethal control is taken; (3) Evidence of attractants or inten tional feeding (baiting) of Mexican wolves; and (4) Evidence that Mexican wolves are habituated to humans, human resi dences, or other facilities regularly oc cupied by humans, or evidence that Mexican wolves have exhibited unprovoked and aggressive behavior to ward humans. (D) Wildlife Services will not use M– 44’s and choking-type snares in occu pied Mexican wolf range. Wildlife Serv ices may restrict or modify other pred ator control activities pursuant to a VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 246 50 CFR Ch. I (10–1–23 Edition) § 17.84 Service-approved management agree ment or a conference opinion between Wildlife Services and the Service. (viii) Unintentional take. (A) Take of a Mexican wolf by any person is allowed if the take is unintentional and occurs while engaging in an otherwise lawful activity. Such take must be reported as specified in accordance with para graph (k)(6) of this section. Hunters and other shooters have the responsi bility to identify their quarry or target before shooting; therefore, shooting a Mexican wolf as a result of mistaking it for another species will not be con sidered unintentional take. Take by poisoning will not be considered unin tentional take. (B) Federal, State, or tribal agency employees or their contractors may take a Mexican wolf or wolf-like ani mal if the take is unintentional and oc curs while engaging in the course of their official duties. This includes, but is not limited to, military training and testing and Department of Homeland Security border security activities. Take of Mexican wolves by Federal, State, or tribal agencies must be re ported as specified in accordance with paragraph (k)(6) of this section. (C) Take of Mexican wolves by Wild life Services employees while con ducting official duties associated with predator damage management activi ties for species other than Mexican wolves may be considered uninten tional if it is coincidental to a legal ac tivity and the Wildlife Services em ployees have adhered to all applicable Wildlife Services’ policies, Mexican wolf standard operating procedures, and reasonable and prudent measures or recommendations contained in Wild life Service’s biological and conference opinions. (ix) Take for research purposes. The Service may issue permits under § 17.32, and designated agencies may issue per mits under State and Federal laws and regulations, for individuals to take Mexican wolves pursuant to scientific study proposals approved by the agen cy or agencies with jurisdiction for Mexican wolves and for the area in which the study will occur. Such take should lead to management rec ommendations for, and thus provide for the conservation of, the Mexican wolf. (8) Disturbance-causing land-use activi ties. For any activity on Federal lands that the Service determines could ad versely affect reproductive success, natural behavior, or persistence of Mexican wolves, the Service will work with Federal agencies to use their au thorities to temporarily restrict human access and disturbance-causing land-use activities within a 1-mi (1.6 km) radius around release pens when Mexican wolves are in them, around ac tive dens between approximately April 1 and July 31, and around active Mexi can wolf rendezvous sites between ap proximately June 1 and September 30, as necessary. (9) Management. (i) On private land within Zones 1 and 2, as defined in paragraph (k)(3) of this section, of the MWEPA, the Service or designated agency may develop and implement management actions to benefit Mexi can wolf recovery in cooperation with willing private landowners, including initial release and translocation of Mexican wolves onto such lands in Zones 1 or 2 if requested by the land owner and with the concurrence of the State game and fish agency. (ii) On tribal trust land within Zones 1 and 2, as defined in paragraph (k)(3) of this section, of the MWEPA, the Service or a designated agency may de velop and implement management ac tions in cooperation with willing tribal governments, including: occupancy by natural dispersal, initial release, and translocation of Mexican wolves onto such lands. No agreement between the Service and a Tribe is necessary for the capture and removal of Mexican wolves from tribal trust lands if requested by the tribal government. (iii) Based on end-of-year counts, we will manage to achieve and sustain a population average greater than or equal to 320 wolves in Arizona and New Mexico. This average must be achieved over an 8-year period, the population must exceed 320 Mexican wolves each of the last 3 years of the 8-year period, and the annual population growth rate averaged over the 8-year period must demonstrate a stable or increasing pop ulation, as calculated by a geometric mean. (iv) We are implementing a phased approach to Mexican wolf management VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 247 U.S. Fish and Wildlife Serv., Interior ยง 17.84 within the MWEPA in western Arizona as follows: (A) Phase 1 will be implemented for the first 5 years following February 17, 2015. During this phase, initial releases and translocation of Mexican wolves can occur throughout Zone 1 with the exception of the area west of State Highway 87 in Arizona. No translocations can be conducted west of State Highway 87 in Arizona in Zone 2. Mexican wolves can disperse natu rally from Zones 1 and 2 into, and oc cupy, the MWEPA (Zones 1, 2, and 3, as defined in paragraph (k)(3) of this sec tion). However, during Phase 1, dis persal and occupancy in Zone 2 west of State Highway 87 will be limited to the area north of State Highway 260 and west to Interstate 17. A map of Phase 1 follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 248 50 CFR Ch. I (10–1–23 Edition) § 17.84 (B) In Phase 2, initial releases and translocation of Mexican wolves can occur throughout Zone 1 including the area west of State Highway 87 in Ari zona. No translocations can be con ducted west of Interstate Highway 17 in Arizona. Mexican wolves can disperse naturally from Zones 1 and 2 into, and occupy, the MWEPA (Zones 1, 2, and 3, as defined in paragraph (k)(3) of this VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 16 JA 15 .0 21 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 249 U.S. Fish and Wildlife Serv., Interior ยง 17.84 section). However, during Phase 2, dis persal and occupancy west of Inter state Highway 17 will be limited to the area east of Highway 89 in Arizona. A map of Phase 2 follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00259 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 16 JA 15 .0 22 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 250 50 CFR Ch. I (10–1–23 Edition) § 17.84 (C) In Phase 3, initial release and translocation of Mexican wolves can occur throughout Zone 1. No translocations can be conducted west of State Highway 89 in Arizona. Mexi can wolves can disperse naturally from Zones 1 and 2 into, and occupy, the MWEPA (Zones 1, 2, and 3, as defined in paragraph (k)(3) of this section). A map of Phase 3 follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00260 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 16 JA 15 .0 23 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 251 U.S. Fish and Wildlife Serv., Interior § 17.84 (D) While implementing this phased approach, two evaluations will be con ducted: The first evaluation will cover the first 5 years and the second evalua tion will cover the first 8 years after February 17, 2015 in order to determine if we will move forward with the next phase. (1) Each phase evaluation will con sider adverse human interactions with Mexican wolves, impacts to wild ungulate herds, and whether or not the Mexican wolf population in the MWEPA is achieving a population number consistent with a 10 percent annual growth rate based on end-of year counts, such that 5 years after February 17, 2015, the population of Mexican wolves in the wild is at least 150, and 8 years after February 17, 2015, the population of Mexican wolves in the wild is at least 200. (2) If we have not achieved this popu lation growth, we will move forward to the next phase. Regardless of the out come of the two evaluations, by the be ginning of year 12 from February 17, 2015, we will move to full implementa tion of this rule throughout the MWEPA, and the phased management approach will no longer apply. (E) The phasing may be expedited with the concurrence of participating State game and fish agencies. (v) The USFWS and designated agen cies will conduct a sufficient number of releases into the MWEPA from cap tivity to result in at least 22 released Mexican wolves surviving to breeding age. (10) Evaluation. The USFWS will con tinue to evaluate Mexican wolf rees tablishment progress and prepare peri odic progress reports and detailed an nual reports. In addition, approxi mately 5 years after August 1, 2022, the USFWS will prepare a one-time overall evaluation of the experimental popu lation program that focuses on modi fications needed to improve the effi cacy of this rule and the progress the experimental population is making to the recovery of the Mexican wolf. (l) Grizzly bear (Ursus arctos horribilis). (1) Where does this rule apply? The rule in this paragraph (l) applies to the designated Bitterroot Grizzly Bear Experimental Population Area (Experi mental Population Area), which is found within the species’ historic range and is defined as follows: The boundaries of the Experimental Popu lation Area are delineated by U.S. 93 from its junction with the Bitterroot River near Mis soula, Montana, to Challis, Idaho; Idaho 75 from Challis to Stanley, Idaho; Idaho 21 from Stanley to Lowman, Idaho; State Highway 17 from Lowman to Banks, Idaho; Idaho 55 from Banks to New Meadows, Idaho; U.S. 95 from New Meadows to Coeur d’Alene, Idaho; Inter state 90 from Coeur d’Alene, Idaho, to its junction with the Clark Fork River near St. Regis, Montana; the Clark Fork River from its junction with Interstate 90 near St. Regis to its confluence with the Bitterroot River near Missoula, Montana; and the Bitterroot River from its confluence with the Clark Fork River to its junction with U.S. High way 93, near Missoula, Montana (See map at the end of this paragraph (l)). (2) What is the legal status of the griz zly bear? (i) The grizzly bear is listed as ‘‘threatened’’ in § 17.11 (h) and pro tected under this part. However, the grizzly bear population to which this paragraph (l) applies is considered a nonessential experimental population in accordance with section 10(j) of the Act. (ii) We have determined that, as of December 18, 2000, no grizzly bear popu lation exists in the Experimental Popu lation Area. We find, in accordance with § 17.81 (b), that the reintroduction of grizzly bears as a nonessential exper imental population, as defined in § 17.81 (b), will further the conservation of the species and will be consistent with pro visions of section 10(j) of the Act, which requires that an experimental population be geographically separate from other nonexperimental popu lations of the same species. We also find, in accordance with § 17.81 (c)(2), that the experimental population of grizzly bears in the Experimental Pop ulation Area is not essential to the sur vival of the species in the wild. (iii) Grizzly bears within the Experi mental Population Area and the Recov ery Area will be accommodated through management provisions pro vided for in this paragraph (l) and through management plans and poli cies developed by the Citizen Manage ment Committee (Committee; see para graph (l)(6) of this section). After re introduction, every grizzly bear found within the Experimental Population VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 252 50 CFR Ch. I (10–1–23 Edition) § 17.84 Area will be considered a member of the nonessential experimental popu lation. (iv) In the conterminous United States, a grizzly bear that is outside the Experimental Population Area identified in paragraph (l)(1) of this section will be considered as threat ened. (3) Where will grizzly bears be released, and where will recovery be emphasized? The Bitterroot Grizzly Bear Recovery Area identifies the area of recovery emphasis within the Experimental Pop ulation Area. The Recovery Area con sists of the Selway-Bitterroot Wilder ness and the Frank Church-River of No Return Wilderness (See map at the end of paragraph (l) of this section). All re introductions will take place in the Selway-Bitterroot Wilderness unless it is later determined that reintroduction in the Frank Church-River of No Re turn Wilderness is appropriate. If, in the future, new wilderness areas are designated adjacent to the Recovery Area, the Committee may recommend to the Secretary their addition to the Recovery Area. The Secretary would have to amend this paragraph (l) to change the definition of the Recovery Area. (4) What activities are prohibited in the Experimental Population Area? (i) You may not take (see definition in § 10.12 of this subchapter) any grizzly bear in the Experimental Population Area, ex cept as provided in this paragraph (l). We may refer unauthorized take of grizzly bears to the appropriate au thorities for prosecution. (ii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any grizzly bear or parts thereof that are taken from the Experimental Popu lation Area or possessed in violation of the regulations in this paragraph (l) or in violation of applicable State wildlife conservation laws or regulations or the Act. (iii) You may not attempt to commit, solicit another to commit, or cause to be committed, any offense defined in this paragraph (l). (5) What activities are allowed in the Experimental Population Area? (i) For purposes of this paragraph (l), except for persons engaged in hunting or shooting activities, you will not be in violation of the Act for ‘‘unavoidable and unintentional take’’ (see definition in paragraph (l)(16) of this section) of grizzly bears within the Experimental Population Area when such take is in cidental to a legal activity and is not a result of negligent conduct lacking reasonable due care, and when due care was exercised to avoid the taking. Any taking must be reported within 24 hours to appropriate authorities as listed in paragraph (l)(5)(iii) of this sec tion. Persons lawfully engaged in hunt ing or shooting activities must cor rectly identify their target before shooting in order to avoid illegally shooting a grizzly bear. Shooting a grizzly bear as a result of mistaking it for another species is considered a lack of reasonable due care. The act of tak ing a grizzly bear that is wrongly iden tified as another species may be re ferred to appropriate authorities for prosecution. (ii) Any person with a valid permit issued by us may take grizzly