50 CFR 17 Subpart H - Experimental Populations

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR Part 17 Subpart H

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter I —United States Fish and Wildlife Service, Department of the Interior
Subchapter B —Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and
Importation of Wildlife and Plants
Part 17 —Endangered and Threatened Wildlife and Plants
Authority: 16 U.S.C. 1361–1407; 1531–1544; and 4201–4245, unless otherwise noted.
Source: 40 FR 44415, Sept. 26, 1975, unless otherwise noted. 40 FR 44415, Sept. 26, 1975, unless otherwise noted.
Redesignated at 85 FR 82388, Dec. 18, 2020. 40 FR 44415, Sept. 26, 1975. Redesignated at 85 FR 82388, Dec. 18, 2020, and
further redesignated at 87 FR 43447, July 21, 2022.

Subpart H Experimental Populations
§ 17.80 Definitions.
§ 17.81 Listing.
§ 17.82 Prohibitions.
§ 17.83 Interagency cooperation.
§ 17.84 Special rules—vertebrates.
§ 17.85 Special rules—invertebrates.
§ 17.86 Special rules—plants. [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 population is wholly separate geographically from
nonexperimental populations of the same species. Where part of an experimental population overlaps
with natural populations of the same species on a particular occasion, 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 only be recognized outside the areas of overlap. Thus, such a
population shall be treated as experimental only when the times of geographic separation are reasonably
predictable; e.g., fixed migration patterns, natural or man-made barriers. A population is not treated as
experimental if total separation will occur solely as a result of random and unpredictable events.
(b) The term essential experimental population means an experimental population 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.

50 CFR 17.80(b) (enhanced display)

page 1 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.81

§ 17.81 Listing.
(a) The Secretary 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 in the extreme case that the
primary habitat of the species has been unsuitably and irreversibly altered or destroyed), subject to the
further conditions specified in this section; provided, that all designations of experimental 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 population (including eggs,
propagules, or individuals) of an endangered or threatened species, and before authorizing any necessary
transportation to conduct the release, the Secretary must find by regulation that such release will further
the conservation of the species. In making such a finding the Secretary shall utilize 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;
(2) The likelihood that any such experimental population will become established and survive in the
foreseeable future;
(3) The relative effects that establishment of an experimental population will have on the recovery of the
species; 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.
The Secretary may issue a permit under section 10(a)(1)(A) of the Act, if appropriate under the standards
set out in subsections 10(d) and (j) of the Act, to allow acts necessary for the establishment and
maintenance of an experimental population.
(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
proposed location, actual or anticipated migration, number of specimens released or to be released,
and other criteria appropriate to identify the experimental population(s);
(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;
(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; 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 Fish and Wildlife Service shall 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. When appropriate, a public meeting will be conducted with
interested members of the public. Any regulation promulgated pursuant to this section shall, to the
50 CFR 17.81(d) (enhanced display)

page 2 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.81(e)

maximum extent practicable, represent an agreement between the Fish and Wildlife Service, the affected
State and Federal agencies and persons holding any interest in land which may be affected by the
establishment of an experimental population.
(e) Any population of an endangered species or a threatened species determined by the Secretary to be an
experimental population in accordance with this subpart shall be identified by special rule in §§
17.84–17.86 as appropriate and separately listed in § 17.11(h) (wildlife) or § 17.12(h) (plants) as
appropriate.
(f) The Secretary may designate critical habitat as defined in section (3)(5)(A) of the Act for an essential
experimental population as determined pursuant to paragraph (c)(2) of this section. Any designation of
critical habitat for an essential experimental population will be made in accordance with section 4 of the
Act. 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 shall 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.

§ 17.82 Prohibitions.
Any population determined by the Secretary to be an experimental population shall be treated as if it were listed as
a threatened species for purposes of establishing protective regulations under section 4(d) of the Act with respect
to such population. The Special rules (protective regulations) adopted for an experimental population under § 17.81
will contain applicable prohibitions, as appropriate, and exceptions for that population.

§ 17.83 Interagency cooperation.
(a) Any experimental population designated for a listed species
(1) determined pursuant to § 17.81(c)(2) of this subpart not to be essential to the survival of that
species and
(2) not occurring within the National Park System or the National Wildlife Refuge System, 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) Any experimental population designated for a listed species that either
(1) has been determined pursuant to § 17.81(c)(2) of this subpart to be essential to the survival of that
species, of
(2) occurs within the National Park System or the National Wildlife Refuge System as now or hereafter
constituted, shall be treated for purposes of section 7 of the Act as a threatened species.
Notwithstanding the foregoing, any biological opinion prepared pursuant to section 7(b) of the Act
and any agency determination made pursuant to section 7(a) of the Act shall consider any
experimental and nonexperimental populations to constitute a single listed species for the purposes
of conducting the analyses under such sections.

§ 17.84 Special rules—vertebrates.
Link to an amendment published at 88 FR 7146, Feb. 2, 2023.

50 CFR 17.84 (enhanced display)

page 3 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(a)

Link to an amendment published at 88 FR 19894, Apr. 4, 2023.
(a) [Reserved]
(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 conservation laws and regulations in the following instances:
(i)

For educational purposes, scientific purposes, the enhancement of propagation or survival of
the species, zoological exhibition, and other conservation purposes consistent with the Act; or

(ii) Incidental to otherwise lawful activities, 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 taking of this species (other than incidental 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, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable
State or Tribal fish and wildlife laws or regulations.
(5) It is unlawful for any person to attempt 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 populations 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
mainstream dams, and 200 miles of dry riverbed. 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.

50 CFR 17.84(b)(6) (enhanced display)

page 4 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(b)(7)

(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 Francisco 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 exists. Downstream movement is limited by dams, reservoirs, and dry streambed.
Upstream movement from these areas is restricted due to the absence of habitat. Upstream 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 expansion or contraction, reproduction success, and general
health condition of the fish.
(c) Red wolf (Canis rufus).
(1) The red wolf populations identified in paragraphs (c)(9)(i) and (c)(9)(ii) of this section 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 purposes, scientific purposes, the enhancement 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 conservation laws and regulations;
(4)
(i)

Any person may take red wolves found on private land in the areas defined in paragraphs (c)(9)
(i) and (ii) of this section, Provided that such taking is not intentional or willful, or is in defense
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 paragraph (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 paragraphs (c)(9) (i) and (ii) of this section,
Provided that such taking is incidental to lawful activities, is unavoidable, unintentional, and not
exhibiting a lack of reasonable due care, or is in defense 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 paragraph (c)(9)(ii) of this section), or the State wildlife enforcement
officer for investigation.

50 CFR 17.84(c)(4)(ii) (enhanced display)

page 5 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(c)(4)(iii)

(iii) Any private landowner, or any other individual having his or her permission, 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 livestock 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 paragraph (c)(9)(i) of this section),
the Park superintendent (for the red wolf population defined in paragraph (c)(9)(ii) of this
section), or the State wildlife enforcement officer for investigation.
(iv) Any private landowner, or any other individual having his or her permission, may harass red
wolves found on his or her property in the areas defined in paragraphs (c)(9) (i) and (ii) of this
section, Provided that all such harassment is by methods that are not lethal 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 superintendent (for the red
wolf population defined in paragraph (c)(9)(ii) of this section), or the State wildlife enforcement
officer, as noted in paragraph (c)(6) of this section for investigation.
(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 biologist has
approved such actions in writing and all such taking shall be reported 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 paragraph (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
exception that reporting of taking or harassment to the refuge manager, Park superintendent, or
State wildlife enforcement 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 action 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 responsible for depredations to lawfully present domestic animals or other personal
property, if it has not been possible to otherwise eliminate such depredation or loss of personal
property, Provided That such taking must be done in a humane manner, and may involve 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 purposes.
(6) Any taking pursuant to paragraphs (c) (3) through (5) of this section must be immediately reported to
either the Refuge Manager, Alligator River National Wildlife Refuge, Manteo, North Carolina,
telephone 919/473–1131, or the Superintendent, Great Smoky Mountains National Park, Gatlinburg,
Tennessee, telephone 615/436–1294. Either of these persons will determine disposition of any live
or dead specimens.
50 CFR 17.84(c)(6) (enhanced display)

page 6 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(c)(7)

(7) No person shall possess, sell, deliver, carry, transport, ship, import, or export by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable
State fish and wildlife laws or regulations or the Endangered Species Act.
(8) It is unlawful for any person to attempt 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 reintroduction site is within the historic range of the species in North
Carolina, in Dare, Hyde, Tyrrell, and Washington Counties; because of its proximity and potential
conservation value, Beaufort County is also included in the experimental population
designation.

(ii) The red wolf also historically occurred 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
experimental designation because of the close proximity of these counties to the Park
boundary.
(iii) Except for the three island propagation projects and these small reintroduced populations, the
red wolf is extirpated from the wild. Therefore, there are no other extant populations with which
the refuge or Park experimental populations could come into contact.
(10) The reintroduced populations will be monitored closely for the duration of the project, generally using
radio telemetry as appropriate. All animals released or captured will be vaccinated against diseases
prevalent in canids prior to release. Any animal that is determined to be in need of special care or
that moves onto lands where the landowner requests their removal will be recaptured, if possible, by
Service and/or Park Service and/or designated State wildlife agency personnel 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 animals to a captive-breeding
facility.
(11) The status of the Alligator River National Wildlife Refuge project will be reevaluated by October 1,
1992, to determine future management status and needs. This review will take into account the
reproductive success of the mated pairs, movement patterns of individual animals, food habits, and
overall health of the population. The duration of the first phase of the Park project is estimated to be
10 to 12 months. After that period, an assessment of the reintroduction potential of the Park for red
wolves will be made. If a second phase of reintroduction is attempted, the duration of that phase will
be better defined during the assessment. 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 periods, the experimental and nonessential designation of the animals will remain
in effect.
(d) Topeka shiner (Notropis topeka).
(1) Where is the Topeka shiner designated as a nonessential experimental population (NEP)?
(i)

The NEP area for the Topeka shiner is within the species' historical range and includes those
waters within the Missouri counties of Adair, Gentry, Harrison, Putnam, Sullivan, and Worth
identified below in paragraph (d)(5) of this section.

50 CFR 17.84(d)(1)(i) (enhanced display)

page 7 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(1)(ii)

(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, although there is a
remote chance it may.
(iii) We will not change the NEP designations to “essential experimental,” “threatened,” or
“endangered” within the NEP area without a public rulemaking. Additionally, 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 allowed in paragraph (d)(3) of this section, all the prohibitions of § 17.21
apply to the Topeka shiner NEP.

