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Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Proposed Rules 35

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Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Proposed Rules 35 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Proposed Rules 35 Code of Federal Regulations is proposed DEPARTMENT OF THE INTERIOR Auditorium, Flagstaff High School, 400 to be amended as follows. West Elm Street, Flagstaff, Arizona and Fish and Wildlife Service Kanab High School Auditorium, 59 East PART 207Ð[AMENDED] Red Shadow Lane, Kanab, Utah. 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 207 RIN 1018±AD62 Robert Mesta, U.S. Fish and Wildlife continues to read as follows: Service, Ecological Services, Ventura Authority: 40 Stat. 266; (33 U.S.C. 1). Endangered and Threatened Wildlife Field Office, 2493 Portola Road, Suite B, and Plants: Proposed Establishment of Ventura, California, 93003 (Telephone: 2. Section 207.440 is amended by a Nonessential Experimental 805/644±1766; Facsimile: 805/644± revising paragraph (u) as follows: Population of California Condors in 3958). Northern Arizona § 207.440 St. Marys Falls Canal and Locks, SUPPLEMENTARY INFORMATION: AGENCY: Fish and Wildlife Service, Michigan; use, administration and Background navigation. Interior. ACTION: Proposed rule. 1. Legislative. Section 10(j) of the * * * * * Endangered Species Act of 1973 (Act) (u) The locks will be opened and SUMMARY: The U.S. Fish and Wildlife enables the U.S. Fish and Wildlife closed to navigation each year as Service, in cooperation with the Arizona Service (Service) to designate certain provided in paragraphs (u) (1) and (2) of Game and Fish Department, and the populations of federally listed species this section except as may be authorized U.S. Bureau of Land Management, that are released into the wild as by the Division Engineer. Consideration proposes to reintroduce California ``experimental.'' The circumstances will be given to change in these dates in condors (Gymnogyps californianus) into under which this designation can be an emergency involving disaster to a northern Arizona. This reintroduction applied areÐ(1) The population is vessel or other extraordinary will achieve a primary recovery goal for geographically disjunct from this endangered species, establishment circumstances. nonexperimental populations of the of a second non-captive population, same species (e.g., the population is (1) Opening date. At least one lock spatially disjunct from the non-captive reintroduced outside the species' will be placed in operation for the population in southern California. This current range but within its historical passage of vessels on March 25. population is proposed to be designated range); and (2) the Service determines Thereafter, additional locks will be a nonessential experimental population the release will further the conservation placed in operation as traffic density in accordance with Section 10(j) of the of the species. This designation can demands. Endangered Species Act of 1973, as increase the Service's flexibility to (2) Closing date. The locks will be amended. Captive-reared condors will manage a reintroduced population, maintained in operation only for the be released in early 1996 (target date) because under section 10(j) an and additional releases will occur passage of down bound vessels experimental population is treated as a annually thereafter until a self- departing from a Lake Superior port threatened species regardless of its sustaining wild population is before midnight (2400 hours) of January designation elsewhere in its range and, established. The reintroduction will use 14, and of upbound vessels passing under section 4(d) of the Act, the tested release techniques developed in Service has greater discretion in Detour before midnight (2400 hours) of previous releases in southern California January 15. Vessel owners are requested developing management programs for and will be managed in accordance with threatened species than it has for to report in advance to the Engineer in the provisions of this special rule. The charge at Sault Ste. Marie, the name of endangered species. potential impacts associated with this Section 10(j) of the Act requires that vessel and time of departure from a Lake proposed rule were assessed in an when an experimental population is Superior port on January 14 before Environmental Assessment completed designated, a determination be made by midnight, and of vessels passing Detour in November 1995. This California the Service whether that population is on January 15 before midnight, which condor reintroduction does not conflict either ``essential'' or ``nonessential'' to may necessitate the continued operation with existing or anticipated Federal or the continued existence of the species, of a lock to permit passage of vessel. State agency actions or traditional land based on the best available information. * * * * * uses on public or private lands. Nonessential experimental populations Dated: December 21, 1995. DATES: Comments from all interested located outside National Wildlife Refuge John H. Zirschky, parties