[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Proposed Rules]
[Pages 35762-35773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17136]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE00


Endangered and Threatened Wildlife and Plants: Proposed 
Establishment of a Nonessential Experimental Population of Grizzly 
Bears in the Bitterroot Area of Idaho and Montana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service proposes to reintroduce the 
grizzly bear (Ursus arctos horribilis), a threatened species, into 
east-central Idaho and a portion of western Montana. These grizzlies 
will be classified as a nonessential experimental population pursuant 
to section 10(j) of the Endangered Species Act of 1973, as amended. 
Grizzly bear populations have been extirpated from most of the lower 48 
United States. They presently occur in populations in the Cabinet/Yaak 
ecosystem in northwestern Montana and north Idaho, the Selkirk 
ecosystem in north Idaho and northeastern Washington, the North 
Cascades ecosystem in northwestern Washington, the Northern Continental 
Divide ecosystem in Montana, and the Yellowstone ecosystem in Montana, 
Wyoming, and Idaho. The purpose of this reintroduction is to 
reestablish a viable grizzly bear population in the Bitterroot 
ecosystem in east-central Idaho and adjacent areas of Montana, one of 
six grizzly recovery areas identified in the Grizzly Bear Recovery 
Plan. Potential effects of this proposed rule are evaluated in a draft 
Environmental Impact Statement released concurrently with the 
publication of this proposed rule. This grizzly bear reintroduction 
does not conflict with existing or anticipated Federal agency actions 
or traditional

[[Page 35763]]

public uses of wilderness areas or surrounding lands.

DATES: Comments from all interested parties must be received by October 
9, 1997.

ADDRESSES: Comments or other information may be sent to Grizzly Bear 
Recovery Coordinator, U.S. Fish and Wildlife Service, University Hall, 
Room 309, University of Montana, Missoula, Montana 59812. The complete 
file for this proposed rule is available for inspection, by appointment 
during normal business hours, at the above address.

FOR FURTHER INFORMATION CONTACT: Dr. Christopher Servheen, at the above 
address, or telephone (406) 243-4903.

SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (Service) 
also will hold public hearings to obtain additional verbal and written 
information. Hearings are proposed to be held in Boise, Lewiston, and 
Salmon, Idaho; and Helena, Missoula, and Hamilton, Montana. The 
location, dates, and times of these hearings will be announced in the 
Federal Register at least 15 days prior to the first hearing, and in 
local newspapers.

Background

1. Legal

    The Endangered Species Act Amendments of 1982, Public Law 97-304, 
made significant changes to the Endangered Species Act (Act) of 1973 as 
amended (16 U.S.C. 1531 et seq.), including the creation of section 
10(j) which provides for the designation of specific animals and 
populations as ``experimental.'' Under previous authorities in the Act, 
the Service was permitted to reintroduce a listed species into 
unoccupied portions of its historic range for conservation and recovery 
purposes. However, local opposition to reintroduction efforts from 
certain parties concerned about potential restrictions, and 
prohibitions on Federal and private activities contained in sections 7 
and 9 of the Act, reduced the utility of reintroduction as a management 
tool.
    However, under section 10(j), a listed species reintroduced outside 
of its current range, but within its historic range, may be designated, 
at the discretion of the Secretary of the Interior (Secretary), as 
``experimental.'' This designation increases the Service's flexibility 
and discretion in managing reintroduced endangered species because such 
experimental animals may be treated as a threatened species. The Act 
requires that animals used to form an experimental population be 
separated geographically from nonexperimental populations of the same 
species.
    Additional management flexibility is possible if the experimental 
population is found to be ``nonessential'' to the continued existence 
of the species in question. Section 10(j) of the Act states that 
nonessential experimental animals are not subject to the formal 
consultation provision of the Act unless they occur on land designated 
as a national wildlife refuge or national park. Individual animals 
within nonessential experimental populations located outside national 
parks or national wildlife refuges are treated, for purposes of section 
7 of the Act, except for subsection 7(a)(1), as if they were only 
proposed for listing under section 4 of the Act. Activities undertaken 
on private lands are not affected by section 7 of the Act unless they 
are funded, authorized, or carried out by a Federal agency.
    Specimens used to establish an experimental population may be 
removed from a source or donor population, provided their removal is 
not likely to jeopardize the continued existence of the species and 
appropriate permits have been issued in accordance with 50 CFR 17.22. 
Grizzly bears (Ursus arctos horribilis) for this proposed 
reintroduction will be obtained from Canadian and United States grizzly 
populations with permission from the Canadian and Provincial 
governments and concurrence from the appropriate State officials. 
Grizzly bears are common in western Canada (10,000 to 11,000 in British 
Columbia) and Alaska (an estimated 30,000 to 35,000). An estimated 516 
exist in the Northern Continental Divide ecosystem in northwestern 
Montana, and an estimated 245 exist in the Yellowstone ecosystem. No 
adverse biological impact is expected from the removal of 10-15 grizzly 
bears from the British Columbia population over a 5-year period. No 
adverse biological impact is expected from the removal of 10-15 grizzly 
bears from the Northern Continental Divide and/or Yellowstone ecosystem 
populations over a 5-year period. Consequently, the Service finds that 
grizzly bears to be used in the reintroduction effort meet the 
definition of ``nonessential'' (50 CFR 17.80 (b)) because the loss of 
the reintroduced grizzlies is not likely to appreciably reduce the 
likelihood of survival of the species in the wild.
    The grizzly bear was listed as a threatened species in the lower 48 
States under the Act in 1975 (40 FR 3173).

2. Biological

    This proposed rule deals with the grizzly bear, a threatened 
species that once ranged throughout most of western North America. An 
estimated 50,000 grizzly bears roamed the American West prior to 
European settlement (U.S. Fish and Wildlife Service 1993). However, 
distribution and population levels of this species have been diminished 
by excessive human-caused mortality and loss of habitat. Today, only 
800 to 1,000 grizzly bears remain in a few isolated populations in 
Montana, Idaho, Wyoming, and Washington, which represents approximately 
2 percent of their historic range in the lower 48 States (U.S. Fish and 
Wildlife Service 1993).
    The natural history of grizzly bears and their ecological role was 
poorly understood during the period of their eradication in the 
conterminous United States. As with other large predators, grizzly 
bears were considered a nuisance and threat to humans. Today, the 
grizzly bear's role as an important and necessary part of natural 
ecosystems is better understood and appreciated.
    Historically, the grizzly bear was a widespread inhabitant of the 
Bitterroot Mountains in east-central Idaho and western Montana. 
Historic grizzly bear range includes national forest lands within and 
surrounding the Selway-Bitterroot Wilderness Area and Frank Church-
River of No Return Wilderness Area on both sides of the Salmon River. 
The demise of the grizzly from the Bitterroot ecosystem (BE) was due to 
the actions of humans. Bears were actively killed for their fur, for 
sport, and to eliminate possible threats to humans and domestic 
livestock. The last verified death of a grizzly bear in the Bitterroot 
Mountains occurred in 1932 and the last tracks were observed in 1946 
(Moore 1984, 1996). Although occasional unverified reports of grizzly 
sightings persist in the ecosystem (Melquist 1985), no verified tracks 
or sightings have been documented in more than 50 years, and currently 
there is no evidence of any grizzly bears in the BE.

