96-2638. Draft Policy Regarding Controlled Propagation of Species Listed Under the Endangered Species Act; Request for Public Comment  

  • [Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
    [Notices]
    [Pages 4716-4720]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-2638]
    
    
    
    
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    _______________________________________________________________________
    
    Part III
    
    Department of the Interior
    Fish and Wildlife Service
    
    Department of Commerce
    National Oceanic and Atmospheric Administration
    _______________________________________________________________________
    
    
    
    Draft Policy Regarding Controlled Propagation of Species Listed Under 
    the Endangered Species Act; Request for Public Comment; Notice
    
    Federal Register / Vol. 61, No. 26 / Wednesday, February 7, 1996 / 
    Notices
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    
    Draft Policy Regarding Controlled Propagation of Species Listed 
    Under the Endangered Species Act; Request for Public Comment
    
    AGENCIES: Fish and Wildlife Service, Interior; National Marine 
    Fisheries Service, NOAA, Commerce.
    
    ACTION: Draft policy; request for public comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Fish and Wildlife Service (FWS) and the National Marine 
    Fisheries Service (NMFS), referred to jointly as the ``Services'', 
    propose to issue policy that will address the role of controlled 
    propagation in the conservation and recovery of species listed as 
    endangered or threatened under the Endangered Species Act of 1973 (as 
    amended) (16 U.S.C. 1531 et seq.) (ESA). The proposed policy is 
    intended to assist the Services by providing guidance and establishing 
    consistency with respect to activities in which the controlled 
    propagation of a listed species may be implemented as a component of a 
    species' recovery strategy, ensuring smooth transitions between various 
    phases of species conservation efforts within both agencies, and 
    ensuring prudent and effective use of limited funding resources. The 
    proposed policy sanctions the controlled propagation of listed species 
    when recommended in an approved recovery plan and supported by an 
    approved genetics management plan. Controlled propagation may also be 
    approved by FWS's Regional Directors, or, in the case of the NMFS, by 
    the Assistant Administrator as necessary, to conduct recovery related 
    research, to maintain refugia populations, and to rescue species or 
    population segments at risk of imminent extinction or extirpation in 
    order to prevent the loss of essential genetic viability.
    
    DATES: Comments on this proposed policy must be received by April 8, 
    1996, in order to be considered in the final decision on this proposal.
    
    ADDRESSES: Comments and materials concerning this proposal should be 
    sent to the Chief, Division of Endangered Species, U.S. Fish and 
    Wildlife Service, 4401 North Fairfax Drive, Room 452, Arlington, 
    Virginia 22203 (telephone 703/358-2171). Comments and materials 
    received will be available for public inspection, by appointment, 
    during normal business hours in Room 452, 4401 North Fairfax Drive, 
    Arlington, Virginia 22203 (703/358-2105).
    
    FOR FURTHER INFORMATION CONTACT: LaVerne Smith, Chief, Division of 
    Endangered Species, U.S. Fish and Wildlife Service at the above address 
    (703/358-2171), or Russell Bellmer, Chief, Endangered Species Division, 
    National Marine Fisheries Service, 1335 East-West Highway, Silver 
    Spring, Maryland 20910 (telephone 301/713-2322).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
    seq.), specifically charges the Services with the responsibility for 
    identification, protection, management, and recovery of species of 
    plants and animals in danger of extinction. By implication, the ESA 
    also promotes the protection and conservation of the genetic resources 
    that these species represent and recognizes that the long-term 
    viability of species depends on maintaining genetic variability within 
    the biological species which is defined in the ESA as including ``any 
    subspecies of fish or wildlife or plants, and any distinct population 
    segment of any species of vertebrate fish or wildlife which interbreeds 
    when mature'' (section 3(16)). Though the ESA emphasizes the 
    restoration of listed species in their natural habitats, section 3(3) 
    of the ESA specifically recognizes propagation as a tool available to 
    the Services to meet their recovery responsibilities. To meet their 
    goals of restoring endangered and threatened animals and plants, the 
    Services are obligated to develop sound policies based on the best 
    available scientific and commercial information. To achieve this goal 
    the Services are soliciting review and comments from the public on the 
    Draft Interagency Cooperative Policy for Controlled Propagation of 
    Species Listed Under the Endangered Species Act of 1973 (as amended).
    