must be received by February 1, (NWR) or National Park Service (NPS) 1996. Public hearings will be held at Acting Assistant Secretary of the Army (Civil lands are treated, for the purposes of Works). Flagstaff High School on Tuesday, section 7 of the Act, as if they are January 23, 1996, from 6:00 to 8:00 pm [FR Doc. 95±31543 Filed 12±29±95; 8:45 am] proposed for listing. Thus, only two and Kanab High School on Thursday, provisions of section 7 would apply BILLING CODE 3710±92±M January 25, 1996, from 6:00 to 8:00 pm. outside NWR and NPS landsÐsection ADDRESSES: Comments and materials 7(a)(1), which requires all Federal concerning this proposal should be sent agencies to use their authorities to to State Supervisor, U.S. Fish and conserve listed species, and section Wildlife Service, Ecological Services, 7(a)(4), which requires Federal agencies Arizona State Office, 2321 W. Royal to informally confer with the Service on Palm Road, Suite 103, Phoenix, Arizona. actions that are likely to jeopardize the Comments and materials received will continued existence of a proposed be available for public inspection, by species. Section 7(a)(2) of the Act, appointment, during normal business which requires Federal agencies to hours at the above address. The public ensure that their activities are not likely hearings will be held at the Main to jeopardize the continued existence of 36 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Proposed Rules a listed species, would not apply except traditionally been placed in the Order Because of the long period of parental on NWR and NPS lands. Experimental Falconiformes, some contemporary care, it was formerly assumed that populations determined to be taxonomists believe that New World successful California condor pairs ``essential'' to the survival of the species vultures are more closely related to normally nested successfully every would remain subject to the storks (Ligon 1967, Rea 1983, Sibley and other year (Koford 1953). However, this consultation provisions of section 7 of Ahlquist 1990). pattern seems to vary, possibly the Act. Activities undertaken on The fossil record of the genus depending mostly on the time of year private lands are not affected by section Gymnogyps dates back about 100,000 that the nestling fledges. If a nestling 7 of the Act unless the activities are years to the Middle Pleistocene Epoch fledges relatively early (in late summer authorized, funded or carried out by a (Brodkorb 1964). Fossil records also or early fall), its parents may nest again Federal agency. reveal that the species once ranged over in the following year, but late fledging Individual animals that comprise a much of the southern United States, probably inhibits nesting in the designated experimental population south to Nuevo Leon, Mexico and east following year (Snyder and Snyder may be removed from an existing source to Florida (Brodkorb 1964), and two 1989). or donor population only after it has well preserved fossil bones were The only wild California condor (a been determined that such a removal is reported from a site in upstate New male) of known age bred successfully in not likely to jeopardize the continued York (Steadman and Miller 1987). There the wild in 1986 at the age of six years. existence of the species; the removal is evidence indicating that California Recent data collected from captive must be conducted under a permit condors nested in west Texas, Arizona, birds, however, demonstrates that issued in accordance with the and New Mexico during the late reproduction may occur, or at least be requirements of 50 CFR 17.22. Pleistocene. The disappearance of the attempted, at earlier ages. A four-year 2. Biological. The California Condor California condor from much of this old male was the youngest condor (Gymnogyps californianus) was listed as range occurred about 10,000±11,000 observed in courtship display, and the endangered on March 11, 1967, (32 FR years ago, coinciding with the late same bird subsequently bred 4001) in a final rule published by the Pleistocene extinction of the North successfully at the age of five years (M. Service. The Service designated critical American megafauna (Emslie 1987). Wallace, Los Angeles Zoo, in litt. 1993). habitat for the California condor on By the time European man arrived in California condors nest in various September 24, 1976, (41 FR 41914). western North America, California types of rock formations including Long recognized as a vanishing species condors occurred only in a narrow crevices, overhung ledges, potholes, and (Cooper 1890, Koford 1953, Wilbur Pacific coastal strip from British more rarely, in cavities of giant sequoia 1978), the California condor remains Columbia, Canada, to Baja California trees (Sequoia giganteus) (Snyder et al. one of the world's rarest and most Norte, Mexico (Koford 1953, Wilbur 1986). imperiled vertebrate species. 1978). California condors were observed California condors are opportunistic California condors are among the until the mid-1800s in the northern scavengers, feeding only on carcasses. largest flying birds in the world (U.
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