Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of the California Condor in the Pacific Northwest, 13587-13603 [2019-06293]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Proposed Rules]
[Pages 13587-13603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06293]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2018-0033; FXES111300000900000 178 FF09E42000]
RIN 1018-BC65


Endangered and Threatened Wildlife and Plants; Establishment of a 
Nonessential Experimental Population of the California Condor in the 
Pacific Northwest

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of supplemental information.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), 
propose to establish a nonessential experimental population (NEP) of 
the California condor (Gymnogyps californianus) in the Pacific 
Northwest, under section 10(j) of the Endangered Species Act of 1973, 
as amended (Act). Establishment of this NEP will facilitate 
reintroduction of California condors to the region and provide for 
allowable legal incidental taking of the California condor within a 
defined NEP area. The geographic boundaries of the NEP would include 
northern California, northwest Nevada, and Oregon. The best available 
data indicate that reintroduction of the California condor into the 
Pacific Northwest is biologically feasible and will promote the 
conservation of the species. We are seeking comments on this proposal 
and on our joint FWS-National Park Service environmental assessment 
(EA), prepared pursuant to the National Environmental Policy Act of 
1969, as amended, which analyzes the potential environmental impacts 
associated with the proposed reintroduction and designation of a 
nonessential experimental population.

DATES: We will accept comments received or postmarked on or before June 
4, 2019. Please note that if you are using the Federal eRulemaking 
Portal (see ADDRESSES), the deadline for submitting an electronic 
comment is 11:59 p.m. Eastern Time on this date.

ADDRESSES: 
    Written comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Search box, enter Docket No. FWS-R1-
ES-2018-0033, which is the docket number for this rulemaking. Then, 
click the Search button. On the resulting page, in the Search panel on 
the left side of the screen, under the Document Type heading, click on 
the box next to Proposed Rules to locate this document. You may submit 
a comment by clicking on ``Comment Now!''
     By hard copy: Submit by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: FWS-R1-ES-2018-0033, Division of 
Policy, Performance, and Management Programs, U.S. Fish and Wildlife 
Service, MS; BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).
    Copies of documents: This proposed rule is available on https://www.regulations.gov under Docket No. FWS-R1-ES-2018-0033. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service at 1-800-877-8339.
    You may obtain copies of the EA and submit comments on that 
document at: https://parkplanning.nps.gov/redwood. Information regarding 
public meetings

[[Page 13588]]

will be posted here as well. The EA is also available for public 
inspection at: Redwood National and State Parks, Newton B. Drury 
Center, 1111 2nd Street, Crescent City, CA 95531.

FOR FURTHER INFORMATION CONTACT: Jesse D'Elia, Pacific Regional Office, 
U.S. Fish and Wildlife Service, Ecological Services, 911 NE 11th Ave, 
Portland, OR 97232 (telephone 503-231-6131, facsimile 503-231-6243). 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We want any final rule resulting from this proposal to be as 
effective as possible. Therefore, we invite Tribal and governmental 
agencies, the scientific community, industry, and other interested 
parties to submit comments or recommendations concerning any aspect of 
this proposed rule. Comments should be as specific as possible.
    To issue a final rule to implement this proposed action, we will 
take into consideration all comments and any additional information we 
receive. Such information may lead to a final rule that differs from 
this proposal. All comments, including commenters' names and addresses, 
if provided to us, will become part of the supporting record.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. Comments must be 
submitted to https://www.regulations.gov before 11:59 p.m. (Eastern 
Time) on the date specified in DATES. We will not consider hand-
delivered comments that we do not receive, or mailed comments that are 
not postmarked, by the date specified in DATES.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If you provide 
personal identifying information in your comment, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov. All 
comments and materials we receive, as well as all supporting 
documentation, will be available by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service, Pacific Regional Office 
(see FOR FURTHER INFORMATION CONTACT).
    We particularly seek comments regarding:
     The proposed geographic boundary of the NEP;
     Information pertaining to the California condor as it 
relates to the proposed reintroduction effort;
     Effects of the proposed reintroduction on other native 
species and the ecosystem; and
     The adequacy of the proposed regulations for the NEP.

Peer Review

    In accordance with our Interagency Cooperative Policy for Peer 
Review in Endangered Species Act Activities, which was published on 
July 1, 1994 (59 FR 34270), and the internal memorandum clarifying the 
Service's interpretation and implementation of that policy (USFWS in 
litt. 2016), we will seek the expert opinion of at least three 
appropriate independent specialists regarding scientific data and 
interpretations contained in this proposed rule. We will send copies of 
this proposed rule to the peer reviewers immediately following 
publication in the Federal Register. The purpose of such review is to 
ensure that our decisions are based on scientifically sound data, 
assumptions, and analysis. Accordingly, the final decision may differ 
from this proposal.

Background

Statutory and Regulatory Framework

    The 1982 amendments to the Act (16 U.S.C. 1531 et seq.) included 
the addition of section 10(j), which allows for the designation of 
reintroduced populations of listed species as ``experimental 
populations.'' Under section 10(j) of the Act and our regulations in 
title 50 of the Code of Federal Regulations (at 50 CFR 17.81), the 
Service may designate as an experimental population a population of 
endangered or threatened species that has been or will be released into 
suitable natural habitat outside the species' current natural range 
(but within its probable historic range, absent a finding by the 
Director of the Service in the extreme case that the primary habitat of 
the species has been unsuitably and irreversibly altered or destroyed).
    Before authorizing the release as an experimental population 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 Service must find by 
regulation that such release will further the conservation of the 
species. In making such a finding the Service uses the best scientific 
and commercial data available to consider:
    (1) Any possible adverse effects on extant populations of a species 
as a result of removal of individuals, eggs, or propagules for 
introduction elsewhere (see Donor Stock Assessment and Effects on Donor 
Population, below);
    (2) the likelihood that any such experimental population will 
become established and survive in the foreseeable future (see 
Likelihood of Population Establishment and Survival and Addressing 
Causes of Extirpation, below);
    (3) the relative effects that establishment of an experimental 
population will have on the recovery of the species (see Relationship 
of NEP to Recovery Efforts, below); and
    (4) the extent to which the introduced population may be affected 
by existing or anticipated Federal or State actions or private 
activities within or adjacent to the experimental population area (see 
Likelihood of Population Establishment and Survival, below; National 
Park Service (NPS) 2018, entire).
    Furthermore, as set forth in 50 CFR 17.81(c), all regulations 
designating experimental populations under section 10(j) must provide:
    (1) Appropriate means to identify the experimental population, 
including, but not limited to, its actual or proposed location, actual 
or anticipated migration, number of specimens released or to be 
released, and other criteria appropriate to identify the experimental 
population(s) (see Location and Boundaries of the NEP, below);
    (2) a finding, based solely on the best scientific and commercial 
data available, and the supporting factual basis, on whether the 
experimental population is, or is not, essential to the continued 
existence of the species in the wild (see Is the Proposed Experimental 
Population Essential or Nonessential?, below);
    (3) management restrictions, protective measures, or other special 
management concerns of that population, which may include but are not 
limited to, measures to isolate and/or contain the experimental 
population designated in the regulation from natural populations (see 
Management, below); and
    (4) a process for periodic review and evaluation of the success or 
failure of the release and the effect of the release on the 
conservation and recovery of the

[[Page 13589]]

species (see Monitoring and Evaluation, below).
    Under 50 CFR 17.81(d), the Service must consult with appropriate 
State fish and wildlife agencies, local governmental entities, affected 
Federal agencies, and affected private landowners in developing and 
implementing experimental population rules. To the maximum extent 
practicable, 10(j) rules represent an agreement between the FWS, the 
affected State and Federal agencies, and persons holding any interest 
in land that may be affected by the establishment of an experimental 
population.
    Under 50 CFR 17.81(f), the Secretary may designate critical habitat 
as defined in section 3(5)(A) of the Act for an essential experimental 
population. No designation of critical habitat will be made for 
nonessential populations. In those situations where a portion or all of 
an essential experimental population overlaps with a natural population 
of the species during certain periods of the year, no critical habitat 
will be designated for the area of overlap unless implemented as a 
revision to critical habitat of the natural population for reasons 
unrelated to the overlap itself.
    Any population determined by the Secretary to be an experimental 
population will be treated as if it were listed as a threatened species 
for purposes of establishing protective regulations with respect to 
that population. The protective regulations adopted for an experimental 
population will contain applicable prohibitions, as appropriate, and 
exceptions for that population.
    Any experimental population designated for a listed species (1) 
determined not to be essential to the survival of that species and (2) 
not occurring within the National Park System or the National Wildlife 
Refuge System, will be treated for purposes of section 7 (other than 
paragraph (a)(1) thereof) as a species proposed to be listed under the 
Act as a threatened species.
    Any experimental population designated for a listed species that 
either (1) has been determined to be essential to the survival of that 
species, or (2) occurs within the National Park System or the National 
Wildlife Refuge System as now or hereafter constituted, will 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 will consider any experimental and 
nonexperimental populations to constitute a single listed species for 
the purposes of conducting the analyses under such sections.