3. Grizzly Bear Recovery Efforts

    The reestablishment of a grizzly bear population in the BE will 
increase the survival probabilities and conservation of the grizzly 
bear in the lower 48 States. If the experimental population is lost, it 
will not further decrease the survival probability of the bear in other 
ecosystems beyond what currently exists. However, if the experimental 
population is successful it will enhance grizzly bear conservation over 
the long

[[Page 35764]]

term. The Grizzly Bear Recovery Plan was finalized in 1982 (U.S. Fish 
and Wildlife Service 1982) and called for the evaluation of the Selway-
Bitterroot ecosystem as a potential recovery area. An interagency team 
of grizzly bear scientists concluded the area provided suitable habitat 
and could support 200-400 grizzly bears (Servheen et al. 1991). In 
1991, the Interagency Grizzly Bear Committee subsequently endorsed the 
BE as a grizzly bear recovery area, and requested that the Service 
pursue recovery.
    In 1992, the Service organized a Technical Working Group to develop 
a BE chapter to append to the Grizzly Bear Recovery Plan. This 
interagency group of biologists worked with a citizens' involvement 
group comprised of local residents and agency personnel to draft a 
recovery plan chapter. Public comments, including those from local 
communities in central Idaho and western Montana, were integrated into 
the final chapter. The Service revised the Grizzly Bear Recovery Plan 
in 1993 (U.S. Fish and Wildlife Service 1993) and produced the 
Bitterroot Ecosystem Recovery Plan Chapter (Chapter) as an appendix 
(U.S. Fish and Wildlife Service 1996). This Chapter called for the 
reintroduction of a small number of grizzly bears into the BE as an 
experimental, nonessential population under section 10(j) of the Act 
and the preparation of an Environmental Impact Statement (EIS) on this 
proposal. By establishing a nonessential experimental population, more 
liberal management practices may be implemented to address potential 
negative impacts or concerns regarding the reintroduction. The Chapter 
identified a tentative long-term recovery objective of approximately 
280 grizzly bears for the BE.
    Planning for the reintroduction of grizzly bears into the BE of 
east-central Idaho and western Montana was initiated in 1993, when the 
agencies of the Interagency Grizzly Bear Committee requested that an 
EIS be prepared. The Service formed and funded an interagency team to 
prepare the EIS. The team included specialists from the Service, U.S. 
Forest Service, Idaho Department of Fish and Game, Montana Department 
of Fish, Wildlife and Parks, and the Nez Perce tribe. The Grizzly Bear 
EIS program emphasized public participation.
    A public participation and interagency coordination program was 
developed to identify issues and alternatives to be considered. A 
public Notice of Intent (NOI) concerning grizzly bear recovery in the 
BE, was published in the Federal Register on January 9, 1995 (60 FR 
2399). The notice was furnished as required by the National 
Environmental Policy Act regulations (40 CFR 1501.7) to obtain input 
from other agencies and the public on the scope of issues to be 
addressed in the EIS. This NOI asked the public to identify issues that 
should be addressed in the draft EIS. A few days earlier the Service 
also had issued a news release announcing the beginning of the EIS 
process and the start of an EIS on grizzly bear reintroduction into the 
BE.
    Eight preliminary issues were identified in March 1995 from scoping 
meetings for the Chapter and the NOI to prepare an EIS. Three 
preliminary alternatives also were identified and published in a 
Scoping of Issues and Alternatives brochure. This brochure was mailed 
to 1,100 people and distributed at seven open houses. The brochure gave 
background information, described the purpose and need of the proposed 
action, listed preliminary issues and alternatives, and explained how 
to become involved in the EIS process. People were asked to identify 
issues and alternatives related to grizzly bear reintroduction into the 
BE. On June 5, 1995, a notice was published in the Federal Register 
initiating the formal scoping process with a 45-day comment period (60 
FR 29708). A news release was sent to the print, radio, and television 
media in western Montana and Idaho on June 26, 1995, announcing the 
dates and locations for public open houses. Public issue scoping was 
initiated by the Service by mailing a brochure that detailed the EIS 
process.
    From July 5-11, 1995, seven public scoping sessions in the form of 
open houses were held in Grangeville, Orofino, and Boise, Idaho; 
Missoula, Helena, and Hamilton, Montana; and in Salt Lake City, Utah. 
At the open houses, people could watch a 5-minute introductory video 
about the proposed action of reintroducing a nonessential experimental 
population and talk with representatives of the Service, U.S. Forest 
Service, and State Fish and Game agencies about grizzly bears, their 
recovery, and the EIS process. Those who attended the open houses 
received copies of the issue and alternative scoping brochure and 
question-and-answer booklet. They were encouraged to leave written 
comments with agency personnel or mail their comments later. Verbal 
comments or questions were heard and responded to by the agency 
representatives, but verbal testimony was not formally recorded. More 
than 300 people attended these scoping sessions and offered comments on 
the proposal, the preliminary issues and alternatives, and voiced their 
opinions on grizzly bears and reintroduction. The scoping comment 
period was extended 30 days (from July 20 to August 21, 1995). On July 
25 a press release was sent to local and national media to announce the 
extension. This extension was requested by numerous public interests 
with varied opinions on this complex topic.
    Written public comments on issues and alternatives were solicited 
at the open houses and through the media. More than 3,300 written 
comments were received from individuals, organizations, and government 
agencies. These comments arrived in over 565 letters, open house 
meeting notes, six petitions, and six form letters or postcards. Public 
comments typified the strong polarization of concerns regarding grizzly 
bear management. Approximately 80 percent of written responses were 
from residents of counties in Montana and Idaho adjacent to the 
proposed reintroduction area. Major concerns raised included public 
safety, impacts of grizzly bears on existing land uses, travel 
corridors and linkages, nuisance bears and their control, and 
depredation by bears on domestic livestock and native ungulates.
    Hearings and a public comment period will be conducted after the 
release of the draft EIS and proposed rule to obtain public input.

4. Reintroduction Site

    The Service proposes to reintroduce grizzly bears into the BE of 
east-central Idaho in the Selway Bitterroot Wilderness on Federal lands 
managed by the U.S. Forest Service. The Bitterroot location was 
selected as a site for an experimental population of grizzly bears 
because of the following factors. The area known as the BE is centered 
around the Wilderness Areas of central Idaho, while a small portion 
extends eastward over the crest of the Bitterroot Mountains into 
Montana. It includes about 67,526 square kilometers (sq km) (26,072 
square miles (sq mi)) of contiguous national forest lands in central 
Idaho and western Montana. These include portions of the Bitterroot, 
Boise, Challis, Clearwater, Nez Perce, Payette, Sawtooth, Salmon, and 
Panhandle National Forests in Idaho, and the Bitterroot and Lolo 
National Forests in western Montana. The core of the ecosystem contains 
three wilderness areas including the Frank Church-River of No Return, 
Selway-Bitterroot, and Gospel Hump. These areas provide approximately 
15,793 sq km (6,098 sq mi) of grizzly bear habitat. Grizzly bears would 
only be reintroduced into the Selway-Bitterroot Wilderness Area

[[Page 35765]]

unless the Citizen Management Committee (Committee) determines that 
reintroduction in the River of No Return Wilderness is appropriate. 
Specific release sites that have high quality bear habitat and low 
likelihood of human encounters would be identified. The area is also 
geographically separate from other existing grizzly bear populations in 
Idaho and Montana. Thus, any grizzly bears documented inside the Idaho 
experimental population area would probably be from reintroduction 
efforts rather than naturally dispersing extant grizzly populations 
from northern Idaho or northwestern Montana.
    Because reintroduced grizzly bears will be classified as a 
nonessential experimental population, the Service's management 
practices can reduce local concerns about excessive government 
regulation on private lands, uncontrolled livestock depredations, 
excessive big game predation, and the lack of State government and 
local citizen involvement in the program.
    Establishment of grizzly bears in the BE of central Idaho will 
initiate recovery in one of the six ecosystems identified as having the 
potential to provide adequate habitat to maintain the grizzly bear as a 
viable and self-sustaining species, which will further the conservation 
of the species and assist in the attainment of the goals of the Grizzly 
Bear Recovery Plan (U.S. Fish and Wildlife Service 1993).