bears in the Experimental Population Area for scientific purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other con servation purposes. Such permits must be consistent with the Act, with man agement plans adopted for the non essential experimental population, and with applicable State wildlife con servation laws and regulations. (iii) You may take grizzly bears in the Experimental Population Area in self-defense or in defense of the lives of others. Such taking must be reported within 24 hours as to date, exact loca tion, and circumstances to the Grizzly Bear Recovery Coordinator, University Hall, Room 309, University of Montana, Missoula, Montana 59812 (406–243–4903); or the Assistant Regional Director for Law Enforcement, Eastside Federal Complex, 911 NE 11th Avenue, Port land, Oregon 97232–4181 (503–231–6125); or the Assistant Regional Director for Law Enforcement, P.O. Box 25486, DFC, Denver, Colorado 80225 (303–236–7540); and either the Idaho Department of Fish and Game, P.O. Box 25, Boise Idaho 83707 (208–334–3700); or the Mon tana Department of Fish, Wildlife and Parks, 1420 E. Sixth Avenue, Helena, Montana 59620 (406–444–2535); and Nez VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 253 U.S. Fish and Wildlife Serv., Interior § 17.84 Perce Tribal authorities (208–843–2253) (as appropriate). (iv) Livestock owners may obtain a permit from the Service, and the Idaho Department of Fish and Game, the Montana Department of Fish, Wildlife and Parks, or appropriate Tribal au thorities to harass (see definition in § 17.3) grizzly bears found in the Experi mental Population Area that are actu ally pursuing or killing livestock (to include permitting the use of livestock guard dogs around livestock to harass such grizzly bears). Prior to issuance of such a permit, authorized State, Fed eral, or Tribal officials must document pursuit or killing of livestock. All such harassment must be accomplished by an opportunistic, noninjurious method (see definition of ‘‘opportunistic, non injurious harassment’’ in paragraph (l)(16) of this section) to the grizzly bear, and such harassment must be re ported within 24 hours as to date, exact location, and circumstances to the au thorities listed under paragraph (l)(5)(iii) of this section. (v) Livestock owners may obtain a permit from the Service, and the Idaho Department of Fish and Game, the Montana Department of Fish, Wildlife and Parks or appropriate Tribal au thorities to take grizzly bears on pri vate lands found in the Experimental Population Area in a manner other than harassment as defined in this paragraph (l), in order to protect live stock actually pursued or being killed on private property. Prior to issuance of such a permit, authorized State, Federal, or Tribal officials must docu ment pursuit or killing of livestock. Any response protocol established by the Committee must have been satis fied and efforts to capture depredating grizzly bears by Service or State or Tribal wildlife agency personnel must have proven unsuccessful. All such tak ing must be reported as to date, exact location, and circumstances within 24 hours to the authorities listed under paragraph (l)(5)(iii) of this section. (vi) Any authorized employee or agent of the Service or appropriate State wildlife agency or Nez Perce Tribe who is lawfully designated for such purposes, when acting in the course of official duties, may take a grizzly bear from the wild in the Exper imental Population Area if such action is necessary to: (A) Aid a sick, injured, or orphaned grizzly bear; (B) Dispose of a dead grizzly bear, or salvage a dead grizzly bear that may be useful for scientific study; (C) Take a grizzly bear that con stitutes a demonstrable but nonimme diate threat to human safety or that is responsible for depredations to law fully present domestic animals or other personal property, if otherwise elimi nating such depredation or loss of per sonal property has not been possible, and after eliminating such threat by live-capturing and releasing the grizzly bear unharmed in the area defined in paragraph (l)(2) of this section or other areas approved by the Committee has been demonstrated not to be possible; (D) Move a grizzly bear for genetic management purposes; (E) Relocate grizzly bears within the Experimental Population Area to im prove grizzly bear survival and recov ery prospects; or (F) Relocate a grizzly bear to avoid conflict with human ac tivities. However, grizzly bears in the Experimental Population Area will not be disturbed unless they demonstrate a real and imminent threat to human safety, livestock, or bees. Unless the Committee determines otherwise, this rule provides that on private lands out side the national forest boundary in the Bitterroot Valley, Montana (exclu sion area), any human/grizzly conflicts will be considered unacceptable. Griz zly bear occupancy will be discouraged in the exclusion area, and grizzly bears found there will be captured and re turned to the Recovery Area, or placed in captivity, or destroyed, depending on the history of each bear. If a grizzly bear enters the exclusion area, State and Federal wildlife management agen cies will attempt to capture it imme diately and notify the public of its presence as soon as possible. The public will be kept updated until the bear is caught. Further, any grizzly bear that occupies inhabited human settlement areas on private land within the Exper imental Population Area that, in the judgment of the management agencies or Committee, presents a clear threat to human safety or whose behavior in dicates that it may become habituated VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 254 50 CFR Ch. I (10–1–23 Edition) § 17.84 to humans, will be relocated or de stroyed by management agencies. (6) How will local citizens be involved in the management of the Bitterroot non essential experimental grizzly bear popu lation? (i) The Secretary will establish a Citizen Management Committee for the Bitterroot grizzly bear experi mental population and will authorize management implementation responsi bility as described in paragraph (l)(9) of this section, in consultation with the Governors of Idaho and Montana. As soon as possible after the effective date of this rule, the Secretary will organize the Committee by requesting nomina tions of citizen members from the Gov ernors of Idaho and Montana and the Nez Perce Tribe and nominations of agency members by represented agen cies. (ii) The Committee will be composed of 15 members serving 6-year terms. Appointments may initially be of less er terms to ensure staggered replace ment. (A) Membership will consist of seven individuals appointed by the Secretary based upon the recommendations of the Governor of Idaho, five members ap pointed by the Secretary based upon the recommendations of the Governor of Montana, one member representing the Nez Perce Tribe appointed by the Secretary based on the recommenda tion of the Nez Perce Tribe, one mem ber representing the Forest Service ap pointed by the Secretary of Agri culture, and one member representing the Fish and Wildlife Service appointed by the Secretary. Members rec ommended by the Governors of Idaho and Montana will be based on the rec ommendations of interested parties and will include at least one represent ative each from the appropriate State wildlife agencies. If either Governor or the Tribe fails to make recommenda tions within 60 days, the Secretary (or his/her designee) will accept rec ommendations from interested parties, and will make the appointments. (B) The Committee will consist of a cross-section of interests reflecting a balance of viewpoints, and members are to be selected for their diversity of knowledge and experience in natural resource issues, and for their commit ment to collaborative decision-making. In their recommendations to the Sec retary, the Governors of Idaho and Montana will attach written docu mentation of the qualifications of those nominated relating to their knowledge of, and experience in, nat ural resource issues and their commit ment to collaborative decision-making. (C) Except for the representatives from Federal agencies, the Committee will be selected from communities within and adjacent to the Recovery and Experimental Population Areas. (D) The Secretary will fill vacancies as they occur with the appropriate members based on the recommendation of the appropriate Governor, the Nez Perce Tribe, or agency. (7) Will independent scientific informa tion be readily available to the Committee? The Secretary will appoint two sci entific advisors to the Committee as nonvoting members to attend all meet ings of the Committee and to provide scientific expertise to the Committee. These scientific advisors will not be employed by Federal agencies involved in grizzly bear recovery. The Secretary will contact the Wildlife Society Chap ters in Idaho and Montana and the Uni versities of Idaho and Montana for nominations and will select one wild life scientist representing each State and appoint them as advisors to the Committee. (8) What is the overall mission of the Committee, and how will it operate? (i) The mission of the Committee is to fa cilitate recovery of the grizzly bear in the Bitterroot ecosystem by assisting in implementing the Bitterroot eco system chapter of the recovery plan (Bitterroot Ecosystem Recovery Plan Chapter—Supplement to the Grizzly Bear Recovery Plan, U.S. Fish and Wildlife Service, Missoula, Montana, 1996). The Committee will make rec ommendations to land and wildlife management agencies that it believes will lead to recovery of the grizzly bear. Decisions on, and implementation of, these recommendations are the re sponsibility of the land and wildlife management agencies. (ii) The Committee will meet a min imum of two times per year. These meetings will be open to the public. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 255 U.S. Fish and Wildlife Serv., Interior ยง 17.84 Additionally, the committee will pro vide reasonable public notice of meet ings, produce and provide written min utes of meetings to interested persons, and involve the public in its decision making process. This public participa tion process will allow members of the public and/or special interest groups to have input to Committee decisions and management actions. (9) What authority will the Committee have, and what will be its primary tasks? The Committee will have the authority and the responsibility to carry out the following functions: (i) Developing a process for obtaining the best biological, social, and eco nomic data. This process will include an explicit mechanism for soliciting peer-reviewed, scientific articles on grizzly bears and their management, and holding periodic public meetings not less than every 2 years, in which qualified scientists may submit com ments to and be questioned by the Committee. The two scientific advisors will lead this process. The Committee will base its decisions upon the best scientific and commercial data avail able. All decisions of the Committee, including components of its manage ment plans, must lead toward recovery of the grizzly bear in the Bitterroot ecosystem and minimize social and economic impacts to the extent prac ticable within the context of the exist ing recovery goals for the species. (ii) Soliciting technical advice and guidance from outside experts. The sci entific advisors will lead the develop ment of an ongoing process to provide the Committee with the best scientific and commercial data available. The scientific advisors will provide this in formation in the form of peer-reviewed scientific articles on grizzly bears and their management, Committee meet ings with presentations by scientific experts, and requests to State and Fed eral management agencies and the pri vate sector for scientific expertise and advice. (iii) Implementing the Bitterroot Ecosystem Chapter of the Grizzly Bear Recovery Plan consistent with this paragraph (l). The Committee will de velop recommendations on existing management plans and policies of land and wildlife management agencies, as necessary, for the management of griz zly bears in the Experimental Popu lation Area. The Committee will make recommendations to land and wildlife management agencies regarding changes to plans and policies, but the final decision on implementation of those recommendations will be made by those agencies. If Committee rec ommendations require significant changes to existing plans and policy, and the agencies tentatively agree to accept those recommendations, then the requirements of the National Envi ronmental Policy Act may apply. Such management plans and policies will be in accordance with applicable State and Federal laws. The Committee will give full consideration to Service com ments and opinions and those of the Forest Service, Idaho Department of Fish and Game, the Montana Depart ment of Fish, Wildlife and Parks, and the Nez Perce Tribe. (iv) Providing means by which the public may participate in, review, and comment on the decisions of the Com mittee. The Committee must thor oughly consider and respond to public input prior to making decisions. (v) Developing its internal processes, where appropriate, such as governance, decision-making, quorum, terms of members, officers, meeting schedules and location, public notice of meetings, and minutes. (vi) Requesting staff support from the Service, the Idaho Department of Fish and Game, Montana Department of Fish, Wildlife and Parks, Forest Service, other affected Federal agen cies, and the Nez Perce Tribe, when necessary to perform administrative functions, and requesting reimburse ment from us for non-Federal Com mittee members for costs associated with travel, lodging, and incidentals. (vii) Reviewing existing grizzly bear standards and guidelines used by the Forest Service and other agencies and landowners. The Committee will per form an annual review of grizzly bear mortalities and the number and loca tion of bear/human conflicts. This re view will be the primary mechanism to assess the adequacy of existing man agement techniques and standards. If the Committee deems such standards and guidelines inadequate for recovery VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 256 50 CFR Ch. I (10–1–23 Edition) § 17.84 of grizzly bears, the Committee may recommend changes to the Forest Service and other agencies and land owners. (viii) Developing grizzly bear guid ance for proper camping and sanitation within the Experimental Population Area and making recommendations to land management agencies for adop tion of such guidelines. Existing camp ing and sanitation procedures devel oped in other ecosystems with grizzly bears will serve as a basis for such guidelines. (ix) Developing a protocol for re sponding to grizzly/human