    Draft Policy Statement
    
    A. Purpose
    
        The purpose of this policy is: (1) To provide guidance and 
    establish consistency with respect to U.S. Fish and Wildlife Service 
    (FWS) and National Marine Fisheries Service (NMFS) activities in which 
    the controlled propagation of a listed species, as defined in section 
    3(16) of the Endangered Species Act, is implemented as a component of a 
    species' recovery strategy; (2) to ensure smooth transitions between 
    various phases of species conservation efforts (e.g., propagation, 
    introduction, and monitoring) within both agencies (hereafter referred 
    to as Services when addressed jointly); and (3) to ensure prudent use 
    of limited funding resources.
        The purposes of controlled propagation under this policy include:
    
    --Avoiding listed species, subspecies, or population extinction;
    --Providing, when feasible, unlisted animals or plants as surrogates 
    for recovery oriented scientific research including, but not restricted 
    to, developing propagation methods and technology, and other actions 
    which are expected to result in a net benefit to the listed species;
    --Maintaining genetic vigor, diversity, bloodlines, and an appropriate 
    mix of sexes and ages;
    --Maintaining refugia populations for nearly extinct animals or plants 
    on a temporary basis until threats to a listed species' habitat are 
    alleviated, or necessary habitat modifications are completed, or when 
    potentially catastrophic events occur (e.g., chemical spills, severe 
    storms, fires, etc.);
    --Providing individuals for establishment of new, self-sustaining 
    populations necessary for recovery of the listed species;
    --Supplementing or enhancing extant populations to facilitate recovery 
    of the listed species;
    --Holding offspring for a substantial portion of their development or 
    through a significant or critical life-stage which cannot be supported 
    in the wild.
    
    B. Scope
    
        This policy applies to all pertinent organizational elements of the 
    Services notwithstanding those differences in administrative procedures 
    and policies as noted. This policy pertains to all efforts funded, 
    authorized, or carried out by the Services that are conducted to 
    propagate threatened or endangered species by:
    
    --Establishing or maintaining refugia populations;
    --Producing individuals for research or technology development;
    --Producing individuals for the supplementation of extant populations; 
    and,
    --Producing individuals for reintroduction to historical habitat. 
    
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    C. Background
    
        The controlled propagation of animals and plants is recognized in 
    certain situations as an essential tool for the conservation and 
    recovery of listed species. The Services have used controlled 
    propagation to support the recovery of listed species and successfully 
    return them to suitable habitat. The NMFS, as lead Service for the 
    recovery of Pacific salmon, has developed an interim policy addressing 
    controlled propagation of these species. This policy was published in 
    the Federal Register on April 5, 1993 (58 FR 17573).
        Though controlled propagation has a supportive role in the recovery 
    of some listed species, the Endangered Species Act clearly states that 
    its intent is ``to provide a means whereby the ecosystems upon which 
    endangered species and threatened species depend may be conserved.'' 
    Therefore, the mandate of the Services is to recover wild populations 
    in situ whenever possible.
        The Services recognize that there are a number of genetic and 
    ecological risks which may be associated with the controlled 
    propagation and release of animals and plants. When considering 
    controlled propagation as a recovery option for a listed species, an 
    assessment of the potential benefits and risks must be undertaken and 
    reasonable alternatives requiring less intervention objectively 
    evaluated. If controlled propagation is to be used as a strategy in the 
    recovery of a listed species, it must be conducted in a manner that 
    will minimize risks to existing populations (if any), and preserve the 
    genetic and ecological distinctiveness of the listed species. However, 
    controlled propagation is not a substitute for addressing factors 
    responsible for an endangered or threatened species' decline.
        Controlled propagation can pose a number of genetic and ecological 
    risks to listed species. Specific risks which must be addressed in the 
    planning of controlled propagation programs include the following:
    
    --Removal of natural broodstock that may result in an increased risk of 
    extinction by reducing the abundance of wild individuals and reducing 
    genetic variability within naturally occurring populations;
    --Equipment failures, human error, disease, and other potential 
    catastrophic events that may cause the loss of some or all of the 
    population being held or maintained in captivity;
    --The potential for an increased level of inbreeding or other adverse 
    genetic effects within populations that may result from the enhancement 
    of only a portion of the gene pool;
    --Potential erosion of genetic differences between populations as a 
    result of mixed stock transfers or supplementation; and,
    --Exposure to novel selection regimes in controlled environments that 
    may diminish a listed species' natural capacity to survive and 
    reproduce in the wild.
    