5. Reintroduction Protocol

    The proposed grizzly bear reintroduction project would be 
undertaken by the Service in cooperation with the U.S. Forest Service, 
other Federal agencies, the States of Idaho and Montana, the Nez Perce 
Tribe, and entities of the Canadian government. To obtain grizzly 
bears, the Service will enter into formal agreements with the Canadian 
and Provincial governments and/or resource management agencies and the 
State of Montana.
    The BE reintroduction program proposes trapping 15-25 subadult male 
and female grizzly bears over a 5-year period from areas in Canada (in 
cooperation with Canadian authorities) and the United States that 
presently have populations of grizzly bears living in habitats that are 
similar to those found in the BE. Only bears with no history of 
conflict with people will be reintroduced. Bears will be captured and 
reintroduced at the time of year that will optimize their survival. 
This would likely occur when grizzly bear food supplies in the BE are 
optimum. Bears would be transported to east-central Idaho, given any 
necessary veterinary care, and fitted with radio collars so that they 
can be monitored by radiotelemetry. Individual reintroduced grizzly 
bears would be monitored to determine their movements and how they use 
their habitat, and to keep the public informed of general bear 
locations and recovery efforts. Bears would be placed close enough to 
each other to create a ``colony'' or population of bears, providing a 
basis from which to expand in numbers.
    The Service will continue to ask private landowners and agency 
personnel in or around the BE to immediately report any grizzly bear 
observations to the Service or other authorized agencies. An extensive 
information and education program will be employed to discourage the 
taking of grizzly bears by the public. Public cooperation will be 
encouraged to ensure close monitoring of the grizzly bears and quick 
resolution of any conflicts that might arise. Specific information on 
grizzly bear reintroduction procedures can be found in Appendix 6, 
``Scientific Techniques for the Reintroduction of Grizzly Bears,'' in 
the draft Bitterroot Grizzly Bear Recovery EIS (U.S. Fish and Wildlife 
Service 1997).

Status of Reintroduced Populations

    In accordance with section 10(j) of the Act, the Service proposes 
to designate this reintroduced population of grizzly bears as 
nonessential experimental. Such designation would allow these grizzly 
bears to be treated as a species proposed for listing for the purposes 
of section 7 of the Act. This allows the Service to establish a less 
restrictive special rule rather than using the general prohibitions 
which might otherwise apply to threatened species. The biological 
status of the grizzly and the need for management flexibility resulted 
in the Service proposing to designate the grizzly bears reintroduced 
into east-central Idaho as ``nonessential.'' This designation, together 
with other protective measures, will contribute to the conservation and 
recovery of the grizzly bear in east-central Idaho and western Montana.
    The Service finds that protective measures and management practices 
under this proposed rulemaking are necessary and advisable for the 
conservation and recovery of the grizzly and that no additional Federal 
regulations are required. The Service also finds that the nonessential 
experimental status is appropriate for grizzly bears taken from wild 
populations and released into the BE of east-central Idaho. The 
nonessential status for such grizzlies allows for additional management 
flexibility. Formal section 7 consultation would not be required for 
any proposed Forest Service activity in the BE as a result of the 
experimental reintroduction of bears, and the requirements of section 
7(a)(2) would not apply. Presently, there are no conflicts envisioned 
with any current or anticipated management actions of the U.S. Forest 
Service or other Federal agencies in the area. The national forests are 
beneficial to the reintroduction effort in that they form a natural 
buffer to private properties and are typically managed in a manner 
compatible for grizzly bears and other wildlife. The Service finds that 
the more informal section 7(a)(4) conferencing requirements associated 
with the nonessential designation do not pose a threat to the recovery 
effort and continued existence of the grizzly bear.
    Most of the reintroduction area is remote and sparsely inhabited 
wild lands. However, there are some risks to grizzly recovery 
associated with take of grizzlies in regard to other land uses and 
various recreational activities. Potential threats are hunting, 
trapping, animal damage control activities, and high speed vehicular 
traffic. Hunting, trapping, and USDA Animal Damage Control programs are 
prohibited or strictly regulated by State and Federal law and policy. 
There are very few paved or unpaved roads in the proposed 
reintroduction area or immediately outside of it. The unpaved roads 
typically have low vehicle traffic, and are constructed for low speeds 
and used only seasonally. Thus, grizzlies should encounter vehicles and 
humans infrequently. In accordance with existing labeling, the use of 
toxicants lethal to grizzlies is prohibited. Overall, the possible 
risks and threats that could impact the success of the reintroduction 
effort are thought to be minimal.

Location of Experimental Population

    The proposed release site for reintroducing grizzly bears into 
east-central Idaho is on national forest land in the Selway-Bitterroot 
Wilderness Area. The Service would designate the Bitterroot Grizzly 
Bear Recovery Area (Recovery Area) (approximately 14,983 sq km; 5,785 
sq mi) to consist of the Selway-Bitterroot Wilderness and the Frank 
Church-River of No Return Wilderness. This is the area where grizzly 
bear recovery would be emphasized. The Bitterroot Grizzly Bear 
Experimental Population Area (Experimental Population Area), which 
includes most of east-central Idaho and part of western Montana, would 
be established by the Service under authority of section 10(j) of the 
Act. This

[[Page 35766]]

approximately 65,113 sq km (25,140 sq mi) area would include the area 
bounded by U.S. Highway 93 from Missoula, Montana, to Challis, Idaho; 
Idaho Highway 75 from Challis to Stanley, Idaho; Idaho Highway 21 from 
Stanley to Lowman, Idaho; Idaho Highway 17 from Lowman to Banks, Idaho; 
Idaho Highway 55 from Banks to New Meadows, Idaho; U.S. Highway 95 from 
New Meadows to Coeur d'Alene, Idaho; and Interstate 90 from Coeur 
d'Alene, Idaho, to Missoula, Montana. Much of the Experimental 
Population Area has high-quality bear habitat with low likelihood of 
conflicts between grizzly bears and humans.

