• A 10(j) experimental population is a special designation for a group of plants or animals that are restored in an area that is geographically isolated from other populations of the listed species. “10(j)” refers to the portion of the Endangered Species Act where the provision is found.
   
• Congress specifically added the provision for experimental populations under section 10(j) of the Endangered Species Act to address landowner concerns that reintroduction of threatened or endangered species may result in restrictions on the use of private, Tribal, or public land. See a 10(j) fact sheet for more information. 
  

• A 10(j) experimental population designation gives wildlife and land managers and local communities additional options for managing grizzly bears than would otherwise be available. Additional management tools provided by the designation for grizzly bears in the North Cascades include further options for deterrence, relocation, or removal of animals involved in conflict (see table below for more detailed information.)
  
• The added flexibility provided by the designation reduces the potential for grizzly bear restoration to restrict other land uses and resource development activities. 

Grizzly bears in the nonessential experimental population (NEP, see below for a map), will be managed under the associated 10(j) rule. In contrast, grizzly bears elsewhere in the lower 48 states, where they are listed as a threatened species, are managed under the existing 4(d) rule.

Some of the most notable differences in the 10(j) rule from the 4(d) rule include:

• A significantly reduced regulatory workload related to Endangered Species Act consultation for federal agencies such as the U.S. Forest Service.
• The ability for the U.S. Fish & Wildlife Service to issue lethal take authorizations to private individuals under certain circumstances in response to a human-bear conflict.
• Enhanced ability for the U.S. Fish & Wildlife Service or an authorized agency to relocate grizzly bears as a preemptive action to prevent a conflict that appears imminent or in an attempt to prevent habituation of bears.  
• See below for more detail

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• The final 10(j) rule from the U.S. Fish & Wildlife Service (USFWS) divides the nonessential experimental population (NEP) into three management areas, each with primary management priorities. It excludes part of northeastern Washington from the experimental designation based on movement data from grizzly bears that have dispersed from the Selkirk ecosystem, where they are listed as threatened.  
  
• The NEP is divided into three Management Areas:
   
  • Management Area A covers federal lands in the vicinity of the North Cascades Ecosystem (NCE) Recovery Zone. It includes the Mt. Baker-Snoqualmie National Forest (NF), Okanogan-Wenatchee NF, and Colville NF north of Interstate 90 and west of Washington State Route 97, as well as the North Cascades National Park Service (NPS) Complex. The primary purpose of management actions in Area A will be to restore grizzly bears in federal lands in the NCE Recovery Zone. State and private lands within the NCE Recovery Zone will be part of Area C.
  • Management Area B includes the Mt. Baker-Snoqualmie NF and Okanogan-Wenatchee NF south of Interstate 90, Gifford Pinchot NF, and Mt Rainier National Park. It also includes the Colville NF and Okanogan-Wenatchee NF lands east of Washington State Route 97 within the experimental population boundary. Management Area B is meant to accommodate natural movement or dispersal by grizzly bears. 
  • Management Area C is comprised of all other lands outside Management Areas and B within the experimental population boundary, and outside the area excluded near the Selkirk Ecosystem Recovery Zone. Management Area C represents areas that may be incompatible with grizzly bear presence due to a lack of suitable habitat, land ownership, and/or potential for bears to become involved in conflicts and resultant bear mortality. 

Below is a partial list of actions that are permitted under the 10(j) rule, depending on location. See the text of the final rule  for information and full detail.

Note that “take” as defined under the Endangered Species Act means to "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct."

• Under the 10(j) rule, the U.S. Forest Service and other federal agencies will not be required to complete Endangered Species Act consultations regarding grizzly bear, even if the proposed Federal action may affect grizzly bears of the experimental population, unless the actions occur on a National Wildlife Refuge or National Park Service land.
  
  However, Federal agencies including the U.S. Forest Service are still required to confer with the Service for any agency action that is likely to jeopardize the continued existence of the listed species.

• Additionally, under the 10(j) rule, the take of grizzly bears resulting from U.S. Forest Service actions on National Forest System lands in Management Area A that is incidental to otherwise lawful activity is allowed, as long as the U.S. Forest Service maintains its “no-net-loss-of-core” approach and implements food storage requirements.

The North Cascades grizzly bear population is  designated as a “nonessential experimental population” under the rule. All experimental populations are classified as ‘‘nonessential’’ unless FWS determines that the loss of the experimental population would be likely to appreciably reduce the likelihood of the survival of the species in the wild. 

The Service anticipates leaving this experimental population designation in place until all grizzly bears have been delisted due to recovery, regardless of whether the boundaries of the listed entity change. 

However, if grizzly bears of the experimental population experience unexpectedly high natural mortality, if donor bears are not available, or if we conclude that we and our partners have insufficient funding for an extended period to support management of the experimental population, we may consider ending the releases and removing the designation. This would be done only after coordination with partners and a new public process where we would evaluate the designation before making any decisions to exit the restoration program and remove or revise the 10(j) rule as appropriate. 

There were multiple opportunities for the public to be involved in the process. Discussion of a possible experimental designation arose during a previous EIS process evaluating options for restoring grizzly bears to the North Cascades. Between May and July 2018, the Service held more than 30 meetings with representatives from 49 agencies and organizations for receiving feedback on the management framework and the zoned management approach.

In the recent EIS process, many meetings also took place with community organizations, representatives of industry groups, Tribes, and local governments. A 45-day public comment period on a proposed 10(j) rule began on September 29, 2023. The public was invited to provide input on the proposed rule and management measures in it.  Four in-person meetings around the ecosystem and one virtual public meeting took place during this period. More than 12,000 comments were received on the proposed rule.

• 10(j) experimental population designations have been an important tool in conserving species across the country, including the black-footed ferret, bull trout, California condor, whooping crane, and wood bison.  
• Specific examples of other 10(j) designations in the greater Pacific Northwest include:
  • Bull trout in the Clackamas River
  • Oregon silverspot butterflies
  • Condors in northern California