Quiero saber acerca de...

Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations population will have on the recovery of the species, and the extent to which the reintroduced population may be affected by existing or anticipated Federal or State actions or private activities within or adjacent to the experimental population area. This rule also identifies the boundaries of the experimental population, explains our rationale for why the population is not essential to the continued existence of the species in the wild, describes management restrictions, protective measures, or other special management concerns of that population, and explains 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. In June 2016, a Memorandum of Understanding MOU
was finalized to assess the potential to recover California condors in the Pacific Northwest and to work to seek funding to support that effort if it proved feasible. The MOU currently has 16
signatories.
Peer review and public comment. We sought comments from three objective and independent specialists and received two responses to ensure that our findings are based on scientifically sound data, assumptions, and analyses.
As directed by the Services Peer Review Policy dated July 1, 1994 59 FR
34270 and a recent memo updating the peer review policy for listing and recovery actions August 22, 2016, we invited these peer reviewers to comment on our proposal. We also considered all comments and information received during the public comment period. All comments received during the peer review process and the public comment period have either been incorporated throughout this rule or addressed below in Summary of Comments and Recommendations.

khammond on DSKJM1Z7X2PROD with RULES

Background On April 5, 2019, we published in the Federal Register a proposed rule to establish a nonessential experimental population of the California condor in the Pacific Northwest 84 FR 13587.
The comment period on the proposed rule was open for 60 days, through June 4, 2019. Comments on the proposed rule are addressed below under Summary of Comments and Recommendations.
Statutory and Regulatory Framework The 1982 amendments to the Endangered Species Act of 1973 ESA or Act; 16 U.S.C. 1531 et seq. included the addition of section 10j, which allows for the designation of reintroduced populations of listed species as experimental populations. Under
VerDate Sep<11>2014

15:49 Mar 23, 2021

Jkt 253001

section 10j of the Act and our regulations in title 50 of the Code of Federal Regulations at 50 CFR 17.81, the Service may designate as an experimental population a population of endangered or threatened species that has been or will be released into suitable natural habitat outside the species current natural range but within its probable historic range, absent a finding by the Director of the Service in the extreme case that the primary habitat of the species has been unsuitably and irreversibly altered or destroyed.
Before authorizing the release as an experimental population including eggs, propagules, or individuals of an endangered or threatened species, and before authorizing any necessary transportation to conduct the release, the Service must find by regulation that such release will further the conservation of the species. 50 CFR
17.81b. In making such a finding the Service uses the best scientific and commercial data available to consider:
1 Any possible adverse effects on extant populations of a species as a result of removal of individuals, eggs, or propagules for introduction elsewhere see Donor Stock Assessment and Effects on Donor Population, below;
2 The likelihood that any such experimental population will become established and survive in the foreseeable future see Likelihood of Population Establishment and Survival and Addressing Causes of Extirpation, below;
3 The relative effects that establishment of an experimental population will have on the recovery of the species see Relationship of NEP to Recovery Efforts, below; and 4 The extent to which the introduced population may be affected by existing or anticipated Federal or State actions or private activities within or adjacent to the experimental population area see Likelihood of Population Establishment and Survival, below; National Park Service NPS
2018, entire.
Further, as set forth in 50 CFR
17.81c, all regulations designating experimental populations under section 10j must provide:
1 Appropriate means to identify the experimental population, including, but not limited to, its actual or proposed location, actual or anticipated migration, number of specimens released or to be released, and other criteria appropriate to identify the experimental populations see Location and Boundaries of the NEP, below;

PO 00000

Frm 00043

Fmt 4700

Sfmt 4700

15603

2 A finding, based solely on the best scientific and commercial data available, and the supporting factual basis, on whether the experimental population is, or is not, essential to the continued existence of the species in the wild see Is the Experimental Population Essential or Nonessential?, below;
3 Management restrictions, protective measures, or other special management concerns of that population, which may include but are not limited to, measures to isolate and/
or contain the experimental population designated in the regulation from natural populations see Management, below; 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 see Monitoring and Evaluation, below.
Under 50 CFR 17.81d, the Service must consult with appropriate State fish and wildlife agencies, local governmental entities, affected Federal agencies, and affected private landowners in developing and implementing experimental population rules. To the maximum extent practicable, 10j rules represent an agreement between the FWS, the affected State and Federal agencies, and persons holding any interest in land that may be affected by the establishment of an experimental population.
Under 50 CFR 17.81f, the Secretary may designate critical habitat as defined in section 35A of the Act for an essential experimental population. No designation of critical habitat will be made for nonessential populations. In those situations where a portion or all of an essential experimental population overlaps with a natural population of the species during certain periods of the year, no critical habitat will be designated for the area of overlap unless implemented as a revision to critical habitat of the natural population for reasons unrelated to the overlap itself.
Any population determined by the Secretary to be an experimental population will be treated as if it were listed as a threatened species for purposes of establishing protective regulations with respect to that population. The protective regulations adopted for an experimental population will contain applicable prohibitions, as appropriate, and exceptions for that population. 50 CFR 17.82.
Any experimental population designated for a listed species 1
determined not to be essential to the survival of that species and 2 not occurring within the National Park
E:FRFM24MRR1.SGM

24MRR1