Legal Status

    We listed the California condor as an endangered species under the 
Endangered Species Preservation Act of 1966 (ESPA) on March 11, 1967 
(32 FR 4001, March 11, 1967). This list was later codified in part 17 
of title 50 in the U.S. Code of Federal Regulations (35 FR 16048, 
October 13, 1970). With the passage of the Endangered Species Act of 
1973 (ESA), those species previously listed in the Code of Federal 
Regulations were directly incorporated into the Lists of Endangered and 
Threatened Wildlife and Plants under the ESA, found at 50 CFR 17.11 and 
17.12. In October 1996, we designated a nonessential experimental 
population of the California condor in portions of northern Arizona, 
southern Utah, and southern Nevada (61 FR 54044, October 16, 1996). 
Therefore, the California condor is currently listed as an endangered 
species wherever it is found, except in portions of northern Arizona, 
southern Utah, and southern Nevada, where it is considered a 
nonessential experimental population.
    The California condor is protected by the State of California under 
both the State Endangered Species Act and the California Fish and Game 
Code as a Fully Protected species. It is also listed as a Sensitive 
Species under California Forest Practice Rules. In September of 2018, 
the State of California passed legislation that allows the California 
Department of Fish and Wildlife (CDFW) to consider the content of any 
final rules under section 10(j) of the Federal Endangered Species Act 
for the California condor. This recently enacted legislation (AB2640) 
allows the Director of the CDFW to evaluate the final rule, and exempt 
take associated with the rule if the Director finds the Service's final 
rule would further the conservation of the species.
    If this proposal is finalized, and we are subsequently compelled to 
change the California condor's NEP status to essential, threatened, all 
condors will be removed from the area and the experimental population 
rule will be revoked, unless the parties to the memorandum of 
understanding 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.

Biological Information

Species Description

    The California condor is one of seven New World vultures in the 
Cathartidae family and the only extant species in the genus Gymnogyps 
(Amadon 1977, pp. 413-414; Johnson et al. 2016, pp. 193, 197). It is 
the largest of the North American vultures and the largest soaring land 
bird on the continent with a wingspan of approximately 9.5 feet (ft) 
(2.9 meters (m)) (Koford 1953, p. 3; Finkelstein et al. 2015, 
Introduction, Appearance). Males weigh slightly more than females 
(average weight of 19.4 pounds (lb) (8.8 kilograms (kg)) for males and 
17.9 lb (8.1 kg) for females), but otherwise there are no obvious 
differences in coloration or morphology between the sexes (Finkelstein 
et al. 2015, Appearance). California condors exhibit age-related 
coloration changes (Koford 1953, p. 5; Snyder and Snyder 2000, pp. 14-
19). Adults have black feathers except for prominent white underwing 
linings and edges of the upper secondary coverts. The head and neck of 
adults are mostly naked and range in color from yellowish to reddish 
orange on the head to gray, yellow, orange, and red on the neck (Koford 
1953, pp. 4-5). The heads of juveniles up to 3 years old are grayish-
black, and their wing linings are variously mottled or completely dark 
(Koford 1953, p. 5; Snyder and Snyder 2000, pp. 14-19). During the 
third year, the head develops yellow coloration, and the wing linings 
become gradually whiter (Snyder and Snyder 2000, pp. 15, 17). By the 
time individuals are 5 or 6 years of age, they are essentially 
indistinguishable from adults, but full development of the adult wing 
patterns may not be completed until 7 or 8 years of age (Snyder and 
Snyder 2000, pp. 15, 17; Finkelstein et al. 2015, Appearance).
    As obligate scavengers (i.e., relying entirely on dead animals for 
food), California condors have a number of physical and physiological 
adaptations that accommodate their highly specialized diet, including: 
(1) Large size, which is necessary to successfully compete at 
carcasses; (2) the ability to retain large amounts of food, which 
sustains individuals for extended periods between meals; (3) soaring 
and gliding flight and excellent eyesight, which help condors 
efficiently find food; (4) hooked bills, long necks, and largely naked 
heads, which allow condors to access muscle tissue deep within a 
carcass and to rip pieces of meat from a carcass, while minimizing the 
potential for feather fouling (a condition where feathers become soiled 
such that their performance is

[[Page 13590]]

degraded); and (5) resistance to bacterial toxins, which is necessary 
for species that rely on carcasses (Snyder and Snyder 2005, pp. 7-31).

Historical Range

    During the Pleistocene Epoch, the California condor was broadly 
distributed in North America from southern British Columbia to Baja 
California, and eastward throughout the southern United States and 
northern Mexico to Florida (Koford 1953, p. 7; Brodkorb 1964, pp. 253-
254; Messing 1986, pp. 284-285; Steadman and Miller 1987, p. 423; 
Snyder and Snyder 2005, p. 6; D'Elia and Haig 2013, p. 17). The extent 
of its distribution along the east coast of North America during the 
late Pleistocene also extended to the boreal forests of upstate New 
York (Steadman and Miller 1987, pp. 416-423). The disappearance of the 
California condor from its prehistoric range in North America east of 
the Rocky Mountains occurred about 10,000-11,000 years ago coinciding 
with the late-Pleistocene extinction of the North American megafauna 
(Emslie 1987, pp. 768-770; Steadman and Miller 1987, pp. 422-425). 
Analysis of stable isotopes in bone collagen suggests that the 
California condor's persistence along the Pacific coast at the end of 
the Pleistocene was at least partially due to the availability of 
marine-derived carrion (Chamberlain et al. 2005, p. 16710; Fox-Dobbs et 
al. 2006, p. 688).
    Historical observations of California condors indicate that they 
were widespread and locally abundant from southern British Columbia, 
Canada, to Baja California, Mexico, during Euro-American colonization 
(Koford 1953, pp. 8-19; Wilbur 1978, pp. 13, 72-85; Snyder and Snyder 
2005, pp. 4-5; D'Elia and Haig 2013, pp. 38-59). At that time they were 
apparently restricted to the area west of the Rocky Mountains and were 
infrequently encountered east of the Cascade or Sierra Nevada mountain 
ranges (Snyder and Snyder 2000, p. 12; D'Elia and Haig 2013, pp. 38-
59). California condor population declines and range contractions were 
concurrent with Euro-American settlement of the West, with condors 
disappearing from the Pacific Northwest in the early 1900s (D'Elia and 
Haig 2013, pp. 58-59), and from Baja California by the end of the 1930s 
(Wilbur and Kiff 1980, entire). By the middle of the 20th century, the 
species was reduced to about 150 individuals limited to the mountains 
of southern California (Snyder and Snyder 2000, pp. 81-82), and at the 
time we formally classified them as an endangered species in 1967, the 
population had further declined to an estimated 60 condors (Snyder and 
Snyder 2000, pp. 82-83). Most probable causes of their historical 
decline include: (1) Secondary poisoning from predator removal 
campaigns, (2) direct persecution, and (3) lead poisoning from spent 
ammunition that fragmented in animals condors later fed upon (D'Elia 
and Haig 2013, pp. 77-122).

Captive Breeding, Reintroduction Efforts, and Current Range

    Due to concerns over the few remaining California condors and the 
population's continued downward trend, beginning in 1983, we took all 
condor eggs from the wild to the San Diego Wild Animal Park and Los 
Angeles Zoo for artificial incubation to form a captive flock (Snyder 
and Hamber 1985, p. 378; Snyder and Snyder 2000, pp. 278-293). By 
taking all wild eggs and inducing multiple clutches and annual nesting, 
the productivity of the population was increased several fold, allowing 
the captive population to grow rapidly (Snyder and Hamber 1985, p. 
378). However, with the sudden loss of several wild California condors 
in 1984 and 1985, it became necessary for us to capture the remaining 
wild individuals to ensure the genetic viability of the species and 
enhance the chances of the captive-breeding program's success (Snyder 
and Snyder 2000, pp. 298-304). By 1987, the California condor existed 
only in captivity, having suffered a severe population bottleneck and 
loss of genetic diversity (Ralls and Ballou 2004, p. 225; D'Elia et al. 
2016, pp. 707-708). Thus, the conservation of the species was dependent 
upon captive breeding and releases back into the wild.
    We first released captive-reared California condors in 1992 in 
southern California, but because of behavioral problems exhibited by 
these individuals we returned them all to captivity in early 1995 
(Snyder and Snyder 2000, pp. 344-345). We reinitiated releases of 
captive-reared and formerly wild California condors in southern 
California in 1995, and additional release sites were established in 
northern Arizona in 1996, central California near Big Sur in 1997, 
Sierra de San Pedro M[aacute]rtir in Baja California, Mexico, in 2002, 
Pinnacles National Park (formerly Pinnacles National Monument) in 2003, 
and in the mountains near San Simeon, California, in 2015. Currently, 
these release sites comprise four general release areas (central 
California, southern California, Baja California, and Arizona/Utah) in 
three condor populations (a population in central and southern 
California--where individuals from each release area occasionally 
intermingle--and independent populations in northern Arizona/southern 
Utah and Baja California). The California condor is currently absent 
from the northern portion of its historical range and remains reliant 
on the release of captive-bred individuals for population growth (USFWS 
2013, p. 14).
    As of December 2017, there were 290 California condors in the wild, 
divided among the four release areas: Central California (90 condors); 
southern California (80 condors); northern Arizona and southern Utah 
(82 condors); and the Sierra de San Pedro M[aacute]rtir release site in 
Baja California (38 condors) (USFWS 2018, p. 1). There were also 173 
California condors in captivity (USFWS 2018, p. 1) distributed among 
release sites, zoos, and four captive-breeding facilities. Breeding 
facilities include the Peregrine Fund's World Center for Birds of Prey, 
the Oregon Zoo's Jonsson Center for Wildlife Conservation, the Los 
Angeles Zoo, and the San Diego Zoo's Safari Park.
    Despite population growth, the total number of wild California 
condors is still relatively small and the species requires intensive 
management for survival, including: (1) Monitoring all condors in the 
wild to track resource use, identify behavioral problems, and detect 
mortalities; (2) biannual trapping for health screening, to test blood 
samples for lead, inoculate for West Nile virus, and to attach or 
replace wing tags and transmitters; (3) taking injured or poisoned 
condors back into captivity temporarily to administer treatment; and 
(4) nest observations and interventions to maximize productivity in the 
wild (Walters et al. 2010, pp. 972, 976, 982-984; USFWS 2017, pp. 5-
19).