(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, deliver, carry, transport, ship, import, or export by any means, Topeka
shiners, or parts thereof, that are taken or possessed in violation of paragraph (d)(3) 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 (d)(2)(iii) of this section.
(3) What take is allowed in the NEP area? Take of this species that is incidental to an otherwise legal
activity, such as agriculture, forestry and wildlife management, land development, recreation, and
other activities, is allowed 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 assess 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
(Harrison County), and Spring Creek (Adair, Putnam, and Sullivan Counties)] for the Topeka shiner,
follows:

50 CFR 17.84(d)(5) (enhanced display)

page 8 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(5) (enhanced display)

50 CFR 17.84(d)(5)

page 9 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(6)

(6) Note: Map of the NEP area for the Topeka shiner in Little Creek watershed, Harrison County, follows:

50 CFR 17.84(d)(6) (enhanced display)

page 10 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(6) (enhanced display)

50 CFR 17.84(d)(6)

page 11 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(7)

(7) Note: Map of the NEP area for the Topeka shiner in Big Muddy Creek watershed, Gentry, Harrison,
and Worth Counties, follows:

50 CFR 17.84(d)(7) (enhanced display)

page 12 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(7) (enhanced display)

50 CFR 17.84(d)(7)

page 13 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(8)

(8) Note: Map of the NEP area for the Topeka shiner in Spring Creek watershed, Adair, Putnam, and
Sullivan Counties, follows:

50 CFR 17.84(d)(8) (enhanced display)

page 14 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(d)(8) (enhanced display)

50 CFR 17.84(d)(8)

page 15 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(e)

(e) Yellowfin madtom (Noturus flavipinnis).
(1) Where is the yellowfin madtom designated as a nonessential experimental population (NEP)? We have
designated three populations of this species as NEPs: the North Fork Holston River Watershed NEP,
the Tellico River NEP, and the French Broad River and Holston River NEP.
(i)

The North Fork Holston River Watershed NEP area is within the species' historic range and is
defined as follows: The North Fork Holston River watershed, Washington, Smyth, and Scott
Counties, Virginia; South Fork Holston River watershed upstream to Ft. Patrick Henry Dam,
Sullivan County, Tennessee; 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 species by large Tennessee River
tributaries and reservoirs. As the species is not known to inhabit reservoirs and because
individuals of the species are not likely to move 100 river miles through these large reservoirs,
the possibility that this population could come in contact 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 outside this NEP area. However, if individuals of this population move upstream or
downstream or into tributaries outside the designated 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.
(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, 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. This species is not known to exist in any of the tributaries to the freeflowing 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 habitat 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
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 experimental,” “threatened,” or
“endangered” within the NEP areas. Additionally, 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 section, all the prohibitions of § 17.31(a)
and (b) apply to the yellowfin madtom.

50 CFR 17.84(e)(2)(i) (enhanced display)

page 16 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(e)(2)(ii)

(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
prosecution.
(iii) You 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 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 accidental 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 efforts 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 following 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 paragraph (m)(7) of this section.
(f) Guam rail (Rallus owstoni).
(1) The Guam rail population identified in paragraph (f)(7) of this section is a nonessential 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 purposes, the enhancement of propagation or survival of the species, zoological
exhibition, and other conservation purposes 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 determination that the experimental population has
become well established and occupies all suitable habitat island-wide.
(3) Any employee of the Service, the Commonwealth of the Northern Mariana Islands Division of Fish
and Wildlife, or the Guam Division of Aquatic and Wildlife Resources who is designated 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

50 CFR 17.84(f)(3)(iii) (enhanced display)

page 17 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(f)(3)(iv)

(iv) Take an animal that is responsible for depredations to personal property if it has not been
possible to otherwise eliminate such depredations and/or loss of personal property, provided
that such taking must be done in a humane manner and may involve injuring or killing the bird
only if it has not been possible to eliminate depredations by live capturing and releasing the
specimen unharmed in other suitable habitats.
(4) Any violation of applicable commonwealth of the Northern Mariana Islands fish and wildlife
conservation laws or regulations with respect to the taking of this species (other than taking 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, deliver, carry, transport, ship, import, or export by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable
Commonwealth of the Northern Mariana Islands fish and wildlife laws or regulations or the
Endangered Species Act.
(6) It is unlawful for any person to attempt 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 species occurred near the northern tip of Guam, which is closest to the island of
Rota. No intermingling of these populations 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, because its primary range has been unsuitably and irreversibly
destroyed by the brown tree snake.
(8) The nonessential experimental population on Rota will be checked periodically by staff of the
Commonwealth of the Northern Mariana Islands Division of Fish and Wildlife and cooperating staff
from the University of Tennessee to determine dispersal patterns, mortality, and reproductive
success. 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 (g)(9)(i) through (viii) of this section are
nonessential experimental populations. 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 population area, except as provided
in paragraphs (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 conflict with human activities;
50 CFR 17.84(g)(4)(ii) (enhanced display)

page 18 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(4)(iii)

(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 Experimental
Population Area when that relocation is necessary to protect the ferret or is requested by an
affected landowner or land manager, or whose removal is requested pursuant to paragraph
(g)(12) of this section.
(iv) To relocate ferrets within the experimental population area to improve ferret survival and
recovery prospects;
(v) To relocate ferrets from the experimental population areas into other ferret reintroduction areas
or captivity;
(vi) To aid a sick, injured, or orphaned animal; or
(vii) To salvage a dead specimen for scientific purposes.
(5) A person may take a ferret in the wild within the experimental population areas, provided such take is
incidental to and not the purpose of, the carrying out of an otherwise lawful activity and if such ferret
injury or mortality was unavoidable, unintentional, and did not result from negligent conduct. 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 appropriate authorities for prosecution.
(6) You must report any taking pursuant to paragraphs (g)(3), (4)(vi) and (vii), and (5) of this section to
the appropriate 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 Services, Fish and Wildlife Service,
Cheyenne, Wyoming (telephone: 307/772–2374).

(ii) Report such taking in the Conata Basin/Badlands experimental population area to the Field
Supervisor, Ecological Services, Fish and Wildlife Service, Pierre, South Dakota (telephone: 605/
224–8693).
(iii) Report such taking in the northcentral Montana experimental population area to the Field
Supervisor, 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 Services, Fish and Wildlife Service, Phoenix, Arizona (telephone: 602/640–2720).
(v) Report such taking in the northwestern Colorado/northeastern Utah experimental population
area to the appropriate Field Supervisor, Ecological Services, U.S. Fish and Wildlife Service,
Lakewood, Colorado (telephone: 303/275–2370), or Salt Lake City, Utah (telephone: 801/
524–5001).
(vi) Report such taking in the Cheyenne River Sioux Tribe Experimental Population Area to the Field
Supervisor, Ecological Services, U.S. Fish and Wildlife Service, Pierre, South Dakota (telephone
605/224–8693).
(vii) Report such taking in the Rosebud Sioux Reservation Experimental Population Area to the Field
Supervisor, Ecological Services, U.S. Fish and Wildlife Service, Pierre, South Dakota (telephone
605/224–8693).
50 CFR 17.84(g)(6)(vii) (enhanced display)

page 19 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(7)

(7) No person shall possess, sell, deliver, carry, transport, ship, import, or export by any means
whatsoever, any ferret or part thereof from the experimental populations taken in violation of these
regulations or in violation of applicable State fish and wildlife laws or regulations or the Endangered
Species Act.
(8) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to commit, any
offense defined in paragraphs (g)(2) and (7) of this section.
(9) The sites for reintroduction of black-footed ferrets are within the historical 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 population 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 following the first year of releases comprise 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 experimental 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 blackfooted ferret found in the wild within these boundaries is part of the nonessential experimental
population after the first breeding season following the first year of releases of black-footed
ferret in the Reintroduction Area. A black-footed ferret occurring outside the experimental
population area in South Dakota is 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 genetically related to the experimental population to the
Reintroduction Area or to a captive facility.
(B) Under an existing contingency plan, we will use up to nine black-footed ferrets genetically
unrelated to the experimental population in the captive-breeding program. If a landowner
outside the experimental population area wishes to retain black-footed ferrets 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 boundaries
of the nonessential experimental population are those parts of Phillips and Blaine Counties,
Montana, described as the area bounded on the north beginning at the northwest corner of the
Fort Belknap Indian Reservation on the Milk River; east following the Milk River to the east
Phillips 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 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 following the first year of releases
50 CFR 17.84(g)(9)(iii) (enhanced display)

page 20 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(9)(iii)(A)

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 necessary:
(A) We may return an animal genetically related to the experimental population to the
reintroduction area or to a captive facility.
(B) Under an existing contingency plan, we will use up to nine black-footed ferrets genetically
unrelated to the experimental population in the captive-breeding program. If a landowner
outside the experimental population area wishes to retain black-footed ferrets 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 population area is those parts of Coconino, Mohave, and Yavapai
Counties that include the Aubrey Valley west of the Aubrey Cliffs, starting from Chino Point,
north along the crest of the Aubrey 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 southeast along Route 66 for approximately 6 km (2.3
miles) to a point intercepting the east boundary of section 27, Township 25 North, Range 9
West; then south along a line to where the Atchison-Topeka 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, Township 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-footed ferrets found in the wild within these boundaries is part
of the nonessential 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 experimental area in Arizona 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 genetically related to the experimental population to the
reintroduction area or to a captive facility. If a landowner outside the experimental
population area wishes to retain black-footed ferrets on his property, we will develop a
conservation agreement or easement with the landowner.

50 CFR 17.84(g)(9)(iv)(A) (enhanced display)

page 21 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(9)(iv)(B)

(B) Under an existing contingency plan, we will use up to nine black-footed ferrets genetically
unrelated to the experimental population in the captive-breeding program. If a landowner
outside the experimental population area wishes to retain black-footed ferrets 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 Management Zone in Utah as the initial recovery sites for this
species within the Northwestern Colorado/Northeastern Utah Experimental Population Area
(see Colorado/Utah map). The boundaries 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, Wyoming, 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 marked ferrets found in the wild within these
boundaries prior to the first breeding season following the first year of release will constitute
the nonessential experimental population during this period. All ferrets found in the wild within
these boundaries during and after the first breeding season following the first year of releases
of ferrets into the reintroduction area will comprise the nonessential experimental population
thereafter. A black-footed ferret occurring outside the Experimental 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 genetically related to the experimental population to the
Reintroduction Area or to a captive facility.
(B) Under an existing contingency plan, we will use up to nine black-footed ferrets genetically
unrelated to the experimental population in the captive-breeding program. If a landowner
outside the experimental population area wishes to retain black-footed ferrets 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
experimental population area are the exterior boundaries of the Cheyenne River Sioux
Reservation which includes all of Dewey and Ziebach Counties, 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 following the first year of black-footed
ferret release. A black-footed ferret occurring outside the Experimental Population Area in
north-central South Dakota would initially be considered as endangered but may be captured
for genetic testing. When a ferret is found outside the Experimental Population Area, the
following may occur:
(A) If an animal is genetically determined to have originated from the experimental 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 experimental population, we
will place it in captivity under an existing contingency plan. Up to nine black-footed ferrets
may be taken for use in the captive-breeding program.
(vii) The Rosebud Sioux Reservation Experimental Population Area is shown on the map of southcentral South Dakota at the end of paragraph (g) of this section. The boundaries of the
nonessential experimental population area include all of Gregory, Mellette, Todd, and Tripp
Counties in South Dakota. Any black-footed ferret found within these four counties will be
50 CFR 17.84(g)(9)(vii) (enhanced display)

page 22 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(9)(vii)(A)

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
nonessential experimental population area in south-central South Dakota will initially 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 determined to have originated from the experimental 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 experimental population, we
will place it in captivity under an existing contingency plan. Up to nine black-footed ferrets
may be taken for use in the captive-breeding program.
(viii) The Wyoming Experimental Population Area encompasses most of the State of Wyoming. The
boundaries of the nonessential experimental population 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 Population 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 Experimental Population Area will be
considered part of a nonessential experimental population. A black-footed ferret that disperses
beyond the boundaries 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 relocation. If necessary, disposition of the
captured animal may occur in the following ways:
(A) If an animal is genetically determined to have originated from the experimental 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 experimental population, we
will place it in captivity under an existing contingency plan.
(10) Monitoring the reintroduced populations will occur continually during the life of the project, including
the use of radio telemetry and other remote sensing devices, as appropriate. Vaccination of all
released animals will occur prior to release, as appropriate, to prevent diseases prevalent in
mustelids. Any animal that is sick, injured, 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 appropriate reintroduction area or
another authorized site as soon as possible, 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 determine future management needs. This review will take
into account the reproductive success and movement patterns 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 described areas. We will propose reclassification of the black-footed ferret when we meet
the appropriate recovery objectives for the species.
(12) We will not include a reevaluation of the “nonessential experimental” designation for these
populations during our review of the initial five year reintroduction program. We do not foresee any
likely situation justifying alteration of the nonessential experimental status of these populations.
Should any such alteration prove necessary and it results in a substantial modification to black50 CFR 17.84(g)(12) (enhanced display)

page 23 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12)

footed ferret management on non-Federal lands, any private landowner who consented to the
introduction of black-footed ferrets on their lands may rescind their consent, and at their request, we
will relocate the ferrets pursuant to paragraph (g)(4)(iii) of this section.

