[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.41]

[Page 115-116]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR (CONTINUED)
 
PART 17_ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
 
                      Subpart D_Threatened Wildlife
 
Sec. 17.41  Special rules--birds.

    (a) Bald eagles (Haliaeetus leucocephalus) wherever listed as 
threatened under Sec. 17.11(h). All provisions of Sec. Sec. 17.31 and 
17.32 apply to any threatened bald eagle, with the following exceptions:
    (1) The Service will consider any permit that we issue for bald 
eagles under Sec. 21.22 (banding and marking permits) or part 22 of 
this chapter (permits for certain activities with bald or golden eagles) 
to satisfy all requirements of Sec. 17.31 and the permits we issue 
under Sec. 17.32.
    (2) The Service will not require a second permit under Sec. 17.32 
for any activity that is covered by a permit issued under Sec. 21.22 or 
part 22 of this chapter.
    (3) The Service will require a permit under Sec. 17.32 for any 
activity that is not covered by a permit issued under Sec. 21.22 or 
part 22 of this chapter.
    (b) Coastal California gnatcatcher (Polioptila californica 
californica). (1) Except as noted in paragraphs (b)(2) and (3) of this 
section, all prohibitions of Sec. 17.31(a) and (b) shall apply to the 
coastal California gnatcatcher.

[[Page 116]]

    (2) Incidental take of the coastal California gnatcatcher will not 
be considered a violation of section 9 of the Endangered Species Act of 
1973, as amended (Act), if it results from activities conducted pursuant 
to the State of California's Natural Community Conservation Planning Act 
of 1991 (NCCP), and in accordance with a NCCP plan for the protection of 
coastal sage scrub habitat, prepared consistent with the State's NCCP 
Conservation and Process Guidelines, provided that:
    (i) The NCCP plan has been prepared, approved, and implemented 
pursuant to California Fish and Game Code sections 2800-2840; and
    (ii) The Fish and Wildlife Service (Service) has issued written 
concurrence that the NCCP plan meets the standards set forth in 50 CFR 
17.32(b)(2). The Service shall issue its concurrence pursuant to the 
provisions of the Memorandum of Understanding (MOU), dated December 4, 
1991, between the California Department of Fish and Game and the Service 
regarding coastal sage scrub natural community conservation planning in 
southern California. (Copies of the State's NCCP Conservation and 
Process Guidelines and the MOU are available from the U.S. Fish and 
Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West, 
Carlsbad, CA 92008.) The Service shall monitor the implementation of the 
NCCP plan and may revoke its concurrence under this paragraph (b)(2)(ii) 
if the NCCP plan, as implemented, fails to adhere to the standards set 
forth in 50 CFR 17.32(b)(2).
    (3) During the period that a NCCP plan referred to in paragraph 
(b)(2) of this section is being prepared, incidental take of the coastal 
California gnatcatcher will not be a violation of section 9 of the Act 
if such take occurs within an area under the jurisdiction of a local 
government agency that is enrolled and actively engaged in the 
preparation of such a plan and such take results from activities 
conducted in accordance with the NCCP Conservation Guidelines and 
Process Guidelines.
    (4) The Service will monitor the implementation of the NCCP 
Conservation and Process Guidelines as a whole, and will conduct a 
review every 6 months to determine whether the guidelines, as 
implemented, are effective in progressing toward or meeting regional and 
subregional conservation objectives during the interim planning period. 
If the Service determines that the guidelines are not effecting adequate 
progress toward or meeting regional and subregional conservation 
objectives, the Service will consult with the California Department of 
Fish and Game pursuant to the MOU to seek appropriate modification of 
the guidelines or their application as defined therein. If appropriate 
modification of the guidelines or their application as defined therein 
does not occur, the Service may revoke the interim take provisions of 
this special rule on a subregional or subarea basis. The Service will 
publish the findings for revocation in the Federal Register and provide 
for a 30-day public comment period prior to the effective date for 
revoking the provisions of the special rule in a particular area. 
Revocation would result in the reinstatement of the take prohibitions 
set forth under 50 CFR 17.31(a) and (b) in the affected NCCP area.

[43 FR 6233, Feb. 14, 1978, as amended at 58 FR 65095, Dec. 10, 1993; 60 
FR 36010, July 12, 1995; 72 FR 37372, July 9, 2007; 73 FR 23970, May 1, 
2008]