encounters, livestock depredations, damage to law fully present property, and other griz zly/human conflicts within the Experi mental Population Area. Any response protocol developed by the Committee will have to undergo public comment and be revised as appropriate based on comments received. Any conflicts or mortalities associated with these ac tivities will result in review by the Committee to determine what the Committee may do to help prevent fu ture conflicts or mortalities. The Com mittee will recommend, as necessary, policy changes on trail restrictions for human safety to appropriate wildlife and land management agencies. (x) Recommending to the Service changes to recovery criteria, including mortality limits, population deter minations, and other criteria for recov ery as appropriate. (xi) Reviewing all human-caused griz zly bear mortalities to determine whether new measures for avoiding fu ture occurrences are required and make recommendations on such meas ures to appropriate land and wildlife management agencies. If grizzly bear mortalities occur as a result of black bear hunting, the Committee will work with the State Fish and Game Depart ments in both Idaho and Montana to develop solutions to minimize the ef fects on grizzly bears of black bear hunting. (xii) Developing strategies to empha size recovery inside the Recovery Area and to accommodate grizzly bears in side other areas of the Experimental Population Area. (A) Grizzly bears may range outside the Recovery Area because grizzly bear habitat exists throughout the Experi mental Population Area. The Com mittee will not recommend that bears be disturbed or moved unless conflicts are both significant and cannot be cor rected as determined by the Com mittee. This provision includes con flicts associated with livestock, for which the Committee will develop strategies to discourage grizzly bear occupancy in portions of the Experi mental Population Area outside of the Recovery Area. (B) Unless the Committee determines otherwise, this rule provides that pri vate land outside the national forest boundary in the Bitterroot Valley, Montana (exclusion area), is an area where any human/grizzly conflicts will be considered unacceptable. Grizzly bear occupancy will be discouraged in these areas, and grizzly bears will be captured and returned to the Recovery Area. If a grizzly bear enters the exclu sion area, State and Federal wildlife management agencies will attempt to capture it immediately and notify the public of its presence as soon as pos sible. The public will be kept updated until the bear is caught. Further, any grizzly bear that occupies the exclusion area or other inhabited human settle ment areas on private land within the Experimental Population Area that, in the judgment of the management agen cies or Committee, presents a clear threat to human safety or whose be havior indicates that it may become habituated to humans, will be relo cated or destroyed by management agencies. (xiii) Establishing standards for de termining whether the experimental reintroduction has been successful and making recommendations on the inclu sion of such standards in the Grizzly Bear Recovery Plan. These standards will be based on the best scientific and commercial information available and will reflect that, absent extraordinary circumstances, the success or failure of the program cannot be measured in fewer than 20 years. General guidelines for the standards by which failure will be measured include, but are not lim ited to, one or more of the following conditions: (A) If, within the number of years es tablished by the Committee following VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 257 U.S. Fish and Wildlife Serv., Interior § 17.84 initial reintroduction, no relocated grizzly bear remains within the Experi mental Population Area and the rea sons for emigration or mortality can not be identified and/or remedied; or (B) If, within the number of years es tablished by the Committee following initial reintroduction, no cubs of the year or yearlings exist and the relo cated bears are not showing signs of successful reproduction as evidenced by no cubs of the year or yearlings. (xiv) Developing procedures for the expeditious issuance of permits de scribed in paragraphs (l)(5)(iv) and (l)(5)(v) of this section, and making recommendations on such procedures to appropriate agencies. (xv) Developing 2-year work plans for the recovery effort for submittal to the Secretary pursuant to paragraph (l)(11)(i) of this section. (xvi) Establishing, based on the best available science, a refined interim re covery goal for the Bitterroot Eco system Chapter of the Grizzly Bear Re covery Plan and a final recovery goal when sufficient information is avail able and after grizzly bears are reintro duced and occupy suitable habitats in the Experimental Population Area. As this information becomes available, the Committee may recommend the re covery goal to the Secretary along with procedures for determining how this goal will be measured. The recov ery goal for the Bitterroot grizzly bear population will be consistent with the habitat available within the Recovery Area. Additional adjacent areas of pub lic land can be considered for contribu tion of suitable habitat when setting the recovery goal if additional land is shown to be necessary by the best sci entific and commercial data available. Any recommendations for revised re covery goals developed by the Com mittee will require public review and our approval as appropriate prior to re vision of any recovery plan. Grizzly bears outside the Recovery Area and within the Experimental Population Area can contribute to meeting the re covery goal if their long-term occu pancy in such habitats outside the Re covery Area is reasonably certain. (10) What agencies will be responsible for day-to-day management activities? The Idaho Department of Fish and Game, the Montana Department of Fish, Wildlife and Parks, the Nez Perce Tribe, and the Forest Service, in co ordination with us, will exercise day to-day management responsibility within the Experimental Population Area in accordance with this paragaraph (l). The Service and these cooperating agencies will share man agement responsibility as per agree ments with, and in consideration of, recommendations from the Committee. (11) How will progress of the Committee be monitored; and what process will be followed by the Secretary to resolve dis putes over whether Committee actions are leading to recovery? (i) The Secretary or our representative on the Committee will review the Committee’s 2-year work plans (see paragraph (l)(9)(xv) of this section). If the Secretary deter mines, through our representative on the Committee, that the Committee’s decisions, work plans, or the imple mentation of those plans are not lead ing to the recovery of the grizzly bear within the Experimental Population Area or are not in compliance with this paragraph (l), our representative will ask the Committee to determine whether such a decision, plan, or im plementation of a plan is leading to re covery and is in compliance with this paragraph (l). The Secretary, who re tains final responsibility and authority for implementation of the Act, will re view the Committee’s determination, as provided in paragraphs (l)(11)(ii) through (iv) of this section, and then make a final determination. Should the Secretary find that a decision, work plan, or implementation of a plan by the Committee is inadequate for re covery of the grizzly bear or is not in compliance with this paragraph (l), the Secretary may assume lead manage ment responsibility. (ii) The Service representative will consider Committee input before mak ing any determination that Committee actions are not leading to recovery or are not in compliance with this para graph (l). In the event that our rep resentative on the Committee deter mines that the actions of the Com mittee are not leading to recovery of the Bitterroot grizzly bear population or are not in compliance with this VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 258 50 CFR Ch. I (10–1–23 Edition) § 17.84 paragraph (l), he or she will rec ommend to the Committee, based on the best scientific and commercial data available, alternative or corrective ac tions and provide 6 months for the Committee to accomplish those ac tions. Should the Committee reject these corrective actions, our represent ative will convene a Scientific Review Panel of three and will submit to the panel for review those Committee ac tions or decisions that he or she has de termined are not leading to recovery or are not in compliance with this paragrpah (l). The Service representa tive will consider the views of all Com mittee members prior to convening a Scientific Review Panel. (iii) Members of the Scientific Re view Panel will be professional sci entists who have had no involvement with the Committee and are not em ployed by Federal agencies responsible for grizzly bear recovery efforts. The Secretary will select one member of the panel, and the Governors of Idaho and Montana in consultation with the Universities of Idaho and Montana (re spectively), will select one panel mem ber each. The Scientific Review Panel will review Committee actions or deci sions, solicit additional information if necessary and, using the best scientific and commercial data available, make timely recommendations to the Com mittee as to whether Committee ac tions will lead to recovery of the griz zly bear in the Bitterroot ecosystem and are in compliance with paragraph (l). Examples of Committee actions, de cisions, or lack of actions that can be submitted to the Scientific Review Panel include, but are not limited to, the following: sufficiency of public in volvement in Committee activities; de cisions involving sanitation and out reach activities; management of nui sance bears; adequacy of recommenda tions to land and wildlife management agencies; adequacy of Committee ac tions in addressing issues such as ex cessive human-caused grizzly bear mor tality; and other actions important to recovery of the grizzly bear in the Bit terroot ecosystem. Committee compli ance with paragraph (l) provides the basis for the recommendations of the Scientific Review Panel. (iv) If, after timely review, the Com mittee rejects the recommendations of the Scientific Review Panel, and our representative determines that Com mittee actions are not leading to re covery of the Bitterroot population, he or she will notify the Secretary. The Secretary will review the Panel’s rec ommendations and determine the dis position of the Committee. (A) If the Secretary determines that the Committee should maintain lead management responsibility, the Com mittee will continue to operate accord ing to the provisions of this paragraph (l) until the recovery objectives under paragraph (l)(9)(xvi) of this section or the Bitterroot Ecosystem Chapter of the Recovery Plan have been met and the Secretary has completed delisting. (B) If the Secretary decides to as sume lead management responsibility, the Secretary will consult with the Governors of Idaho and Montana re garding that decision and further at tempt to resolve the disagreement. If, after such consultation, the Secretary assumes lead management responsi bility, the Secretary will publish a no tice in the FEDERAL REGISTER explain ing the rationale for the determination and notify the Governors of Idaho and Montana. The Committee will disband, and all requirements identified in this paragraph (l) regarding the Committee will be nullified. (12) How will the Bitterroot grizzly bear population be monitored? The reintro duced population will be monitored closely by Federal and State agencies in cooperation with the Committee for the duration of the recovery process, generally by use of radio telemetry as appropriate. (13) How will success or failure of the project be evaluated? The status of Bit terroot grizzly bear recovery will be re evaluated separately by the Committee and by the Secretary at 5-year inter vals. This review will take into ac count the reproductive success of the grizzly bears released, human-caused mortality, movement patterns of indi vidual bears, food habits, and overall health of the population and will rec ommend changes and improvements in the recovery program. Evaluating VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 259 U.S. Fish and Wildlife Serv., Interior § 17.84 these parameters will assist in deter mining success or failure of the res toration. (14) What process will be followed if the Secretary determines the project has failed? (i) If, based on the criteria es tablished by the Committee, the Sec retary, after consultation with the Committee, the Governors of Idaho and Montana, the Idaho Department of Fish and Game, the Montana Depart ment of Fish, Wildlife and Parks, and the Nez Perce Tribe, determines that the reintroduction has failed to produce a self-sustaining population, this paragraph (l) will not be used to reintroduce additional bears. Any re maining bears will retain their experi mental status. (ii) Prior to declaring the experi mental reintroduction a failure, we will investigate the probable causes of the failure. If the causes can be deter mined, and legal and reasonable reme dial measures identified and imple mented, we will consider continuing the recovery effort and maintaining the relocated population. If such rea sonable measures cannot be identified and implemented, we will publish the results of our evaluation in the FED ERAL REGISTER in a proposed rule making to terminate the authority for additional experimental grizzly bear reintroductions in the Bitterroot eco system. (15) Will the legal status of grizzly bears in the Experimental Population Area change? We do not intend to change the ‘‘nonessential experimental’’ designa tion to ‘‘essential experimental,’’ ‘‘threatened,’’ or ‘‘endangered’’ and foresee no likely situation that would result in such changes. Critical habitat cannot be designated under the non essential experimental classification, 16 U.S.C. 1539(j)(2)(C)(ii). (16) What are the definitions of key terms used in the rule in this paragraph (l)? In addition to terms defined in § 10.12 and 17.3 of this subchapter, the following terms apply to this para graph (l): Accommodate means allowing grizzly bears that move outside the Recovery Area onto public land in the Experi mental Population Area to remain un disturbed unless they demonstrate a real and imminent threat to human safety or livestock. Citizen Management Committee (Com mittee) means that Committee de scribed in paragraph (l)(6) of this sec tion. Current range means the area inside or within 10 miles of the recovery zone line of currently occupied grizzly bear recovery zones or any area where there is a grizzly bear population, as