50 CFR 17.84(g)(12) (enhanced display)

page 24 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 25 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 26 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 27 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 28 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 29 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 30 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 31 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(g)(12) (enhanced display)

50 CFR 17.84(g)(12)

page 32 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(h)

(h) Whooping crane (Grus americana).
(1) The whooping crane populations identified in paragraphs (h)(9)(i) through (iv) of this section are
nonessential experimental populations (NEPs) as defined in § 17.80.
(i)

The only natural extant population 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 adjacent areas of Alberta, Canada, primarily within the boundaries of
the Wood Buffalo National Park, and winters along the Central Texas Gulf of Mexico coast at
Aransas National Wildlife Refuge.

(ii) No natural populations of whooping cranes are likely to come into contact with the NEPs set
forth in paragraphs (h)(9)(i) through (iv) of this section. Whooping cranes adhere to ancestral
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 rather than an innate behavior.
(2) No person may take this species in the wild in the experimental population areas, except when such
take is accidental and incidental to an otherwise 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 activities are in full
compliance with all applicable laws and regulations.
(3) Any person with a valid permit issued by the Fish and Wildlife Service (Service) under § 17.32 may
take whooping cranes in the wild in the experimental population areas for educational purposes,
scientific purposes, the enhancement of propagation or survival of the species, and other
conservation 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 acting 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 removal 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 prospects;
(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 paragraphs (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.
50 CFR 17.84(h)(5) (enhanced display)

page 33 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(h)(6)

(6) No person shall possess, sell, deliver, 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 applicable State fish and wildlife laws or regulations or the Endangered
Species Act.
(7) It is unlawful for any person to attempt 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 conservation order
seasons, in the following situations:
(i)

For the purpose of avoiding take of whooping cranes in the NEPs identified in paragraphs
(h)(9)(i) through (iv) of this section;

(ii) If a clearly marked whooping crane from the NEPs identified in paragraphs (h)(9)(i) through (iv)
of this section wanders outside the designated NEP areas. In this situation, the Service 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 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 following:
(i)

The entire State of Florida (the Kissimmee Prairie NEP). The reintroduction site is the
Kissimmee Prairie portions of Polk, Osceola, Highlands, and Okeechobee Counties. The
experimental population released at Kissimmee Prairie is expected to remain mostly within the
prairie region of central 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 contiguous United States that includes the States of Alabama,
Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota,
Mississippi, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Virginia, West Virginia,
and Wisconsin (the Eastern Migratory NEP). Whooping cranes within this population are
expected to occur mostly within the States of Wisconsin, Illinois, Indiana, Kentucky, Tennessee,
Georgia, and Florida. The additional States included within the experimental population area are
those expected to receive occasional use by the cranes, or which may be used as breeding 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 location of a resident nonmigratory
population of whooping cranes that bred and reared young in Louisiana. Whooping cranes
within this nonmigratory population are expected to occur mostly within the White Lake
Wetlands Conservation Area and the nearby wetlands in Vermilion Parish. The marshes and
wetlands of southwestern Louisiana are expected to receive occasional 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 follows:
50 CFR 17.84(h)(9)(v) (enhanced display)

page 34 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(h)(10)

(10) The reintroduced populations will be monitored during the duration of the projects by the use of radio
telemetry and other appropriate measures. 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 physical 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 management needs. This review will take into account the reproductive success and
movement patterns of the individuals released within the experimental population areas.
(i)

California condor (Gymnogyps californianus).
(1) Where is the California condor designated as a nonessential experimental population (NEP)? The NEP
area for the California condor is within the species' historical range in northern California,
northwestern Nevada, and Oregon.
(i)

The western boundary of the NEP is the Submerged Lands Act boundary line along the Pacific
coast. The southern 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 Pacific Ocean to its
junction with California State Route 1; north to the junction 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

50 CFR 17.84(i)(1)(i) (enhanced display)

page 35 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(i)(1)(ii)

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 boundaries are
inclusive of the entire highway right of way.
(ii) Map follows:

50 CFR 17.84(i)(1)(ii) (enhanced display)

page 36 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(i)(1)(ii) (enhanced display)

50 CFR 17.84(i)(1)(ii)

page 37 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(i)(1)(iii)

(iii) We are designating the experimental population area to accommodate 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 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 recovered and subsequently removed from the list in § 17.11(h) in
accordance with the Act; or
(B) The reintroduction is not successful and the regulations in this paragraph (i) are revoked.
(v) Legal actions or other circumstances may compel a change in this nonessential experimental
population's legal status to essential, threatened, or endangered, or compel the Service to
designate critical habitat for the California condors within the experimental population area
defined in this rule. If this happens, all California condors will be removed from the area and this
experimental population rule will be withdrawn, unless the participating parties in the
reintroduction effort agree that the condors should remain in the wild. Changes in the legal
status and/or removal of this population of California condors will be made in compliance with
any applicable Federal rulemaking 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)

Throughout 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
section), provided such take is non-negligent, incidental to a lawful activity (i.e., not done on
purpose), and you report 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 reasonable 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; recreational shooting; ranching; farming; existing authorized uses of private and public
lands; driving; recreational activities; and administrative and emergency 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, pursuant to the terms of the permit. Additionally,
any employee or agent of the Service, National Park Service, Yurok Tribe Natural Resource
Division, California Department of Parks and Recreation, 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 population area to improve
California condor survival or recovery;
(C) To relocate California condors that have moved outside the experimental population area;
(D) To transport California condors to and from veterinary facilities or captive-breeding
facilities;
50 CFR 17.84(i)(2)(ii)(D) (enhanced display)

page 38 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(i)(2)(ii)(E)

(E) To address conflicts with ongoing or proposed activities in an attempt to improve
California condor survival;
(F) To aid a sick, injured, or orphaned 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 investigations involving the California condor.

(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 reported as soon as possible to the California Condor Field Coordinator, California
Condor Recovery Office, 2493 Portola Road, Suite A, Ventura, California 93003, (805/
644–5185), who will determine 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 California 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.
(i)

Except as expressly allowed in paragraph (i)(2) of this section, all of the provisions of § 17.31(a)
and (b) apply to the California condor in areas identified 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 catastrophic wildfire or during responses to wildfire or other emergencies.
(iii) Significant visual or noise disturbance (e.g., tree felling, chainsaws, helicopter overflights,
concrete cutters, fireworks, explosives) 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 catastrophic wildfire or during responses to wildfire or other
emergencies. Activities such as ranching and use of existing roads and trails would not be
considered a significant visual or noise disturbance.
(iv) You must not possess, sell, deliver, 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 violation 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 expressly allowed in paragraph (i)(2) of this section.
(4) How will the effectiveness of this reintroduction 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 continue or terminate reintroductions every 5 years as part of our
5-year status review for the species.
(i)

This evaluation will include, but will not be limited to: A review of management issues; California
condor movements and post-release behavior; assessment of food resources and dependence
of California condors on supplemental food; fecundity of the population; causes and rates of
mortality; project costs; public acceptance; and progress toward establishing a self-sustaining
population.

50 CFR 17.84(i)(4)(i) (enhanced display)

page 39 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(i)(4)(ii)

(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, serious
consideration will be given to terminating 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 population 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 Endangered Species Act (Act) if you unavoidably and unintentionally take
(including killing or injuring) a California condor, provided such take is non-negligent and
incidental to a lawful activity, such as hunting, driving, or recreational 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 § 17.32, you may take California condors in the
wild in the experimental population area, pursuant 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 designated 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 address conflicts with ongoing or proposed activities, or with private
landowners, when removal is necessary to protect the condor, or is requested by an adversely
affected landowner or land manager, or other adversely affected party. Adverse effects and
requests for condor relocation will be documented, reported and resolved in as an expedient
manner as appropriate to the specific situation to protect condors and avoid conflicts. Prior to
any efforts to relocate condors, the Service will obtain permission from the appropriate
landowner(s);
(iii) To relocate California condors that have moved outside the experimental population area, by
returning the condor to the experimental population area or moving it to a captive breeding
facility. All captures and relocations from outside the experimental population area will be
coordinated with Service Cooperators, and conducted with the permission of the landowner(s)
or appropriate land management agency(s).
(iv) To aid a sick, injured, or orphaned California condor;
(v) To salvage a dead specimen that may be useful for scientific study; or
(vi) To dispose of a dead specimen.

50 CFR 17.84(j)(4)(vi) (enhanced display)

page 40 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(j)(5)

(5) Any taking pursuant to paragraphs (j)(2), (j)(4)(iv), (j)(4)(v), and (j)(4)(vi), of this section must be
reported 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 (telephone 602/
640–2720) who will determine the disposition of any live or dead specimens.
(6) You must not possess, sell, deliver, 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 violation 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 population area of the California condor includes portions of three
states—Arizona, Nevada, and Utah. The southern boundary is Interstate Highway 40 in Arizona from
its junction with Highway 191 west across Arizona to Kingman; 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 northern
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 accommodate the potential
future movements of a wild population of condors. All released condors and their progeny are
expected to remain in the experimental area due to the geographic extent 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 authorized personnel of the Service, Bureau of Land Management, or appropriate
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 period of time, or
permanently.
(10) The status of the reintroduction project is to receive an informal review on an annual basis and a
formal evaluation within the first 5 years after the initial release, and every 5 years thereafter. This
evaluation will include, but not be limited to: a review of management issues; compliance with
agreements; assessment of available carrion; dependence of older condors on supplemental food
sources; post release behavior; causes and rates of mortality; alternative release sites; project costs;
public acceptance; and accomplishment of recovery tasks prescribed in California Condor Recovery
Plan. The number of variables that could affect this reintroduction project make it difficult to develop
50 CFR 17.84(j)(10) (enhanced display)

page 41 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(j)(11)

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 released 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 experimental population
designation to experimental essential, threatened, or endangered, or modify the experimental
population area boundaries without consulting with and obtaining the full cooperation of affected
parties located within the experimental population area, the reintroduction program 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 circumstances may compel a change in this nonessential experimental
population's legal status to essential, threatened, or endangered, or compel the Service to
designate critical habitat for the California condors within the experimental population area
defined 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 removal of this population of California condors will be made in compliance with any
applicable Federal rulemaking and other procedures.