Habitat Use and Movement Ecology

    Along with our conservation partners, we have reintroduced 
California condors to a variety of habitats, including coastal 
mountains, old-growth forests, desert cliffs, and temperate montane 
shrublands and grasslands. Within these habitats they can have enormous 
home ranges (Meretsky and Snyder 1992, p. 321; Hunt et al. 2007, pp. 
84-87; Romo et al. 2012, pp. 43-47; Rivers et al. 2014a, pp. 496-498) 
and often use different portions of their range for nesting and 
foraging (Meretsky and Snyder 1992, p. 329; Snyder and Snyder 2000, pp. 
140-147; D'Elia et al. 2015, p. 96). Home range size varied among 
release sites (95 percent confidence intervals for southern California: 
173,295-282,760 acres (ac) (70,130-114,429 hectares (ha)); Pinnacles 
National Park: 86,825-

[[Page 13591]]

174,266 ac (35,137-70,523 ha); and Big Sur: 42,613-90,495 ac (17,245-
36,622 ha)), probably as a result of geography, food availability 
(Rivers et al. 2014a, pp. 496-497, 500), years since the release 
program started, and flock size (Bakker et al. 2017, p. 100).
    Nesting habitat is generally characterized by steep, rugged terrain 
(Wilbur 1978, p. 7; Snyder and Snyder 2000, p. 18; D'Elia et al. 2015, 
pp. 94-95). Within these areas, nests have been documented in various 
types of rock formations including crevices, overhung ledges, potholes, 
and in cavities or broken tops of giant sequoia (Sequoia giganteus) 
(Snyder et al. 1986, pp. 235-236) or coast redwood (Sequoia 
sempervirens) trees (Burnett et al. 2013, pp. 478-479). Breeding adults 
segregate themselves into nesting territories, rarely crossing into the 
active nesting territories of other California condors (Finkelstein et 
al. 2015, Behavior). California condors will generally use the same 
nesting territory in successive years as long as pairs remain intact, 
but will often switch nesting sites within that territory, regardless 
of whether they fail or succeed in their nesting efforts (Snyder et al. 
1986, p. 236).
    California condors roost communally along rocky outcrops, steep 
canyons, and in tall trees or snags near foraging grounds, water 
sources, and nests (Koford 1953, pp. 35-36; Snyder and Snyder 2000, p. 
167). California condors select roosts that offer good peripheral 
visibility, where there is a long unobstructed space for taking off 
downhill and for approaching the roost in flight, and areas where there 
is some protection from high winds (Koford 1953, pp. 35-36). While at a 
roost, condors devote considerable time to preening, sunning, and other 
maintenance activities (Snyder and Snyder 2000, p. 24).
    California condors are obligate scavengers and obligate soaring 
birds, making them reliant on the availability of sufficient food 
resources and upward air movement (Ruxton and Houston 2004, p. 434). 
Foraging habitats generally have high landscape productivity, moderate 
to steep slopes, sparse vegetation, and upward air movements necessary 
to keep California condors aloft (Rivers et al. 2014b, pp. 7-9; D'Elia 
et al. 2015, p. 96). In coastal areas condors show strong selection for 
beaches, likely because of the relative abundance of marine mammal 
carcasses (Rivers et al. 2014b, p. 8). A feature of carrion as an 
exclusive food resource is that dead animals are highly dispersed and 
ephemeral (Ruxton and Houston 2004, p. 433). This has resulted in 
evolutionary pressure for condors to be large, obligate soaring birds 
that forage socially (Ruxton and Houston 2004, p. 433). Social foraging 
means the population is particularly susceptible to contaminated food 
resources, as a contaminated carcass can poison a large number of 
individuals in a single feeding (Finkelstein et al. 2012, p. 11453; 
D'Elia and Haig 2013, p. 87).
    As birds with a large wingspan that use soaring and gliding flight, 
California condors can move long distances while expending minimal 
energy (see Pennycuick 1969, pp. 542-545; Ruxton and Houston 2004, p. 
435). Examples of exceptional flight distances include: California 
condor movements between the central and southern California flocks--a 
distance of approximately 150 miles (mi) (241 kilometers (km)) (e.g., 
USFWS 2017, pp. 20-21); a condor released at Pinnacles National Park 
flying to the southern Sierra Nevada and back--a one-way distance of 
approximately 249 mi (400 km) (USFWS, unpublished data); a condor 
released in the Sierra de San Pedro M[aacute]rtir in Baja California, 
Mexico, traveling north to San Diego County, a distance of 
approximately 140 mi (225 km) (Romo et al. 2012, p. 44); and 
observations of condors released in northern Arizona in southern 
Wyoming, Colorado, and New Mexico, at distances of approximately 340 mi 
(547 km), 400 mi (643 km), and 325 mi (523 km), respectively. In 
addition, GPS telemetry data is now revealing that California condors 
in southern California are beginning to regularly travel 93-124 mi 
(150-200 km) away from core use areas (USFWS unpublished data). As the 
populations continue to grow, the number of long-distance flights is 
likely to increase.
    To date, nests have been concentrated in a relatively limited area 
around release sites when compared to exceptional flight distances. The 
farthest nest documented from release sites in each release area is 
approximately 47 mi (76 km) in central California, 57 mi (92 km) in 
southern California, 62 mi (100 km) in Arizona/Utah, and 15 mi (24 km) 
in Baja California. We expect that as flock size grows the population 
will continue to expand and nest sites will eventually be located 
farther from release sites.
    Based on the California condor's fidelity to nesting territories, 
their social foraging behaviors, and our monitoring of current 
populations, we do not expect major geographic shifts in the breeding 
populations. The California condor's long nesting period coupled with 
extended dependency of chicks on adults also precludes latitudinal 
migration in the breeding population (D'Elia and Haig 2013, pp. 61-75). 
However, seasonal shifts in movements to foraging grounds occur with 
changes in food availability, and perhaps as a result of social factors 
(e.g., traditional movements) (Meretsky and Snyder 1992, p. 328; Snyder 
and Snyder 2000, pp. 145-147; Hunt et al. 2007, pp. 85-87). Seasonal 
changes in daylight hours and the availability of thermals for soaring 
mean that home ranges can be up to 5-6 times larger in the late summer 
and early fall compared to late fall and early winter (Rivers et al. 
2014a, pp. 497, 499).

Life Cycle

    Breeding California condors form pairs in late fall or early winter 
and visit various potential nest sites within their nesting territory 
in January and February (Finkelstein et al. 2015, Breeding). Once pairs 
are formed they tend to stay together year-round for multiple years 
until one member of the pair dies (Snyder and Snyder 2000, p. 19). 
However, the death of one member of a pair can trigger a chain reaction 
with multiple pairs switching mates. This situation can occur because 
each California condor that loses its mate represents a potentially 
more desirable mate to individuals of lower rank in the social 
hierarchy of the flock. Breeding California condors lay a single egg 
between late January and early April (Finkelstein et al. 2015, 
Breeding). The egg is incubated by both parents and hatches after 
approximately 53-60 days (Snyder and Snyder 2000, p. 19). California 
condor pairs that lose their egg early in the breeding season (February 
through mid-April) will generally lay a replacement egg (Snyder and 
Hamber 1985, p. 377). When a replacement egg is lost, it has 
occasionally been followed by a third egg (Finkelstein et al. 2015, 
Breeding).
    Both parents share responsibilities for feeding the nestling 
(Snyder and Snyder 2000, p. 19). Feeding, via regurgitation, usually 
occurs daily for the first 2 months, then gradually diminishes in 
frequency (Snyder and Snyder 2000, p. 197). As early as 6 weeks after 
hatching, California condor chicks leave the nest cavity but remain in 
the vicinity of the nest where they are fed by their parents (Snyder 
and Snyder 2000, p. 201). The chick takes its first flight at about 5.5 
to 6 months of age, but does not become fully independent of its 
parents until the following year (Snyder and Snyder 2000, pp. 201-202). 
Parents occasionally continue to feed a fledgling even after it has 
begun to make longer flights to foraging grounds (Koford 1953, p. 103; 
Snyder and Snyder 2000, pp. 202-203).

[[Page 13592]]

    Because of the long period of parental care, it was formerly 
assumed that successful California condor pairs normally nested 
successfully every other year (Koford 1953, pp. 22-23). However, this 
pattern varies, depending mostly on the time of year that the nestling 
fledges. If a nestling fledges relatively early (in late summer or 
early fall), its parents may nest again in the following year, but late 
fledging inhibits nesting in the following year (Snyder and Hamber 
1985, pp. 377-378; Snyder and Snyder 2000, p. 19).
    Once independent, juvenile California condors often associate with 
one another on the foraging grounds and join adults and other juveniles 
at communal roosts (Finkelstein et al. 2015, Breeding). In a study of 
the remnant wild population in southern California (1982-1987), 
Meretsky and Snyder (1992, pp. 324-325; 329-330) found that California 
condors in their first 2 years after fledging were generally limited to 
natal nest areas and foraging areas relatively close to natal nest 
areas, while older juveniles would forage more widely and visit 
additional non-natal nesting territories and it was not until age 4 or 
5 that condors were capable of visiting virtually all foraging and 
nesting areas within a given population. However, more recent data from 
the reintroduced populations shows that fledglings under 1 year of age 
can be fully integrated into the flock, foraging hundreds of miles from 
natal or release areas and by 2 years of age are capable of covering 
the flock's entire range (USFWS, unpublished data). This difference 
between the remnant wild population in the 1980s and the current 
populations is likely a product of the larger size of the current 
population, and the larger number of older California condors that are 
available to serve as mentors to recently fledged condors.

