[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]




[[Page 4715]]

_______________________________________________________________________

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  

[[Page 4716]]


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. 

[[Page 4717]]


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.)

[[Page 4718]]


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 

[[Page 4719]]
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 

[[Page 4720]]
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