Endangered and Threatened Wildlife and Plants; Proposed Policy and Proposed Rule on the Treatment of Intercrosses and Intercross Progeny (the Issue of ``Hybridization''); Request for Public Comment

FederalRegulations

Ask Donna

How this section applies to your facts.

Federal Register › Vol. 61 › 61 FR 4710

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Part II

Department of the Interior

Fish and Wildlife Service

Department of Commerce

National Oceanic and Atmospheric Administration

_______________________________________________________________________

50 CFR Part 424

Proposed Policy on the Treatment of Intercrosses and Intercross Progeny

(the Issue of ``Hybridization''); Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 424

RIN 1018-AC54

Endangered and Threatened Wildlife and Plants; Proposed Policy

and Proposed Rule on the Treatment of Intercrosses and Intercross

Progeny (the Issue of ``Hybridization''); Request for Public Comment

AGENCIES: Fish and Wildlife Service, Interior; National Marine

Fisheries Service, NOAA, Commerce.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service and the National Marine

Fisheries Service (Services) propose a policy that will include, within

the scope of a listing for a specific taxon, ``hybrid'' individuals

that more closely resemble a parent belonging to a listed species than

they resemble individuals intermediate between their listed and

unlisted parents. The Services propose to add to their joint

regulations the terms ``intercross'' and ``intercross progeny'' and

indicate the inclusion of intercross individuals within the original

listing action for the parent entity.

The proposed policy is intended to allow the Services to aid in the

recovery of listed species by protecting and conserving intercross

progeny, eliminating intercross progeny if their presence interferes

with conservation efforts for a listed species, and fostering

intercrossing when this would preserve remaining genetic material of a

listed species

nal

listing action for the parent entity.

The proposed policy is intended to allow the Services to aid in the

recovery of listed species by protecting and conserving intercross

progeny, eliminating intercross progeny if their presence interferes

with conservation efforts for a listed species, and fostering

intercrossing when this would preserve remaining genetic material of a

listed species. The proposed policy would only sanction these actions

where recommended in an approved recovery plan, supported in an

approved genetics management plan (which may or may not be part of an

approved recovery plan), implemented in a scientifically controlled and

approved manner, and 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. Nothing in this regulation would

excuse compliance with section 10 of the Endangered Species Act.

DATES: Comments on this proposal 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, Mail Stop 452,

Arlington Square, U.S. Fish and Wildlife Service, Washington, D.C.

20240. 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.

FOR FURTHER INFORMATION CONTACT: Jamie Rappaport Clark, Chief, Division

of Endangered Species, at the above Washington, D.C. address, (703/358-

2106).

SUPPLEMENTARY INFORMATION:

Background

hington, D.C.

20240. 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.

FOR FURTHER INFORMATION CONTACT: Jamie Rappaport Clark, Chief, Division

of Endangered Species, at the above Washington, D.C. address, (703/358-

2106).

SUPPLEMENTARY INFORMATION:

Background

The Endangered Species Act (Act) of 1973, as amended (16 U.S.C.

1531 et seq.), requires the Services to identify, protect, manage, and

recover species of plants and animals in danger of extinction. To carry

out this responsibility, the Services are required to rely on the best

available scientific and commercial information and to develop sound

policies to use that information in conserving endangered and

threatened species and the ecosystems on which they depend. By

implication, the Act also promotes protection of the genetic resources

of those species.