Population Demography and Threats

    California condors are long-lived birds. In captivity, they can 
live more than 50 years. Average age of first breeding is 8 years and 6 
months for females and 9 years and 10 months for males (Mace 2017, pp. 
240, 243). The oldest known breeding female was 38 years old (Mace 
2017, p. 239).
    Slow maturation and low reproductive rates in California condors 
demand low mortality rates for the population to be stable or to grow 
(Mertz 1971, p. 448; Verner 1978, pp. 19-21; Meretsky et al. 2000, pp. 
960-961). Population demographic models indicate that annual adult 
mortality rates certainly must average <10 percent annually to achieve 
stable or increasing populations (Verner 1978, pp. 19-21; Meretsky et 
al. 2000, p. 961), and likely need to be <5 percent (Meretsky et al. 
2000, p. 961; Cade 2007, p. 2129; Woods et al. 2007, p. 65; Walters et 
al. 2010, p. 974). Estimates of mortality rates in the first decade of 
the release program in California and Arizona--when individuals treated 
for lead poisoning were considered mortalities--were between 17-35 
percent, greatly exceeding the mortality rates needed for a self-
sustaining stable population (Meretsky et al. 2000, p. 963). Currently, 
populations in the wild are only viable as a result of augmentation 
through ongoing captive-breeding and release efforts, in concert with 
intensive monitoring and management to reduce mortality (Green et al. 
2008; Finkelstein et al. 2012, p. 11452; USFWS 2013, pp. 27-30).
    The primary threat to the viability of the California condor is 
lead poisoning from spent ammunition left in gut-piles or carcasses of 
animals that condors feed upon (Meretsky et al. 2000, p. 963; Church et 
al. 2006, p. 6148; Cade 2007, entire; Woods et al. 2007, pp. 73-75; 
Green et al. 2008, p. 9; Walters et al. 2010, pp. 993-994; Finkelstein 
et al. 2012, pp. 11452-11453; Rideout et al. 2012, pp. 108-109; Kelly 
et al. 2015, pp. 395-398; Bakker et al. 2017, pp. 101-103). Without 
intensive management of the impacts from this threat, which includes 
periodic trapping for health exams, monitoring blood lead levels, and 
treatment if necessary, the wild populations would trend toward 
extinction (Woods et al. 2007, p. 65; Green et al. 2008, pp. 8-9; 
Walters et al. 2010, pp. 993-994; Finkelstein et al. 2012, pp. 11452-
11453). In the absence of this threat, California condor populations 
would likely grow and become self-sustaining, without the need for 
intensive management (Woods et al. 2007, p. 65; Green et al. 2008, p. 
9; Finkelstein et al. 2012, pp. 11452-11453).
    Several laws and voluntary programs to reduce the threat from lead 
ammunition have been enacted. The State of California instituted a 
restriction on the use of lead ammunition for hunting within the range 
of the California condor in southern and central California in July 
2008 (Ridley-Tree Condor Preservation Act 2008, entire). The geographic 
and regulatory scope of this restriction was expanded with Assembly 
Bill 711 (AB711) that was signed into law in October 2013. AB711 
amended section 3004.5 of the California Fish and Game Code, relating 
to hunting. The law, which restricts the use of lead ammunition for 
taking wildlife, is currently being phased in, with a full State-wide 
ban for all take of wildlife by 2019. In addition to these laws, 
voluntary lead reduction programs are in place in California, Oregon, 
Arizona, and Utah; while these voluntary programs vary by State, 
actions under these programs have included: (1) Surveys to understand 
attitudes toward lead reduction, (2) outreach to hunters at sportsman 
shows and in the field, (3) coordination with hunter constituency 
groups, and (4) targeted vouchers for free non-lead ammunition (Sieg et 
al. 2009, pp. 344-345; Chase and Rabe 2015, pp. 2-3; AGFD 2017, web 
page, UDWR 2017, web page, ODFW 2017, web page; Huntingwithnon-lead.org 
2017, web page).
    Other threats to California condors include: Rangeland conversion, 
wind energy development, collision with and electrocution from 
powerlines, predation, disease, inadequacy of existing regulatory 
mechanisms, shooting, microtrash ingestion, organochlorine pesticides, 
and habituation to humans. A full description of these threats, and 
efforts to abate them, are provided in our most recent status review 
for the California condor (USFWS 2013, entire).

Relationship of NEP to Recovery Efforts

    We published a California condor recovery plan in 1974 (USFWS 1975, 
entire), and revised the plan in 1980 (USFWS 1980, entire), 1984 (USFWS 
1984, entire), and 1996 (USFWS 1996, entire). To date, recovery efforts 
have focused on reintroduction and recovery in the southern portion of 
the species' historical range (see Captive Breeding and Reintroduction 
Efforts, above). Recovery criteria for removing the California condor 
from the endangered species list were not provided in the 1996 revision 
to the recovery plan, as its primary focus was keeping the species from 
going extinct. At the time the revised recovery plan was written, there 
were only 17 California condors in the wild (USFWS 1996, p. 9) and we 
could not anticipate at that time all actions that would be necessary 
for full recovery. The overall strategy for recovery outlined in the 
1996 recovery plan was to focus on: (1) Increasing reproduction in 
captivity to provide condors for release, (2) the release of condors to 
the wild, (3) minimizing condor mortality factors, (4) maintaining 
habitat for condor recovery, and (5) implementing condor information 
and education programs (USFWS 1996, p. 21). While the recovery plan did 
not have delisting criteria, it included as criteria for reclassifying 
(or downlistng) to a threatened species an objective of

[[Page 13593]]

establishing at least two, preferably more, self-sustaining disjunct 
wild populations in order to reduce the risks to the overall population 
and to facilitate genetic and demographic management (USFWS 1996, p. 
24).
    The 1996 revised recovery plan does not provide specific recovery 
targets or actions for the Pacific Northwest, but our 1980 recovery 
plan recommended surveys of Oregon, Washington, and California to 
identify potential habitat for future releases into unoccupied portions 
of the historical range (USFWS 1980, p. 50). Recent habitat modeling 
has revealed large areas of potentially suitable nesting, roosting, and 
feeding habitats in the Pacific Northwest (D'Elia et al. 2015, pp. 95-
96). Although criteria for full recovery were not provided in our 
latest recovery plan revision (USFWS 1996, entire), increasing the 
global population of the California condor and expanding its geographic 
distribution among the ecosystems it once occupied are, on first 
principles, consistent with efforts to recover the species.
    An existing population model based on published demographic rates 
(Bakker et al. 2017, entire) was used to simulate State-wide California 
condor population growth in California over the next 30 years (2018-
2048), assessing scenarios with and without the allocation of some of 
the available captive-bred individuals, to a new geographically 
disjunct flock (Bakker and Finkelstein 2018, entire). These model 
simulations demonstrate that allocating captive-bred individuals to a 
new, geographically disjunct flock, which is expected to have lower 
survival and reproduction compared to the existing flocks, would reduce 
the population growth of condors in California. Under the scenarios 
where the total number of chicks distributed currently remains 
approximately equal to current levels, this effect would increase as 
the ratio of releases allocated to the new flock versus the existing 
flock increases. Model simulations reinforce the importance of 
increasing captive chick production and releases to the wild. The 
number of chicks produced in the captive program and released to the 
wild has been variable over time, but continues to drive population 
growth in the wild due to the high chick and juvenile survivorship 
attainable in a captive setting and to ongoing mortality in the free-
flying population combined with the long generational gap between chick 
stage and breeding age (approximately 6-8 years) in California condors 
(Finkelstein et al. 2012, entire; Bakker et al. 2017, entire; Bakker 
and Finkelstein 2018, entire).
    The California Condor Recovery Program is currently proposing to 
increase the number of captive-produced condors for release into the 
wild, and would continue to allocate the number of chicks to each 
release site necessary to maintain positive population growth at each 
site, to the extent practicable. Continuing to grow the wild population 
of California condors while reestablishing them in an unoccupied 
portion of their historical range is consistent with our overall 
strategy to recover the species.
    In summary, a NEP in the Pacific Northwest would establish an 
additional population in the United States, beyond the minimum of two 
populations envisioned for downlisting to a threatened species. This 
would contribute to the conservation of the species by: Further 
reducing the risk that any one catastrophic event would affect a large 
proportion of the species (increasing the population redundancy); 
increasing the global population of the species (increasing 
resiliency); and expanding the geographic distribution of the species 
among ecosystems (increasing representation by expanding the ecological 
settings in which the species occurs).

Is the proposed experimental population essential or nonessential?