50 CFR 17.84(j)(11)(ii) (enhanced display)

page 42 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(j)(11)(ii) (enhanced display)

50 CFR 17.84(j)(11)(ii)

page 43 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)

(k) Mexican wolf (Canis lupus baileyi). This paragraph (k) sets forth the provisions of a rule to establish an
experimental population of Mexican wolves.
(1) Purpose of the rule. The U.S. Fish and Wildlife Service (USFWS) finds that reestablishment of an
experimental population of Mexican wolves into the subspecies' probable historical range will further
the conservation and recovery of the Mexican wolf subspecies. The USFWS also finds that the
experimental population is not essential under § 17.81(c)(2).
(2) Determinations. The Mexican wolf population reestablished in the Mexican Wolf Experimental
Population Area (MWEPA), identified in paragraph (k)(4) of this section, is one nonessential
experimental population. This nonessential experimental population will be managed according to
the provisions of this rule. The Service does not intend to change the nonessential experimental
designation to essential experimental, threatened, or endangered. Critical habitat cannot be
designated under the nonessential experimental 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 offspring 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 Mexican wolves. The Service, Wildlife Services, or other Service-designated agencies will
confirm cases of wolf depredation on lawfully present domestic animals. 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, 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 permit 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 affect reproductive success,
natural behavior, 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, vaccinating, etc.), off-road vehicle use, hunting, and any other use or
activity with the potential to disturb wolves. The following activities are specifically excluded
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 legally permitted
activities are ongoing if no reasonable alternative route exists;

50 CFR 17.84(k)(3) “Disturbance-causing land-use activity” (C) (enhanced display)

page 44 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(3) “Disturbance-causing land-use activity”
(D)

(D) Use of lands within the National Park or National Wildlife Refuge Systems 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. Forest Service,
Department of Energy, or Department of Defense.
Feral dog means any dog (Canis familiaris) or wolf–dog hybrid that, because of absence of physical
restraint or conspicuous means of identifying it at a distance as non-feral, is reasonably
thought to range freely without discernible, proximate control by any person. Feral dogs do not
include domestic 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 negligent actions or omissions that create the likelihood of injury to
wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns,
which include, but are not limited to, breeding, feeding, or sheltering.
In the act of biting, killing, or wounding 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
include 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 releasing 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 deliberate, preplanned harassment of Mexican wolves, including by
less-than-lethal means (such as 12-gauge shotgun rubber-bullets and bean-bag shells)
designed 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 harassment 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 livestock 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 Arizona 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.

50 CFR 17.84(k)(3) “Mexican Wolf Experimental Population Area (MWEPA)” (enhanced display)

page 45 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(3) “Non-Federal land”

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 prohibitions 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 scaring any Mexican wolf from the immediate area by taking
actions such as discharging firearms or other projectile-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 harassment might cause temporary, non-debilitating physical injury, but is not reasonably
anticipated to cause permanent physical injury or death. Opportunistic 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, yearlings, and pups greater
than 4 months of age) that were involved in a depredation on lawfully present domestic
animals;
(B) Habituated to humans, human residences, or other facilities regularly occupied by humans;
or
(C) Aggressive when unprovoked toward 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 summer after birth during the period from June 1 to September 30.
Several rendezvous sites may be used in succession 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 conservation goals in compliance with the Act, this experimental population rule, and
other Service policies. If a Federal, State, or tribal agency becomes a designated agency
through a Service-approved management plan, the Service will help coordinate their activities
while retaining authority for program direction, oversight, guidance, and authorization 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 subject 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 purchased
by tribes to be private land.
50 CFR 17.84(k)(3) “Tribal trust land” (enhanced display)

page 46 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(3) “Unacceptable impact to a wild ungulate
herd”

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 methodology, 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 activity, 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 unintentional take.
Wild ungulate herd means an assemblage of wild ungulates (bighorn sheep, bison, deer, elk, or
pronghorn) living in a given area.
Wildlife Services means the U.S. Department of Agriculture, Animal and Plant Health Inspection
Service, Wildlife 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 allowed to naturally disperse and occupy and where Mexican wolves may be initially
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 allowed 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 agreement with
tribal agencies.
(B) The northern boundary of Zone 2 is Interstate Highway 40; the western boundary extends
south from Interstate Highway 40 and follows Arizona State Highway 93, Arizona State
Highway 89/60, Interstate Highway 10, and Interstate Highway 19 to the United StatesMexico international border; the southern boundary is the United States-Mexico
international border heading east, then follows New Mexico State Highway 81/146 north
to Interstate Highway 10, then along New Mexico 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 Highway 285
north to the northern boundary 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.
50 CFR 17.84(k)(3) “Zone 3” (enhanced display)

page 47 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(3) “Zone 3” (A)

(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 reduce human conflict. We expect
Mexican 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 Interstate 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 Arizona–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
international border heading west, then follows State Highway 81/146 north to Interstate
Highway 10, then along State Highway 26 to Interstate Highway 25, the southern boundary
continues along State Highway 70/54/506/24; the western boundary follows the eastern
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 Highway 40.
(4) Designated area. The designated experimental population area for Mexican wolves classified as a
nonessential experimental population by this rule is within the subspecies' probable historical range
and is wholly separate geographically from the current range of any known Mexican wolves. The
boundaries of the MWEPA are the portions of Arizona and New Mexico that are south of Interstate
Highway 40 to the international border with Mexico. A map of the MWEPA follows:

50 CFR 17.84(k)(4) (enhanced display)

page 48 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(5)

(5) Prohibitions. Take of any Mexican wolf in the experimental population is prohibited, except as
provided in paragraph (k)(7) of this section. Specifically, the following actions are prohibited by this
rule:
(i)

No person may possess, sell, deliver, carry, transport, ship, import, or export by any means
whatsoever any Mexican wolf or wolf part from the experimental population except as
authorized in this rule or by a valid permit 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 incident to the Service's Mexican
Wolf Recovery 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 commit, solicit another to commit, or cause to be committed, any
offense defined in this rule.
(iii) Taking a Mexican wolf with a trap, snare, or other type of capture device within occupied
Mexican wolf range is prohibited (except as authorized in paragraph (k)(7)(iv) of this section)
and will not be considered unintentional take, unless due care was exercised to avoid injury or
death to a wolf. With regard to trapping activities, due care includes:
50 CFR 17.84(k)(5)(iii) (enhanced display)

page 49 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(5)(iii)(A)

(A) Following the regulations, proclamations, recommendations, guidelines, 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 either breaking the chain or
escaping with the trap on the wolf, or using sufficiently small traps (less than or equal to a
Victor #2 trap) that allow a reasonable expectation that the wolf will either immediately
pull free from the trap or span the jaw spread when stepping on the trap.
(C) Not taking a Mexican wolf using neck snares.
(D) Reporting the capture of a Mexican 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-collaring and
releasing of the wolf. Per State regulations for releasing nontarget animals, trappers may
also choose to release the animal alive and subsequently contact the Service or
Interagency Field Team.
(6) Reporting requirements. Unless otherwise specified in this rule or in a permit, any take of a Mexican
wolf must be reported to the Service or a designated agency within 24 hours. We will allow additional
reasonable time if access to the site is limited. Report any take of Mexican wolves, including
opportunistic harassment, to the Mexican Wolf Recovery Program, U.S. Fish and Wildlife Service,
New Mexico Ecological Services Field Office, 2105 Osuna Road, NE., Albuquerque, NM 87113; by
telephone 505–761–4704; or by facsimile 505–346–2542. Additional contact information can also
be found on the Mexican 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 nonlethal 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 designated
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 provided that Mexican wolves are not purposefully 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 physical
injury or death. Any form of opportunistic harassment must be reported 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 Service or its designated agency may issue
permits valid for not longer than 1 year, with appropriate stipulations or conditions, to allow

50 CFR 17.84(k)(7)(iii) (enhanced display)

page 50 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(7)(iv)

intentional harassment of Mexican wolves. The harassment 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 paragraph (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 freshly 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, killing, or wounding domestic animals may be referred to the
appropriate authorities for investigation.
(B) Take of Mexican wolves by livestock guarding dogs, when used to protect livestock on
non-Federal lands, is allowed. If such take by a guard dog occurs, it must be reported as
specified in accordance with paragraph (k)(6) of this section.
(C) Based on the Service's or a designated agency's discretion and in conjunction with a
removal action authorized by the Service, the Service or designated 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. Permits 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 completing control actions.
Domestic animal 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 section by documenting that at least 22 released wolves
have survived to breeding age in the MWEPA, 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 minimum cumulative number of released wolves
surviving to breeding age since January 1, 2016, as documented annually 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

50 CFR 17.84(k)(7)(iv)(C)(1)(i) (enhanced display)

page 51 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

Year

50 CFR 17.84(k)(7)(iv)(C)(1)(ii)

Benchmark

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 paragraph (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 paragraph (k)(9)(v) of
this section, the conditional annual basis for issuing permits 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 Service, the Service may issue permits to livestock
owners or their agents (e.g., employees, land manager, local officials) 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 section by documenting that at least 22 released wolves
have survived to breeding 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 minimum cumulative number of released wolves
surviving to breeding age since January 1, 2016, as documented annually 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

50 CFR 17.84(k)(7)(v)(A)(1)(i) (enhanced display)

page 52 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

Year

50 CFR 17.84(k)(7)(v)(A)(1)(ii)

Benchmark

2028

18

2029

20

2030

22

; or
(ii) Permitted take on Federal land, or on non-Federal land under paragraph (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 objective set forth at paragraph (k)(9)(v) of this section.
(2) After the USFWS has achieved the genetic objective set forth at paragraph (k)(9)(v) of
this section, the conditional annual basis for issuing permits will no longer be in
effect.
(3) Permits 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 completing control actions. Livestock owners 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 freshly wounded or killed livestock. The take of any Mexican wolf without
evidence of biting, killing, or wounding domestic animals may be referred to the
appropriate authorities for investigation.
(B) Take of Mexican wolves by livestock guarding dogs, when used to protect livestock on
Federal lands, is allowed. If such take by a guard dog occurs, 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 conference with the Service if they propose an action that is likely to jeopardize
the continued existence of the Mexican wolf. In areas within the National Park System and
National Wildlife Refuge System, Federal agencies must treat Mexican wolves as a
threatened species for purposes of complying with section 7 of the Act.
(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 defined in paragraph (k)(3) of this section, the respective
State game and fish agency may request approval from the Service that Mexican wolves be
removed from the area of the impacted wild ungulate herd. Upon written approval from the
Service, the State (Arizona 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
following provisions:
(A) The Arizona or New Mexico game and fish agency must prepare a science-based
document that:
50 CFR 17.84(k)(7)(vi)(A) (enhanced display)

page 53 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(7)(vi)(A)(1)

(1) Describes what data indicate that the wild ungulate herd is below management
objectives, what data indicate that the impact on the wild ungulate herd is influenced
by Mexican wolf predation, 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 Mexican 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 submittal to the
Service for written concurrence. 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
Management and Budget's most recent Final Information and Quality Bulletin
for Peer Review and include in their proposal an explanation of how the
bulletin's standards were considered and satisfied; and

(ii) Obtain at least three independent peer reviews from individuals with relevant
expertise other than staff employed by the State (Arizona or New Mexico)
requesting approval from the Service that Mexican wolves be removed 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 determination 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
approved, the Service will include in the written determination which management action
(capture and translocate in MWEPA, move to captivity, transfer to Mexico, lethally take, or
no action) is most appropriate for the conservation 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
objective at paragraph (k)(9)(v) of this section has been met.
(vii) Take by Service personnel or a designated agency. The Service or a designated agency may take
any Mexican wolf in the experimental population in a manner consistent with a Serviceapproved management plan, special management measure, biological opinion pursuant to

50 CFR 17.84(k)(7)(vii) (enhanced display)

page 54 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(7)(vii)(A)

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 permit 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 capturing 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 disposition of all Mexican
wolves (live or dead) or their parts taken as part of a Service-approved management
activity must follow provisions in Service-approved management plans or interagency
agreements or procedures approved 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-approved 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 opportunistic harassment,
nonlethal control measures, translocation, placement in captivity, or lethal control of
problem wolves. To determine the presence of problem wolves, the Service will consider
all of the following:
(1) Evidence of wounded domestic animal(s) or remains of domestic animal(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 intentional feeding (baiting) of Mexican wolves; and
(4) Evidence that Mexican wolves are habituated to humans, human residences, or other
facilities regularly occupied by humans, or evidence that Mexican wolves have
exhibited unprovoked and aggressive behavior toward humans.
(D) Wildlife Services will not use M–44's and choking-type snares in occupied Mexican wolf
range. Wildlife Services may restrict or modify other predator control activities pursuant to
a Service-approved management agreement 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 paragraph (k)(6) of this section. Hunters and other shooters have the
responsibility 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 considered
unintentional take. Take by poisoning will not be considered unintentional take.