Management

    The special rule would authorize a 15-member Citizen Management 
Committee (Committee) to be appointed by the Secretary in consultation 
with the Governors of Idaho and Montana, and the Nez Perce tribe. This 
Committee would implement the Bitterroot recovery chapter in the 
Grizzly Bear Recovery Plan and would be authorized management 
implementation responsibility by the Secretary, for the Bitterroot 
grizzly bear nonessential experimental population. All decisions of the 
Committee must lead to recovery of the grizzly bear in the BE. The 
Committee must consult with scientists to ensure that scientific 
information is considered in its decision making. The members would 
serve 6-year terms, although appointments may initially be of lesser 
terms to ensure staggered replacement. The members would consist of 
seven individuals appointed by the Secretary based on the 
recommendations of the governor of Idaho, five members appointed by the 
Secretary based on the recommendations of the Governor of Montana, one 
member appointed by the Secretary based on the recommendation of the 
Nez Perce Tribe, one member representing the U.S. Forest Service 
appointed by the Secretary of Agriculture or his/her designee, and one 
member representing the Service appointed by the Secretary or his/her 
designee. Among the members recommended by the Governors of Idaho and 
Montana would be a representative from each State fish and game agency. 
If either Governor fails to make recommendations, the Secretary (or 
his/her designee) will accept recommendations from interested parties 
on the Governor's behalf. The Secretary would solicit recommendations 
from the Nez Perce Tribe and would appoint one member from the Nez 
Perce Tribe. The Committee is to consist of a cross-section of 
interests reflecting a balance of viewpoints, be selected for their 
diversity of knowledge and experience in natural resource issues, and 
for their commitment to collaborative decision making. The Committee is 
to be selected from communities within and adjacent to the recovery and 
experimental population areas.
    The Bitterroot Chapter of the Grizzly Bear Recovery Plan contains a 
recovery goal for the Bitterroot area. The Committee could recommend a 
revised recovery goal, based on scientific advice, once sufficient 
information is available. Any revised recovery goals developed by the 
Committee would require public review appropriate for revision of a 
recovery plan. The recovery goal for the Bitterroot grizzly bear 
population would be consistent with the habitat available within the 
recovery area and the best scientific and commercial data available. 
Grizzly bears outside the recovery area and within the experimental 
population area would contribute to meeting the recovery goal if there 
were reasonable certainty for their long-term occupancy in such 
habitats outside the recovery area. The Committee would develop a 
process for obtaining the best biological, social, and economic data, 
which would include an explicit mechanism for peer-reviewed, scientific 
articles to be submitted to and considered by the Committee, as well as 
periodic public meetings (not less than every 2 years) in which 
qualified scientists could submit comments to and be questioned by the 
Committee. Using the best scientific evidence available, and standards 
and criteria developed by the agencies and the Committee, the Committee 
would determine if the bear reintroduction was successful after a 
minimum period of 10 years. If, based on these criteria and 
recommendations by the Committee, the Secretary after consultation with 
the Committee, the States of Idaho and Montana, the Idaho Department of 
Fish and Game, the Montana Department of Fish, Wildlife, and Parks, and 
the Nez Perce Tribe, concludes the reintroduction has failed, the 
experimental reintroduction would be terminated.
    The Secretary would review the plans and efforts of the Committee. 
If the Secretary determines, through his/her representative(s) on the 
Committee, that the decisions of the Committee, the management plans, 
or the implementation of those plans are not leading to the recovery of 
the grizzly bear within the experimental population area, the 
Secretary's representative on the Committee will solicit from the 
Committee a determination whether the decision, the plan, or 
implementation of components of the plan are leading to recovery. 
Notwithstanding a determination by the Committee that a decision, plan, 
or implementation of a plan are leading to recovery of the grizzly bear 
within the experimental population area, the Secretary, who necessarily 
retains final responsibility and authority for implementation of the 
Act, may find that the decision, plan, or implementation of a plan are 
inadequate for recovery and may resume management responsibility. In 
such case the Committee would be disbanded and all requirements 
identified in this rule regarding the Committee would be automatically 
nullified. Otherwise, the Committee would continue until the recovery 
objectives have been met and the Secretary completed delisting of the 
Bitterroot population.
    Public opinion surveys, public comments on grizzly bear management 
planning, and the positions taken by elected officials indicate that 
grizzly bears should not be reintroduced without assurances that 
current uses of public and private lands will not be disrupted by 
grizzly bear recovery activities. The recovery of grizzly bears would 
be emphasized in the Recovery Area, but bears moving outside the 
recovery area would be accommodated through management provisions in 
the special rule and through the management plans and policies 
developed by the Committee, unless potential conflicts were significant 
and could not be corrected.
    Grizzly bear management would allow for resource extraction 
activities to continue without formal section 7 consultation under 
section 7(a)(2) of the Act. All section 9 ``takings'' provisions under 
the Act for the nonessential experimental population of grizzly bears 
in the Bitterroot ecosystem are included in this special rule. The 
Committee would be responsible for recommending changes in land-use 
standards and guidelines as necessary for grizzly bear management. 
People could continue to kill grizzly bears in self-defense or in 
defense of others, with the requirement that such taking be reported 
within 24 hours to appropriate authorities. Following the issuance of a 
permit by the Service, a person would be allowed to harass a grizzly 
bear attacking livestock (cattle, sheep, horses, and mules) or bees. A 
livestock owner may be issued a permit to kill a grizzly bear killing 
or pursuing livestock on private lands if the response protocol 
established by the Committee has been satisfied and it has not been 
possible to capture the bear or deter depredations through agency 
efforts. If there were

[[Page 35767]]

significant conflicts between grizzly bears and livestock within the 
experimental population area, these could be resolved in favor of 
livestock by capture or elimination of the bear depending on the 
circumstances. There would be no Federal compensation program, but 
compensation from existing private funding sources would be encouraged. 
Animal control toxicants lethal to bears are currently not used on 
public lands within the recovery and experimental population areas. The 
Service anticipates that ongoing animal damage control activities would 
not be affected by grizzly bear recovery. Any conflicts or mortalities 
associated with these activities would result in review by the 
Committee and any necessary changes would be recommended by the 
Committee.
    The Idaho Department of Fish and Game, Montana Department of Fish, 
Wildlife, and Parks, and the U.S. Forest Service, in consultation with 
the Service and the Nez Perce Tribe, would exercise day-to-day 
management responsibility within the experimental population area while 
implementing the Grizzly Bear Recovery Plan Chapter for the BE, and the 
special rules, policies, and plans of the Committee.
    The experimental population area currently does not support any 
grizzly bears. It is also unlikely that grizzlies from northwestern 
Montana have arrived in central Idaho. No evidence of grizzly bears 
exists in the BE. Thus, the Service has determined that the east-
central Idaho reintroduction area is consistent with provisions of 
section 10(j) of the Act; specifically, that experimental grizzly bears 
must be geographically separate from other nonexperimental populations. 
Grizzlies dispersing into areas outside of the experimental population 
area would receive all the protections of a threatened species under 
the Act.
    Although the Service has determined that there is no existing 
grizzly bear population in the recovery area that would preclude 
reintroduction and establishment of an experimental population in 
Idaho, the Service will continue to monitor for the presence of any 
grizzly bears naturally occurring in the area. Prior to any 
reintroduction, the Service would evaluate the status of any grizzlies 
found in the experimental population area.
    Once this special rule is in effect and grizzly bears have been 
released into the recovery area, any grizzly bears found within the 
experimental area, including any bears that move in from outside the 
experimental area, will be classified as part of the experimental 
population. The special rule would remain in effect unless the 
Secretary determines that the actions of the Committee are not 
resulting in recovery of the grizzly bear in the BE, in which case the 
Secretary will resume lead management implementation responsibility for 
the BE experimental grizzly bear population. The Secretary's decision 
will be based on the best scientific and commercial data available. 
Prior to resumption of lead management implementation responsibility, 
the Secretary will provide the Committee with recommended corrective 
actions and a 6-month time frame in which to accomplish those actions.
    The Committee could review existing grizzly bear standards and 
guidelines utilized by the U.S. Forest Service and other agencies and 
landowners. They will be deemed adequate pending review by the 
Committee, and the Committee may recommend changes to the U.S. Forest 
Service and other agencies and landowners. Existing laws and 
regulations governing land management activities will promote grizzly 
bear recovery. The Committee's annual reviews of grizzly bear 
mortalities will be the primary mechanism to assess the adequacy of 
existing management techniques and standards.
    The Committee will also be expected to develop grizzly bear 
guidance for proper camping and sanitation within the experimental 
population area. Existing grizzly bear camping and sanitation 
procedures developed in other ecosystems containing grizzly bears will 
serve as a basis for such guidelines.
    The Committee also will be asked to develop specific guidance for 
responses to grizzly/human encounters, livestock depredations, damage 
to lawfully present property, and other grizzly/human conflicts within 
the experimental population area. If there are significant conflicts 
between grizzly bears and livestock within the experimental area, these 
could be resolved in favor of the livestock by capture or elimination 
of the bear depending on the circumstances. No restrictions on trail 
systems in front or backcountry areas are anticipated, and policy 
changes on trail restrictions would be recommended by the Committee as 
necessary.
    The Committee will revise mortality limits, population 
determinations, and other criteria for recovery as appropriate. The 
Committee also will be tasked with developing strategies to emphasize 
recovery in the recovery area and to accommodate grizzly bears inside 
the experimental area. If grizzly bears range outside the recovery 
area, and if conflicts occur that are both significant and cannot be 
corrected as determined by the Committee, then the Committee will be 
expected to develop strategies to discourage grizzly bear occupancy in 
reoccurring trouble spots within the experimental population area. No 
changes in existing livestock allotments are anticipated. Unless the 
Committee determines otherwise, this special rule provides that private 
lands outside the national forest boundary in the Bitterroot Valley, 
Montana, comprise an area where any human/grizzly conflicts would be 
considered significant and not correctable. Grizzly bear occupancy will 
be discouraged in these areas outside the national forest boundary in 
the Bitterroot Valley, Montana, and grizzly bears will be captured and 
returned to the recovery area. The purpose of this is to ensure that 
grizzly bears do not move onto the private lands in the Bitterroot 
Valley, Montana, where human conflict potential would be high.
    The Committee will also be tasked with reviewing all human-caused 
mortalities during the first 5 years to determine whether new measures 
for avoiding future occurrences are required. For example, the 
Committee could work with the Fish and Game Departments in both Idaho 
and Montana to develop solutions to minimize conflicts between grizzly 
bears and black bear hunting, should such conflicts occur.
    The Committee will be asked to establish standards for determining 
whether or not the experimental reintroduction has been successful. 
These standards will reflect the success or failure of the program and 
cannot be measured in less than 10 years. General examples for such 
standards for failure could include--no bears remaining in the 
experimental population area for no apparent reason; and the relocated 
bears exhibiting unsuccessful reproduction as evidenced by no cubs of 
the year or yearlings.
    All reintroduced grizzly bears designated as nonessential 
experimental will be removed from the wild and the experimental 
population status and regulations revoked if legal actions or lawsuits 
change their status to threatened or endangered under the Act.
    Based on the above information, and utilizing the best scientific 
and commercial data available (in accordance with 50 CFR 17.81), the 
Service finds that reintroducing grizzly bears into the BE will further 
the conservation and recovery of the species.