        Potential genetic and ecological risks are also associated with 
    introductions of captively-reared individuals to naturally occurring 
    populations. Possible impacts may include:
    
    --Genetic introgression which may diminish local adaptations of the 
    naturally occurring population;
    --Increased predation, competition for food, space, mates, or other 
    factors which may displace naturally occurring individuals, or 
    interfere with foraging, migratory, reproductive, or other essential 
    behaviors; and,
    --Disease transfer.
    
        An additional risk specific to naturally occurring populations of 
    some listed species is incidental take through commercial and 
    recreational harvest. This is particularly true when listed species 
    occur with unlisted target species. It is therefore essential that 
    controlled propagation programs for listed species recovery be 
    coordinated in a manner that minimizes potentially adverse impacts to 
    existing wild populations of listed species, and that controlled 
    propagation programs be conducted by the Services in a manner that 
    avoids additional listing actions.
    
    D. Definitions
    
        The following definitions apply:
    Controlled Environment
        A controlled environment is one specifically manipulated by humans 
    for the purpose of producing or rearing progeny of the species in 
    question, and of a design intended to prevent unplanned escape or entry 
    of plants, animals, or reproductive products.
    Intercross and Intercross Progeny
        The term ``intercross'' is applicable to all crosses between 
    individuals of different species, subspecies, or populations. The 
    following description is excerpted from the Services' proposed Policy 
    on the Treatment of Intercrosses, Intercross Progeny to Include 
    Hybrids, and Proposed Definitions.
        The degree of genetic mixing possible from intercrosses spans a 
    broad continuum. At one extreme are cases in which a small number of 
    individuals of a species display evidence of introgression. Genetic 
    material originating from another entity may remain as evidence of long 
    past and/or infrequent matings with that other entity but may have 
    little or no effect on the morphology and behavior of the organism. At 
    the other extreme are individuals that exhibit morphology that is 
    intermediate between that of the parent types, nuclear DNA showing 
    strong affinities with both parent types, some degree of functional 
    sterility, and/or an inability to ``breed true.'' Somewhere along this 
    continuum there may be individuals that possess DNA from past 
    intercrosses but in most other ways are representative of a single 
    parental stock.
    Controlled Propagation
        The mating, transfer of gametes or embryos, development of 
    offspring, and grow-out of animals, if reproduction is sexual, or other 
    development of offspring, including grow-out if reproduction is 
    asexual, when intentionally confined or directly intended by human 
    intervention.
    
    --Propagation of plants by humans from seeds, spores, callus tissue, 
    divisions, cuttings or other plant tissue in a controlled environment 
    or when intentionally confined.
    --Defined in the context of this policy, controlled propagation refers 
    to the production of individuals, generally within a managed 
    environment for the purpose of future supplementation or augmentation 
    of an extant population(s), or reintroduction to the wild (with the 
    exception of the establishment of an experimental population, which is 
    excluded from this policy).
    
    Rescue/Salvage
        Refers to extreme conditions wherein a species or population 
    segment at risk of extinction is brought into a controlled environment 
    (e.g., refugia) on a temporary or permanent basis as dictated by the 
    situation.
    Recovery Priority System
        The system whereby the Services assign priorities to listed species 
    and to recovery tasks. Recovery priority is based on the degree of 
    threat, recovery potential, taxonomic distinctness, and presence of an 
    actual or imminent conflict between the species' conservation and 
    development or other economic activities. (48 FR 43098, Endangered and 
    Threatened Species Listing and Recovery Priority Guidelines, September 
    21, 1983.)
    
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    E. Policy
    
        This policy is intended to address primarily those activities 
    involving gamete transfer and subsequent development and grow-out of 
    offspring in laboratory, botanical facility, zoo, hatchery, aquaria, or 
    similarly controlled environments. This policy also encompasses 
    activities related to or preceding controlled propagation activities 
    such as:
    
    --Obtaining and rearing offspring for research;
    --Procuring broodstock for future controlled propagation and 
    supplementation efforts; or,
    --Holding offspring for a substantial portion of their development or 
    through a significant or critical life-stage which cannot be supported 
    in the wild.
    