50 CFR 17.84(k)(7)(viii)(A) (enhanced display)

page 55 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(7)(viii)(B)

(B) Federal, State, or tribal agency employees or their contractors may take a Mexican wolf or
wolf-like animal if the take is unintentional and occurs 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 reported as specified in accordance with
paragraph (k)(6) of this section.
(C) Take of Mexican wolves by Wildlife Services employees while conducting official duties
associated with predator damage management activities for species other than Mexican
wolves may be considered unintentional if it is coincidental to a legal activity and the
Wildlife Services employees have adhered to all applicable Wildlife Services' policies,
Mexican wolf standard operating procedures, and reasonable and prudent measures or
recommendations contained in Wildlife Service's biological and conference opinions.
(ix) Take for research purposes. The Service may issue permits under § 17.32, and designated
agencies may issue permits under State and Federal laws and regulations, for individuals to
take Mexican wolves pursuant to scientific study proposals approved by the agency or
agencies with jurisdiction for Mexican wolves and for the area in which the study will occur.
Such take should lead to management recommendations for, and thus provide for the
conservation of, the Mexican wolf.
(8) Disturbance-causing land-use activities. For any activity on Federal lands that the Service determines
could adversely affect reproductive success, natural behavior, or persistence of Mexican wolves, the
Service will work with Federal agencies to use their authorities 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 active dens between approximately April 1 and July 31, and
around active Mexican wolf rendezvous sites between approximately 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 Mexican 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 landowner 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 develop and implement management actions
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 population, as calculated by a geometric mean.
(iv) We are implementing a phased approach to Mexican wolf management within the MWEPA in
western Arizona as follows:
50 CFR 17.84(k)(9)(iv) (enhanced display)

page 56 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(A)

(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 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). However, during Phase 1, dispersal 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:

50 CFR 17.84(k)(9)(iv)(A) (enhanced display)

page 57 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(A) (enhanced display)

50 CFR 17.84(k)(9)(iv)(A)

page 58 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(B)

(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 Arizona. No translocations can be
conducted 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 section). However, during Phase 2, dispersal and occupancy west
of Interstate Highway 17 will be limited to the area east of Highway 89 in Arizona. A map
of Phase 2 follows:

50 CFR 17.84(k)(9)(iv)(B) (enhanced display)

page 59 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(B) (enhanced display)

50 CFR 17.84(k)(9)(iv)(B)

page 60 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(C)

(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. 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 section). A map of Phase 3 follows:

50 CFR 17.84(k)(9)(iv)(C) (enhanced display)

page 61 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(C) (enhanced display)

50 CFR 17.84(k)(9)(iv)(C)

page 62 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(k)(9)(iv)(D)

(D) While implementing this phased approach, two evaluations will be conducted: The first
evaluation will cover the first 5 years and the second evaluation 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 consider 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 population growth, we will move forward to the next
phase. Regardless of the outcome of the two evaluations, by the beginning of year 12
from February 17, 2015, we will move to full implementation 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 agencies will conduct a sufficient number of releases into the
MWEPA from captivity to result in at least 22 released Mexican wolves surviving to breeding
age.
(10) Evaluation. The USFWS will continue to evaluate Mexican wolf reestablishment progress and prepare
periodic progress reports and detailed annual reports. In addition, approximately 5 years after
August 1, 2022, the USFWS will prepare a one-time overall evaluation of the experimental population
program that focuses on modifications needed to improve the efficacy 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 special rule apply? The special rule in this paragraph (l) applies to the designated
Bitterroot Grizzly Bear Experimental Population Area (Experimental Population Area), which is found
within the species' historic range and is defined as follows:
The boundaries of the Experimental Population Area are delineated by U.S. 93 from its junction with the
Bitterroot River near Missoula, 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; Interstate 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.
Highway 93, near Missoula, Montana (See map at the end of this paragraph (l)).
(2) What is the legal status of the grizzly bear?
(i)

The grizzly bear is listed as “threatened” in § 17.11 (h) and protected 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.

50 CFR 17.84(l)(2)(i) (enhanced display)

page 63 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(2)(ii)

(ii) We have determined that, as of December 18, 2000, no grizzly bear population exists in the
Experimental Population Area. We find, in accordance with § 17.81 (b), that the reintroduction
of grizzly bears as a nonessential experimental population, as defined in § 17.81 (b), will further
the conservation of the species and will be consistent with provisions of section 10(j) of the
Act, which requires that an experimental population be geographically separate from other
nonexperimental populations of the same species. We also find, in accordance with § 17.81
(c)(2), that the experimental population of grizzly bears in the Experimental Population Area is
not essential to the survival of the species in the wild.
(iii) Grizzly bears within the Experimental Population Area and the Recovery Area will be
accommodated through management provisions provided for in this paragraph (l) and through
management plans and policies developed by the Citizen Management Committee (Committee;
see paragraph (l)(6) of this section). After reintroduction, every grizzly bear found within the
Experimental Population Area will be considered a member of the nonessential experimental
population.
(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 threatened.
(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 Population
Area. The Recovery Area consists of the Selway-Bitterroot Wilderness and the Frank Church-River of
No Return Wilderness (See map at the end of paragraph (l) of this section). All reintroductions will
take place in the Selway-Bitterroot Wilderness unless it is later determined that reintroduction in the
Frank Church-River of No Return 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, except as provided in this paragraph (l). We may refer
unauthorized take of grizzly bears to the appropriate authorities for prosecution.

(ii) You may not possess, sell, deliver, carry, transport, ship, import, or export by any means
whatsoever any grizzly bear or parts thereof that are taken from the Experimental Population
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 incidental 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
section. Persons lawfully engaged in hunting or shooting activities must correctly identify their

50 CFR 17.84(l)(5)(i) (enhanced display)

page 64 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(5)(ii)

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 taking a grizzly bear that is wrongly identified as another species may be referred 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 conservation purposes. Such permits must be
consistent with the Act, with management plans adopted for the nonessential experimental
population, and with applicable State wildlife conservation 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 location, 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, Portland, 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 Montana Department
of Fish, Wildlife and Parks, 1420 E. Sixth Avenue, Helena, Montana 59620 (406–444–2535); and
Nez 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 authorities to
harass (see definition in § 17.3) grizzly bears found in the Experimental Population Area that
are actually 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, Federal, 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, noninjurious harassment” in paragraph (l)(16) of this section) to the grizzly bear,
and such harassment must be reported within 24 hours as to date, exact location, and
circumstances to the authorities 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 authorities to
take grizzly bears on private lands found in the Experimental Population Area in a manner other
than harassment as defined in this paragraph (l), in order to protect livestock actually pursued
or being killed on private property. Prior to issuance of such a permit, authorized State, Federal,
or Tribal officials must document pursuit or killing of livestock. Any response protocol
established by the Committee must have been satisfied and efforts to capture depredating
grizzly bears by Service or State or Tribal wildlife agency personnel must have proven
unsuccessful. All such taking 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 Experimental Population Area if such action
is necessary to:
(A) Aid a sick, injured, or orphaned grizzly bear;
50 CFR 17.84(l)(5)(vi)(A) (enhanced display)

page 65 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(5)(vi)(B)

(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 constitutes a demonstrable but nonimmediate threat to human
safety or that is responsible for depredations to lawfully present domestic animals or
other personal property, if otherwise eliminating such depredation or loss of personal
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 improve grizzly bear
survival and recovery prospects; or
(F) Relocate a grizzly bear to avoid conflict with human activities. 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 outside the national forest boundary in
the Bitterroot Valley, Montana (exclusion area), any human/grizzly conflicts will be
considered unacceptable. Grizzly bear occupancy will be discouraged in the exclusion
area, and grizzly bears found there will be captured and returned 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 agencies will attempt to
capture it immediately 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 Experimental Population Area
that, in the judgment of the management agencies or Committee, presents a clear threat
to human safety or whose behavior indicates that it may become habituated to humans,
will be relocated or destroyed by management agencies.
(6) How will local citizens be involved in the management of the Bitterroot nonessential experimental
grizzly bear population?
(i)

The Secretary will establish a Citizen Management Committee for the Bitterroot grizzly bear
experimental population and will authorize management implementation responsibility 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 nominations of citizen members from the Governors of Idaho and
Montana and the Nez Perce Tribe and nominations of agency members by represented
agencies.

(ii) The Committee will be composed of 15 members serving 6-year terms. Appointments may
initially be of lesser terms to ensure staggered replacement.
(A) Membership will consist of seven individuals appointed by the Secretary based upon the
recommendations of the Governor of Idaho, five members appointed 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 recommendation of the Nez
Perce Tribe, one member representing the Forest Service appointed by the Secretary of
Agriculture, and one member representing the Fish and Wildlife Service appointed by the
Secretary. Members recommended by the Governors of Idaho and Montana will be based
50 CFR 17.84(l)(6)(ii)(A) (enhanced display)

page 66 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(6)(ii)(B)

on the recommendations of interested parties and will include at least one representative
each from the appropriate State wildlife agencies. If either Governor or the Tribe fails to
make recommendations within 60 days, the Secretary (or his/her designee) will accept
recommendations 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 commitment to collaborative decisionmaking. In their recommendations to the Secretary, the Governors of Idaho and Montana
will attach written documentation of the qualifications of those nominated relating to their
knowledge of, and experience in, natural resource issues and their commitment 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 information be readily available to the Committee? The Secretary will
appoint two scientific advisors to the Committee as nonvoting members to attend all meetings 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 Chapters in Idaho and Montana and the Universities of Idaho and Montana for
nominations and will select one wildlife 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 facilitate recovery of the grizzly bear in the Bitterroot
ecosystem by assisting in implementing the Bitterroot ecosystem 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
recommendations 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 responsibility of the land and wildlife management agencies.