[[Page 35768]]

Public Comments Solicited

    The Service intends that any final rule resulting from this 
proposal be as accurate and effective as possible. Therefore, comments 
from the public, States, tribes, other concerned government agencies, 
the scientific community, industry, or any other party concerning this 
proposed rule are hereby solicited. Comments must be received within 90 
days of publication of this proposed rule in the Federal Register.
    Any final decision on this proposal will take into consideration 
the comments and any additional information received by the Service. 
Such communications may lead to a final rule that differs from this 
proposal.
    The Service also will hold public hearings to obtain additional 
verbal and written information. Hearings are proposed to be held in 
Boise, Orofino, and Salmon, Idaho; and Helena, Missoula, and Hamilton, 
Montana. The location, dates, and times of these hearings will be 
announced in the Federal Register at least 15 days prior to the first 
hearing, and in local newspapers.

National Environmental Policy Act

    A draft EIS under the National Environmental Policy Act is 
available to the public (see ADDRESSES). This proposed rule is an 
implementation of the proposed action and does not require revision of 
the EIS on grizzly bear recovery in the BE.

Required Determinations

    This proposed rule was not subject to review by the Office of 
Management and Budget under Executive Order 12866. Potential economic 
effects of this proposed rulemaking could occur in five areas--(1) 
effects on hunter harvest, (2) effects on livestock depredation, (3) 
effects on land use restrictions, (4) effects on visitor use, and (5) 
effects on existence values (U.S. Fish and Wildlife Service 1997). 
Because reintroduction of grizzly bears to the BE will not have any 
significant effect on huntable populations of ungulates in the BE, no 
economic impact related to hunter harvest is expected. Grizzly 
depredation on domestic livestock would likely be minimal during the 
estimated 50 years required to achieve full grizzly recovery in the BE. 
After recovery is achieved, depredation incidents involving livestock 
are expected to be between 4 and 7 cattle and between 0 and 44 sheep 
per year, with these losses spread over the entire BE area. Therefore, 
economic impacts due to livestock depredations are estimated at between 
$2,260 and $8,003 per year. No economic impacts due to land use 
restrictions are expected as a result of this proposed rule because 
current land management practices for recreational activities, timber 
harvest, and mineral extraction are compatible with grizzly bear 
recovery in the BE and this proposed rule does not recommend any 
changes to current management practices. Survey results show that while 
visitation to the BE by local residents would likely decrease as a 
result of grizzly reintroduction, visitation by regional and national 
residents would increase, balancing out the decline in local 
visitation. Therefore, no significant economic impact is expected as a 
result of changes in visitor use. Expected effects on existence values 
were derived through estimation of how much individuals would be 
willing to contribute to a fund to support (or oppose) grizzly 
reintroduction in the BE as described in this proposed rule. Using this 
method, the Service estimates that net social benefits, including 
existence values, as a result of this proposed rule would be very 
large, on the order of $40-$60 million per year. This large estimate 
reflects the large percentage of the U.S. population that supports 
grizzly recovery and the fact that the grizzly bear is an extremely 
high profile wildlife species. Based on the above discussion, the 
Service concludes that this proposed rulemaking will not result in any 
significant impact on the U.S. economy.
    The rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Also, no direct costs, enforcement costs, 
information collection, or record-keeping requirements are imposed on 
small entities by this action and the rule contains no record-keeping 
requirements, as detailed in the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). The Service has determined and certified pursuant 
to the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this proposed 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. The Service has 
further determined that these proposed regulations meet the applicable 
standards provided in Sections 3(a) and 3(b)(2) of Executive Order 
12988.

References Cited

Melquist, W. 1985. A preliminary survey to determine the status of 
grizzly bears (Ursus arctos horribilis) in the Clearwater National 
Forest of Idaho. Idaho Cooperative Fish and Wildlife Research Unit. 
University of Idaho, Moscow. 54 pp.
Moore, W.R. 1984. Last of the Bitterroot grizzly. Montana Magazine 
(November-December): 8-12.
Moore, W.R. 1996. The Lochsa story. Mountain Publishing Company, 
Missoula, Montana. 461 pp.
Servheen, C., A. Hamilton, R. Knight, B. McLellan. 1991. Report of 
the technical review team: Evaluation of the Bitterroot and North 
Cascades to sustain viable grizzly bear populations. Report to the 
Interagency Grizzly Bear Committee. U.S. Fish and Wildlife Service, 
Boise, Idaho. 9 pp.
U.S. Fish and Wildlife Service. 1982. Grizzly bear recovery plan. 
U.S. Fish and Wildlife Service, Denver, Colorado. 195 pp.
U.S. Fish and Wildlife Service. 1993. Grizzly bear recovery plan 
(revised). U.S. Fish and Wildlife Service, Missoula, Montana. 181 
pp.
U.S. Fish and Wildlife Service. 1996. Bitterroot Ecosystem Recovery 
Plan Chapter--Supplement to the Grizzly Bear Recovery Plan. U.S. 
Fish and Wildlife Service, Missoula, Montana. 27 pp.
U.S. Fish and Wildlife Service. 1997. Reintroduction of grizzly 
bears to the Bitterroot Ecosystem. Draft Environmental Impact 
Statement, Missoula, Montana.