    When we establish experimental populations under section 10(j) of 
the Act, we must determine whether such a population is essential to 
the continued existence of the species in the wild. Although the 
experimental population will contribute to the recovery of the 
California condor, it is not essential to the continued existence of 
the species in the wild. California condors are currently distributed 
among three disjunct and intensively managed populations in California, 
Arizona and Utah, and Baja California, Mexico. Management at these 
sites includes: Monitoring individuals with VHF or GPS/GSM 
transmitters; biannual trapping for health screenings; vaccination for 
West Nile virus; aversive conditioning to power poles prior to release; 
chelation therapy to treat California condors with elevated blood-lead 
levels; and nest observations, entries, and interventions to maximize 
productivity in the wild (Walters et al. 2010, pp. 972, 976, 982-984; 
Romo et al. 2012, pp. 28-56; Southwest Condor Review Team 2017, pp. 4-
21; USFWS 2017, pp. 5-19). In addition, there are ongoing releases of 
captive California condors into each of the wild populations. Releases 
are carefully coordinated among sites to ensure a healthy age 
structure, sex ratio, and distribution of founder genomes (Ralls and 
Ballou 2004, pp. 221-225). As a result of these efforts, the 
populations of wild California condors continue to grow (USFWS 2018, p. 
6).
    In addition to the three wild populations, there is also a sizable 
captive population at four breeding facilities, which are widely 
distributed in California, Oregon, and Idaho (see Biological 
Information, above). The breeding facilities are secure facilities, not 
open to the public, where California condors are kept under 24-hour 
surveillance by condor keepers or video cameras. The captive population 
is given extensive care, and deaths and injuries are rare, with a 
captive annual survival rate after the first month of life of 0.989 
percent (95 percent confidence interval: 0.984-0.992) (Bakker et al. 
2017, p. 97). In addition, the geographic separation of the four 
breeding facilities protects the captive population from the threat of 
extinction due to a single catastrophic event.
    The captive population was formed with only 13 apparent genetic 
founders that comprised three genetic clans (Geyer et al. 1993, p. 573; 
Ralls and Ballou 2004, p. 219; Pryor and Ralls 2016, p. 3). Genetic 
management, which includes control of all captive matings, has been 
implemented to minimize the loss of remaining genetic diversity and 
ensure this remaining genetic diversity is well distributed among the 
captive-breeding facilities and reintroduction sites (Ralls et al. 
2000, p. 152; Ralls and Ballou 2004, p. 226; Pryor and Ralls 2016, p. 
2). California condors released within the proposed experimental 
population would come from a mixture of the founder clans represented 
in the captive population and would not represent a unique genetic 
lineage of California condors. Therefore, loss of this population would 
not represent a substantive change in the genetic diversity or genetic 
viability of the worldwide population of California condors.
    The proposed reintroduction project will further the recovery of 
the California condor by attempting to establish another wild 
population in an unoccupied portion of the species' historical range. 
However, for the reasons stated above, California condors released into 
the Pacific Northwest are not essential to the survival of the species 
in the wild. Therefore, as required by 50 CFR 17.81(c)(2), we find that 
the proposed experimental population is not essential to the continued 
existence of the species in the wild, and we propose to designate the 
experimental population in the Pacific

[[Page 13594]]

Northwest as a nonessential experimental population (NEP).

Location and Boundaries of the NEP

    Section 10(j) of the Act requires that an experimental population 
be geographically separate from wild populations of the same species. 
Considering a number of factors (as described in detail, below), we 
drew the NEP area to include a portion of northern California, 
northwestern Nevada, and all of Oregon. 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 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 northern State boundary of Oregon. 
All highway boundaries are inclusive of the entire highway right of 
way. See map below and in the Environmental Assessment (NPS et al. 
2018, Figure 2, p. 5)
    The last California condor specimen collected within the proposed 
NEP area was in 1892 along Yager Creek in Humboldt County, California 
(Smith 1916, p. 205; D'Elia and Haig 2013, pp. 39-46). Although there 
were a few reported California condor sightings up to 1925 in the area 
we are proposing to designate an NEP, since then there have been no 
credible sightings of condors in the wild in this area--or anywhere 
north of San Francisco (D'Elia and Haig 2013, pp. 58-59). Given that 
all released California condors are actively tracked with radio or GPS/
GSM transmitters, we are confident that there are no wild condors in 
the proposed NEP.
    The location of the proposed reintroduction site is the Bald Hills 
of Redwood National Park, an area proximal to suitable nesting and 
feeding habitat. Ten potential release sites were identified by the 
Yurok Tribe, and the proposed release site was selected following 
careful consideration of site suitability, logistics, threats and 
hazards, cultural resources, and suitability of adjacent lands (Yurok 
Tribe Wildlife Program, pers. comm. 2016). The proposed release site 
would be situated in grassland habitat above a redwood forest with 
sufficient topography to allow young California condors to more easily 
achieve flight. Redwood forests in the vicinity of the release site, as 
well as proximal mountain ranges (Oregon Coast Range, Klamath-Siskiyou 
Mountains, and the Northern Coast Range in California) are expected to 
provide ample roosting and nesting habitat. Inland valleys and 
mountaintop prairies, in conjunction with a proximal coastline, are 
expected to provide a mixture of sufficient terrestrial and marine 
feeding areas and food resources. Landscape-scale models indicate that 
the amount and characteristics of habitat in the region compare 
favorably to other portions of the historical range (D'Elia et al. 
2015, pp. 95-96).
    In defining the experimental population boundary, we attempted to 
encompass the area where the population is likely to become established 
in the foreseeable future. For the purposes of this proposed rule, we 
define the foreseeable future as approximately 20 years. This time 
horizon was based on our ability to reasonably forecast population 
expansion given the number of years of data we have on California 
condor movements from release sites in southern and central California 
(22 years in southern California and 20 years central California). We 
expect that the relative contribution of the experimental population 
toward recovery of the California condor will be evident during this 
time span, although we recognize that establishing a self-sustaining 
population of condors in the region may take longer given the species' 
extremely low reproductive rates. We may draw our experimental 
population boundary large enough to account for expansion over time as 
the introduced population begins to breed in the wild, and to assist in 
identifying any individuals belonging to the NEP. When possible, we use 
recognizable features on the landscape, legal land descriptions, or 
administrative boundaries to demark experimental population boundaries. 
We are proposing to include the entire State of Oregon to ensure that 
any California condors originating from the releases at Redwood 
National Park and flying north into Oregon are recognized as members of 
the NEP and are covered by the NEP regulations.
    Information we considered in drawing our NEP boundary included 
California condor movement data from existing release sites, and the 
location of the closest existing condor population, as well as input 
from State wildlife agencies. Movement data indicate that, after 20 
years of releasing California condors, most individuals remain within 
approximately 124 mi (200 km) of the release site--although exceptional 
flight distances occasionally occur and the existing populations 
continue to expand as flock size increases. The closest California 
condor release site to the proposed release site is at Pinnacles 
National Park, approximately 350 mi (563 km) to the south. The proposed 
release site is approximately 124 mi (200 km) from the nearest edge of 
the experimental population boundary; and the southern edge of the 
experimental population boundary is approximately 112 mi (180 km) from 
the northern extent of the closest endangered population of California 
condors. Thus, the proposed southern boundary of the NEP approximates a 
mid-point between the nearest population in central California and the 
proposed release site at Redwood National Park. The farthest documented 
nesting pair of California condors from any release site since the 
inception of the captive-breeding program was approximately 62 mi (100 
km), while most nests are within 47 mi (75 km) of their release site of 
origin. Given our definition of foreseeable future and the information 
from existing release sites, we anticipate that the small number of 
California condors initially released at Redwood National Park--with 
the exception of occasional exceptional flights--would remain within 
the experimental population boundary over the first 20 years of 
reintroductions.
    If a reintroduction of California condors in northern California is 
successful, it is possible that some individuals from the NEP may 
eventually move outside of the NEP area. It is also possible that 
California condors from the other California release sites may enter 
the proposed NEP. We expect that these movements, if they occur, would 
be infrequent in the foreseeable future given the size of the NEP, the 
NEP's distance from existing populations, and observed California 
condor movements at other release areas over the last two decades. 
Furthermore, we find that the interaction of individuals among the NEP 
and existing endangered populations, and the merging of these 
populations are even more unlikely to occur in the foreseeable future 
given the distance between the populations and the small number of 
California condors likely to occupy the NEP. Even if California condors 
occasionally moved into or out of the proposed NEP, the presence of one 
or a few individual dispersing condors would not constitute a

[[Page 13595]]

``population'' and any individuals dispersing into or out of the 
experimental population area would be treated as if they were part of 
the population at the location where they are found (See Wyoming Farm 
Bureau Federation v. Babbitt, 199 F.3d 1224, 1234-6, FN 5 (10th Cir. 
2000) (finding the Secretary reasonably exercised his management 
authority under section 10(j) in defining the experimental wolf 
population by location). Based on definitions of ``population'' used in 
other experimental population rules (e.g., 59 FR 60252, November 22, 
1994 (gray wolves), 71 FR 42298, July 26, 2006 (Northern aplomado 
falcons)), we consider a population to require a minimum of two 
successfully reproducing California condor pairs over multiple breeding 
cycles. Using this definition of a population, the best available 
information suggests that the population of California condors formed 
from releases in Redwood National Park is likely to be wholly separate 
from other populations of California condors for the foreseeable 
future.