(ii) The Committee will meet a minimum of two times per year. These meetings will be open to the
public. Additionally, the committee will provide reasonable public notice of meetings, produce
and provide written minutes of meetings to interested persons, and involve the public in its
decision-making process. This public participation 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 economic 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 comments 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 available. All decisions of the Committee, including

50 CFR 17.84(l)(9)(i) (enhanced display)

page 67 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(9)(ii)

components of its management plans, must lead toward recovery of the grizzly bear in the
Bitterroot ecosystem and minimize social and economic impacts to the extent practicable
within the context of the existing recovery goals for the species.
(ii) Soliciting technical advice and guidance from outside experts. The scientific advisors will lead
the development of an ongoing process to provide the Committee with the best scientific and
commercial data available. The scientific advisors will provide this information in the form of
peer-reviewed scientific articles on grizzly bears and their management, Committee meetings
with presentations by scientific experts, and requests to State and Federal management
agencies and the private 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 develop recommendations on existing management
plans and policies of land and wildlife management agencies, as necessary, for the
management of grizzly bears in the Experimental Population 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 recommendations require significant changes to existing plans
and policy, and the agencies tentatively agree to accept those recommendations, then the
requirements of the National Environmental 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 comments and opinions and those of the Forest Service, Idaho
Department of Fish and Game, the Montana Department 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 Committee. The Committee must thoroughly 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 agencies, and the
Nez Perce Tribe, when necessary to perform administrative functions, and requesting
reimbursement from us for non-Federal Committee 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 perform an annual review of grizzly bear
mortalities and the number and location of bear/human conflicts. This review will be the
primary mechanism to assess the adequacy of existing management techniques and
standards. If the Committee deems such standards and guidelines inadequate for recovery of
grizzly bears, the Committee may recommend changes to the Forest Service and other
agencies and landowners.
(viii) Developing grizzly bear guidance for proper camping and sanitation within the Experimental
Population Area and making recommendations to land management agencies for adoption of
such guidelines. Existing camping and sanitation procedures developed in other ecosystems
with grizzly bears will serve as a basis for such guidelines.
50 CFR 17.84(l)(9)(viii) (enhanced display)

page 68 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(9)(ix)

(ix) Developing a protocol for responding to grizzly/human encounters, livestock depredations,
damage to lawfully present property, and other grizzly/human conflicts within the Experimental
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 activities will result in review by the Committee to determine
what the Committee may do to help prevent future conflicts or mortalities. The Committee 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
determinations, and other criteria for recovery as appropriate.
(xi) Reviewing all human-caused grizzly bear mortalities to determine whether new measures for
avoiding future occurrences are required and make recommendations on such measures 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 Departments in
both Idaho and Montana to develop solutions to minimize the effects on grizzly bears of black
bear hunting.
(xii) Developing strategies to emphasize recovery inside the Recovery Area and to accommodate
grizzly bears inside other areas of the Experimental Population Area.
(A) Grizzly bears may range outside the Recovery Area because grizzly bear habitat exists
throughout the Experimental Population Area. The Committee will not recommend that
bears be disturbed or moved unless conflicts are both significant and cannot be corrected
as determined by the Committee. This provision includes conflicts associated with
livestock, for which the Committee will develop strategies to discourage grizzly bear
occupancy in portions of the Experimental Population Area outside of the Recovery Area.
(B) Unless the Committee determines otherwise, this rule provides that private 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 exclusion area, State and Federal
wildlife management agencies will attempt to capture it immediately 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 the exclusion area or other inhabited
human settlement areas on private land within the Experimental Population Area that, in
the judgment of the management agencies or Committee, presents a clear threat to
human safety or whose behavior indicates that it may become habituated to humans, will
be relocated or destroyed by management agencies.
(xiii) Establishing standards for determining whether the experimental reintroduction has been
successful and making recommendations on the inclusion 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 limited to, one or more of the
following conditions:

50 CFR 17.84(l)(9)(xiii) (enhanced display)

page 69 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(9)(xiii)(A)

(A) If, within the number of years established by the Committee following initial reintroduction,
no relocated grizzly bear remains within the Experimental Population Area and the
reasons for emigration or mortality cannot be identified and/or remedied; or
(B) If, within the number of years established by the Committee following initial reintroduction,
no cubs of the year or yearlings exist and the relocated 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 described 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 recovery goal for the
Bitterroot Ecosystem Chapter of the Grizzly Bear Recovery Plan and a final recovery goal when
sufficient information is available and after grizzly bears are reintroduced and occupy suitable
habitats in the Experimental Population Area. As this information becomes available, the
Committee may recommend the recovery goal to the Secretary along with procedures for
determining how this goal will be measured. The recovery goal for the Bitterroot grizzly bear
population will be consistent with the habitat available within the Recovery Area. Additional
adjacent areas of public land can be considered for contribution of suitable habitat when
setting the recovery goal if additional land is shown to be necessary by the best scientific and
commercial data available. Any recommendations for revised recovery goals developed by the
Committee will require public review and our approval as appropriate prior to revision of any
recovery plan. Grizzly bears outside the Recovery Area and within the Experimental Population
Area can contribute to meeting the recovery goal if their long-term occupancy in such habitats
outside the Recovery 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 coordination 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 management responsibility as per agreements 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 disputes 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 determines, through our
representative on the Committee, that the Committee's decisions, work plans, or the
implementation of those plans are not leading 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
implementation of a plan is leading to recovery and is in compliance with this paragraph (l). The
Secretary, who retains final responsibility and authority for implementation of the Act, will
review 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

50 CFR 17.84(l)(11)(i) (enhanced display)

page 70 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(11)(ii)

plan, or implementation of a plan by the Committee is inadequate for recovery of the grizzly
bear or is not in compliance with this paragraph (l), the Secretary may assume lead
management responsibility.
(ii) The Service representative will consider Committee input before making any determination that
Committee actions are not leading to recovery or are not in compliance with this paragraph (l).
In the event that our representative on the Committee determines that the actions of the
Committee are not leading to recovery of the Bitterroot grizzly bear population or are not in
compliance with this paragraph (l), he or she will recommend to the Committee, based on the
best scientific and commercial data available, alternative or corrective actions and provide 6
months for the Committee to accomplish those actions. Should the Committee reject these
corrective actions, our representative will convene a Scientific Review Panel of three and will
submit to the panel for review those Committee actions or decisions that he or she has
determined are not leading to recovery or are not in compliance with this paragrpah (l). The
Service representative will consider the views of all Committee members prior to convening a
Scientific Review Panel.
(iii) Members of the Scientific Review Panel will be professional scientists who have had no
involvement with the Committee and are not employed 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
(respectively), will select one panel member each. The Scientific Review Panel will review
Committee actions or decisions, solicit additional information if necessary and, using the best
scientific and commercial data available, make timely recommendations to the Committee as
to whether Committee actions will lead to recovery of the grizzly bear in the Bitterroot
ecosystem and are in compliance with paragraph (l). Examples of Committee actions,
decisions, or lack of actions that can be submitted to the Scientific Review Panel include, but
are not limited to, the following: sufficiency of public involvement in Committee activities;
decisions involving sanitation and outreach activities; management of nuisance bears;
adequacy of recommendations to land and wildlife management agencies; adequacy of
Committee actions in addressing issues such as excessive human-caused grizzly bear
mortality; and other actions important to recovery of the grizzly bear in the Bitterroot
ecosystem. Committee compliance with paragraph (l) provides the basis for the
recommendations of the Scientific Review Panel.
(iv) If, after timely review, the Committee rejects the recommendations of the Scientific Review
Panel, and our representative determines that Committee actions are not leading to recovery of
the Bitterroot population, he or she will notify the Secretary. The Secretary will review the
Panel's recommendations and determine the disposition of the Committee.
(A) If the Secretary determines that the Committee should maintain lead management
responsibility, the Committee will continue to operate according 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 assume lead management responsibility, the Secretary will
consult with the Governors of Idaho and Montana regarding that decision and further
attempt to resolve the disagreement. If, after such consultation, the Secretary assumes
lead management responsibility, the Secretary will publish a notice in the FEDERAL REGISTER
50 CFR 17.84(l)(11)(iv)(B) (enhanced display)

page 71 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(12)

explaining 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 reintroduced 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 Bitterroot grizzly bear recovery
will be reevaluated separately by the Committee and by the Secretary at 5-year intervals. This review
will take into account the reproductive success of the grizzly bears released, human-caused
mortality, movement patterns of individual bears, food habits, and overall health of the population
and will recommend changes and improvements in the recovery program. Evaluating these
parameters will assist in determining success or failure of the restoration.
(14) What process will be followed if the Secretary determines the project has failed?
(i)

If, based on the criteria established by the Committee, the Secretary, after consultation with the
Committee, the Governors of Idaho and Montana, the Idaho Department of Fish and Game, the
Montana Department 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 remaining bears will retain their experimental status.

(ii) Prior to declaring the experimental reintroduction a failure, we will investigate the probable
causes of the failure. If the causes can be determined, and legal and reasonable remedial
measures identified and implemented, we will consider continuing the recovery effort and
maintaining the relocated population. If such reasonable measures cannot be identified and
implemented, we will publish the results of our evaluation in the FEDERAL REGISTER in a proposed
rulemaking to terminate the authority for additional experimental grizzly bear reintroductions in
the Bitterroot ecosystem.
(15) Will the legal status of grizzly bears in the Experimental Population Area change? We do not intend to
change the “nonessential experimental” designation to “essential experimental,” “threatened,” or
“endangered” and foresee no likely situation that would result in such changes. Critical habitat
cannot be designated under the nonessential experimental classification, 16 U.S.C. 1539(j)(2)(C)(ii).
(16) What are the definitions of key terms used in the special 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 paragraph (l):
Accommodate means allowing grizzly bears that move outside the Recovery Area onto public land in
the Experimental Population Area to remain undisturbed unless they demonstrate a real and
imminent threat to human safety or livestock.
Citizen Management Committee (Committee) means that Committee described in paragraph (l)(6) of
this section.
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
Experimental Population Area in the Bitterroot Valley outside the Bitterroot National Forest
boundary south of U.S. Highway 12 to Lost Trail Pass and west of Highway 93.
50 CFR 17.84(l)(16) “Exclusion area” (enhanced display)

page 72 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(l)(16) “Experimental Population Area”

Experimental Population Area (Bitterroot Grizzly Bear Experimental Population Area) means that area
delineated in paragraph (l)(1) of this section within which management plans developed as part
of the Committee described in paragraph (l)(9) of this section will be in effect. This area
includes the Recovery Area. The Experimental Population Area is within the historic range of the
grizzly bear, but geographically separate from the current range of the grizzly bear.
Geographically separate means separated by more than 10 miles. The term refers to “wholly separate
geographically” 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 geographically
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 personnel
of at least two different female grizzly bears with young or one female with different litters in 2
different years in an area geographically separate from other grizzly bear populations. Verifiable
evidence of females with young, to be geographically separate, would have to occur greater
than 10 miles from the nearest nonexperimental grizzly bear population recovery zone
boundary.
Opportunistic, noninjurious harassment means harassment (see definition of “harass” in § 17.3) that
occurs when the grizzly bear presents itself (for example, the bear travels onto and is observed
on private land or near livestock). 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 injury 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
Experimental Population Area, and is delineated in paragraph (l)(2) of this section. This area
consists of the Selway-Bitterroot 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. Reintroduction of grizzly bears is planned to occur within the SelwayBitterroot Wilderness portion of the Recovery Area unless it is later determined that
reintroduction 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 reasonable care, is incidental to an otherwise
lawful activity, and is not done on purpose. An example would be striking a grizzly bear with an
automobile. Taking a grizzly bear by shooting will not be considered unavoidable and
unintentional take. Shooters have the responsibility to be sure of their targets.

50 CFR 17.84(l)(16) “Unavoidable and unintentional take” (enhanced display)

page 73 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)

(m) Spotfin chub (=turquoise shiner) (Erimonax monachus)—
50 CFR 17.84(m) (enhanced display)

page 74 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(1)

(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 freeflowing 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 habitat 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 designated 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 expanded 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 backwaters 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, 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.
(iv) We do not intend to change the NEP designations to “essential experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 paragraph (m)(3) of this section, 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
prosecution.
(iii) You 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 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.