defined in this paragraph (l)(16). Exclusion area (Bitterroot Valley) means those private lands in Montana lying within the Bitterroot Experi mental Population Area in the Bitter root Valley outside the Bitterroot Na tional Forest boundary south of U.S. Highway 12 to Lost Trail Pass and west of Highway 93. Experimental Population Area (Bitter root Grizzly Bear Experimental Popu lation Area) means that area delin eated in paragraph (l)(1) of this section within which management plans devel oped as part of the Committee de scribed in paragraph (l)(9) of this sec tion will be in effect. This area in cludes the Recovery Area. The Experi mental Population Area is within the historic range of the grizzly bear, but geographically separate from the cur rent range of the grizzly bear. Geographically separate means sepa rated by more than 10 miles. The term refers to ‘‘wholly separate geographi cally’’ in section 10(j)(2) of the Act. The Experimental Population Area and the recovery zone boundary of any existing grizzly bear population must be geo graphically separate. Grizzly bear population is defined by verified evidence within the previous 6 years which consists of photos within the area, verified tracks, or sightings by reputable scientists or agency per sonnel of at least two different female grizzly bears with young or one female with different litters in 2 different years in an area geographically sepa rate from other grizzly bear popu lations. Verifiable evidence of females with young, to be geographically sepa rate, would have to occur greater than 10 miles from the nearest nonexperi mental grizzly bear population recov ery zone boundary. Opportunistic, noninjurious harassment means harassment (see definition of VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 260 50 CFR Ch. I (10–1–23 Edition) § 17.84 ‘‘harass’’ in § 17.3) that occurs when the grizzly bear presents itself (for exam ple, the bear travels onto and is ob served on private land or near live stock). This paragraph (l) permits only this type of harassment. You cannot track, attract, search out, or chase a grizzly bear and then harass it. Any harassment must not cause bodily in jury or death to the grizzly bear. The intent of harassment permitted by this definition is to scare bears away from the immediate area. Recovery Area (Bitterroot Grizzly Bear Recovery Area) means the area of recovery emphasis within the Experi mental Population Area, and is delin eated in paragraph (l)(2) of this section. This area consists of the Selway-Bit terroot and Frank Church-River of No Return Wilderness areas. The Recovery Area is within the historic range of the species. Recovery emphasis means grizzly bear management decisions in the Recovery Area will favor bear recovery so that this area can serve as core habitat for survival, reproduction, and dispersal of the recovering population. Reintroduc tion of grizzly bears is planned to occur within the Selway-Bitterroot Wilder ness portion of the Recovery Area un less it is later determined that reintro duction in the Frank Church-River of No Return Wilderness is appropriate. Unavoidable and unintentional take means accidental, unintentional take (see definition of take in § 10.12 of this subchapter) that occurs despite reason able care, is incidental to an otherwise lawful activity, and is not done on pur pose. An example would be striking a grizzly bear with an automobile. Tak ing a grizzly bear by shooting will not be considered unavoidable and uninten tional take. Shooters have the respon sibility to be sure of their targets. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 261 U.S. Fish and Wildlife Serv., Interior § 17.84 (m) Spotfin chub (=turquoise shiner) (Erimonax monachus)—(1) Where is the spotfin chub designated as a nonessential experimental population (NEP)? We have designated three populations of this species as NEPs: the Tellico River NEP, the Shoal Creek NEP, and the French Broad River and Holston River NEP. This species is not currently known to exist in the Tellico River or its tributaries, the Shoal Creek or its tributaries, or any of the tributaries to the free-flowing reaches of the French Broad River below Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 17 N O 00 .0 08 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 262 50 CFR Ch. I (10–1–23 Edition) § 17.84 Counties, Tennessee. Based on its habi tat requirements, we do not expect this species to become established outside the NEP areas. However, if individuals move upstream or downstream or into tributaries outside any of the des ignated NEP areas, we would presume that those individuals came from the closest reintroduced population. We would then amend this regulation and enlarge the boundaries of the NEP area to include the entire range of the ex panded population. (i) The Tellico River NEP area is within the species’ probable historic range and is defined as follows: The Tellico River, between the backwaters of the Tellico Reservoir (approximately Tellico River mile 19 (30.4 kilometers (km)) and Tellico River mile 33 (52.8 km), near the Tellico Ranger Station, Monroe County, Tennessee. (ii) The Shoal Creek NEP area is within the species’ historic range and is defined as follows: Shoal Creek (from Shoal Creek mile 41.7 (66.7 km)) at the mouth of Long Branch, Lawrence County, TN, downstream to the back waters of Wilson Reservoir (Shoal Creek mile 14 (22 km)) at Goose Shoals, Lauderdale County, AL, including the lower 5 miles (8 km) of all tributaries that enter this reach. (iii) The French Broad River and Holston River NEP area is within the species’ historic range and is defined as follows: the French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, Ten nessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. (iv) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (m)(3) of this sec tion, all the provisions of § 17.31(a) and (b) apply to the spotfin chub. (ii) Any manner of take not described under paragraph (m)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of this species to the appropriate authorities for pros ecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (m)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (m)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? (i) In the Tellico River NEP area, we will prepare periodic progress reports and fully evaluate these reintroduction efforts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (ii) In the Shoal Creek NEP area, after the initial stocking of fish, we will monitor annually their presence or absence and document any spawning behavior or young-of-the-year fish that might be present. This monitoring will be conducted primarily by snorkeling or seining and will be accomplished by contracting with the appropriate spe cies experts. We will produce annual re ports detailing the stocking rates and monitoring activities that took place during the previous year. We will also fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (iii) In the Lower French Broad and Lower Holston Rivers NEP area, after the initial stocking of these species, we will monitor annually their presence or absence and document any spawning behavior or young-of-the-year that VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 263 U.S. Fish and Wildlife Serv., Interior ยง 17.84 might be present. This monitoring will be conducted primarily by snorkeling or seining and will be accomplished by contracting with the appropriate spe cies experts. Annual reports will be produced detailing the stocking rates and monitoring activities that took place during the previous year. We will also fully evaluate these reintroduc tion efforts after 5 and 10 years to de termine whether to continue or termi nate the reintroduction efforts. (5) Note: Map of the Tellico River NEP area for spotfin chub, dusky dart er, smoky madtom, and yellowfin madtom in Tennessee follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00273 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 13 S E 07 .0 00 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 264 50 CFR Ch. I (10–1–23 Edition) § 17.84 (6) Note: Map of the Shoal Creek NEP area for spotfin chub and boulder dart er in Tennessee and Alabama follows: (7) Note: Map of the French Broad River and Holston River NEP area for spotfin chub, slender chub, duskytail VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 13 S E 07 .0 01 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 265 U.S. Fish and Wildlife Serv., Interior ยง 17.84 darter, pygmy madtom, and yellowtail madtom in Tennessee follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 13 S E 07 .0 02 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 266 50 CFR Ch. I (10–1–23 Edition) § 17.84 (n) [Reserved] (o) Boulder darter (Etheostoma wap iti). (1) Where is the boulder darter des ignated as a nonessential experimental population (NEP)? (i) The NEP area for the boulder darter is within the spe cies’ historic range and is defined as follows: Shoal Creek (from Shoal Creek mile 41.7 (66.7 km)) at the mouth of Long Branch, Lawrence County, TN, downstream to the backwaters of Wil son Reservoir (Shoal Creek mile 14 (22 km)) at Goose Shoals, Lauderdale County, AL, including the lower 5 miles (8 km) of all tributaries that enter this reach. (ii) The boulder darter is not cur rently known to exist in Shoal Creek or its tributaries. Based on the habitat requirements of this fish, we do not ex pect it to become established outside the NEP area. However, if any individ uals of the species move upstream or downstream or into tributaries outside the designated NEP area, we would pre sume that they came from the reintro duced population. We would then amend this rule through our normal rulemaking process in order to enlarge the boundaries of the NEP area to in clude the entire range of the expanded population. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (o)(3) of this sec tion, all the provisions of § 17.31(a) and (b) apply to the boulder darter. (ii) Any manner of take not described under paragraph (o)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of these spe cies to the appropriate authorities for prosecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (o)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (o)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? After the initial stocking of fish, we will monitor annually their presence or absence and document any spawning behavior or young-of-the-year fish that might be present. This monitoring will be con ducted primarily by snorkeling or seining and will be accomplished by contracting with the appropriate spe cies experts. We will produce annual re ports detailing the stocking rates and monitoring activities that took place during the previous year. We will also fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area for the boulder darter in the Shoal Creek, Ten nessee and Alabama, appears imme diately following paragraph (m)(6) of this section. (p) Northern aplomado falcon (Falco femoralis septentrionalis). (1) The north ern aplomado falcon (Falco femoralis septentrionalis) (falcon) population identified in paragraph (p)(9)(i) of this section is a nonessential experimental population (NEP). (2) No person may take this species, except as provided in paragraphs (p)(3) through (5) and (p)(10) of this section. (3) Any person with a valid permit issued by the U.S. Fish and Wildlife Service (Service) under § 17.32 may take falcons for educational purposes, sci entific purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other con servation purposes consistent with the Endangered Species Act (Act); (4) A falcon may be taken within the NEP area, provided that such take is not willful, knowing, or due to neg ligence, or is incidental to and not the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 267 U.S. Fish and Wildlife Serv., Interior § 17.84 purpose of the carrying out of an other wise lawful activity; and that such tak ing is reported within 24 hours, as pro vided under paragraph (p)(6) of this sec tion. (5) Any employee of the Service, New Mexico Department of Game and Fish, or Arizona Game and Fish Department, who is designated for such purpose, or any person with a valid permit issued by the Service under 50 CFR 17.32, may, when acting in the course of official duties, take a falcon if such action is necessary to: (i) Aid a sick, injured, or orphaned specimen; (ii) Dispose of a dead specimen, or salvage a dead specimen that may be useful for scientific study; (iii) Move a bird within the NEP area for genetic purposes or to improve the health of the population; (iv) Relocate falcons that have moved outside the NEP area, by re turning the falcon to the NEP area or moving it to a captive breeding facil ity. All captures and relocations from outside the NEP area will be conducted with the permission of the land owner(s) or appropriate land manage ment agencies; or (v) Collect nesting data or band indi viduals. (6) Any taking pursuant to para graphs (p)(3) through (5) of this section must be reported within 24 hours by contacting the U.S. Fish and Wildlife Service, New Mexico Ecological Serv ices Field Office, 2105 Osuna NE, Albu querque, NM 87113; (505) 346–2525. Upon contact, a determination will be made as to the disposition of any live or dead specimens. (7) No person shall possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any such species taken in violation of these regulations. (8) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to be committed, any offense defined in paragraphs (p)(2) and (p)(7) of this section. (9)(i) The boundaries of the des ignated NEP area are based on county borders and include the entire States of New Mexico and Arizona. The reintro duction area is within the historical range of the species in New Mexico. (ii) All falcons found in the wild within the boundaries of the NEP area after the first releases will be consid ered members of the NEP. A falcon oc curring outside of the NEP area is con sidered endangered under the Act un less it is marked or otherwise known to be a member of the NEP. (iii) The Service has designated the NEP area to accommodate the poten tial future movements of a wild popu lation of falcons. All released birds and their progeny are expected to remain in the NEP area due to the geographic extent of the designation. (10) The NEP will be monitored close ly for the duration of the reintroduc tion program. Any bird that is deter mined to be sick, injured, or otherwise in need of special care will be recap tured to the extent possible by Service and/or State or permitted Tribal wild life personnel and given appropriate care. Such birds will be released back to the wild as soon as possible, unless physical or behavioral problems make it necessary to return them