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DOC/NOAA RIN: 0648-BE43 Publication ID: Spring 2016 
Title: Endangered and Threatened Species: Regulations for the Designation of Experimental Populations Under the Endangered Species Act 
Abstract:

This action by the National Marine Fisheries Service (NMFS) would implement section 10(j) of the Endangered Species Act (ESA) regarding experimental populations. The regulations are modeled on the Fish and Wildlife Services existing section 10(j) regulations and do not include any significant differences from those existing regulations. An experimental population is a geographically described population that is isolated from other existing populations of the species and is introduced to promote recovery by reestablishing an endangered species in areas of its former range. Members of the experimental population are managed as threatened, allowing for more flexible regulations under the ESA than for endangered species. In addition, if the experimental population is determined to be "nonessential" to the survival of the species, for some activities the experimental population may be treated like a species that is not yet listed. These regulations would bring clarity and consistency to NMFS's interpretation and implementation of Section 10(j). The rule would clarify definitions and procedures for the establishment and/or designation of certain populations of species listed as endangered or threatened as experimental populations; the classification of such populations as essential or nonessential; and the promulgation of appropriate protective measures for such populations.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 222   
Legal Authority: 16 U.S.C. 1531 et seq.    16 U.S.C. 742 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/03/2015  80 FR 45924   
NPRM Comment Period End  10/02/2015 
Final Action  07/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Donna Wieting
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400