    Author: The principal author of this proposed rule is Dr. 
Christopher Servheen (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, the U.S. Fish and Wildlife Service hereby proposes to 
amend Part 17, Subchapter B of Chapter I, Title 50 of the Code of 
Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. It is proposed that Sec. 17.11(h) be amended by revising the 
existing entry for the ``Bear, grizzly (=brown)'' under ``MAMMALS'' and 
adding a new entry under ``Bear, Grizzly (=brown)'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 35769]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                                Vertebrate                                                                
-----------------------------------------------------                      population where                                  Critical                   
                                                        Historic range       endangered or       Status     When listed      habitat      Special rules 
           Common name              Scientific name                           threatened                                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------
             MAMMALS                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Bear, Grizzly (=brown)..........  Ursus arctos        Holarctic.........  U.S.A.,             T            1, 2D, 9,--    NA             17.40(b)       
                                   horribilis.                             conterminous                                                                 
                                                                           (lower 48)                                                                   
                                                                           States, except                                                               
                                                                           where listed as                                                              
                                                                           an experimental                                                              
                                                                           population.                                                                  
Do..............................  do................  do................  U.S.A. (portions    XN           .............  NA             17.84( )       
                                                                           of ID and MT, see                                                            
                                                                           17.84(j)).                                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. It is proposed that Sec. 17.84 be amended by adding paragraph 
(k) to read as follows:


Sec. 17.84  Special rules--vertebrates.

* * * * *
    (k) Grizzly bear (Ursus arctos horribilis).
    (1) Definitions. The definitions set out in Sec. 17.3 apply to this 
paragraph (k). For purposes of this paragraph--
    (i) The term Bitterroot Grizzly Bear Experimental Population Area 
means that area delineated in paragraph (k)(9) of this section, which 
includes the Bitterroot Grizzly Bear Recovery Area, and within which 
management plans developed as part of the Citizen Management Committee 
described in paragraph (k)(12) of this section will be in effect. This 
area is within the historic range of the grizzly bear.
    (ii) The term Bitterroot Grizzly Bear Recovery Area (Recovery Area) 
means that area delineated in paragraph (k)(10) of this section within 
which a nonessential experimental population of grizzly bears is to be 
released. The Recovery Area is within the historic range of the 
species.
    (iii) The term Bitterroot Valley means those private lands lying 
within the Bitterroot Experimental Population Area outside the 
Bitterroot National Forest boundary south of U.S. Highway 12 to Lost 
Trail Pass.
    (iv) The term Citizen Management Committee means that Committee 
delineated in paragraph (k)(12) of this section.
    (v) The term take means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct. For purposes of this special rule, except for persons 
engaged in hunting or shooting activities, any person may take grizzly 
bears in the area defined in paragraph (k)(9) of this section, provided 
that such take is incidental to, and not the purpose of, an otherwise 
lawful activity, including activities conducted in accordance with 
plans of the Committee, and provided that such taking shall be reported 
within 24 hours to appropriate authorities as listed in paragraph 
(k)(5) of this section. Persons lawfully engaged in hunting or shooting 
activities must correctly identify their target before shooting in 
order to avoid illegally shooting a grizzly bear. The act of taking a 
grizzly bear that is wrongly identified as another species may be 
referred to appropriate authorities for prosecution.
    (2) The grizzly bears to be reintroduced pursuant to this special 
rule will be nonessential experimental and release of grizzly bears 
pursuant to this special rule will further the conservation of the 
species.
    (3) No person may take this species in the Experimental Area, 
except as provided in paragraphs (k)(1)(v), (4), (5), and (6) of this 
section.
    (4) Any person with a valid permit issued by the U.S. Fish and 
Wildlife Service or by the appropriate State or Tribal agency pursuant 
to a subpermit issued by the U.S. Fish and Wildlife Service under 
Sec. 17.32 may take grizzly bears in the Experimental Area for 
scientific purposes, the enhancement of propagation or survival of the 
species, zoological exhibition, and other conservation purposes. Such 
permits must be consistent with the Act, with management plans adopted 
for this population and with applicable State fish and wildlife 
conservation laws and regulations.
    (5)(i) Persons may take grizzly bears found in the area defined in 
paragraph (k)(9) of this section in defense of that person's own life 
or the lives of other persons. Such taking shall be reported within 24 
hours as to date, exact location, and circumstances to the U.S. Fish 
and Wildlife Service, Grizzly Bear Recovery Coordinator, University 
Hall, Room 309, University of Montana, Missoula, Montana 59812 (406-
243-4903), or U.S. Fish and Wildlife Service, Assistant Regional 
Director for Law Enforcement, 911 NE 11th Avenue, Portland, Oregon 
97232-4181 (503-231-6125), or U.S. Fish and Wildlife Service, Assistant 
Regional Director for Law Enforcement, P.O. Box 25486, DFC, Denver, 
Colorado 80225 (303-236-7540), and either the Idaho Department of Fish 
and Game, P.O. Box 25, Boise Idaho 83707 (208-334-3700), or the Montana 
Department of Fish, Wildlife and Parks, 1420 E. Sixth Avenue, Helena, 
Montana 59620 (406-444-2535), and Nez Perce Tribal authorities (as 
appropriate).
    (ii) Any livestock owner may be issued a permit by the U.S. Fish 
and Wildlife Service, the Idaho Department of Fish and Game, or the 
Montana Department of Fish, Wildlife and Parks and appropriate Tribal 
authorities to harass grizzly bears found in the area defined in 
paragraph (k)(9) of this section that are actually harming or killing 
livestock, provided that all such harassment is by methods that are not 
lethal or physically injurious to the grizzly bear and such harassment 
is reported within 24 hours as to date, exact location, and 
circumstances to the U.S. Fish and Wildlife Service, Grizzly Bear 
Recovery Coordinator, University Hall, Room 309, University of Montana, 
Missoula, Montana 59812 (406-243-4903), or U.S. Fish and Wildlife 
Service, Assistant Regional Director for Law Enforcement, 911 NE 11th 
Avenue, Portland, Oregon 97232-4181 (503-231-6125), or U.S. Fish and 
Wildlife Service, Assistant Regional Director for Law Enforcement, P.O. 
Box 25486, DFC, Denver, Colorado 80225 (303-236-7540) and either the 
Idaho Department of Fish and Game, P.O. Box 25, Boise, Idaho 83707 
(208-334-3700), or the Montana Department of Fish, Wildlife and Parks, 
1420 E. Sixth Avenue, Helena, Montana 59620 (406-444-2535), and the Nez 
Perce Tribal authorities (as appropriate).
    (iii) Any livestock owner may be issued a permit by the U.S. Fish 
and

[[Page 35770]]