to a cap tive-breeding facility or they are euthanized if treatment would be un likely to be effective. (11) The Service plans to evaluate the status of the NEP every 5 years to de termine future management status and needs, with the first evaluation ex pected to be not more than 5 years after the first release of birds into the NEP area. All reviews will take into account the reproductive success and movement patterns of individuals re leased, food habits, and overall health of the population. This evaluation will include a progress report. (q) Duskytail darter (Etheostoma percnurum). (1) Where is the duskytail darter designated as a nonessential exper imental population (NEP)? We have des ignated two populations of this species as NEPs: The Tellico River NEP and the French Broad River and Holston River NEP. This species is not cur rently known to exist in the Tellico River or its tributaries or in any of the tributaries to the free-flowing reaches of the French Broad River below Doug las Dam, Knox and Sevier Counties, Tennessee, or of the Holston River below the Cherokee Dam, Knox, VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 268 50 CFR Ch. I (10–1–23 Edition) § 17.84 Grainger, and Jefferson Counties, Ten nessee. Based on its habitat require ments, we do not expect this species to become established outside these NEP areas. However, if individuals move up stream or downstream or into tribu taries outside either of the designated NEP areas, we would presume that these individuals came from the re introduced population. We would then amend this rule and enlarge the bound aries of the NEP area to include the en tire range of the expanded population. (i) The Tellico River NEP area is within the species’ historic range and is defined as follows: The Tellico River, between the backwaters of the Tellico Reservoir (approximately Tellico River mile 19 (30.4 kilometers) and Tellico River mile 33 (52.8 kilometers), near the Tellico Ranger Station, Monroe County, Tennessee. (ii) The French Broad River and Holston River NEP area is within the species’ historic range and is defined as follows: the French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, Ten nessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (q)(3) of this sec tion, all the prohibitions of § 17.31(a) and (b) apply to the duskytail darter. (ii) Any manner of take not described under paragraph (q)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of this species to the appropriate authorities for pros ecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (q)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (q)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area for the duskytail darter in the Tellico River, Tennessee, appears immediately fol lowing paragraph (m)(5) of this section. (6) Note: Map of the NEP area for the duskytail darter in the French Broad River and Holston River, Tennessee, appears immediately following para graph (m)(7) of this section. (r) Smoky madtom (Noturus baileyi). (1) Where is the smoky madtom designated as a nonessential experimental population (NEP)? (i) The NEP area for the smoky madtom is within the species’ probable historic range and is defined as follows: The Tellico River, between the back waters of the Tellico Reservoir (ap proximately Tellico River mile 19 (30.4 kilometers) and Tellico River mile 33 (52.8 kilometers), near the Tellico Ranger Station, Monroe County, Ten nessee. (ii) The smoky madtom is not cur rently known to exist in the Tellico River or its tributaries. Based on the habitat requirements of this fish, we do not expect it to become established outside the NEP area. However, if any individuals of the species move up stream or downstream or into tribu taries outside the designated NEP area, we would presume that they came from the reintroduced population. We would then amend paragraph (r)(1)(i) of this VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 269 U.S. Fish and Wildlife Serv., Interior § 17.84 section and enlarge the boundaries of the NEP area to include the entire range of the expanded population. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (r)(3) of this sec tion, all the prohibitions of § 17.31(a) and (b) apply to the smoky madtom. (ii) Any manner of take not described under paragraph (r)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of this species to the appropriate authorities for pros ecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (r)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (r)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area for the smoky madtom in the Tellico River, Tennessee, appears immediately fol lowing paragraph (m)(6) of this section. (s) Slender chub (Erimystax cahni). (1) Where is the slender chub designated as a nonessential experimental population (NEP)? (i) The NEP area for the slender chub is within the species’ historic range and is defined as follows: the French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. (ii) The slender chub is not known to exist in any of the tributaries to the free-flowing reaches of the French Broad River below Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties, Tennessee. Based on its habi tat requirements, we do not expect this species to become established outside this NEP area. However, if individuals of this population move upstream or downstream or into tributaries outside the designated NEP area, we would pre sume that they came from the reintro duced population. We would then amend this regulation to enlarge the boundaries of the NEP area to include the entire range of the expanded popu lation. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (s)(3) of this sec tion, all the prohibitions of § 17.31(a) and (b) apply to the slender chub. (ii) Any manner of take not described under paragraph (s)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of this species to the appropriate authorities for pros ecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (s)(2) of this section or in violation of the applicable State fish VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 270 50 CFR Ch. I (10–1–23 Edition) § 17.84 and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (s)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area for the slender chub in the French Broad River and Holston River, Tennessee, appears immediately following paragraph (m)(7) of this section. (t) Pygmy madtom (Noturus stanauli). (1) Where is the pygmy madtom des ignated as a nonessential experimental population (NEP)? (i) The NEP area for the pygmy madtom is within the species’ historic range and is defined as follows: the French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. (ii) The pygmy madtom is not known to exist in any of the tributaries to the free-flowing reaches of the French Broad River below Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties, Tennessee. Based on its habi tat requirements, we do not expect this species to become established outside this NEP area. However, if individuals of this population move upstream or downstream or into tributaries outside the designated NEP area, we would pre sume that they came from the reintro duced population. We would then amend this regulation to enlarge the boundaries of the NEP area to include the entire range of the expanded popu lation. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (t)(3) of this sec tion, all the prohibitions of § 17.31(a) and (b) apply to the pygmy madtom. (ii) Any manner of take not described under paragraph (t)(3) of this section is prohibited in the NEP area. We may refer unauthorized take of this species to the appropriate authorities for pros ecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (t)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (t)(2) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area for the pygmy madtom in the French Broad River and Holston River, Tennessee, appears immediately following para graph (m)(7) of this section. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 271 U.S. Fish and Wildlife Serv., Interior § 17.84 (u) Rio Grande silvery minnow (Hybognathus amarus)—(1) Where are populations of this fish designated as nonessential experimental populations (NEP)? (i) The NEP area for the Rio Grande silvery minnow is within the species’ historical range and is defined as fol lows: Rio Grande, from Little Box Can yon downstream of Fort Quitman, Hudspeth County, Texas, through Big Bend National Park and the Rio Grande Wild and Scenic River, to Amistad Dam; and on the Pecos River, from its confluence with Independence Creek to its confluence with the Rio Grande. (ii) The Rio Grande silvery minnow is not currently known to exist in the Rio Grande or Pecos River in Texas. Based on the habitat requirements of this fish, we do not expect it to become es tablished outside the NEP area. How ever, if any individuals of this species move upstream or downstream or into tributaries outside the designated NEP area, we would presume that they came from the reestablished populations. We would then amend paragraph (u)(1)(i) of this section to enlarge the boundaries of the NEP to include the entire range of the expanded population. (iii) We do not intend to change the NEP designation to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What take is allowed of this species in the NEP area? (i) A Rio Grande sil very minnow may be taken within the NEP area, provided that such take is either not willful, knowing, or due to negligence, or is incidental to and not the purpose of the carrying out of an otherwise lawful activity, such as recreation (e.g., fishing, boating, wad ing, trapping, or swimming), agri culture, and other activities that are in accordance with Federal, State, and local laws and regulations. However, Federal agencies, must consult under section 7 of the Act on their activities that may affect the Rio Grande silvery minnow within Big Bend National Park or the Wild and Scenic River. (ii) Any person with a valid permit issued by the U.S. Fish and Wildlife Service (Service) under 50 CFR 17.32 may take Rio Grande silvery minnows for educational purposes, scientific purposes, the enhancement of propaga tion or survival of the species, zoolog ical exhibition, and other conservation purposes consistent with the Act; (iii) Any taking pursuant to para graph (u)(2)(i) of this section must be reported within 7 days by contacting the Service, Austin Ecological Services Field Office, 107011 Burnet Road, Suite 200, Austin, TX 78758; (512) 490-0057. Once the Service is contacted, a deter mination will be made as to the dis position of any live or dead specimens. Reporting requirements for take pursu ant to paragraph (u)(2)(ii) of this sec tion will be specifically defined in the permit issued by the Service. (3) What take of this species is not al lowed in the NEP area? (i) Except as ex pressly allowed in paragraph (u)(2) of this section, all the provisions of 50 CFR 17.31(a) and (b) apply to the fish identified in paragraph (u)(1) of this section. (ii) Any manner of take not described under paragraph (u)(2) of this section is prohibited in the NEP area. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in violation of paragraph (u)(3) of this section or in violation of the applicable State or local fish and wildlife laws or regula tions or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (u)(3) of this section. (4) How will the effectiveness of the re establishment be monitored? (i) After the initial stocking of this fish, we will monitor their presence or absence at least annually and document any spawning behavior or young-of-year fish that might be present. Depending on available resources, monitoring may occur more frequently, especially dur ing the first few years of reestablish ment efforts. This monitoring will be conducted primarily by seining and will be accomplished by Service, Na tional Park Service, or State employ ees or by contracting with the appro priate species experts. Annual reports VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 272 50 CFR Ch. I (10–1–23 Edition) § 17.84 will be produced detailing stocking and monitoring activities that took place during the previous year. (ii) The Service will fully evaluate these reestablishment efforts every 5 years to determine whether to con tinue or terminate them. (iii) Note: Map of the NEP area for the Rio Grande silvery minnow in Texas follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00282 Fmt 8010 Sfmt 8006 Y:\SGML\259237.XXX 259237 E R 08 D E 08 .0 00 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 273 U.S. Fish and Wildlife Serv., Interior § 17.84 (v) Sonoran pronghorn (Antilocapra americana sonoriensis). (1) The Sonoran pronghorn (Antilocapra americana sonoriensis) population identified in paragraph (v)(12) of this section is a nonessential experimental population (NEP). (2) No person may take this species, except as provided in paragraphs (v)(3) through (v)(6) of this section. (3) Any person with a valid permit issued by the U.S. Fish and Wildlife Service under § 17.32 may take pronghorn within the NEP area for sci entific purposes, the enhancement of propagation or survival of the species, and other conservation purposes con sistent with the Endangered Species Act. (4) A Sonoran pronghorn may be taken within the boundaries of Yuma Proving Grounds; Barry M. Goldwater Range; lands of the Arizona State Land Department; Bureau of Land Manage ment lands; privately owned lands; and lands of the Tohono O’odham Nation, Colorado River Indian Tribes, Gila River Indian Reservation, Ak-Chin In dian Reservation, Pascua Yaqui Indian Reservation, and San Xavier Reserva tion within the NEP area, provided that such take is incidental to, and not the purpose of, carrying out any other wise lawful activity; and provided that such taking is reported as soon as pos sible in accordance with paragraph (v)(6) of this section. Otherwise lawful activities are any activities in compli ance with applicable land management regulations, hunting regulations, tribal law, and all other applicable law and regulations, and include, but are not limited to, military training and test ing, border security and enforcement carried out by Federal law enforcement officials (e.g., U.S. Customs and Border Protection), agriculture, rural and urban development, livestock grazing, camping, hiking, hunting, recreational vehicle use, sightseeing, nature or sci entific study, rockhounding, and geocaching, where such activities are permitted. (5) Any employee or agent of the U.S. Fish and Wildlife Service, the Arizona Department of Game and Fish, and the tribes listed in paragraph (v)(4) of this section, who is designated for such pur pose may, when acting in the course of official duties, take a Sonoran pronghorn if such