Likelihood of Population Establishment and Survival

    The best available scientific data indicate that the reintroduction 
of California condors into suitable habitat in Redwood National Park is 
biologically feasible and would promote the conservation of the 
species. Along with our numerous recovery partners, we have over 25 
years of experience breeding and releasing California condors into the 
wild at several release areas across various ecosystems. Release 
techniques are well established, as are protocols for managing released 
California condors. Based on our collective knowledge gained from these 
efforts, we anticipate California condors will become successfully 
established for the following reasons:
    (1) Landscape-scale modeling indicates the NEP may have some of the 
most extensive nesting, roosting, and feeding habitats remaining within 
the historical range in California, Oregon, and Washington (D'Elia et 
al. 2015, pp. 95-97). California condors are habitat generalists and 
have been successfully reintroduced to variety of ecosystems including 
the mountain foothill of southern California, coastal forests of 
central California, high desert and canyon lands in northeastern 
Arizona and mountainous areas in Baja California, Mexico. This species 
is flexible in its diet, eating carrion of many different species of 
wildlife and livestock. Therefore, we do not anticipate climate change 
effects on habitat will negatively impact our ability to re-establish a 
population of this species in the Pacific Northwest.
    (2) A site-specific habitat evaluation, which considered site 
suitability, logistics, threats and hazards, cultural resources, and 
suitability of adjacent lands, found the release site to have 
suitability ratings similar to existing release sites (Yurok Tribe 
Wildlife Program, pers. comm. 2016).
    (3) The causes for California condor extirpation from the region 
are either no longer active or are being addressed through a mixture of 
regulatory and proactive voluntary conservation measures (see 
Addressing Causes of Extirpation, below).
    (4) The extent of effects of existing and proposed actions and 
activities within the NEP on the reintroduced population have been 
evaluated in an environmental assessment and are compatible with 
conservation of the California condor (NPS et al. 2018, entire).
    (5) The reintroduced population will receive ongoing demographic 
support from a managed captive population and an active field 
monitoring and management program (Similar population support has 
allowed population growth and establishment at all of the other 
California condor release sites).
    (6) The reintroduced population will be integrated with the 
California Condor Recovery Program to ensure that California condors 
released in Redwood National Park have an appropriate sex ratio, age-
structure, and include representatives of the founder genomes.
    (7) There is broad institutional and partner support for a 
California condor reintroduction in Redwood National Park and Yurok 
ancestral territory.
    On June 14, 2016, a Memorandum of Understanding (MOU) between 16 
parties was finalized. The purpose of the MOU was to formalize an 
agreement to assess the potential to recover California condors in the 
Pacific Northwest and to work to seek funding to support that effort if 
it proved feasible. Signatories to the MOU included the U.S. Fish and 
Wildlife Service, National Park Service (NPS), Bureau of Land 
Management, Yurok Tribe, California Department of Fish and Wildlife 
(CDFW), California Department of Parks and Recreation (CDPR), Oregon 
Department of Fish and Wildlife (ODFW), Oregon Zoo, Sequoia Park Zoo, 
Ventana Wildlife Society, Oakland Zoo, Pacific Gas and Electric 
Company, Pacific Power Company, Green Diamond Resource Company, and 
Hells Canyon Preservation Council. In 2018, the U.S. Forest Service, 
also signed this MOU. Based on all of these considerations, we 
anticipate that reintroduced California condors are likely to become 
established and persist within the NEP.

Addressing Causes of Extirpation

    Investigating the causes for decline and extirpation of California 
condors is necessary to understand whether the threats have been 
sufficiently curtailed such that reintroduction efforts are likely to 
be successful. Evaluation of various hypotheses for the extirpation of 
California condors in the Pacific Northwest revealed that secondary 
poisoning related to predator control and extermination campaigns, 
direct persecution, and possibly lead poisoning from spent ammunition 
were the primary causes (D'Elia and Haig 2013, pp. 119-122). Two of 
these primary drivers of regional extirpation--predator poisoning and 
direct persecution--are no longer the primary threats to the California 
condor. According to the most comprehensive assessment of California 
condor deaths from 1992 through 2009, of the 76 deaths where a 
definitive cause was determined, there were no confirmed cases of 
secondary poisoning related to predator control (although there was one 
possible case involving glycol toxicosis) and only five cases of 
condors directly persecuted by gunshot or arrow (Rideout et al. 2012, 
pp. 108, 110).
    Based on multiple lines of evidence, the primary threat to the 
recovery of the California condor is lead poisoning from spent 
ammunition (see Biological Information, above). Regulations banning 
lead ammunition for taking wildlife in California will be in effect by 
the time of the reintroduction effort (see Biological Information, 
above). In addition, voluntary efforts to reduce lead exposure in 
wildlife are ongoing in Oregon (see Biological Information, above). 
Finally, the reintroduction program will carefully monitor the 
population and conduct regular health checks to evaluate whether 
reintroduced California condors are being exposed to lead, the rate of 
exposure, and how this situation compares to other portions of the 
species' range. When necessary, California condors with elevated lead 
levels will be treated for lead poisoning. While the threat from lead 
ammunition is still present in the proposed experimental population 
area, it is being addressed through a mixture of regulatory and 
proactive voluntary measures (see Biological Information, above); 
therefore, we will not request further regulation of lead ammunition 
for this proposed experimental population. Sources of mortality will be 
carefully monitored, and if high

[[Page 13596]]

mortality rates are preventing the establishment of a self-sustaining 
population, we will work with our conservation partners to implement 
additional voluntary measures to address threats, as we have at other 
California condor release sites.

Release Procedures

    Release procedures at Redwood National Park are described in the 
environmental assessment (NPS et al. 2018, pp. 23-28) and would be 
similar to those at existing release sites. Procedures include: (1) The 
use of an onsite release pen where California condors are kept for a 
short period of time prior to release, (2) tracking of all released 
condors via telemetry (VHF and GPS/GSM), and (3) supplying condors with 
proffered food at the release site to allow for repeated trappings to 
monitor health and replace transmitters.
    In general, a new cohort of captive-reared California condors will 
be released annually. The size of each release group will depend on the 
number of California condors in captivity available for release, but 
annual releases will likely involve up to six condors. California 
condors hatched in captivity will be raised by their parents or a 
condor look-alike hand puppet until they are approximately 6 months to 
1 year old. They will then be placed with other California condors in a 
single large pen so they will form social bonds and undergo aversion 
training to power poles. The young California condors will be 
transported to the release site at Redwood National Park when they are 
approximately 1.5 to 2 years old. At the release site they will be 
placed in a flight pen and will remain there for an acclimation period 
of approximately 3 months.
    Biologists will remain near the release pen, observing the young 
California condors' behavior and guarding against predators or other 
disturbance. After the initial adjustment period, California condors 
will be released from the flight pen. Any release candidate showing 
signs of physical or behavioral problems will not be released. A small 
area of NPS land will be closed to recreational activity to protect the 
California condors in or around the release facility. Carcasses will be 
provided at the release site, as supplemental food for newly released 
California condors, and as necessary, to attract condors for periodic 
trapping to check their health and swap-out transmitters.
    All California condors released to the wild will be marked to allow 
identification of individuals. Current methods for doing this include 
placing electronic transmitters (e.g., GPS/GSM and radio transmitters) 
and wing markers on the wings of each California condor. The movements 
and behavior of each California condor will be monitored remotely using 
electronic transmitters and ground observations. Aerial tracking will 
be used to find lost individuals, and telemetry flights will be 
coordinated with the appropriate land management agencies. Our methods 
for identifying and monitoring individuals will be adaptive and may 
change as technology improves.
    An effort will be made to maintain an even sex-ratio across a range 
of age-classes in the released population. Adult California condors 
unfit for release may be transported to the release site and kept in 
the pen as mentors for the acclimating cohort. Adjustments will be made 
in release cohort structure annually based on availability from 
captive-breeding facilities, genetics, sex-ratio, and age.

Donor Stock Assessment and Effects on Donor Population

    The donor population for the proposed reintroduction of California 
condors to Redwood National Park is the captive population of 
California condors. Although the captive population is located at four 
breeding facilities, these facilities cooperate to manage the entire 
wild population and captive population as a single entity, exchanging 
California condors and condor eggs among the facilities as necessary 
for population and genetic management (Ralls and Ballou 2004, p. 216).
    As of December 2017, there were 173 California condors in 
captivity, and the size of the captive population has been relatively 
stable over the last 5 years, with end-of-year counts ranging from 167 
to 193 during this time period (USFWS 2018, pp. 1, 6). With the 
assistance of the captive-breeding program, the total population of 
California condors increased from 370 condors in 2010 to 463 condors in 
2017 (USFWS 2018, p. 6).
    The donor population is carefully managed to ensure its long-term 
viability. Annual reviews of breeding, captive pairings, genetic 
health, and demographic factors are undertaken to ensure that captive-
releases will not be detrimental to the stability of the captive flock. 
In addition, the captive-breeding program has capacity to pair 
additional captive California condors to increase reproductive output 
as they become available for breeding and to replace senescent condors. 
This could be done through multiple clutching, the use of non-breeding 
adults to serve as foster parents, and/or puppet rearing. Given the 
careful management of the donor population, the ability to increase its 
productivity, and the relatively small number of California condors 
that will be released at Redwood National Park annually, impacts to the 
donor population are expected to be negligible.

Management

    The Service, NPS, and the Yurok Tribe will plan and manage the 
reintroduction of California condors at Redwood National Park. In 
addition, these agencies will carefully collaborate on releases, 
monitoring, coordination with landowners and land managers, public 
awareness, and other tasks necessary to ensure successful 
reintroduction of the species. A few specific management considerations 
related to the experimental population are addressed below.
    (a) Incidental Take: Experimental population special rules contain 
specific prohibitions and exceptions regarding the taking of individual 
animals. These special rules are compatible with most routine human 
activities in the expected reestablishment area. Section 3(19) of the 
Act defines ``take'' as ``to harass, harm, pursue, hunt, shoot, wound, 
kill, trap, capture, or collect, or to attempt to engage in any such 
conduct.'' ``Incidental take'' is further defined as take that is 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity. If we adopt the 10(j) rule as proposed, most 
incidental take of California condors within the experimental 
population area would be allowed, provided that the take is 
unintentional and not due to negligent conduct. With the exception of 
fuels treatment activities by Federal and State agencies to reduce the 
risk of catastrophic wildfire, habitat alteration (e.g., removing 
trees, erecting structures, altering the nest structure or perches near 
the nest) or significant visual or noise disturbance (e.g., tree 
felling, chainsaws, helicopter overflights, concrete cutters, 
fireworks, explosives) within 656 ft (200 m) of an active nest that 
result in incidental take of California condors would be prohibited. 
Activities such as livestock grazing and use of existing roads and 
trails would not be considered a significant visual or noise 
disturbance. For the purposes of this rule, an active California condor 
nest is defined as a nest that is: (1) Attended by a breeding pair of 
condors, (2) occupied by a condor egg, or (3) occupied or attended by a 
<1-year-old condor.
    The 656-ft (200-m) buffer is meant to serve to minimize visual and 
auditory impacts associated with human