Wildlife Service, the Idaho Department of Fish and Game, or the Montana 
Department of Fish, Wildlife and Parks to take grizzly bears on private 
lands found in the area defined in paragraph (k)(9) of this section to 
protect livestock actually pursued or being killed on private property, 
after any response protocol established by the Committee has been 
satisfied and efforts to capture depredating grizzly bears by U.S. Fish 
and Wildlife Service or State or Tribal wildlife agency personnel have 
proven unsuccessful, provided that all such taking shall be reported as 
to date, exact location, and circumstances within 24 hours to the U.S. 
Fish and Wildlife Service, Grizzly Bear Recovery Coordinator, 
University Hall, Room 309, University of Montana, Missoula, Montana 
59812 (406-243-4903), or U.S. Fish and Wildlife Service, Assistant 
Regional Director for Law Enforcement, 911 NE 11th Avenue, Portland, 
Oregon 97232-4181 (503-231-6125), or U.S. Fish and Wildlife Service, 
Assistant Regional Director for Law Enforcement, P.O. Box 25486, DFC, 
Denver, Colorado 80225 (303-236-7540) and either the Idaho Department 
of Fish and Game, P.O. Box 25, Boise Idaho 83707 (208-334-3700), or the 
Montana Department of Fish, Wildlife and Parks, 1420 E. Sixth Avenue, 
Helena, Montana 59620 (406-444-2535), and the Nez Perce Tribal 
authorities (as appropriate).
    (6) Any authorized employee or agent of the U.S. Fish and Wildlife 
Service or appropriate State wildlife agency or Nez Perce Tribe who is 
lawfully designated for such purposes, when acting in the course of 
official duties, may take a grizzly bear from the wild in the 
Experimental Areas if such action is necessary to:
    (i) Aid a sick, injured, or orphaned grizzly bear;
    (ii) Dispose of a dead grizzly bear, or salvage a dead grizzly bear 
that may be useful for scientific study;
    (iii) Take a grizzly bear that constitutes a demonstrable but 
nonimmediate threat to human safety or that is responsible for 
depredations to lawfully present domestic animals or other personal 
property, if it has not been possible to otherwise eliminate such 
depredation or loss of personal property and after it has been 
demonstrated that it has not been possible to eliminate such threat by 
live capturing and releasing the grizzly bear unharmed in the area 
defined in paragraph (k)(10) of this section or other areas approved by 
the Committee;
    (iv) Move a grizzly bear for genetic purposes;
    (v) Relocate a grizzly bear to avoid conflict with human 
activities;
    (vi) Relocate grizzly bears within the Experimental Area to improve 
grizzly bear survival and recovery prospects.
    (7) No person except those authorized under paragraphs (k)(4) (5) 
and (6) of this section shall possess, sell, deliver, carry, transport, 
ship, import, or export by any means whatsoever any grizzly bear or 
part thereof from the Experimental Population Area taken in violation 
of these regulations or in violation of applicable State fish and 
wildlife laws or regulations or the Endangered Species Act.
    (8) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed any offense defined in 
paragraphs (k) (3) and (7) of this section.
    (9) Bitterroot Grizzly Bear Experimental Population Area. The 
boundaries of the Bitterroot Grizzly Bear Experimental Population Area 
are delineated by U.S. 93 from Missoula, Montana, to Challis, Idaho; 
Idaho 75 from Challis to Stanley, Idaho; Idaho 21 from Stanley to 
Lowman, Idaho; State Highway 17 from Lowman to Banks, Idaho; Idaho 55 
from Banks to New Meadows, Idaho; U.S. 95 from New Meadows to Coeur 
d'Alene, Idaho; and Interstate 90 from Coeur d'Alene to Missoula, 
Montana. Grizzly bears within both the Recovery Area as defined in 
(k)(10) of this section and within the Experimental Area will be 
accommodated through management provisions provided for in this rule 
and through the management plans and policies developed by the 
Committee. All grizzly bears found in the wild within the boundaries of 
this paragraph (k)(9) of this section after the first releases will be 
considered nonessential experimental animals. In the conterminous 
United States, a grizzly bear that is outside the experimental area (as 
defined in paragraph (k)(9) of this section) would be considered as 
threatened unless it is marked or otherwise known to be an experimental 
animal.
    (10) Bitterroot Grizzly Bear Recovery Area. The Bitterroot Grizzly 
Bear Recovery Area consists of the Selway-Bitterroot Wilderness and the 
Frank Church River of No Return Wilderness. All reintroductions will 
take place in the Selway-Bitterroot Wilderness unless the Committee 
determines that reintroduction in the Frank Church River of No Return 
Wilderness is appropriate. The term ``Bitterroot Grizzly Bear Recovery 
Area'' used here identifies the area of recovery emphasis.
    (11) Recovery Goal. The Bitterroot Chapter of the Grizzly Bear 
Recovery Plan identifies a tentative recovery goal. This recovery goal 
may be refined by the Committee as grizzly bears are reintroduced and 
occupy suitable habitats in the Experimental Area. When the final 
recovery goal is met, the Secretary of the Interior intends to publish 
a proposed rule for the delisting of the grizzly bear population within 
the Experimental Area in accordance with the requirements of the Act 
and its regulations.
    (12) Citizen Management Committee. This Committee shall be 
authorized management implementation responsibility by the Secretary of 
the Interior, in consultation with the governors of Idaho and Montana, 
for the Bitterroot grizzly bear experimental population. As soon as 
possible after the effective date of this rule, the Committee shall be 
organized by requesting nominations of citizen members by the governors 
of Idaho and Montana, the Nez Perce Tribe, and nomination of agency 
members by represented agencies.
    (i) The Committee shall be composed of 15 members serving 6-year 
terms. Appointments may initially be of lesser terms to ensure 
staggered replacement. Membership shall consist of seven individuals 
appointed by the Secretary of the Interior based upon the 
recommendations of the Governor of Idaho, five members appointed by the 
Secretary of the Interior based upon the recommendations of the 
Governor of Montana, one member representing the U.S. Forest Service 
appointed by the Secretary of Agriculture or his/her designee, and one 
member representing the U.S. Fish and Wildlife Service appointed by the 
Secretary of the Interior or his/her designee. Members recommended by 
the Governors of Idaho and Montana shall be based on the 
recommendations of the interested parties and shall include at least 
one representative each from the appropriate State fish and wildlife 
agencies. If either Governor fails to make recommendations, the 
Secretary (or his/her designee) shall accept recommendations from 
interested parties on the Governor's behalf. The Committee shall 
consist of a cross-section of interests reflecting a balance of 
viewpoints, be selected for their diversity of knowledge and experience 
in natural resource issues, and for their commitment to collaborative 
decision making. The Committee shall be selected from communities 
within and adjacent to the Recovery and Experimental areas. The 
Secretary of the Interior shall solicit recommendations from the Nez 
Perce Tribe and shall appoint one member. The Secretary of the Interior 
shall fill vacancies as they occur with the appropriate members

[[Page 35771]]