action is necessary to: (i) Aid a sick, injured, or orphaned Sonoran pronghorn, including rescuing such animals from canals; (ii) Dispose of a dead Sonoran pronghorn specimen, or salvage a dead specimen that may be useful for sci entific study; (iii) Move a Sonoran pronghorn for genetic purposes or to improve the health of the population; or (iv) Capture and release a Sonoran pronghorn for relocation, to collect bi ological data, or to attach, service, or detach radio-telemetry equipment. (6) Any taking pursuant to para graphs (v)(3) through (v)(5) of this sec tion must be reported as soon as pos sible by calling the U.S. Fish and Wild life Service, Arizona Ecological Serv ices Office, 201 N Bonita Avenue, Suite 141, Tucson, AZ 85745 (520/670–6150), or the Cabeza Prieta National Wildlife Refuge, 1611 North Second Avenue, Ajo, AZ 85321 (520/387–6483). Upon contact, a determination will be made as to the disposition of any live or dead speci mens. (7) No person may possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever, any Sonoran pronghorn or Sonoran pronghorn parts taken in violation of these regulations. (8) It is unlawful for any person to at tempt to commit, solicit another to commit, or cause to be committed, any offense defined in paragraphs (v)(2) and (7) of this section. (9) The boundaries of the designated NEP area are based on the maximum estimated range of pronghorn that are released in and become established within the NEP area. These boundaries are physical barriers to movements, in cluding major freeways and highways, and the Colorado River. All release sites will be within the NEP area. (i) All Sonoran pronghorn found in the wild within the boundaries of the NEP area will be considered members of the NEP. Any Sonoran pronghorn occurring outside of the NEP area are considered endangered under the Act. (ii) The Service has designated the NEP area to accommodate the poten tial future movements of wild Sonoran VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 274 50 CFR Ch. I (10–1–23 Edition) § 17.84 pronghorn. All released Sonoran pronghorn and their progeny are ex pected to remain in the NEP area due to the geographical extent of the des ignation and substantial barriers to movement that form the boundaries of the NEP. (10) The NEP will be monitored close ly for the duration of the program. Any pronghorn that is determined to be sick, injured, or otherwise in need of special care will be recaptured to the extent possible by Service and/or State or Tribal wildlife personnel or their designated agent and given appropriate care. Such pronghorn will be released back to the wild as soon as possible, unless physical or behavioral problems make it necessary to return them to a captive-breeding facility. (11) The Service plans to evaluate the status of the NEP every 5 years to de termine future management status and needs, with the first evaluation occur ring not more than 5 years after the first release of pronghorn into the NEP area. All reviews will take into account the reproductive success and move ment patterns of individuals released, food habits, and overall health of the population. This evaluation will in clude a progress report. (12) The areas covered by this pro posed nonessential experimental popu lation designation are in Arizona. They include the area north of Interstate 8 and south of Interstate 10, bounded by the Colorado River on the west and Interstate 10 on the east, and an area south of Interstate 8, bounded by High way 85 on the west, Interstates 10 and 19 on the east, and the U.S.-Mexico bor der on the south. (13) Note: Map of the NEP area for the Sonoran pronghorn in southwestern Arizona follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 275 U.S. Fish and Wildlife Serv., Interior § 17.84 (w) Bull Trout (Salvelinus confluentus)—(1) Where are populations of this fish designated as nonessential ex perimental populations (NEPs)? (i) The NEP area for the bull trout is within the species’ historical range and is defined as follows: the entire Clackamas River subbasin as well as VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 05 M Y 11 .1 28 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 276 50 CFR Ch. I (10–1–23 Edition) § 17.84 the mainstem Willamette River, from Willamette Falls to its points of con fluence with the Columbia River, in cluding Multnomah Channel. (ii) Bull trout are not currently known to exist in the Clackamas River subbasin or the mainstem Willamette River, from Willamette Falls to its points of confluence with the Columbia River, including Multnomah Channel, in Oregon. Should any bull trout be found in the Willamette River within the NEP boundary, the U.S. Fish and Wildlife Service (Service) will assume the fish to be part of the reintroduced population, unless the fish is tagged or otherwise known to be from another population. Given the presence of suit able overwintering and forage habitat in the upper portion of the Clackamas River, as well as the geographic dis tance from spawning and rearing habi tat in the upper Clackamas River to any overwintering and foraging habitat in the lower Clackamas and Willamette Rivers, we do not expect the reintro duced fish to become established out side the NEP. Bull trout found outside of the NEP boundary, but known to be part of the NEP, will assume the status of bull trout within the geographic area in which they are found. (iii) We do not intend to change the NEP designation to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for the NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What take is allowed of this species in the NEP area? (i) Bull trout may be taken within the NEP area, provided that such take is: (A) Not willful, knowing, or due to negligence. (B) Incidental to and not the purpose of carrying out an otherwise lawful ac tivity, such as recreation (e.g., fishing, boating, wading, trapping, or swim ming), agriculture, hydroelectric power generation, and other activities that are in accordance with Federal, State, Tribal, and local laws and regulations. (C) Consistent with Oregon Depart ment of Fish and Wildlife (ODFW) fish ing regulations that have been coordi nated with the Service, if due to fish ing. (D) Incidental to any activities re lated to or associated with the oper ation and maintenance of the Clackamas River Hydroelectric Project (FERC Project No. 2195) by Portland General Electric (PGE) as administered under a license issued by FERC. Ac ceptable forms of taking of bull trout include, but are not limited to, mor tality, stranding, injury, impingement and entrainment at project facilities, or delay in up- or downstream passage associated with or caused by any of the following activities. Activities related to the operation and maintenance of Project 2195 include, but are not lim ited to: (1) Hydroelectric generation at any project facility; (2) Maintenance of project facilities; (3) Provision of upstream and down stream fish passage, whether through fish passage facilities, powerhouses, by pass facilities, bypass reaches, or spill ways; (4) Fish handling at fish separation and counting facilities; (5) Fish removal from fish passage fa cilities and areas critical to down stream migrant passage testing at the time of testing (Bull trout removed for this testing do not need to be returned to the Clackamas River subbasin.); (6) Fish conservation activities; (7) Fish handling, tagging, and sam pling in connection with FERC-ap proved studies; and (8) Approved resource protection, mitigation, and enhancement meas ures. (E) Consistent with the adaptive management process identified for this project including: (1) The targeted relocation or pos sible removal of bull trout by the Serv ice or our project partners, if bull trout are documented staging at the en trance to, within, or below, juvenile fish passage facilities within the Clackamas Hydroelectric Project; and (2) Discontinuation of the reintroduc tion project and complete removal of bull trout from the Clackamas River if the Service determines, in consultation and coordination with the State of Or egon, NMFS, and other project part ners, and based on project monitoring and evaluation, that the reintroduction VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 277 U.S. Fish and Wildlife Serv., Interior § 17.84 efforts cannot be carried out in a man ner consistent with the recovery of threatened salmon and steelhead. (ii) Any person with a valid permit issued by the Service under § 17.32 and a valid State permit issued by ODFW may take bull trout for educational purposes, scientific purposes, the en hancement of propagation or survival of the species, zoological exhibition, and other conservation purposes con sistent with the Act. (3) What take of this species is not al lowed in the NEP area? (i) Except as ex pressly allowed in paragraph (w)(2) of this section, all the provisions of § 17.31(a) and (b) apply to the fish iden tified in paragraph (w)(1) of this sec tion. (ii) Any manner of take not described under paragraph (w)(2) of this section or Oregon Revised Statute (ORS) 498.002 and Oregon Angling Regulations pursuant to ORS 498.002 is prohibited in the NEP area. Should State statutes or regulations change, take prohibitions will change accordingly. Any changes to State recreational fishing regula tions pertaining to the experimental population of bull trout in the Clackamas River subbasin will be made by the State in collaboration with the Service. We may refer unauthorized take of this species to ODFW law en forcement authorities or Service law enforcement authorities for prosecu tion. (iii) A person may not possess, sell, deliver, carry, transport, ship, import, or export by any means whatsoever any of the identified fishes, or parts thereof, that are taken or possessed in a manner not expressly allowed in paragraph (w)(2) of this section, or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) A person may not attempt to commit, solicit another to commit, or cause to be committed any offense ex cept the take expressly allowed in paragraph (w)(2) of this section. (4) How will the effectiveness of the re establishment be monitored? (i) Effective ness monitoring of the project will be conducted jointly by the Service and ODFW, with assistance from the U.S. Forest Service (USFS) and PGE. (ii) We will monitor the effectiveness of the reintroduction during phase 1 of the project (2011–2017) by annually as sessing: Distribution and movement, relative survival of translocated bull trout via presence and absence surveys, occurrence of spawning and reproduc tion, and genetic health, as measured against the donor population. These monitoring objectives will be accom plished by methodologies that include Passive Integrated Transponder (PIT) tagging of all fish translocated to the Clackamas River, radio tagging of the adult and subadult life stages, snorkel surveys, redd surveys, and minnow trapping. (iii) If successful reproduction of re introduced bull trout is detected, we will incorporate monitoring to assess the distribution, movement, growth, and survival of the initial cohorts of naturally produced bull trout. (iv) Monitoring activities in phase 2 (2018–2024) and phase 3 (2025–2030) will be informed by phase 1 monitoring and evaluation. (v) Annual reports that summarize the implementation and monitoring activities that occurred the previous year will be collaboratively developed by the Service, ODFW, and USFS. (vi) We will evaluate the implemen tation strategy annually, and we will evaluate the reestablishment effort at the completion of phase 1 to determine whether to continue translocation of bull trout in phase 2. (5) What safeguards are in place to en sure the protection of Federally listed salmon and steelhead in the NEP area? (i) In consultation and coordination with the National Marine Fisheries Service (NMFS) and other project partners, we have developed a plan to facilitate management decisions associated with potential impacts from the bull trout reintroduction on listed anadromous salmonids. If specific bull trout and/or anadromous salmonid thresholds are triggered, we will follow the planned management actions to minimize im pacts to salmon and steelhead from the reintroduction of bull trout in the Clackamas River. (ii) Our management actions imple mented and the frequency of those ac tions, will be informed by: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 278 50 CFR Ch. I (10–1–23 Edition) § 17.84 (A) The reintroduction project’s mon itoring and evaluation program, jointly implemented by the Service, ODFW, and USFS; and (B) The conservation status of the listed Clackamas River anadromous salmonid populations. (iii) Because we cannot predict all likely impact scenarios and appro priate management responses, we will modify our plan as necessary, in con sultation and coordination with NMFS, ODFW, and other project partners, con sistent with the overall adaptive man agement of the project. (iv) Although our analysis indicates a low likelihood for population-level im pacts to Federally listed salmon and steelhead populations, if the Service determines, in consultation and coordi nation with the State of Oregon, NMFS, and other project partners, and based on project monitoring and eval uation, that the reintroduction efforts are not consistent with the recovery of salmon or steelhead, the reintroduc tion program will be discontinued and bull trout will be removed from the ex perimental population area. (v) Prior to releasing bull trout into the Clackamas River, the Service will complete any required interagency co operation with NMFS pursuant to sec tion 7(a)(2) of the Act. (6) Note: Map of the NEP area for bull trout in Oregon follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 279 U.S. Fish and Wildlife Serv., Interior ยง 17.84 (x) Wood bison (Bison bison athabascae). (1) Wood bison within the area identified in paragraph (x)(2)(i) of this section are members of a non essential experimental population (NEP) and will be managed primarily by the State of Alaska (State), through its Department of Fish and Game (ADF&G), in cooperation with the Service, in accordance with this rule and the respective management plans. (2) Where are wood bison in Alaska des ignated as an NEP? (i) The boundaries of the NEP area encompass the Yukon, Tanana, and Kuskokwim River drainages in Alaska VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 21 JN 11 .0 26 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 280 50 CFR Ch. I (10–1–23 Edition) § 17.84 (Figure 1). The NEP area includes much of the wood bison’s historical range in Alaska, and the release sites are within the species’ historical range. The NEP area is defined as follows: the Yukon River drainage from the United States–Canada border downstream to its