50 CFR 17.84(m)(2)(iv) (enhanced display)

page 75 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(3)

(3) What take is allowed in the NEP area? Take of this species that is accidental 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 species experts. We will produce annual
reports detailing the stocking rates and monitoring activities that took place during the previous
year. We will also fully evaluate these reintroduction efforts 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 might be present. This monitoring will be conducted
primarily by snorkeling or seining and will be accomplished by contracting with the appropriate
species 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
reintroduction efforts after 5 and 10 years to determine whether to continue or terminate the
reintroduction efforts.
(5) Note: Map of the Tellico River NEP area for spotfin chub, dusky darter, smoky madtom, and yellowfin
madtom in Tennessee follows:

50 CFR 17.84(m)(5) (enhanced display)

page 76 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(5) (enhanced display)

50 CFR 17.84(m)(5)

page 77 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(6)

(6) Note: Map of the Shoal Creek NEP area for spotfin chub and boulder darter in Tennessee and
Alabama follows:

50 CFR 17.84(m)(6) (enhanced display)

page 78 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(6) (enhanced display)

50 CFR 17.84(m)(6)

page 79 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(7)

(7) Note: Map of the French Broad River and Holston River NEP area for spotfin chub, slender chub,
duskytail darter, pygmy madtom, and yellowtail madtom in Tennessee follows:

50 CFR 17.84(m)(7) (enhanced display)

page 80 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(m)(7) (enhanced display)

50 CFR 17.84(m)(7)

page 81 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(n)

(n) [Reserved]
(o) Boulder darter (Etheostoma wapiti).
(1) Where is the boulder darter designated as a nonessential experimental population (NEP)?
(i)

The NEP area for the boulder darter 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 backwaters 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.

(ii) The boulder darter is not currently known to exist in Shoal Creek 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 upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they came from the
reintroduced population. We would then amend this rule through our normal rulemaking
process in order to 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 experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 paragraph (o)(3) of this section, 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 species to the appropriate authorities for
prosecution.
(iii) You 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 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 accidental 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-ofthe-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 species experts. We will
produce annual reports detailing the stocking rates and monitoring activities that took place during
the previous year. We will also fully evaluate these reintroduction efforts after 5 and 10 years to
determine whether to continue or terminate the reintroduction efforts.
50 CFR 17.84(o)(4) (enhanced display)

page 82 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(o)(5)

(5) Note: Map of the NEP area for the boulder darter in the Shoal Creek, Tennessee and Alabama,
appears immediately following paragraph (m)(6) of this section.
(p) Northern aplomado falcon (Falco femoralis septentrionalis).
(1) The northern 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, scientific purposes, the enhancement of propagation or
survival of the species, zoological exhibition, and other conservation 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
negligence, or is incidental to and not the purpose of the carrying out of an otherwise lawful activity;
and that such taking is reported within 24 hours, as provided under paragraph (p)(6) of this section.
(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 returning the falcon to the NEP area
or moving it to a captive breeding facility. All captures and relocations from outside the NEP
area will be conducted with the permission of the landowner(s) or appropriate land
management agencies; or
(v) Collect nesting data or band individuals.
(6) Any taking pursuant to paragraphs (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 Services Field Office, 2105
Osuna NE, Albuquerque, 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, deliver, 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 attempt 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 designated NEP area are based on county borders and include the entire
States of New Mexico and Arizona. The reintroduction area is within the historical range of the
species in New Mexico.

50 CFR 17.84(p)(9)(i) (enhanced display)

page 83 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(p)(9)(ii)

(ii) All falcons found in the wild within the boundaries of the NEP area after the first releases will be
considered members of the NEP. A falcon occurring outside of the NEP area is considered
endangered under the Act unless it is marked or otherwise known to be a member of the NEP.
(iii) The Service has designated the NEP area to accommodate the potential future movements of a
wild population 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 closely for the duration of the reintroduction program. Any bird 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 permitted Tribal wildlife 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 captive-breeding facility or they are euthanized if
treatment would be unlikely to be effective.
(11) The Service plans to evaluate the status of the NEP every 5 years to determine future management
status and needs, with the first evaluation expected 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 released, 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 experimental population (NEP)? We have
designated two populations of this species as NEPs: The Tellico River 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 or 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 habitat requirements, we do
not expect this species to become established outside these NEP areas. However, if individuals
move upstream or downstream or into tributaries outside either of the designated NEP areas, we
would presume that these individuals came from the reintroduced population. We would then amend
this rule and enlarge the boundaries of the NEP area to include the entire 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, 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.
(iii) We do not intend to change the NEP designations to “essential experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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?
50 CFR 17.84(q)(2) (enhanced display)

page 84 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

(i)

50 CFR 17.84(q)(2)(i)

Except as expressly allowed in paragraph (q)(3) of this section, 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
prosecution.
(iii) You 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 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 accidental 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 efforts 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 following 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 paragraph (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 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 smoky madtom is not currently 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 upstream or downstream or into
tributaries 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 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 experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 allowed in paragraph (r)(3) of this section, all the prohibitions of § 17.31(a)
and (b) apply to the smoky madtom.

50 CFR 17.84(r)(2)(i) (enhanced display)

page 85 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(r)(2)(ii)

(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
prosecution.
(iii) You 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 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 accidental 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 efforts 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 following 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 habitat 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 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.
(iii) We do not intend to change the NEP designations to “essential experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 allowed in paragraph (s)(3) of this section, all the prohibitions of § 17.31(a)
and (b) apply to the slender chub.

50 CFR 17.84(s)(2)(i) (enhanced display)

page 86 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(s)(2)(ii)

(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
prosecution.
(iii) You 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 violation
of paragraph (s)(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 (s)(2) of this section.
(3) What take is allowed in the NEP area? Take of this species that is accidental 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 efforts 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 designated 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 habitat 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 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.
(iii) We do not intend to change the NEP designations to “essential experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 allowed in paragraph (t)(3) of this section, all the prohibitions of § 17.31(a)
and (b) apply to the pygmy madtom.

50 CFR 17.84(t)(2)(i) (enhanced display)

page 87 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(t)(2)(ii)

(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
prosecution.
(iii) You 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 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 accidental 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 efforts 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 paragraph (m)(7) of this section.
(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 follows: Rio Grande, from Little Box Canyon 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
established outside the NEP area. However, 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 experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 silvery 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, wading, trapping, or
swimming), agriculture, and other activities that are in accordance with Federal, State, and local

50 CFR 17.84(u)(2)(i) (enhanced display)

page 88 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(u)(2)(ii)

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 propagation or survival of the species, zoological exhibition, and other
conservation purposes consistent with the Act;
(iii) Any taking pursuant to paragraph (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 determination will be made
as to the disposition of any live or dead specimens. Reporting requirements for take pursuant
to paragraph (u)(2)(ii) of this section will be specifically defined in the permit issued by the
Service.
(3) What take of this species is not allowed in the NEP area?
(i)

Except as expressly 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, 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 violation
of paragraph (u)(3) of this section or in violation of the applicable State or local 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 (u)(3) of this section.
(4) How will the effectiveness of the reestablishment 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 during the first few
years of reestablishment efforts. This monitoring will be conducted primarily by seining and will
be accomplished by Service, National Park Service, or State employees or by contracting with
the appropriate species experts. Annual reports 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 continue or terminate them.
(iii) Note: Map of the NEP area for the Rio Grande silvery minnow in Texas follows:

50 CFR 17.84(u)(4)(iii) (enhanced display)

page 89 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(u)(4)(iii) (enhanced display)

50 CFR 17.84(u)(4)(iii)

page 90 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(v)

(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 scientific purposes, the enhancement of propagation or survival of
the species, and other conservation purposes consistent 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 Management lands;
privately owned lands; and lands of the Tohono O'odham Nation, Colorado River Indian Tribes, Gila
River Indian Reservation, Ak-Chin Indian Reservation, Pascua Yaqui Indian Reservation, and San
Xavier Reservation within the NEP area, provided that such take is incidental to, and not the purpose
of, carrying out any otherwise lawful activity; and provided that such taking is reported as soon as
possible in accordance with paragraph (v)(6) of this section. Otherwise lawful activities are any
activities in compliance 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
testing, 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 scientific 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 purpose
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 scientific 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 biological data, or to attach,
service, or detach radio-telemetry equipment.
(6) Any taking pursuant to paragraphs (v)(3) through (v)(5) of this section must be reported as soon as
possible by calling the U.S. Fish and Wildlife Service, Arizona Ecological Services 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 specimens.
(7) No person may possess, sell, deliver, carry, transport, ship, import, or export by any means
whatsoever, any Sonoran pronghorn or Sonoran pronghorn parts taken in violation of these
regulations.

50 CFR 17.84(v)(7) (enhanced display)

page 91 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(v)(8)

(8) It is unlawful for any person to attempt 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, including 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 potential future movements of
wild Sonoran pronghorn. All released Sonoran pronghorn and their progeny are expected to
remain in the NEP area due to the geographical extent of the designation and substantial
barriers to movement that form the boundaries of the NEP.
(10) The NEP will be monitored closely 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 determine future management
status and needs, with the first evaluation occurring 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
movement patterns of individuals released, food habits, and overall health of the population. This
evaluation will include a progress report.
(12) The areas covered by this proposed nonessential experimental population 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 Highway 85 on the west, Interstates 10 and 19 on the east, and the U.S.-Mexico border on the
south.
(13) Note: Map of the NEP area for the Sonoran pronghorn in southwestern Arizona follows:

50 CFR 17.84(v)(13) (enhanced display)

page 92 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(v)(13) (enhanced display)

50 CFR 17.84(v)(13)

page 93 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(w)

(w) Bull Trout (Salvelinus confluentus)—
(1) Where are populations of this fish designated as nonessential experimental 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 the mainstem Willamette River, from Willamette
Falls to its points of confluence with the Columbia River, including 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 suitable overwintering and forage habitat in the
upper portion of the Clackamas River, as well as the geographic distance from spawning and
rearing habitat in the upper Clackamas River to any overwintering and foraging habitat in the
lower Clackamas and Willamette Rivers, we do not expect the reintroduced fish to become
established outside 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 experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming), agriculture, hydroelectric
power generation, and other activities that are in accordance with Federal, State, Tribal,
and local laws and regulations.
(C) Consistent with Oregon Department of Fish and Wildlife (ODFW) fishing regulations that
have been coordinated with the Service, if due to fishing.
(D) Incidental to any activities related to or associated with the operation 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. Acceptable forms of
taking of bull trout include, but are not limited to, mortality, 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 limited to:
(1) Hydroelectric generation at any project facility;
(2) Maintenance of project facilities;
(3) Provision of upstream and downstream fish passage, whether through fish passage
facilities, powerhouses, bypass facilities, bypass reaches, or spillways;

50 CFR 17.84(w)(2)(i)(D)(3) (enhanced display)

page 94 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(w)(2)(i)(D)(4)

(4) Fish handling at fish separation and counting facilities;
(5) Fish removal from fish passage facilities and areas critical to downstream 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 sampling in connection with FERC-approved studies; and
(8) Approved resource protection, mitigation, and enhancement measures.
(E) Consistent with the adaptive management process identified for this project including:
(1) The targeted relocation or possible removal of bull trout by the Service or our project
partners, if bull trout are documented staging at the entrance to, within, or below,
juvenile fish passage facilities within the Clackamas Hydroelectric Project; and
(2) Discontinuation of the reintroduction project and complete removal of bull trout from
the Clackamas River if the Service determines, in consultation and coordination with
the State of Oregon, NMFS, and other project partners, and based on project
monitoring and evaluation, that the reintroduction efforts cannot be carried out in a
manner 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
enhancement of propagation or survival of the species, zoological exhibition, and other
conservation purposes consistent with the Act.
(3) What take of this species is not allowed in the NEP area?
(i)

Except as expressly allowed in paragraph (w)(2) of this section, all the provisions of § 17.31(a)
and (b) apply to the fish identified in paragraph (w)(1) of this section.

(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 regulations 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
enforcement authorities or Service law enforcement authorities for prosecution.
(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 except the take expressly allowed in paragraph (w)(2) of this section.
(4) How will the effectiveness of the reestablishment be monitored?
(i)

Effectiveness monitoring of the project will be conducted jointly by the Service and ODFW, with
assistance from the U.S. Forest Service (USFS) and PGE.