based on the recommendation of the appropriate Governor or the Nez 
Perce Tribe.
    (ii) The Committee will be authorized and tasked with:
    (A) Developing a process for obtaining the best biological, social, 
and economic data, which shall include an explicit mechanism for peer-
reviewed, scientific articles to be submitted to and considered by the 
Committee, as well as periodic public meetings (not less than every 2 
years) in which qualified scientists may submit comments to and be 
questioned by the Committee. The Committee will base its decisions upon 
the best scientific and commercial data available. All decisions of the 
Committee including components of its management plans must lead toward 
recovery of the grizzly bear and minimize social and economic impacts.
    (B) Soliciting technical advice and guidance from outside experts.
    (C) Implementing the Bitterroot chapter of the Grizzly Bear 
Recovery Plan. Develop management plans and policies, as necessary, for 
the management of grizzly bears in the Experimental Area. Such 
management plans and policies will be in accordance with applicable 
State and Federal laws. The Committee shall give full consideration to 
the comments and opinions of the U.S. Fish and Wildlife Service, Idaho 
Department of Fish and Game, and the Montana Department of Fish, 
Wildlife and Parks, and the Nez Perce Tribe.
    (D) Providing means by which the public may participate in, review, 
and comment on the decisions of the Committee. The Committee must 
thoroughly consider and respond to public input prior to its decisions.
    (E) Developing its internal processes, where appropriate, such as 
governance, decision making, quorum, officers, meeting schedules and 
location, public notice of meetings, minutes, etc. Given the large size 
of the Committee, an affirmative vote by a simple majority is 
sufficient to approve any Committee decisions.
    (F) Requesting staff support from Idaho Department of Fish and 
Game, Montana Department of Fish, Wildlife and Parks, the U.S. Fish and 
Wildlife Service, the U.S. Forest Service, other affected Federal 
agencies, and the Nez Perce Tribe, to perform administrative functions 
and reimburse Committee members for costs associated with meetings, 
travel, and incidentals.
    (G) Reviewing existing grizzly bear standards and guidelines 
utilized by the U.S. Forest Service and other agencies and landowners. 
Existing Forest Plan standards and guidelines, as amended, will be 
deemed adequate pending review by the Committee. The Committee reviews 
of grizzly bear mortalities will be the primary mechanism to assess the 
adequacy of existing management techniques and standards. If the 
Committee deems such standards and guidelines inadequate for recovery 
of grizzly bears, the Committee may recommend changes to the U.S. 
Forest Service and other agencies and landowners.
    (H) Developing grizzly bear guidance for proper camping and 
sanitation within the Experimental Area. Existing grizzly bear camping 
and sanitation procedures developed in other ecosystems with grizzly 
bears will serve as a basis for such guidelines.
    (I) Develop response protocol for responding to grizzly/human 
encounters, livestock depredations, damage to lawfully present 
property, and other grizzly/human conflicts within the Experimental 
Area. Any response protocol developed by the Committee will have to 
undergo public comment and be revised as appropriate based on comments 
received. Any conflicts or mortalities associated with these activities 
will result in review by the Committee to determine any recommendations 
that the Committee can make to help prevent future conflicts or 
mortalities. Policy changes on trail restrictions will be recommended 
by the Committee as necessary to appropriate wildlife and land 
management agencies.
    (J) Revising mortality limits, population determinations, and other 
criteria for recovery as appropriate.
    (K) Reviewing all human-caused mortalities during the first 5 years 
to determine whether new measures for avoiding future occurrences are 
required. If grizzly bear mortalities occur as a result of black bear 
hunting, the Committee will work with the Fish and Game Departments in 
both Idaho and Montana to develop solutions to minimize conflicts 
between grizzly bears and black bear hunting.
    (L) Developing strategies to emphasize recovery inside the recovery 
area and to accommodate grizzly bears inside the Experimental Area. 
Grizzly bears may range outside the Recovery Area because grizzly bear 
habitat exists throughout the Experimental Area. Where conflicts are 
both significant and cannot be corrected as determined by the 
Committee, including conflicts associated with livestock, the Committee 
will develop strategies to discourage grizzly bear occupancy in 
portions of the Experimental Area. Unless the Committee determines 
otherwise, this rule provides that private lands outside the national 
forest boundary in the Bitterroot Valley are an area where any human/
grizzly conflicts would be considered significant. Grizzly bear 
occupancy will be discouraged in these areas and grizzly bears will be 
captured and returned to the Recovery Area.
    (M) Establishing standards for determining whether or not the 
experimental reintroduction has been successful. It is recognized that 
absent extraordinary circumstances, these standards will reflect that 
the success or failure of the program cannot be measured in less than 
10 years. General guidelines for such standards include one or more of 
the following conditions:
    (1) If, within the number of years established by the Committee 
following initial reintroduction, no relocated grizzly bear remains 
within the Experimental Area and the reasons for emigration or 
mortality cannot be identified and/or remedied;
    (2) If, within the number of years established by the Committee 
following initial reintroduction, no cubs of the year or yearlings 
exist and the relocated bears are not showing signs of successful 
reproduction as evidenced by no cubs of the year or yearlings.
    (N) Develop procedures for the expeditious issuance of permits 
described in paragraph (k)(5)(iii) of this section.
    (O) Develop 2-year work plans for submittal to the Secretary of the 
Interior pursuant to paragraph (k)(14) of this section.
    (P) The Committee may recommend refined recovery goals for the 
Bitterroot Chapter of the Grizzly Bear Recovery Plan and a final 
recovery goal when sufficient information is available. Sufficient 
information is currently not available to develop a scientifically 
sound recovery goal. As this information becomes available, the 
Committee may recommend the recovery goal to the Secretary of the 
Interior and procedures for determining how this goal will be measured. 
The recovery goal for the Bitterroot grizzly bear population will be 
consistent with the habitat available within the Recovery Area and the 
best scientific and commercial data available. Any revised recovery 
goals developed by the Committee will require public review appropriate 
for the revision of a recovery plan. Bears outside the Recovery Area 
will contribute to meeting the recovery goal if there is reasonable 
certainty for their long-term occupancy in such habitats outside the 
Recovery Area.
    (13) The Idaho Department of Fish and Game and the Montana 
Department

[[Page 35772]]

of Fish, Wildlife and Parks, in consultation with the U.S. Fish and 
Wildlife Service and Nez Perce Tribe, will exercise day-to-day 
management responsibility within the Experimental Area in accordance 
with this rule, the Bitterroot Chapter in the Grizzly Bear Recovery 
Plan and the policies and plans described in (k)(12) of this section.
    (14) The Secretary of the Interior or his or her designee shall 
review 2-year work plans to be submitted by the Committee which outline 
the directions for the Bitterroot reintroduction effort. If the 
Secretary of the Interior determines, through his/her representative on 
the Committee that the decisions of the Committee, the management 
plans, or the implementation of those plans are not leading to the 
recovery of the grizzly bear within the Experimental Area, the 
Secretary of the Interior's representative on the Committee shall 
solicit from the Committee a determination whether the decision, the 
plan, or implementation of components of the plan are leading to 
recovery. Notwithstanding a determination by the Committee that a 
decision, plan, or implementation of a plan are leading to recovery of 
the grizzly bear within the Experimental Area, the Secretary of the 
Interior, who necessarily retains final responsibility and authority 
for implementation of the Endangered Species Act, may find that the 
decision, plan, or implementation of a plan are inadequate for recovery 
and may resume lead management responsibility. In the event that the 
Secretary of the Interior determines that the actions of the Committee 
are not leading to recovery of the Bitterroot grizzly bear population, 
then the Secretary of the Interior shall resume lead management 
implementation responsibility for the Bitterroot experimental grizzly 
bear population. The Secretary of the Interior's decision shall be 
based on the best scientific and commercial data available. Prior to 
such resumption of lead management implementation responsibility, the 
Secretary of the Interior shall provide the Committee with recommended 
corrective actions and a 6-month time frame in which to accomplish 
those actions. Should the Secretary resume lead management 
responsibility, the Committee would be disbanded and all requirements 
identified in this rule regarding the Committee would be automatically 
nullified. If the Secretary does not resume lead management 
responsibility, the Committee shall continue until the recovery 
objectives have been met and the Secretary of the Interior has 
completed delisting.
    (15) The reintroduced population will be monitored closely for the 
duration of the recovery process, generally by use of radio telemetry 
as appropriate.
    (16) The status of Bitterroot grizzly bear recovery will be 
reevaluated by the Committee and Secretary of the Interior at 5-year 
intervals. This review will take into account the reproductive success 
of the grizzly bears released, human-caused mortality, movement 
patterns of individual bears, food habits, and overall health of the 
population and will recommend changes and improvements in the recovery 
program.
    (17) Determination of an Unsuccessful Reintroduction Under 
Nonessential Experimental Designation by the Secretary of the Interior. 
If, based on any of the criteria established by the Committee, unless 
the Secretary of the Interior has resumed management under (k)(14) of 
this section, the Secretary of the Interior concludes, after 
consultation with the Committee, the States of Idaho and Montana, the 
Idaho Department of Fish and Game, the Montana Department of Fish, 
Wildlife and Parks, and the Nez Perce Tribe, that the reintroduction 
has failed to produce a self-sustaining population, this rule will not 
be utilized as authority to reintroduce additional grizzly bears. Any 
remaining bears will retain their experimental status. Prior to 
declaring the experimental reintroduction a failure, a full evaluation 
will be conducted by the U.S. Fish and Wildlife Service into the 
probable causes of the failure. If the causes can be determined, and 
legal and reasonable remedial measures identified and implemented, 
consideration will be given to continuing the relocation effort and the 
relocated population. If such reasonable measures cannot be identified 
and implemented, the results of the evaluation will be published in the 
Federal Register with a proposed rulemaking to terminate the authority 
for additional experimental reintroductions.

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    Dated: June 3, 1997.
William Leary,
Acting Deputy Assistant Secretary, Fish, Wildlife and Parks.
[FR Doc. 97-17136 Filed 7-1-97; 8:45 am]
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