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Pursuant to the Endangered Species Act of 1973 (ESA), this rule would revise the regulations at 50 CFR part 17, subpart H, to allow for designation of experimental populations of species prior to listing. Designating a population as "experimental" prior to listing provides regulatory predictability. Because experimental populations are treated as if they are a threatened species, this allows for customized protective regulations, thereby providing only necessary protections which can ease regulatory burden. Current regulations only allow ESA-listed species populations to be designated as experimental. As part of the revision, we will delete references to historical range to allow flexibility to establish an experimental population beyond the current or historical range, if the Service determines it is necessary for the conservation of the species. In addition, we would also make revisions to improve organization and clarity as well as to align our regulations with those of current National Marine Fisheries Service ESA section 10(j) regulations.