50 CFR 17.84(w)(4)(i) (enhanced display)

page 95 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(w)(4)(ii)

(ii) We will monitor the effectiveness of the reintroduction during phase 1 of the project
(2011–2017) by annually assessing: Distribution and movement, relative survival of
translocated bull trout via presence and absence surveys, occurrence of spawning and
reproduction, and genetic health, as measured against the donor population. These monitoring
objectives will be accomplished 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 reintroduced 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 implementation 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 ensure 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 impacts to salmon and steelhead from the reintroduction of
bull trout in the Clackamas River.

(ii) Our management actions implemented and the frequency of those actions, will be informed by:
(A) The reintroduction project's monitoring 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 appropriate management responses,
we will modify our plan as necessary, in consultation and coordination with NMFS, ODFW, and
other project partners, consistent with the overall adaptive management of the project.
(iv) Although our analysis indicates a low likelihood for population-level impacts to Federally listed
salmon and steelhead populations, if the Service determines, in consultation and coordination
with the State of Oregon, NMFS, and other project partners, and based on project monitoring
and evaluation, that the reintroduction efforts are not consistent with the recovery of salmon or
steelhead, the reintroduction program will be discontinued and bull trout will be removed from
the experimental population area.
(v) Prior to releasing bull trout into the Clackamas River, the Service will complete any required
interagency cooperation with NMFS pursuant to section 7(a)(2) of the Act.
(6) Note: Map of the NEP area for bull trout in Oregon follows:
50 CFR 17.84(w)(6) (enhanced display)

page 96 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(w)(6) (enhanced display)

50 CFR 17.84(w)(6)

page 97 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(x)

(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
nonessential 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 designated as an NEP?
(i)

The boundaries of the NEP area encompass the Yukon, Tanana, and Kuskokwim River
drainages in Alaska (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.

50 CFR 17.84(x)(2)(i) (enhanced display)

page 98 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(x)(2)(ii)

(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 prevent 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 reintroduction efforts a failure or most members of reintroduced
populations have disappeared for any reason;

50 CFR 17.84(x)(3)(i)(A) (enhanced display)

page 99 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(x)(3)(i)(B)

(B) Monitoring of wood bison in Alaska indicates appreciable harm to other native wildlife,
such as the introduction 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 complete 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 remaining wood bison in Alaska will retain their
NEP status.
(4) Which agency is the management lead for wood bison in Alaska? The Alaska Department of Fish and
Game will have primary responsibility for leading and implementing the wood bison restoration
effort, in cooperation with the Service, and will keep the Service apprised 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
compliance with section 7 for actions occurring on National Wildlife Refuge and National Park
Service lands.
(5) What take of wood bison is allowed in the NEP area? In the following instances, wood bison may be
taken in accordance with applicable State fish and wildlife conservation laws and regulations:
(i)

Hunting will be an allowed take based on sustained yield principles as established by ADF&G.

(ii) A wood bison may be taken within 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 vehicles, watercraft, snow machines, or aircraft; tourism; and other activities
that are in accordance with Federal, State, and local laws and regulations and specific
authorizations. Such conduct 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 appropriate 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, scientific purposes, the enhancement of propagation or
survival of the species, zoological exhibition, and other conservation purposes consistent with
the ESA. Additionally, any employee or agent of the Service or ADF&G designated 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;

50 CFR 17.84(x)(5)(iii)(B) (enhanced display)

page 100 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(x)(5)(iii)(C)

(C) To relocate a wood bison if necessary to protect the wood bison;
(D) To relocate wood bison within the NEP area to improve wood bison survival and recovery
prospects or for genetic purposes;
(E) To relocate wood bison from one population in the NEP area into another, 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, injured, or orphaned wood bison;
(H) To dispose of a dead wood bison, or salvage a dead wood bison for scientific purposes; or
(I)

To aid in law enforcement investigations 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 Service, the State, or our designated agent(s) may also promptly remove any wood
bison that the Service, the State, or our designated agent(s) determine to be a threat to human
life or safety. Any such taking must be reported within 24 hours to the location identified in
paragraph (x)(5)(vi) of this section.
(v) In connection with otherwise lawful 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 American Tribal
Governments, and all landowners and their employees or authorized 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 physically injurious to
wood bison and is reported within 24 hours to the location identified in paragraph (x)(5)(vi) of
this section.
(vi) Any taking pursuant to paragraph (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 determine the most appropriate course of action regarding any
live or dead specimens.
(6) What take of wood bison is not allowed 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 possessed in a
manner not expressly allowed in paragraph (x)(5) of this section or in violation of the applicable
State or local fish and wildlife laws or regulations 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 section.
(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 productivity,
survival, and population size. The Service or other Federal agencies may also be involved in
50 CFR 17.84(x)(7) (enhanced display)

page 101 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.84(x)(8)

population 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 management activities. Depending on available resources,
monitoring may occur more frequently, especially during the first few years of reestablishment
efforts. This monitoring will be conducted primarily through aerial surveys and will be accomplished
by State or Service employees, through cooperative efforts with local governments, or by contracting
with other appropriate species experts.
(8) What other provisions apply to this special rule?
If any particular provision of this rule or the application of any particular provision to any entity or circumstance is
held invalid, the remainder of this finding and rule and the application 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 citations 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 Special rules—invertebrates.
(a) Seventeen mollusks in the Tennessee River. The species in the following table comprise nonessential
experimental 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.

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)?

50 CFR 17.85(a)(1) (enhanced display)

page 102 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

(i)

50 CFR 17.85(a)(1)(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 Pickwick Reservoir (river mile (RM) 259.4 [414.0 km] to RM
246.0 [393.6 km] and includes 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 tributaries 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 upstream of the lower 5 RM (8 km) of these tributaries or downstream into Pickwick
Reservoir, we will presume the animals came from the reintroduced 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 experimental,” “threatened,” or
“endangered” within the NEP Area. Additionally, 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 this rule, all the prohibitions of 17.31(a) and (b) apply to the
mollusks identified in this special rule.

(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
authorities for prosecution.
(iii) You may not possess, sell, deliver, 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 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 this paragraph (a).
(3) What take is allowed in the NEP Area?
(i)

Take of these species that is accidental and incidental to an otherwise lawful activity such as
fishing, boating, commercial navigation, trapping, wading, or mussel harvesting, is allowed.

(ii) Any individual collecting or harvesting mussels must check their collection 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 efforts 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
nonessential experimental populations (NEP):
Common name

Scientific name

Cumberland bean (pearlymussel)

Villosa trabalis

Cumberlandian combshell

Epioblasma brevidens

50 CFR 17.85(b) (enhanced display)

page 103 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

Common name

50 CFR 17.85(b)(1)

Scientific name

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 mollusks is within the species' historical 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 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. None of the species identified in paragraph (b) are 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 their habitat requirements, we do
not expect these species to become 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 experimental,” “threatened,” or
“endangered” within the NEP area. Additionally, 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 paragraph (b)(3) of this section, all the prohibitions of § 17.31(a)
and (b) apply to the mollusks identified in paragraph (b) of this section.

50 CFR 17.85(b)(2)(i) (enhanced display)

page 104 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(b)(2)(ii)

(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
authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship, import, or export by any means
whatsoever any of the identified mollusks, or parts thereof, that are taken or possessed in
violation 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 accidental 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 efforts after 5 and 10 years to determine whether to
continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area in Tennessee for the 16 mollusks listed in paragraph (b) of this section
follows:

50 CFR 17.85(b)(5) (enhanced display)

page 105 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(b)(5) (enhanced display)

50 CFR 17.85(b)(5)

page 106 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(c)

(c) American Burying Beetle (Nicrophorus americanus).
(1) Where is the American burying beetle designated as a nonessential experimental 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.

(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 regulation. Based on its habitat requirements and
movement patterns, we do not expect 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, import, or export by any means,
American 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 accidental and incidental to an
otherwise legal activity, such as agriculture, forestry and wildlife management, land development,
recreation, and other activities, is allowed.
(4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress
reports and fully evaluate these reintroduction efforts after 5 years to determine whether to continue
or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the American burying beetle follows:

50 CFR 17.85(c)(5) (enhanced display)

page 107 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)

(d) Oregon Silverspot Butterfly (Speyeria zerene hippolyta).
(1) Where is the Oregon silverspot butterfly designated as a nonessential experimental population (NEP)?
(i)

The NEP areas for the Oregon silverspot butterfly are within the subspecies' historical range in
Tillamook and Clatsop Counties, Oregon. The boundary of the NEP includes those Public Land
Survey 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 separation from existing
populations.
(A) The Nestucca Bay NEP area, centered 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, Sections 15 through 36; Township 4 South, Range 11

50 CFR 17.85(d)(1)(i)(A) (enhanced display)

page 108 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(1)(i)(B)

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 Natural 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, Sections 5 through 8, 17, 18, and
19; Township 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 population to the Nestucca Bay NEP area is 8 miles (13 kilometers)
to the south, beyond the longest known flight distance of the butterfly (4.1 miles (6.6
kilometers)) and with little or no suitable habitat between them. The nearest known extant
population to the Saddle Mountain NEP area is 50 miles (80 kilometers) to the south, well
beyond the longest known flight distance of the butterfly (4.1 miles (6.6 kilometers)). Given its
habitat requirements, movement patterns, and distance from extant populations, the NEP is
wholly separate from extant populations, and we do not expect the reintroduced Oregon
silverspot butterflies to become established outside the NEP areas. Oregon 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 designations to “essential experimental,” “threatened,” or
“endangered” within the NEP areas without engaging in notice-and-comment rulemaking.
Additionally, 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
activity, such as agriculture, forestry and wildlife management, land development, recreation,
and other activities that are in accordance with Federal, 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, scientific purposes, the enhancement of
propagation or survival of the species, zoological exhibition, and other conservation 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
butterfly 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 butterflies within the NEP area to improve Oregon silverspot
butterfly survival and recovery prospects or for genetic purposes;

50 CFR 17.85(d)(2)(ii)(C) (enhanced display)

page 109 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(2)(ii)(D)

(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 Oregon silverspot
butterfly for scientific 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 investigations involving the Oregon silverspot butterfly.
(3) What take of Oregon silverspot butterfly is not allowed in the NEP area?
(i)

Except as expressly allowed in paragraph (d)(2) of this section, all of the provisions of 50 CFR
17.31(a) and (b) apply to the Oregon silverspot butterfly 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 manner 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 described 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 Oregon silverspot butterfly in Northwest Oregon.
(i)

Note: Map of the Oregon silverspot butterfly NEP follows:

50 CFR 17.85(d)(5)(i) (enhanced display)

page 110 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(5)(i) (enhanced display)

50 CFR 17.85(d)(5)(i)

page 111 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(5)(ii)

(ii) Note: Map of Nestucca Bay NEP area for the Oregon silverspot butterfly follows:

50 CFR 17.85(d)(5)(ii) (enhanced display)

page 112 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(5)(ii) (enhanced display)

50 CFR 17.85(d)(5)(ii)

page 113 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(5)(iii)

(iii) Note: Map of Saddle Mountain NEP area for the Oregon silverspot butterfly follows:

50 CFR 17.85(d)(5)(iii) (enhanced display)

page 114 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 17.85(d)(5)(iii) (enhanced display)

50 CFR 17.85(d)(5)(iii)

page 115 of 116

50 CFR Part 17 Subpart H (up to date as of 4/27/2023)
Experimental Populations

50 CFR 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]

§ 17.86 Special rules—plants. [Reserved]

50 CFR 17.86 (enhanced display)

page 116 of 116