[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.81]

[Page 154-155]
 
                    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 H_Experimental Populations
 
Sec.  17.81  Listing.

    (a) The Secretary may designate as an experimental population a 
population of endangered or threatened species that has been or will be 
released into suitable natural habitat outside the species' current 
natural range (but within its probable historic range, absent a finding 
by the Director in the extreme case that the primary habitat of the 
species has been unsuitably and irreversibly altered or destroyed), 
subject to the further conditions specified in this section; provided, 
that all designations of experimental populations must proceed by 
regulation adopted in accordance with 5 U.S.C. 553 and the requirements 
of this subpart.
    (b) Before authorizing the release as an experimental population of 
any population (including eggs, propagules, or individuals) of an 
endangered or threatened species, and before authorizing any necessary 
transportation to conduct the release, the Secretary must find by 
regulation that such release will further the conservation of the 
species. In making such a finding

[[Page 155]]

the Secretary shall utilize the best scientific and commercial data 
available to consider:
    (1) Any possible adverse effects on extant populations of a species 
as a result of removal of individuals, eggs, or propagules for 
introduction elsewhere;
    (2) The likelihood that any such experimental population will become 
established and survive in the foreseeable future;
    (3) The relative effects that establishment of an experimental 
population will have on the recovery of the species; and
    (4) The extent to which the introduced population may be affected by 
existing or anticipated Federal or State actions or private activities 
within or adjacent to the experimental population area.

The Secretary may issue a permit under section 10(a)(1)(A) of the Act, 
if appropriate under the standards set out in subsections 10(d) and (j) 
of the Act, to allow acts necessary for the establishment and 
maintenance of an experimental population.
    (c) Any regulation promulgated under paragraph (a) of this section 
shall provide:
    (1) Appropriate means to identify the experimental population, 
including, but not limited to, its actual or proposed location, actual 
or anticipated migration, number of specimens released or to be 
released, and other criteria appropriate to identify the experimental 
population(s);
    (2) A finding, based solely on the best scientific and commercial 
data available, and the supporting factual basis, on whether the 
experimental population is, or is not, essential to the continued 
existence of the species in the wild;
    (3) Management restrictions, protective measures, or other special 
management concerns of that population, which may include but are not 
limited to, measures to isolate and/or contain the experimental 
population designated in the regulation from natural populations; and
    (4) A process for periodic review and evaluation of the success or 
failure of the release and the effect of the release on the conservation 
and recovery of the species.
    (d) The Fish and Wildlife Service shall consult with appropriate 
State fish and wildlife agencies, local governmental entities, affected 
Federal agencies, and affected private landowners in developing and 
implementing experimental population rules. When appropriate, a public 
meeting will be conducted with interested members of the public. Any 
regulation promulgated pursuant to this section shall, to the maximum 
extent practicable, represent an agreement between the Fish and Wildlife 
Service, the affected State and Federal agencies and persons holding any 
interest in land which may be affected by the establishment of an 
experimental population.
    (e) Any population of an endangered species or a threatened species 
determined by the Secretary to be an experimental population in 
accordance with this subpart shall be identified by special rule in 
Sec. Sec.  17.84-17.86 as appropriate and separately listed in Sec.  
17.11(h) (wildlife) or Sec.  17.12(h) (plants) as appropriate.
    (f) The Secretary may designate critical habitat as defined in 
section (3)(5)(A) of the Act for an essential experimental population as 
determined pursuant to paragraph (c)(2) of this section. Any designation 
of critical habitat for an essential experimental population will be 
made in accordance with section 4 of the Act. No designation of critical 
habitat will be made for nonessential populations. In those situations 
where a portion or all of an essential experimental population overlaps 
with a natural population of the species during certain periods of the 
year, no critical habitat shall be designated for the area of overlap 
unless implemented as a revision to critical habitat of the natural 
population for reasons unrelated to the overlap itself.