Under the definition of ``species'' found in the Act, the Services

can apply the protections of the Act to any species or subspecies of

fish or wildlife or plants, or any distinct population segment of any

species of vertebrate fish or wildlife that meets the definition of

endangered or threatened. The Act does not attempt to define

``species'' in biological terms, and thus allows the term to be applied

according to the best current biological knowledge and understanding of

evolution, speciation, and genetics. While the Act does not

specifically address reproductive isolation, the inclusion of

subspecies and vertebrate population segments in its definition

indicated that isolation is not considered absolutely essential for

listing; however, it does not rule out using reproductive isolation as

a consideration for listing

biological knowledge and understanding of

evolution, speciation, and genetics. While the Act does not

specifically address reproductive isolation, the inclusion of

subspecies and vertebrate population segments in its definition

indicated that isolation is not considered absolutely essential for

listing; however, it does not rule out using reproductive isolation as

a consideration for listing. In the following discussion, the term

``species,'' unless qualified as indicating taxonomic species, is used

in the sense of the Act to include species, subspecies, and distinct

population segments of vertebrates within a taxonomic species.

Advances in scientific methodology have altered some traditional

concepts of taxonomic species and hybridization. Molecular genetic

studies (e.g., DNA analysis and protein electrophoresis) on both listed

and unlisted plants and animals indicate that matings and genetic

exchange between related taxonomic species may be more common events

than previously believed.

Examples of introgression (the transfer of genetic material from

one taxonomic species to another, and its spread among individuals of

the second species) are found throughout the plant and animal kingdoms.

In some cases, mating with other species and the resulting

introgression have apparently been facilitated by a decline in the

availability of conspecific mates. Given the low densities of many

populations of rare threatened and endangered species, such

introgression may be experienced by some listed species.

As a result of this information, the list of species that may

contain genetic material traceable to other entities is growing.

Consequently, questions have been raised as to how the Services can

best deal with individual organisms and entire entities that may

contain various levels of ``foreign'' genetic material.

Previous Service Position. The previous Fish and Wildlife Service

position, based upon interpretations in a series of opinions by the

U.S

to

replace previous positions held by the Services.

Intercross and Intercross Progeny Defined. Due to connotations

attached to the various terms that are in general use for matings

across taxonomic boundaries and for their products (e.g., cross,

hybrid, intergrade, and interbreed), the Services propose to use the

neutral term ``intercross'' for all crosses between individuals of

different

species (taxonomic species, subspecies, and distinct population

segments of vertebrates). (The use of the term ``intercross'' was

proposed by Dr. John C. Avise at the May 29-30, 1991, meeting of the

Captive Breeding Specialist Group, Species Survival Commission,

International Union for the Conservation of Nature and Natural

Resources.) The phrase ``intercross progeny'' will be used for

descendants of intercross events.

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.

The Services have identified threatened and endangered species that

appear to fall at various points along this continuum

nities 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.

The Services have identified threatened and endangered species that

appear to fall at various points along this continuum. Some listed

species have been found to contain individuals that appear to be

products of introgression; they appear to harbor mitochondrial DNA

resulting from introgression, yet there is no morphological or

behavioral evidence that introgression has occurred. An apparent

example of this condition is the eastern U.S. population of the gray

wolf. At the other extreme, the Services have recognized cases in which

mixing has reached a point where the species intended for conservation

under the Act no longer exists; remaining genetic material is

irretrievably mixed with that of another species (e.g., the Amistad

gambusia (Gambusia amistadensis), which was removed from the list of

endangered species in 1987).

While evidence such as similarities in mitochondrial DNA among

several entities generally supports findings of introgression, such

data may also be explained by alternate hypotheses. One hypothesis that

is particularly difficult to rule out involves the retention of common

genetic markers from common ancestral stock. Some techniques used to

examine mitochondrial DNA are based on comparisons of fragment lengths

of DNA obtained from mitochondria. Differences or similarities in

fragment lengths do not necessarily reflect differences or similarities

in the genetic codes contained in the fragments.

As molecular genetic methodology advances, it is anticipated that

evidence of low levels of introgression and genetic mixing will be

commonly found among a variety of organisms

omparisons of fragment lengths

of DNA obtained from mitochondria. Differences or similarities in

fragment lengths do not necessarily reflect differences or similarities

in the genetic codes contained in the fragments.