        This policy is not intended to address temporary removal and 
    holding of individuals unless such actions intentionally involve 
    reproduction in the interim, or are the result of an action deemed 
    necessary to the survival of the listed species or a specific 
    population (such circumstances are addressed under rescue and/or 
    salvage). This policy is not intended to address short-term holding or 
    captive rearing of individuals obtained for later reintroduction, 
    supplementation, or translocation efforts when controlled propagation 
    does not take place or is not intended during the period of captive 
    maintenance. Actions involving cryopreservation or other preservation 
    of biological materials, if not intended for subsequent use in the 
    controlled propagation of listed species, are exempt from this policy.
        Among the goals of this policy common to both Services are 
    coordinating recovery actions specific to controlled propagation 
    activities; maximizing benefits to the listed species from controlled 
    propagation efforts; assuring that appropriate recovery measures other 
    than controlled propagation are fully considered and that other 
    existing recovery priorities within Service regions and nationwide are 
    considered in decisions concerning the implementation or conduct of 
    controlled propagation activities; and, ensuring prudent use of limited 
    funds.
        It is the policy of the Services that the controlled propagation of 
    threatened and endangered species:
        1. Will be used as a recovery strategy only when other measures 
    employed to maintain or improve a listed species' status in the wild 
    have failed, are determined to be likely to fail, are shown to be 
    ineffective in overcoming extant factors limiting recovery, or would be 
    insufficient to ensure/achieve full recovery. Every effort should be 
    made to accomplish conservation measures that enable a listed species 
    to recover in the wild, with or without intervention (e.g., 
    translocation), prior to implementing controlled propagation for 
    reintroduction or supplementation.
        Controlled propagation programs must be coordinated with 
    conservation actions and other recovery measures, as appropriate or 
    specified in recovery plans, that will contribute to, or otherwise 
    support, the provision of secure and suitable habitat. Specifically, 
    controlled propagation programs intended for reintroduction or 
    supplementation (as opposed to the support of research and technology 
    development) must be coordinated with habitat management, restoration, 
    and other species' recovery efforts. Controlled propagation programs 
    and habitat conservation actions will be reviewed by the appropriate 
    Service at least annually, to insure that the efforts of the parties 
    involved in the recovery of the listed species maintain adequate 
    integration and coordination.
        2. Will be based on the specific recommendations of recovery 
    strategies identified through approved recovery plans. The recovery 
    plan, in addressing controlled propagation, should clearly identify the 
    necessity and role of this activity as a recovery strategy; the lead 
    agency responsible for a particular controlled propagation effort 
    including the role of FWS or NMFS facilities, personnel, and resources, 
    or those of non-Service cooperators as appropriate (e.g., Center for 
    Plant Conservation (CPC), American Association of Zoological Parks and 
    Aquaria (AZA); and, the estimated cost and duration of controlled 
    propagation efforts.
        3. Will specifically consider the potential ecological and genetic 
    effects on wild populations of the removal of individuals for 
    controlled propagation purposes and the potential effects of such 
    introductions on the receiving population and other resident species 
    [risk assessment] (e.g., Endangered Species Act--section 7, Endangered 
    Species Act section 10, NEPA).
        4. Will be based on sound scientific principles to conserve genetic 
    variation and species integrity. Intercrossing will not be considered 
    for use in controlled propagation programs unless (1) recommended by an 
    approved recovery plan, (2) supported in an approved genetic management 
    plan (which may or may not be part of an approved recovery plan), (3) 
    implemented in a scientifically controlled and approved manner, and (4) 
    undertaken to compensate for a loss of genetic viability in listed taxa 
    that have been genetically isolated in the wild as a result of human 
    activity. Use of intercross individuals for species conservation will 
    require Director's/Assistant Administrator's approval.
        5. Will be preceded by the development of a genetics management 
    plan based on accepted scientific principles and procedures. This plan 
    will: Include all necessary consultations and permits; use or be 
    comparable to existing standards (e.g., AZA Species Survival Program 
    studbooks and protocols for animals, or CPC guidelines for plant 
    species); insure that the genetic makeup of propagated individuals is 
    similar to that of free-ranging populations and that propagated 
    individuals are behaviorally and physiologically suitable for release 
    \1\ and, specifically address the issue of disposal of individuals 
    found to be:
        (a) Unfit for introduction to the wild
        (b) Unfit to serve as broodstock
        (c) Surplus to the needs of research; \2\ or
        (d) surplus to the recovery needs for the species (e.g., to 
    preclude genetic and ecological swamping); \3\
    Programs involving the controlled propagation of individuals of listed 
    species for research purposes and not intended for reintroduction to 
    the wild are exempt from the requirement to develop a genetics 
    management plan. Examples of exempt actions include research involving 
    the determination of germination rates in plants and spawning success 
    rates in fishes and mussels.
        6. Will be conducted in a manner that minimizes potential 
    introduction or spread of diseases and parasites into controlled or 
    suitable habitat.
        7. Will be conducted in a manner that will prevent the escape or 
    introduction of captive stock outside their historic range.
        8. Will, when feasible, be conducted at more than one location in 
    order to reduce the potential for catastrophic loss at a single 
    facility.
        9. Will be coordinated as appropriate with organizations and 
    investigators both within and outside the Services. The Services will 
    cooperate with other Federal, State, Tribal, and local governments.
        10. Will be conducted in a manner consistent with meeting the 
    information needs of the Services and other institutions including AZA 
    Species Survival Program and the International Union for the 
    Conservation of Nature's International Species Information System as 
    appropriate. In the case of listed species for which traditional 
    studbooks or registrations are not 
    