[[Page 13597]]

activities near nest sites. We chose a 656-ft (200-m) buffer after 
considering buffer distances used for other raptors, which varied 
widely from 162-5,249 ft (50-1,600 m) (Richardson and Miller 1997, pp. 
635-636; Romin and Muck 2002; USFWS 2007, p. 13), as well as past 
recommendations on buffer distances for California condor nests, which 
ranged from 0.5-1.5 mi (0.8-2.4 km) (Carrier 1973, pp. 71-73). This 
variation is likely the result of differences in environmental setting, 
species-specific responses, status of the species at the time of the 
recommended buffer, the nature of the disturbance, and the purpose of 
the buffer. It is important to note that historical California condor 
buffer distances of 0.5 to 1.5 mi (0.8-2.4 km) were based on anecdotal 
observations of a small number of condor nests in a declining 
population, and were necessarily conservative given the context of a 
nearly extinct species. The nest buffer we are proposing is smaller 
than those earlier recommendations because of new information 
suggesting that nesting California condors may be more tolerant of 
disturbance than previously believed (see below). We also accounted for 
the fact that we are proposing this population as nonessential 
experimental. Therefore, our buffer distance around nests may be less 
conservative than our recommended buffer distances from nests where 
California condors are listed as endangered.
    While species-specific responses to disturbance have not been 
formally studied for the California condor, observations in the 1950s 
and 1960s found that once a condor nest is started, it will not be 
abandoned unless the egg or chick is lost or the parents killed (Sibley 
1969, p. 8). In addition, recent observations have documented 
successful nests within 0.5 mi (0.8 km) from active oil and gas 
operations and within 656 ft (200 m) of busy highways, hiking trails, 
and forestry practices such as operating chainsaws and chippers (A. 
Welch, NPS, pers. comm. 2015). One nest in a giant sequoia tree was 
successful despite being ``right on the edge'' of a clearcut operation 
(which ceased only 3 weeks prior to egg laying) and only about 656 ft 
(200 m) from, and in direct view of, an intermittently active dirt road 
(Snyder et al. 1986, p. 238).
    Although the best available information suggests that California 
condors may not be as susceptible to disturbance as we thought in the 
1960s-1980s, flushing of condors from nests has been documented due to 
disturbance and this activity has the potential to result in the egg 
breaking if the adult that is flushed is incubating the egg (Sibley 
1969, p. 8). It is also possible that prolonged or repeated 
disturbances may cause nest failure (Sibley 1969, p. 15). To minimize 
the chances of nest or egg destruction and to preserve the structural 
integrity of habitat around nests while minimizing impacts to 
stakeholders, we are proposing to prohibit habitat alteration or 
significant visual or noise disturbance within 656 ft (200 m) of active 
nests. However, fuels treatments by Federal and State agencies designed 
to reduce the risk of catastrophic wildfire would not be prohibited 
within 656 ft (200 m) of active nests given the anticipated long-term 
conservation benefits to California condor nesting habitat. Other 
actions within 656 ft (200 m) of an active California condor nest may 
be permissible if they will not result in incidental take of California 
condors because of mitigating factors (e.g., topography or limited 
duration or extent of the action); however, we recommend that persons 
who intend to take an action within this distance of an active 
California condor nest first contact us for technical assistance.
    Existing and proposed activities and land uses surrounding the park 
that could potentially result in incidental take include wind power, 
utility transmission lines, mining, commercial timber production, and 
ranching operations (NPS et al. 2018). As noted above in our evaluation 
of the likelihood of population establishment and survival, we 
determined that the extent of effects of these activities within the 
NEP is compatible with conservation of the California condor. We expect 
few restrictions on these activities because most incidental take, 
including take associated with lead ingestion, would be not be 
prohibited. Some activities, such as those associated with timber 
harvest or erecting structures, within 200 meters of an active nest 
would be prohibited, as described above. However, because (1) the 
number of individuals initially released would be small, (2) California 
condors nest only on cliffs and in large tree cavities, (3) California 
condors tend to nest in less accessible and remote areas, and (4) the 
nests would be dispersed rather than concentrated in a particular area, 
we expect impacts to existing and proposed activities to be minimal 
(NPS et al. 2018). For the reasons stated above, it is unlikely that a 
condor would nest within areas with active timber harvest operations, 
as only about 0.5 percent of harvestable timber on private lands within 
the study area are likely to contain suitable nesting trees. (NPS 
2018). Once the condor chick has fledged, activities could resume, so 
any prohibitions on activities would be temporary in nature.
    (b) Interagency Consultation: For purposes of section 7 of the Act, 
section 10(j) of the Act and our regulations (50 CFR 17.83) provide 
that nonessential experimental populations are treated as species 
proposed for listing under the Act except on National Park System and 
National Wildlife Refuge System lands, where they are treated as 
threatened species for the purposes of section 7 of the Act.
    (c) Special Handling: USFWS, NPS, California Department of Parks 
and Recreation, CDFW, ODFW, Nevada Department of Wildlife (NDOW), and 
Yurok Wildlife Department employees, and authorized agents acting on 
their behalf, may handle California condors for scientific purposes; to 
relocate or haze California condors to avoid conflict with human 
activities; for recovery purposes; to aid sick or injured California 
condors; and to salvage dead California condors. However, non-Service 
or other non-authorized personnel will need to acquire permits from the 
Service and the appropriate State or Tribal agency for these 
activities.
    (d) Public Awareness and Cooperation: During January 2017, in 
cooperation with the Yurok Tribe and Redwood National Park, we 
conducted five NEPA scoping meetings on this proposed action in 
northern California and Oregon. We notified a comprehensive list of 
stakeholders of the meetings including affected Federal and State 
agencies, Native American Tribes, local governments, landowners, 
nonprofit organizations, and other interested parties. The comments we 
received were included in the formulation of alternatives considered in 
the NEPA process, and were considered in formulating this proposed 
regulation to designate the reintroduced California condors as an NEP.

Monitoring and Evaluation

    In cooperation with conservation partners, we will monitor 
movements, habitat use, and survival of all released California condors 
(NPS et al. 2018, pp. 23-28). Monitoring individual movements will 
allow field staff to identify potential problem-behaviors and to 
capture, relocate, or haze individual California condors for their 
safety. It will also allow us to detect any California condors that 
move outside of the experimental population area. Trapping will occur 
at the release site to allow for hands-on physical exams of

[[Page 13598]]

individuals, replacement of faulty or aging transmitters, marking 
growing feathers, sampling feathers marked previously for lead history 
construction, and drawing blood for immediate testing of circulating 
blood lead levels and laboratory analysis for other contaminants of 
interest including, but not limited to, organophosphates and 
anticoagulant rodenticides.
    Annual reports that summarize monitoring and management activities 
will be collaboratively developed by the Yurok Tribe, NPS, and USFWS. 
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.

Findings

    Based on the best scientific and commercial data available (in 
accordance with 50 CFR 17.81), we find that releasing the California 
condors into Redwood National Park with the regulatory provisions in 
this proposed rulemaking will further the conservation of the species. 
The nonessential experimental population status is appropriate for the 
reintroduced population because we have determined that it is not 
essential to the continued existence of the species in the wild.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Executive Order 13771

    Under E.O. 13771 (``Reducing Regulation and Controlling Regulatory 
Costs'') (82 FR 9339, February 3, 2017), this rule is not a regulatory 
action because this rule is not significant under E.O. 12866.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 
60 et seq.), whenever a Federal agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare, and make 
available for public comment, a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities. We certify that this rule would not have a significant 
economic effect on a substantial number of small entities. The 
following discussion explains our rationale.
    The areas that would be affected under this rule include the 
release site at Redwood National Park and areas where individual 
California condors are likely to disperse. Because of the regulatory 
flexibility for Federal agency actions provided by the NEP designation 
and the exemption for incidental take in the rule (with a minor 
exception around active nests), we do not expect this rule to have 
significant effects on any activities within Federal, State, or private 
lands within the NEP. In regard to section 7(a)(2) of the Act, the 
population would be treated as proposed for listing, and Federal action 
agencies are not required to consult on their activities, except on 
National Wildlife Refuges and National Park System lands, where the NEP 
is treated as a threatened species for the purposes of section 7 of the 
Act.
    Section 7(a)(4) of the Act requires Federal agencies to confer 
(rather than consult) with the Service on actions that are likely to 
jeopardize the continued existence of a species proposed for listing. 
However, because the NEP is, by definition, not essential to the 
survival of the species, conferring will likely never be required for 
the California condor population within the NEP area. Furthermore, the 
results of a conference are advisory in nature and do not restrict 
agencies from carrying out, funding, or authorizing activities. Section 
7(a)(1) of the Act requires Federal agencies to use their authorities 
to carry out programs to further the conservation of listed species, 
which would apply on any lands within the NEP areas. On National 
Wildlife Refuges and National Park System lands within the NEP the 
California condor would be treated as a threatened species for the 
purposes of section 7 of the Act. As a result, and in accordance with 
our regulations, some modifications to proposed Federal actions within 
National Wildlife Refuges and National Park System lands may occur to 
benefit the California condor, but we do not expect projects to be 
substantially modified because these lands are already administered in 
a manner that is compatible with California condor conservation.
    This rule broadly authorizes incidental take of the California 
condor within the NEP area. The regulations implementing the Act define 
``incidental take'' as take that is incidental to, and not the purpose 
of, the carrying out of an otherwise lawful activity, such as 
agricultural activities and other rural development, camping, hiking, 
hunting, vehicle use of roads and highways, and other activities in the 
NEP areas that are in accordance with Federal, Tribal, State, and local 
laws and regulations. Intentional take for purposes other than 
authorized data collection or recovery purposes would not be 
authorized. Intentional take for research or recovery purposes would 
require a section 10(a)(1)(A) recovery permit under the Act.
    The principal activities on private property near the proposed 
release site are recreation, timber production, agriculture, and 
activities associated with private residences. We believe the presence 
of the California condor will not significantly affect the use of lands 
for these purposes because--with a minor exception around active condor 
nests--there will be no new or additional economic or regulatory 
restrictions imposed upon States, non-Federal entities, or private 
landowners due to the presence of the California condor (NPS, 2018). 
Therefore, this rulemaking is not expected to have any significant 
adverse impacts to activities on private lands within the NEP area.