As molecular genetic methodology advances, it is anticipated that

evidence of low levels of introgression and genetic mixing will be

commonly found among a variety of organisms. In some cases, all

individuals of a species may be found to display low levels of

introgression, yet are able to ``breed true.'' The Services find no

compelling reason to abandon recovery efforts for recognized species

(those whose members morphologically, ecologically, and behaviorally

bear close resemblance to one another) due solely to evidence of low-

level present or past introgression, even if apparent introgression

appears to be geographically widespread.

Populations of plants and animals that are very small, or have gone

through a past episode of small population size, may have lost much of

their previous genetic variability. In extreme cases, which might be

exemplified by the mainland population of the Torrey pine (Pinus

torreyana) and the cheetah (Acinonyx jubatus), population genetic

analyses seem to indicate that there is little genetic variation in the

remaining population. When genetic variability falls to low levels a

species may suffer from a diminished capability to respond to

environmental changes and the increased potential for the adverse

effects of inbreeding depression (e.g., decreased fertility and/or

mating, reduced numbers and survival of offspring). These effects may

be catastrophic for a threatened or endangered species, and actions may

be necessary to increase genetic variability before the population

suffers an irreversible decline.

Proposed Policy for Intercross Progeny

es and the increased potential for the adverse

effects of inbreeding depression (e.g., decreased fertility and/or

mating, reduced numbers and survival of offspring). These effects may

be catastrophic for a threatened or endangered species, and actions may

be necessary to increase genetic variability before the population

suffers an irreversible decline.

Proposed Policy for Intercross Progeny. Where intercross progeny

are produced as a result of a cross between an individual of a listed

taxon and an individual of a taxon that is not listed, the Services

believe the responsibility to conserve endangered and threatened

species under the Act extends to those intercross progeny if (1) the

progeny share the traits that characterize the taxon of the listed

parent, and (2) the progeny more closely resemble the listed parent's

taxon than an entity intermediate between it and the other known or

suspected non-listed parental stock. The best biological information

available, including morphometric, ecological, behavioral, genetic,

phylogenetic, and/or biochemical data, can be used in this

determination.

This policy will not prohibit the Services from removing intercross

progeny from the wild if it is determined that those individuals must

be removed to enhance the survival or recovery of the listed species.

The action may be authorized under 50 CFR 17.22, 17.32, 17.62, or

17.72, or the protection of the Act may be removed by a special rule

adopted under section 4(d) of the Act for threatened species.

Intercrosses between subspecies of the same taxonomic species, or

between members of different vertebrate populations of the same

taxonomic species or subspecies, are a common, natural, and expected

occurrence in nature wherever ranges are adjacent or overlap. As with

other intercrosses, the Services will treat the resulting progeny as

members of the listed subspecies or population if they share the

characteristic traits of that entity

axonomic species, or

between members of different vertebrate populations of the same

taxonomic species or subspecies, are a common, natural, and expected

occurrence in nature wherever ranges are adjacent or overlap. As with

other intercrosses, the Services will treat the resulting progeny as

members of the listed subspecies or population if they share the

characteristic traits of that entity. This determination will be based

upon the best biological information available.

Species of Hybrid Origin. Some taxonomic species have originated

through the intercrossing of two or more other taxonomic species, but

have since become stable and self-sustaining biological units. This

process of speciation by hybridization is well documented among plants

and also is known among fishes, amphibians, and reptiles. Species that

are believed to be of hybrid origin would retain or maintain

eligibility for threatened or endangered status if they have developed

outside of confinement, are self-sustaining, naturally occurring

taxonomic species, and meet the criteria for threatened or endangered

species under the Act.

Intercross Progeny Produced in Captivity. Unnatural conditions of

confinement or confining environments resulting from human activities

may produce behavioral and other anomalies that lead to intercrosses

that rarely, if ever, occur under ``natural'' conditions. Resulting

intercross progeny are unlikely to benefit the conservation of their

listed parent's taxon, and the Services would not generally consider

such progeny to be members of a species protected under the Act.