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    practical, records of eggs and larvae, or other life-stages will be 
    maintained. Plant propagation programs and recordkeeping will be 
    coordinated as appropriate with the CPC.
        11. Will, with limited exceptions, be implemented only after a 
    commitment to funding is secured following approval of final recovery 
    plans and genetics management plans.
        12. Will, prior to releases of propagated individuals, require 
    development of a controlled propagation/reintroduction plan. This 
    document may be produced separately or in combination with a recovery 
    plan. However, the specific elements of the controlled propagation/
    reintroduction plan must be clearly identifiable. Controlled 
    propagation/reintroduction plans will identify measurable objectives 
    and milestones for the proposed propagation/reintroduction effort. The 
    controlled propagation/reintroduction plan should be based on 
    strategies identified in the approved recovery plan, and it is strongly 
    recommended that it include protocols for health management, disease-
    free certification, monitoring and evaluation of genetic, demographic, 
    life-history, phenotypic, and behavioral characteristics, data 
    collection, recordkeeping, and reporting. On implementation of 
    controlled propagation, annual evaluations must be made to assess 
    project objectives, evaluate progress, and consider new scientific 
    information and the status of any ongoing habitat conservation efforts. 
    This annual evaluation will be provided to the Director/Assistant 
    Administrator by the Regional Director with lead recovery 
    responsibility.
        13. Will be conducted in accordance with the regulations 
    implementing the Endangered Species Act, Marine Mammal Protection Act, 
    Animal Welfare Act, Lacey Act, Fish and Wildlife Act of 1956, and 
    Departmental and Service procedures relative to the National 
    Environmental Policy Act.
    
    F. Exceptions
    
        Few exceptions to the above policy guidelines will be considered 
    and will require specific Regional Director/Assistant Administrator's 
    approval. The following circumstances have been anticipated and are 
    considered potential exceptions to the general policy guidelines.
        1. In those instances where a listed species has an ephemeral 
    reproductive stage or very short (1-2 year) life span that necessitates 
    controlled propagation for the listed species' maintenance in refugia 
    or for purposes of required research, exceptions may be granted by the 
    Regional Director/Assistant Administrator.
        2. In the absence of an approved recovery plan, and only in cases 
    of a defensible immediate need, information or recommendations 
    contained in recovery outlines or draft recovery plans may be used to 
    identify controlled propagation as a necessary recovery measure for 
    listed species in critical peril. Under such circumstances initiation 
    of controlled propagation activities will require Regional Director's/
    Assistant Administrator's approval.
        3. Programs in which candidate or proposed species are being held 
    in refugia, used for research, or under controlled propagation and 
    which are subsequently listed, are granted temporary exception to the 
    requirements of this policy and activities may be continued at their 
    present level unless directed otherwise by the Regional Director/
    Assistant Administrator. No change in program activities will be made 
    without approval of the Regional Director/Assistant Administrator and 
    until such time as the requirements of this policy are met. Conformance 
    to this policy for candidate and proposed species which become listed 
    subsequent to the implementation of this policy is required within 12 
    months following listing.
        4. Any additional exceptions for unforeseen circumstances which are 
    not specifically addressed by this policy will require the approval of 
    the Director/Assistant Administrator.
    