mouth; the Tanana River drainage from the United States–Canada border downstream to its confluence with the Yukon River; and the Kuskokwim River drainage from its headwaters downstream to its mouth at the Bering Sea. (ii) Any wood bison found within the Alaska wood bison NEP area will be considered part of the NEP. The bison will be managed by the State to pre vent establishment of any population outside the NEP area. (3) Under what circumstances might an Alaska wood bison NEP be eliminated? (i) We do not anticipate eliminating all individuals within an Alaska wood bison NEP unless: (A) The State deems the reintroduc tion efforts a failure or most members of reintroduced populations have dis appeared for any reason; (B) Monitoring of wood bison in Alas ka indicates appreciable harm to other VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 07 M Y 14 .0 02 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 281 U.S. Fish and Wildlife Serv., Interior § 17.84 native wildlife, such as the introduc tion of disease or other unanticipated environmental consequences associated with their presence; or (C) Legal or statutory changes reduce or eliminate the State’s ability to com plete the restoration effort as designed and intended in its management plans, with the management flexibility and protection of other land uses (including other resource development) provided in this NEP designation. (ii) If any of the circumstances listed in paragraph (x)(3)(i) of this section occur, some or all wood bison may be removed from the wild in Alaska by any method deemed practicable by the State, including lethal removal. If the reintroduction of wood bison under this nonessential experimental designation is discontinued for any reason and no action is taken by the Service and the State to change the designation, all re maining wood bison in Alaska will re tain their NEP status. (4) Which agency is the management lead for wood bison in Alaska? The Alas ka Department of Fish and Game will have primary responsibility for leading and implementing the wood bison res toration effort, in cooperation with the Service, and will keep the Service ap prised of the status of the effort on an ongoing basis. The Service will retain responsibility for ensuring compliance with all provisions of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), including compli ance with section 7 for actions occur ring on National Wildlife Refuge and National Park Service lands. (5) What take of wood bison is allowed in the NEP area? In the following in stances, wood bison may be taken in accordance with applicable State fish and wildlife conservation laws and reg ulations: (i) Hunting will be an allowed take based on sustained yield principles as established by ADF&G. (ii) A wood bison may be taken with in the NEP area, provided that such take is not willful, knowing, or due to negligence, or is incidental to and not the purpose of the carrying out of an otherwise lawful activity, including but not limited to recreation (e.g., trapping, hiking, camping, or shooting activities); forestry; agriculture; oil and gas exploration and development and associated activities; construction and maintenance of roads or railroads, buildings, facilities, energy projects, pipelines, and transmission lines of any kind; mining; mineral exploration; travel by any means, including vehi cles, watercraft, snow machines, or air craft; tourism; and other activities that are in accordance with Federal, State, and local laws and regulations and specific authorizations. Such con duct is not considered intentional or ‘‘knowing take’’ for purposes of this regulation, and neither the Service nor the State will take legal action for such conduct. Any cases of ‘‘knowing take’’ will be referred to the appro priate authorities for prosecution. (iii) Any person with a valid permit issued by the Service under 50 CFR 17.32 or by ADF&G may take wood bison for educational purposes, sci entific purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other con servation purposes consistent with the ESA. Additionally, any employee or agent of the Service or ADF&G des ignated for such purposes, acting in the course of official duties, may take a wood bison if such action is necessary: (A) For scientific purposes; (B) To relocate a wood bison to avoid conflict with human activities; (C) To relocate a wood bison if nec essary to protect the wood bison; (D) To relocate wood bison within the NEP area to improve wood bison sur vival and recovery prospects or for ge netic purposes; (E) To relocate wood bison from one population in the NEP area into an other, or into captivity; (F) To relocate wood bison that have moved outside the NEP area back into the NEP area or remove them; (G) To aid or euthanize a sick, in jured, or orphaned wood bison; (H) To dispose of a dead wood bison, or salvage a dead wood bison for sci entific purposes; or (I) To aid in law enforcement inves tigations involving wood bison. (iv) Any person may take a wood bison in defense of the individual’s life or the life of another person. The Serv ice, the State, or our designated agent(s) may also promptly remove VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 282 50 CFR Ch. I (10–1–23 Edition) § 17.85 any wood bison that the Service, the State, or our designated agent(s) deter mine to be a threat to human life or safety. Any such taking must be re ported within 24 hours to the location identified in paragraph (x)(5)(vi) of this section. (v) In connection with otherwise law ful activities, including but not limited to the use and development of land, provided at paragraph (x)(5)(ii) of this section, the Federal Government, the State, municipalities of the State, other local governments, Native Amer ican Tribal Governments, and all land owners and their employees or author ized agents, tenants, or designees may harass wood bison in the areas defined in paragraph (x)(2)(i) of this section, provided that all such harassment is by methods that are not lethal or phys ically injurious to wood bison and is re ported within 24 hours to the location identified in paragraph (x)(5)(vi) of this section. (vi) Any taking pursuant to para graph (x)(5)(ii) of this section must be reported within 14 days by contacting the Alaska Department of Fish and Game, 1300 College Road, Fairbanks, AK 99701; (907) 459–7206. ADF&G will de termine the most appropriate course of action regarding any live or dead speci mens. (6) What take of wood bison is not al lowed in the NEP area? (i) Except as expressly allowed in paragraph (x)(5) of this section, all the provisions of 50 CFR 17.31(a) and (b) apply to the wood bison identified in paragraph (x)(1) of this section. (ii) Any manner of take not described under paragraph (x)(5) of this section is prohibited in the NEP area. (iii) A person may not possess, sell, deliver, carry, transport, ship, import, or export by any means whatsoever any of the identified wood bison, or parts thereof, that are taken or pos sessed in a manner not expressly al lowed in paragraph (x)(5) of this section or in violation of the applicable State or local fish and wildlife laws or regu lations or the ESA. (iv) A person may not attempt to commit, solicit another to commit, or cause to be committed any take of wood bison, except that take expressly allowed in paragraph (x)(5) of this sec tion. (7) How will the effectiveness of the wood bison reintroduction be monitored? ADF&G will monitor the population status of reintroduced bison herds at least annually and will document pro ductivity, survival, and population size. The Service or other Federal agencies may also be involved in popu lation monitoring, particularly where National Wildlife Refuge System or Bureau of Land Management lands are involved. Tribal governments or other organizations may also participate in population monitoring and other man agement activities. Depending on available resources, monitoring may occur more frequently, especially dur ing the first few years of reestablish ment efforts. This monitoring will be conducted primarily through aerial surveys and will be accomplished by State or Service employees, through cooperative efforts with local govern ments, or by contracting with other appropriate species experts. (8) What other provisions apply to this rule? If any particular provision of this rule or the application of any par ticular provision to any entity or cir cumstance is held invalid, the remain der of this finding and rule and the ap plication of such provisions to other entities or circumstances shall not be affected by such holding. [49 FR 35954, Sept. 13, 1984; 50 FR 30194, July 24, 1985] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 17.84, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 17.85 Species-specific rules—inverte brates. (a) Seventeen mollusks in the Tennessee River. The species in the following table comprise nonessential experi mental populations (NEPs): Common name Scientific name Cumberland bean (pearlymussel). Villosa trabalis tubercled blossom (pearlymussel). Epioblasma torulosa torulosa turgid blossom (pearlymussel) Epioblasma turgidula yellow blossom (pearlymussel). Epioblasma florentina florentina purple cat’s paw pearlymussel. Epioblasma obliquata. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 283 U.S. Fish and Wildlife Serv., Interior § 17.85 Common name Scientific name clubshell ................................. Pleurobema clava Cumberlandian combshell ..... Epioblasma brevidens Alabama lampmussel ............ Lampsilis virescens winged mapleleaf (mussel) .... Quadrula fragosa Cumberland monkeyface (pearlymussel). Theliderma intermedia. oyster mussel ........................ Epioblasma capsaeformis birdwing pearlymussel ........... Lemiox rimosus cracking pearlymussel ........... Hemistena lata dromedary pearlymussel ....... Dromus dromas fine-rayed pigtoe .................... Fusconaia cuneolus shiny pigtoe ........................... Fusconaia cor Anthony’s riversnail ............... Athearnia anthonyi (1) Where are these mollusks designated as nonessential experimental populations (NEPs)? (i) The NEP Area for these 17 mollusks is within the species’ historic ranges, and is defined as follows: The free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pick wick Reservoir (river mile (RM) 259.4 [414.0 km] to RM 246.0 [393.6 km] and in cludes the lower 5 RM (8 km) of all tributaries to this reach in Colbert and Lauderdale Counties, Alabama. (ii) None of the identified species are known to exist in any of the tribu taries to the free-flowing reach of the Tennessee River below Wilson Dam or from below the backwaters of Pickwick Reservoir, Colbert and Lauderdale Counties, Alabama. In the future, if any of the 17 mollusks are found up stream of the lower 5 RM (8 km) of these tributaries or downstream into Pickwick Reservoir, we will presume the animals came from the reintro duced NEP, and we will amend this rule and enlarge the boundaries of the NEP Area to include the entire range of the expanded population. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP Area. Addition ally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP Area? (i) Except as expressly allowed in the rule in this paragraph (a), all the prohibitions of § 17.31(a) and (b) apply to the mollusks identified in the rule in this paragraph (a). (ii) Any manner of take not described under paragraph (a)(3) of this section will not be allowed in the NEP Area. We may refer the unauthorized take of these species to the appropriate au thorities for prosecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified 17 mollusks, or parts thereof, that are taken or possessed in violation of these regulations or in vio lation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in this paragraph (a). (3) What take is allowed in the NEP Area? (i) Take of these species that is accidental and incidental to an other wise lawful activity such as fishing, boating, commercial navigation, trap ping, wading, or mussel harvesting, is allowed. (ii) Any individual collecting or har vesting mussels must check their col lection prior to leaving the immediate area and return any NEP mussels to the site where they were obtained. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (b) Sixteen mollusks in the French Broad and Holston Rivers. The species in the following table comprise non essential experimental populations (NEP): Common name Scientific name Cumberland bean (pearlymussel). Villosa trabalis Cumberlandian combshell ..... Epioblasma brevidens fanshell .................................. Cyprogenia stegaria Appalachian monkeyface (pearlymussel). Theliderma sparsa. Cumberland monkeyface (pearlymussel). Theliderma intermedia. oyster mussel ........................ Epioblasma capsaeformis birdwing pearlymussel ........... Lemiox rimosus cracking pearlymussel ........... Hemistena lata dromedary pearlymussel ....... Dromus dromas fine-rayed pigtoe .................... Fusconaia cuneolus rough pigtoe ........................... Pleurobema plenum shiny pigtoe ........................... Fusconaia cor orange-foot pimpleback (pearlymussel). Plethobasus cooperianus ring pink (mussel) .................. Obovaria retusa white wartyback (pearlymussel). Plethobasus cicatricosus Anthony’s riversnail ............... Athearnia anthonyi (1) Where are these mollusks designated as NEPs? (i) The NEP area for these VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 284 50 CFR Ch. I (10–1–23 Edition) § 17.85 mollusks is within the species’ histor ical range and is defined as follows: The French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 kilometers (km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Coun ties, Tennessee, to the base of Cher okee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. None of the species identified in paragraph (b) are known to exist in any of the tribu taries to the free-flowing reaches of the French Broad River below Douglas Dam, Knox and Sevier Counties, Ten nessee, or of the Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties, Tennessee. Based on their habitat requirements, we do not expect these species to be come established outside this NEP area. However, if any individuals are found upstream or downstream or into tributaries outside the designated NEP area, we would presume that they came from the reintroduced populations. We would then amend paragraph (b)(1)(i) of this section to enlarge the boundaries of the NEP area to include the entire range of the expanded population. (ii) Another NEP area for 10 of these mollusks (Cumberland bean, Cumberlandian combshell, Cumberland monkeyface, oyster mussel, birdwing pearlymussel, cracking pearlymussel, dromedary pearlymussel, fine-rayed pigtoe, shiny pigtoe, and Anthony’s riversnail) is provided in paragraph (a) of this section. (iii) We do not intend to change the NEP designations to ‘‘essential experi mental,’’ ‘‘threatened,’’ or ‘‘endan gered’’ within the NEP area. Addition ally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP area? (i) Except as expressly al lowed in paragraph (b)(3) of this sec tion, all the prohibitions of § 17.31(a) and (b) apply to the mollusks identified in paragraph (b) of this section. (ii) Any manner of take not described under paragraph (b)(3) of this section will not be allowed in the NEP area. We may refer the unauthorized take of these species to the appropriate au thorities for prosecution. (iii) You may not possess, sell, de liver, carry, transport, ship, import, or export by any means whatsoever any of the identified mollusks, or parts there of, that are taken or possessed in viola tion of paragraph (b)(2) of this section or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (b)(2) of this section. (3) What take is allowed in the NEP area? Take of these species that is acci dental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. (5) Note: Map of the NEP area in Ten nessee for the 16 mollusks listed in paragraph (b) of this section follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 285 U.S. Fish and Wildlife Serv., Interior § 17.85 (c) American Burying Beetle (Nicrophorus americanus). (1) Where is the American burying bee tle designated as a nonessential experi mental population (NEP)? (i) The NEP area for the American burying beetle is within the species’ historical range and is defined as follows: The Missouri Counties of Cedar, St. Clair, Bates, and Vernon. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 13 S E 07 .0 03 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 286 50 CFR Ch. I (10–1–23 Edition) § 17.85 (ii) The American burying beetle is not known to exist in Cedar, St. Clair, Bates, or Vernon Counties in Missouri, as of the date of enacting this regula tion. Based on its habitat requirements and movement patterns, we do not ex pect this species to become established outside this NEP area. (2) What activities are not allowed in the NEP area? (i) You may not possess, sell, deliver, carry, transport, ship, im port, or export by any means, Amer ican burying beetles, or parts thereof, that are taken or possessed in violation of paragraph (c)(3) of this section or in violation of applicable State fish and wildlife laws or regulations or the Act. (ii) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (c)(2)(i) of this section. (3) What take is allowed in the NEP area? Take of this species that is acci dental and incidental to an otherwise legal activity, such as agriculture, for estry and wildlife management, land development, recreation, and other ac tivities, is allowed. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction ef forts after 5 years to determine wheth er to continue or terminate the re introduction efforts. (5) Note: Map of the NEP area for the American burying beetle follows: (d) Oregon Silverspot Butterfly (Speyeria zerene hippolyta). (1) Where is the Oregon silverspot but terfly designated as a nonessential experi mental population (NEP)? (i) The NEP areas for the Oregon silverspot but terfly are within the subspecies’ histor ical range in Tillamook and Clatsop Counties, Oregon. The boundary of the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 22 M R 12 .0 03 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 287 U.S. Fish and Wildlife Serv., Interior § 17.85 NEP includes those Public Land Sur vey System sections intersecting with a 4.25-mile (6.8-kilometer) radius around the release locations. This boundary was selected to encompass all likely movements of Oregon silverspot butterflies away from the release areas while maintaining geographic separa tion from existing populations. (A) The Nestucca Bay NEP area, cen tered on the coastal prairie habitat on the Cannery Hill Unit of the Nestucca Bay National Wildlife Refuge (Nestucca Bay NEP area), includes Township 4 South, Range 10 West, Sec tions 15 through 36; Township 4 South, Range 11 West, Sections 13, 24, 25, and 36; Township 5 South, Range 10 West, Sections 2 through 11, 14 through 23, 27 through 30; and Township 5 South, Range 11 West, Sections 12, 13, 24, and 25. (B) The Saddle Mountain NEP area, centered on the coastal prairie habitat on top of Saddle Mountain State Nat ural Area (Saddle Mountain NEP area), includes Township 6 North, Range 7 West, Sections 7, 17 through 20, 29 through 32; Township 6 North, Range 8 West, Sections 1 through 36; Township 6 North, Range 9 West, Sections 1, 11 through 14, 23 through 26, 35, and 36; Township 5 North, Range 7 West, Sec tions 5 through 8, 17, 18, and 19; Town ship 5 North, Range 8 West, Sections 1 through 24; and Township 5 North, Range 9 West, Sections 1, 2, 3, 11, 12, 13, and 14. (ii) The nearest known extant popu lation to the Nestucca Bay NEP area is 8 miles (13 kilometers) to the south, be yond the longest known flight distance of the butterfly (4.1 miles (6.6 kilo meters)) and with little or no suitable habitat between them. The nearest known extant population to the Saddle Mountain NEP area is 50 miles (80 kilo meters) to the south, well beyond the longest known flight distance of the butterfly (4.1 miles (6.6 kilometers)). Given its habitat requirements, move ment patterns, and distance from ex tant populations, the NEP is wholly separate from extant populations, and we do not expect the reintroduced Or egon silverspot butterflies to become established outside the NEP areas. Or egon silverspot butterflies outside of the NEP boundaries will assume the status of Oregon silverspot butterflies within the geographic area in which they are found. (iii) We will not change the NEP des ignations to ‘‘essential experimental,’’ ‘‘threatened,’’ or ‘‘endangered’’ within the NEP areas without engaging in no tice-and-comment rulemaking. Addi tionally, we will not designate critical habitat for this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What take of the Oregon silverspot butterfly is allowed in the NEP areas? (i) Oregon silverspot butterflies may be taken within the NEP area, provided that such take is not willful, knowing, or due to negligence, and is incidental to carrying out an otherwise lawful ac tivity, such as agriculture, forestry and wildlife management, land devel opment, recreation, and other activi ties that are in accordance with Fed eral, State, Tribal, and local laws and regulations. (ii) Any person with a valid permit issued by the Service under 50 CFR 17.32 may take the Oregon silverspot butterfly for educational purposes, sci entific purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other con servation purposes consistent with the Act. Additionally, any employee or agent of the Service, any other Federal land management agency, or a State conservation agency, who is designated by the agency for such purposes, may, when acting in the course of official duties, take an Oregon silverspot but terfly in the wild in the NEP area if such action is necessary: (A) For scientific purposes; (B) To relocate Oregon silverspot butterflies to avoid conflict with human activities; (C) To relocate Oregon silverspot but terflies within the NEP area to im prove Oregon silverspot butterfly sur vival and recovery prospects or for ge netic purposes; (D) To relocate Oregon silverspot butterflies from one population in the NEP into another in the NEP, or into captivity; (E) To euthanize an injured Oregon silverspot butterfly; (F) To dispose of a dead Oregon silverspot butterfly, or salvage a dead VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 288 50 CFR Ch. I (10–1–23 Edition) § 17.85 Oregon silverspot butterfly for sci entific purposes; (G) To relocate an Oregon silverspot butterfly that has moved outside the NEP area back into the NEP area; or (H) To aid in law enforcement inves tigations involving the Oregon silverspot butterfly. (3) What take of Oregon silverspot but terfly is not allowed in the NEP area? (i) Except as expressly allowed in para graph (d)(2) of this section, all of the provisions of 50 CFR 17.31(a) and (b) apply to the Oregon silverspot but terfly in areas identified in paragraph (d)(1) of this section. (ii) A person may not possess, sell, deliver, carry, transport, ship, import, or export by any means, Oregon silverspot butterflies, or parts thereof, that are taken or possessed in a man ner not expressly allowed in paragraph (d)(2) of this section or in violation of applicable State fish and wildlife laws or regulations or the Act. (iii) Any manner of take not de scribed under paragraph (d)(2) of this section is prohibited in the NEP areas. (iv) A person may not attempt to commit, solicit another to commit, or cause to be committed any take of the Oregon silverspot butterfly, except as expressly allowed in paragraph (d)(2) of this section. (4) How will the effectiveness of these reintroductions be monitored? We will monitor populations annually for trends in abundance in cooperation with partners, monitor habitat quality, and prepare annual progress reports. We will fully evaluate reintroduction efforts after 5 years to determine whether to continue or terminate the reintroduction efforts. (5) Maps of the NEP areas for the Or egon silverspot butterfly in Northwest Or egon. (i) Note: Map of the Oregon silverspot butterfly NEP follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 289 U.S. Fish and Wildlife Serv., Interior ยง 17.85 (ii) Note: Map of Nestucca Bay NEP area for the Oregon silverspot butterfly follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 23 JN 17 .0 01 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 290 50 CFR Ch. I (10–1–23 Edition) § 17.85 (iii) Note: Map of Saddle Mountain NEP area for the Oregon silverspot butterfly follows: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 23 JN 17 .0 02 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 291 U.S. Fish and Wildlife Serv., Interior ยง 17.85 VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237 E R 23 JN 17 .0 03 < /G P H > js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 292 50 CFR Ch. I (10–1–23 Edition) § 17.86 [66 FR 32263, June 14, 2001, as amended at 72 FR 52459, Sept. 13, 2007; 77 FR 16717, Mar. 22, 2012; 82 FR 28578, June 23, 2017; 87 FR 8965, Feb.17, 2022; 87 FR 15145, Mar. 17, 2022; 88 FR 42652, July 3, 2023] § 17.86 [Reserved] Subpart I—Interagency Cooperation SOURCE: 42 FR 47840, Sept. 22, 1977. Redesig nated at 85 FR 82388, Dec. 18, 2020; further re designated at 87 FR 43447, July 21, 2022. § 17.94 Critical habitats. (a) The areas listed in § 17.95 (fish and wildlife), § 17.96 (plants), and § 17.99 (plants on the Hawaiian Islands) and referred to in the lists at §§ 17.11 and 17.12 have been determined by the Di rector to be critical habitat. All Fed eral agencies must insure that any ac tion authorized, funded, or carried out by them is not likely to result in the destruction or adverse modification of the constituent elements essential to the conservation of the listed species within these defined critical habitats. (See part 402 for rules concerning this prohibition; see also part 424 for rules concerning the determination of crit ical habitat). (b) Maps. If the critical habitat map ap pears in . . . Then . . . (1) A critical habitat des ignation in § 17.95(a), (b), (d), (e), (f), (g), (h), or (i), or in § 17.96(a), and the designation does not state that the map(s) is for informational purposes only, or (2) A critical habitat des ignation in § 17.99, or (3) A critical habitat des ignation published and ef fective after May 31, 2012, The map provided by the Secretary of the Interior, as clarified or refined by any textual language within the rule, constitutes the definition of the boundaries of a critical habitat. Each critical habi tat area will be shown on a map, with more-detailed information discussed in the preamble of the rulemaking documents published in the Federal Register and made available from the lead field office of the Service responsible for such designation. Each area will be referenced to the State(s), county(ies), or other local government units within which all or part of the critical habi tat is located. General descriptions of the location and boundaries of each area may be pro vided to clarify or refine what is included within the boundaries depicted on the map, or to ex plain the exclusion of sites (e.g., paved roads, buildings) within the mapped area. Unless other wise indicated within the critical habitat descriptions, the names of the State(s) and county(ies) are provided for informational purposes only and do not constitute the boundaries of the area. (4) A critical habitat des ignation that states that the map(s) is for informa tional purposes only, or (5) A critical habitat des ignation published and ef fective on or prior to May 31, 2012, that is set forth at § 17.95(c), The map provided by the Secretary of the Interior is for reference purposes to guide Federal agencies and other interested parties in locating the general boundaries of the critical habitat. The map does not, unless otherwise indicated, constitute the definition of the boundaries of a critical habitat. Critical habitats are described by reference to surveyable landmarks found on standard topographic maps of the area and to the States and county(ies) within which all or part of the critical habitat is located. Unless otherwise indicated within the critical habitat de scription, the State and county(ies) names are provided for informational purposes only. [82 FR 49755, Oct. 27, 2017, as amended at 83 FR 18702, Apr. 27, 2018; 86 FR 38576, July 22, 2021] § 17.95 Critical habitat—fish and wild life. (a) Mammals. INDIANA BAT (Myotis sodalis) Illinois. The Blackball Mine, La Salle County. Indiana. Big Wyandotte Cave, Crawford County; Ray’s Cave, Greene County. Kentucky. Bat Cave, Carter County; Coach Cave, Edmonson County. Missouri. Cave 021, Crawford County; Cave 009, Franklin County; Cave 017, Franklin County; Pilot Knob Mine, Iron County; Bat Cave, Shannon County; Cave 029, Washington County (numbers assigned by Division of Ec ological Services, U.S. Fish and Wildlife Service, Region 6). Tennessee. White Oak Blowhole Cave, Blount county. West Virginia. Hellhole Cave, Pendleton County. NOTE: No map. MARIANA FRUIT BAT (Pteropus mariannus mariannus) (1) The critical habitat unit for the Mar iana fruit bat is depicted for the Territory of Guam on the maps below. (2) Within this area, the primary con stituent elements required by the Mariana fruit bat for the biological needs of foraging, sheltering, roosting, and rearing of young are found in areas supporting limestone, sec ondary, ravine, swamp, agricultural, and VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R