However, this proposed policy would extend protection under the Act to

intercross progeny produced in captivity, with or without introduction

to the wild, where the action is (1) recommended by an approved

recovery plan, (2) supported in an approved genetics management plan

(which may or may not be part of an approved recovery plan), (3)

implemented in a scientifically controlled and approved manner, and

proposed policy would extend protection under the Act to

intercross progeny produced in captivity, with or without introduction

to the wild, where the action is (1) recommended by an approved

recovery plan, (2) supported in an approved genetics 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. Protection under the Act may apply to the individuals

while they are in confinement, after their release to the wild, or

during both periods.

Goals of the Proposed Policy. The primary goal of this proposed

policy is to provide the Services with the necessary flexibility to

deal with diverse intercross situations to allow for the protection and

conservation of intercross progeny at the level of taxonomic species,

subspecies, and vertebrate populations. A second goal is to give the

Services the ability to eliminate intercross progeny if their presence

interferes with conservation efforts for a listed species. Alternately,

it gives the Services the option to foster intercrossing where required

for conservation. Because an action that would eliminate or introduce

genetic material from or to a listed species must be an informed

decision by experts, the Services will adopt the strongest

administrative controls over such actions. Prior to implementing any

action to introduce genetic material, it must be (1) recommended in an

approved recovery plan, (2) supported in an approved genetics

management plan (which may or may not be part of an approved recovery

plan), and (3) 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. Further, it must be implemented in a

scientifically controlled and approved manner

mmended in an

approved recovery plan, (2) supported in an approved genetics

management plan (which may or may not be part of an approved recovery

plan), and (3) 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. Further, it must be implemented in a

scientifically controlled and approved manner.

This proposed rule and policy would provide several conservation

benefits to species currently listed as threatened or endangered.

First, it would remove the necessity for the Services to devote

substantial resources to studies to determine which listed species and

individuals are genetically ``pure.'' Such studies, if required, would

need to be extensive; it is not presently possible to accurately

predict which species and individuals have experienced introgression

and to what extent. Furthermore, even if such studies were to be

carried out, the interpretation of the resultant data might be

ambiguous considering the limits of current technology and incomplete

understanding of the mechanisms of speciation.

Second, this proposed policy would acknowledge the Services'

authority to conduct conservation programs for species that meet the

listing criteria of Section 4(a)(1) of the Act, even though limited

introgression may have taken place.

Third, where determined to be advantageous to recovery and where

addressed in an approved recovery plan, the proposed policy

acknowledges the Services' ability to use intercrossing to introduce

small amounts of new genetic material from a closely related entity

into a listed species that is genetically depauperate. The progeny of

such an intercross, if they share characteristic traits of the listed

species and more closely resemble it than an entity intermediate

between the parents, would be fully protected by the Act

nowledges the Services' ability to use intercrossing to introduce

small amounts of new genetic material from a closely related entity

into a listed species that is genetically depauperate. The progeny of

such an intercross, if they share characteristic traits of the listed

species and more closely resemble it than an entity intermediate

between the parents, would be fully protected by the Act. Such drastic

steps are expected to be taken only rarely, and it is not the intent of

this proposed policy to generally encourage the transfer of genetic

material from one species to another.

Fourth, by generally excluding (where neither recommended in an

approved recovery plan nor meeting the other tests set forth in this

proposed policy) captive-propagated intercross progeny from the

protection of the Act, the Services retain the ability to readily

remove from the wild any such organisms that have been released or have

escaped. Such releases or escapes may threaten existing or future

recovery efforts by introducing genetic material into a listed species

in the absence of a comprehensive evaluation of the likely impacts.