    G. Cooperators
    
        The Services recognize the need for partnerships with other Federal 
    agencies, States, Tribes, local governments, and private entities in 
    the recovery of listed species. In this regard the Services will seek 
    to develop partnerships with qualified cooperators for the purpose of 
    propagating listed, proposed, and candidate species (as authorized 
    under Sections 6 and 2(a)(5) of the Endangered Species Act). Guidance 
    for this activity is as follows:
        1. The Regional Directors/Assistant Administrator will explore 
    opportunities for accomplishing controlled propagation and any 
    associated research tasks with other Federal cooperators, FWS/NMFS 
    facilities, State agencies, Tribes, zoological parks, aquaria, 
    botanical gardens, academia, and other qualified parties. Cooperators 
    will be selected on the basis of scientific merits, technical 
    capability, willingness to adhere to the Services' policies, guidance, 
    and protocols, and cost-effectiveness (e.g., willingness of non-agency 
    cooperators to assume or share costs). State and private cooperators 
    will be required to submit, either independently or in concert with the 
    appropriate lead agency (FWS or NMFS), a genetics management plan for 
    new species propagation efforts (as specified in E-5). Likewise, a 
    controlled propagation/reintroduction plan will also be required of 
    cooperators as and when appropriate (as specified in E-12).
        2. The Regional Director/Assistant Administrator of the appropriate 
    listed species lead agency will be responsible for assigning staff to 
    oversee programs conducted by all cooperators to ensure adherence to 
    necessary protocols and permit conditions and to coordinate annual 
    reporting requirements.
        3. The listed species' lead Region will be responsible for funding 
    maintenance in refugia, controlled propagation research, and controlled 
    propagation/reintroduction efforts unless this responsibility is 
    assumed by a cooperating facility.
        4. The Regional Director/Assistant Administrator will be 
    responsible for ensuring Cooperator's compliance with this policy.
    
    H. Responsibilities
    
        This policy shall be implemented in accordance with the following 
    guidelines:
        1. Regional Directors/Assistant Administrator are responsible for 
    recovery of listed species for which they have lead. Recovery actions 
    for which Regional Directors/Assistant Administrator have authority 
    include establishment of refugia, initiation of necessary research or 
    technology development, and implementation of controlled propagation 
    programs and/or propagation research for listed species. When 
    determining species priority for inclusion in controlled propagation 
    programs, considerations should include the following:
        (a) Whether or not a listed species' recovery plan outline, draft 
    recovery plan, or final recovery plan, identifies controlled 
    propagation as an appropriate recovery strategy and what priority this 
    task is assigned within the overall recovery strategy.
        (b) The potential a species' overall recovery program, including 
    controlled propagation, has to enhance the conservation of other listed 
    or candidate species.
        (c) The availability and willingness of non-agency cooperators to 
    assume the lead or to contribute to recovery activities including cost 
    sharing.
        (d) Exceptions to the general guidance of this policy may be made 
    if a critically 
    
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    diminished listed species is threatened by imminent extinction or 
    population extirpation due to temporary or uncontrollable causes, and 
    therefore, in the Regional Director's/Assistant Administrator's 
    judgment, warrants partial or total removal from the wild for purposes 
    of rescue/salvage, the establishment of refugia, initiation of 
    research, or controlled propagation.
        2. In the event that the current recovery plan fails to identify 
    the establishment of refugia, initiation of propagation research, or 
    controlled propagation as recovery tasks, the recovery plan will be 
    updated or revised as appropriate. Recovery plans in preparation will 
    be amended to reflect the changed status of the listed species and 
    provide justifications as necessary.
        3. Within 6 months of the effective date of this policy, the 
    responsible Services' Regional Directors/Assistant Administrator will 
    identify all listed species for which they have the lead recovery 
    responsibility that are: (1) Being held in refugia; (2) involved in 
    pre-propagation research; (3) undergoing controlled propagation; and, 
    (4) if so, at what level and for what recovery purposes (e.g., 
    augmentation of extant populations, establishment of new populations). 
    The status of each species with regard to conformity with this policy 
    will also be reported to the appropriate Regional and Washington D.C. 
    offices.
        4. Continuation of those programs not in conformity 12 months 
    following implementation of this policy, shall require Director's/
    Assistant Administrator's concurrence. The Regional Director shall 
    provide his/her recommendation to the Service Director/Assistant 
    Administrator.
    