[[Page 13599]]

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (1) This rule would not ``significantly or uniquely'' affect small 
governments. We have determined and certify pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that, if adopted, this 
rulemaking would not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. A Small 
Government Agency Plan is not required. Small governments would not be 
affected because the proposed NEP designation would not place 
additional requirements on any city, county, or other local 
municipalities.
    (2) This rule would not produce a Federal mandate of $100 million 
or greater in any year (i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act). This proposed NEP 
designation for the California condor would not impose any additional 
management or protection requirements on the States or other entities.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the proposed rule does 
not have significant takings implications. When reintroduced 
populations of federally listed species are designated as nonessential 
experimental populations, the Act's regulatory requirements regarding 
the reintroduced population are significantly reduced. This rule would 
allow for the taking of reintroduced California condors when such take 
is incidental to an otherwise legal activity, with a minor exception 
for habitat alteration and significant visual or noise disturbance 
within 656 ft (200 m) of active condor nests.
    A takings implication assessment is not required because this rule: 
(1) Would not effectively compel a property owner to suffer a physical 
invasion of property, and (2) would not deny all economically 
beneficial or productive use of the land or aquatic resources. This 
rule would substantially advance a legitimate government interest 
(conservation and recovery of a listed species) and would not present a 
barrier to all reasonable and expected beneficial use of private 
property.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, we have considered 
whether this proposed rule has significant Federalism effects and have 
determined that a Federalism assessment is not required. This rule 
would not have substantial direct effects on the States, on the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. In keeping with Department of the Interior policy, we 
requested information from and coordinated development of this proposed 
rule with the affected resource agencies in California, Nevada, and 
Oregon. Achieving the recovery goals for this species will contribute 
to its eventual delisting and return to State management. No intrusion 
on State policy or administration is expected, roles or 
responsibilities of Federal or State governments would not change, and 
fiscal capacity would not be substantially directly affected. The 
proposed rule operates to maintain the existing relationship between 
the State and the Federal Government and is being undertaken in 
coordination with the States of California, Nevada, and Oregon. We have 
cooperated with CDFW, the NDOW, and ODFW in the preparation of this 
proposed rule. Therefore, this proposed rule does not have significant 
Federalism effects or implications to warrant the preparation of a 
Federalism assessment pursuant to the provisions of Executive Order 
13132.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988 (February 7, 1996, 61 FR 
4729), the Office of the Solicitor has determined that this rule would 
not unduly burden the judicial system and would meet the requirements 
of sections (3)(a) and (3)(b)(2) of the Order.

Paperwork Reduction Act

    This rule does not contain any new collection of information that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has 
previously approved the information collection requirements associated 
with permitting and reporting requirements associated with native 
endangered and threatened species, and experimental populations, and 
assigned the following OMB Control Numbers:
     1018-0094, ``Federal Fish and Wildlife Permit Applications 
and Reports--Native Endangered and Threatened Species; 50 CFR 10, 13, 
and 17'' (expires 03/31/2021), and
     1018-0095, ``Endangered and Threatened Wildlife, 
Experimental Populations, 50 CFR 17.84'' (expires 12/31/2020).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.

National Environmental Policy Act

    In compliance with all provisions of the National Environmental 
Policy Act of 1969 (NEPA), we have analyzed the impact of this proposed 
rule. Based on this analysis and any new information resulting from 
public comment on the proposed action, we will determine if there are 
any significant impacts or effects caused by this rule. In cooperation 
with the NPS and the Yurok Tribe, we have prepared an environmental 
assessment on this proposed action and have made it available for 
public inspection: (1) In person at Redwood National and State Parks, 
Newton B. Drury Center, 1111 2nd Street, Crescent City, CA 95531; and 
(2) online at https://www.regulations.gov or https://parkplanning.nps.gov/condor. All appropriate NEPA documents will be 
finalized before this rule is finalized.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 229511), Executive Orer 13175, and the Department 
of the Interior Manual Chapter 512 DM 2, we have coordinated closely 
with the Tribal governments near the proposed release site throughout 
the development of this rule. In collaboration with the NPS, we have 
extended an invitation for government-to-government consultation to all 
federally recognized Tribes in the proposed NEP area, have formally met 
with tribes that have requested government-to-government consultation, 
stand ready to meet with other tribes that request government-to-
government consultation, and will fully consider information and 
comments received through the consultation process. We will also 
consider all comments received from Tribes and tribal members during 
the public comment period.

Energy Supply, Distribution, or Use (E.O. 13211)

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This rule is not 
expected to significantly affect energy supplies, distribution, and 
use. Therefore, this action is not a significant energy action

[[Page 13600]]

and no Statement of Energy Effects is required.

Clarity of This Regulation (E.O. 12866)

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSESS. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

References Cited

    A complete list of all references cited in this proposed rule is 
available upon request from the Pacific Region Office (see FOR FURTHER 
INFORMATION CONTACT) or online at https://www.regulations.gov in Docket 
No. FWS-R1-ES-2018-0033.

Author

    The primary author of this proposed rule is Jesse D'Elia of the 
Pacific Regional Office (see FOR FURTHER INFORMATION CONTACT).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
 1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.

0
 2. Amend Sec.  17.11(h) by revising the entry for ``Condor, 
California'' under BIRDS in the List of Endangered and Threatened 
Wildlife to read as follows:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
            Common name                Scientific name          Where listed       Status   and applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                      Birds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Condor, California................  Gymnogyps              U.S.A. only, except          E   32 FR 4001, 3/11/
                                     californianus.         where listed as an               1967; 61 FR 54045,
                                                            experimental                     10/16/1996; 50 CFR
                                                            population.                      17.95(b) \CH\.
Condor, California................  Gymnogyps              U.S.A. (specific            XN   61 FR 54045, 10/16/
                                     californianus.         portions of Arizona,             1996; 50 CFR
                                                            Nevada, and Utah)--              17.84(j)\10j\.
                                                            see Sec.   17.84(j).
Condor, California................  Gymnogyps              U.S.A. (Oregon, and         XN   [Federal Register
                                     californianus.         specific portions of             citation of the
                                                            northern California              final rule]; 50 CFR
                                                            and northwest                    17.84(i)\10j\.
                                                            Nevada).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Amend Sec.  17.84 by adding a paragraph (i) to read as follows:


Sec.  17.84  Special rules--vertebrates.

* * * * *
    (i) California condor (Gymnogyps californianus). (1) Where is the 
California condor designated as a nonessential experimental population 
(NEP)? (i) The NEP area for the California condor is within the 
species' historical range in northern California, northwestern Nevada, 
and Oregon. 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 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) 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.
    (iii) 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 Sec.  17.11(h) in accordance with the Act; or
    (B) The reintroduction is not successful and the regulations in 
this paragraph (i) are revoked.
    (iv) 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 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

[[Page 13601]]

with any applicable Federal rulemaking and other procedures.
    (v) 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 and incidental to a lawful 
activity, such as hunting, ranching, driving, or recreational 
activities, and you report the take as soon as possible as provided 
under paragraph (i)(2)(iii) of this section.
    (ii) Any person with a valid permit issued by the Service under 
Sec.  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 
Wildlife Department, 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;
    (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 paragraph (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? (i) Except as expressly allowed in paragraph (i)(2) of this 
section, all of the provisions of Sec.  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) With the exception of fuels treatment activities by Federal 
and State agencies to reduce the risk of catastrophic wildfire, habitat 
alteration (e.g., removing trees, erecting structures, altering the 
nest structure or perches near the nest) or significant visual or noise 
disturbance (e.g., tree felling, chainsaws, helicopter overflights, 
concrete cutters, fireworks, explosives) within 656 ft (200 m) of an 
active nest that result in incidental take of California condors would 
be prohibited. Activities such as livestock grazing and use of existing 
roads and trails would not be considered a significant visual or noise 
disturbance. For the purposes of this rule, an active 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. If you intend to take an action within 656 ft 
(200 m) of an active California condor nest and believe that your 
action will not result in incidental take of California condors because 
of mitigating factors (e.g., topography or limited duration or extent 
of the action), we recommend you first contact us for technical 
assistance.
    (iii) 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.
    (iv) 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? 
(i) 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. 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. If a formal 
evaluation indicates the project is experiencing a 40 percent or 
greater mortality rate or released California condors are not finding 
food on their own, serious consideration will be given to terminating 
the project.
    (5) Map of the NEP areas for the California condor in the Pacific 
Northwest:
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* * * * *

    Dated: March 20, 2019.
Margaret E. Everson,
Principal Deputy Director Exercising the Authority of the Director for 
the U.S. Fish and Wildlife Service.
[FR Doc. 2019-06293 Filed 4-4-19; 8:45 am]
 BILLING CODE 4333-15-P