This proposed policy is not expected to affect current listing

policy, nor will it result in adding species to the list. Several

species suspected or known to be of hybrid origin (predominantly

plants) are currently on the endangered and threatened species list

(e.g., Arizona agave (Agave arizonica) and Mohr's Barbara's buttons

(Marshallia mohrii)), and protection under the Act of additional

species of this nature will be consistent with this proposed policy.

Such species have established themselves as self-sustaining,

genetically and morphologically, stable units that continue to be

recognized as taxonomic species by the scientific community. The

proposed policy would not affect the Services' existing treatment of

these and similar species

protection under the Act of additional

species of this nature will be consistent with this proposed policy.

Such species have established themselves as self-sustaining,

genetically and morphologically, stable units that continue to be

recognized as taxonomic species by the scientific community. The

proposed policy would not affect the Services' existing treatment of

these and similar species.

Except as noted in the preceding paragraph, this proposed policy

would not allow the protection of the Act to be extended to a

``classical hybrid,'' that is, an intermediate organism AB that has

received half its characteristics from an unlisted parent species A and

half from a listed parent species B. The offspring AB does not

sufficiently resemble B to warrant protection under the Act. However,

all intercross (including backcross) progeny that more closely resemble

B than they resemble AB would continue to be protected by the Act

(consistent with past practice). However, where produced under

conditions of captivity or confinement, such intercross progeny would

be protected if the intercross was recommended in an approved recovery

plan and satisfied other requirements set forth in this proposed

policy.

The intentional intercrossing of species under confinement and the

artificial transfer of genetic material from one taxonomic species into

another (i.e., transgenics) are large and growing endeavors. This

proposed policy would not include (would not protect) any individual

organism resulting from these activities when they are performed under

conditions that confine the progeny of the parents, even temporarily,

unless the action is recommended in an approved recovery plan and

satisfies other requirements set forth in this policy. The production

and commercialization of hybrid organisms for the pet trade, falconry,

horticulture, agriculture, and aquaculture or sport fishing purposes

will not otherwise be affected by this proposed policy

tions that confine the progeny of the parents, even temporarily,

unless the action is recommended in an approved recovery plan and

satisfies other requirements set forth in this policy. The production

and commercialization of hybrid organisms for the pet trade, falconry,

horticulture, agriculture, and aquaculture or sport fishing purposes

will not otherwise be affected by this proposed policy. Likewise,

organisms resulting from genetic engineering experiments that use

genetic material from listed species will not otherwise be covered by

this proposed policy (although endangered species permits may be

required to obtain the genetic material), unless such organisms are

produced for the purpose of recovery of the listed species in

accordance with an approved recovery plan. Private citizens or

organizations that possess plants or animals of such origin would not

normally be required to obtain additional Federal permits as a result

of this proposed policy.

This proposed policy is intended to assist the Services in

conserving endangered and threatened species and their unique genetic

complements even if all individuals of a listed species have small

amounts of genetic material from another species. However, this

proposed policy is not intended to provide general support for, or

preclude the establishment of, ``ecologically equivalent forms'' in

habitats formerly occupied by threatened or endangered species.

Ecologically equivalent forms are taxonomic species, subspecies, or

populations that are used as replacements for extirpated or extinct

species in order to maintain an apparently stable and complete plant

and animal community.

Juvenile specimens of intercrosses of a listed species and an

unlisted species may be indistinguishable from the unlisted species

using traditional field procedures. In such a case, it would be

impossible under field conditions to properly classify the juvenile

stage of a possible intercross. For this reason, all

rder to maintain an apparently stable and complete plant

and animal community.

Juvenile specimens of intercrosses of a listed species and an

unlisted species may be indistinguishable from the unlisted species

using traditional field procedures. In such a case, it would be

impossible under field conditions to properly classify the juvenile

stage of a possible intercross. For this reason, all

individuals that resemble a protected species should be protected until

they have reached a life stage at which they can be distinguished from

the listed species. The law enforcement implications of this policy are

that because of similarity of appearance, taking of these individuals

would be prohibited since they cannot be readily distinguished in the

field from a listed species.