    I. Annual Reporting Requirements
    
        Annual reports will be prepared by the responsible Regional 
    authority and submitted to the Director/Assistant Administrator not 
    later than October 31. Reports will contain the following information 
    for each species being maintained in refugia, in pre-propagation 
    research, and under propagation:
    
    --Recovery priority number;
    --Policy criteria that are not met (if any);
    --A description of the controlled propagation program, including the 
    objectives and status;
    --List of cooperators;
    --Expenditures for the past fiscal year; and,
    --Prospects for and obstacles to achieving research, controlled 
    propagation, or reintroduction objectives.
    
        Both FWS and NMFS agree to exchange programmatic information 
    regarding controlled propagation of species of mutual interest on 
    request, and that access to such information will include but not be 
    limited to, budgetary information if required.
    
    J. Authorities
    
        Endangered Species Act of 1973, as amended; Marine Mammal 
    Protection Act of 1972, as amended; Animal Welfare Act; Lacey Act; Fish 
    and Wildlife Act of 1956; and National Environmental Policy Act.
    
    K. Supersessions
    
        All previously issued documents regarding this subject shall be 
    revised, as necessary, to be consistent with this policy.
    
    Footnotes:
    
        (1) Determination of biological ``suitability'' may include, but 
    should not necessarily be limited to, analysis of geomorphological 
    similarities of habitat, genetic similarity, phenotypic 
    characteristics, stock histories, habitat use, and other ecological, 
    biological, and behavioral indicators.
        (2) Protocols should identify disposition of individuals that 
    die during holding, research, or propagation. Specimens can be 
    valuable sources of tissue for genetic research. Disposition of 
    remains in biological collections should also be considered.
        (3) The Services recognize that reproduction among organisms 
    maintained in a controlled environment may occur under a variety of 
    circumstances that may not be necessarily predictable or desirable. 
    Reproduction of individuals under such circumstances may not be 
    desirable and culling or disposal of surplus offspring or seeds may 
    be necessary. Therefore, controlled propagation activities should 
    not be initiated without the inclusion of these provisions, the 
    securing of required take permits, and other authorizations as 
    necessary.
    
    Public Comments Solicited
    
        The Services intend that any final decision on this draft policy on 
    controlled propagation of listed species be as accurate and as 
    effective as possible and that it take advantage of information and 
    recommendations from all interested parties. Therefore, comments and 
    suggestions from the public, other concerned governmental agencies, the 
    scientific community, industry, or any other interested party 
    concerning this draft policy are hereby solicited.
        The final decision on this draft policy will take into 
    consideration the comments and any additional information received by 
    the Services, and such communications may lead to a decision that 
    differs from this draft. The Services' decision will be published for 
    public information.
    
        Author/Editor: The editors of this draft policy are David 
    Harrelson of the Fish and Wildlife Service's Division of Endangered 
    Species, Mail Stop 452 ARLSQ, 1849 C Street, NW, Washington, DC 
    20240 (703/358-2171), and Marta Nammack of the National Marine 
    Fisheries Service's Protected Species Management Division, 1335 
    East-West Highway, Silver Spring, Maryland 20910 (301/713-2322).
    
        Authority: The authority for this proposed action is the 
    Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)
    
        Dated: February 1, 1996.
    John G. Rogers,
    Acting Director, Fish and Wildlife Service.
    
        Dated: February 1, 1996.
    Nancy Foster,
    Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    [FR Doc. 96-2638 Filed 2-6-96; 8:45 am]
    BILLING CODE 4310-55-P
    
    

Document Information

Published:
02/07/1996
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Notice
Action:
Draft policy; request for public comments.
Document Number:
96-2638
Dates:
Comments on this proposed policy must be received by April 8, 1996, in order to be considered in the final decision on this proposal.
Pages:
4716-4720 (5 pages)
PDF File:
96-2638.pdf