Public Comments Solicited

The Services intend that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited.

Regulatory Flexibility Act and Executive Order 12866

The Department of the Interior has determined that the proposed

revisions to part 424 will not constitute a significant rule under

Executive Order 12866 and certify that these changes will not have a

significant economic effect on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Based on

the information discussed in this proposed rule, it is not expected

that significant economic impacts would result. Also, no direct costs,

enforcement costs, information collection, or record keeping

requirements are imposed on small entities by this proposed rule.

Further, the proposed rule contains no information collection or

record-keeping requirements as defined by the Paperwork Reduction Act

of 1995.

National Environmental Policy Act of 1969 (NEPA)

ed

that significant economic impacts would result. Also, no direct costs,

enforcement costs, information collection, or record keeping

requirements are imposed on small entities by this proposed rule.

Further, the proposed rule contains no information collection or

record-keeping requirements as defined by the Paperwork Reduction Act

of 1995.

National Environmental Policy Act of 1969 (NEPA)

The Services believe that this action may be categorically excluded

under the Services' NEPA procedures. (See 516 DM 2 Appendix I

Categorical Exclusion 1.10.) After further review, the Services will

decide whether an Environmental Assessment must be prepared.

Editors: The editors of this proposal are William Kramer of the

Fish and Wildlife Service's Division of Endangered Species, 452

ARLSQ, Washington, D.C. 20240 (703/358-2106); and Marta Nammack,

Endangered Species Division, National Marine Fisheries Service, 1315

East-West Highway, Silver Spring, Maryland 20910 (301/713-2322).

List of Subjects in 50 CFR Part 424

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Services hereby propose to amend part 424,

subchapter A of chapter IV, title 50 of the Code of Federal

Regulations, as set forth below:

PART 424--[AMENDED]

1. The authority citation for part 424 continues to read as

follows:

Authority: Pub. L. 93-205, 87 Stat. 884; Pub. L. 95-632, 92

Stat. 3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97-304, 96 Stat.

1411 (16 U.S.C. 1531 et seq.).

2. It is proposed that Sec. 424.02 be amended by redesignating

paragraphs (f) through (n) as paragraphs (h) through (p) respectively,

and adding new paragraphs (f) and (g) to read as follows:

Sec. 424.02. Definitions.

* * * * *

(f) Intercross means any mating, fertilization, or other means of

exchange of genetic material between different species, subspecies, or

distinct vertebrate population segments within a taxonomic species.

mended by redesignating

paragraphs (f) through (n) as paragraphs (h) through (p) respectively,

and adding new paragraphs (f) and (g) to read as follows:

Sec. 424.02. Definitions.

* * * * *

(f) Intercross means any mating, fertilization, or other means of

exchange of genetic material between different species, subspecies, or

distinct vertebrate population segments within a taxonomic species.

(g) Intercross progeny means any and all offspring and descendants

that are the product of an intercross.

* * * * *

3. It is proposed that a new Sec. 424.03 be added to subpart A to

read as follows:

Sec. 424.03 Intercross and intercross progeny.

(a) Unless specified otherwise and indicated by an annotation in

the ``Scientific name'' column, any species listed as endangered or

threatened pursuant to the Act will include all individuals that,

considering the sum of available morphological, behavioral, ecological,

biochemical, genetic, and other relevant data, more closely resemble

such listed species than they resemble an intermediate between their

listed and unlisted parents.

(b) Individuals that are the products of intercrosses that occurred

under conditions of confinement will be excepted from the inclusion in

paragraph (a) of this section unless such production is:

(1) Recommended in an approved recovery plan for a listed parent

species;

(2) Supported in an approved genetics 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.

Dated: February 1, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks, Department of the

Interior.

Dated: February 2, 1996.

Nancy Foster,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 96-2640 Filed 2-6-96; 8:45 am]

BILLING CODE 4310-55-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.