C.F.R. » Title 50 » CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS › PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS › Subpart H—Experimental Populations

50 C.F.R. § 17.83

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(a) Any experimental population designated for a listed species (1) determined pursuant to § 17.81(c)(2) of this subpart not to be essential to the survival of that species and (2) not occurring within the National Park System or the National Wildlife Refuge System, shall be treated for purposes of section 7 (other than subsection (a)(1) thereof) as a species proposed to be listed under the Act as a threatened species.

(b) For a listed species, any experimental population that, pursuant to § 17.81(c)(2), has been determined to be essential to the survival of the species or that occurs within the National Park System or the National Wildlife Refuge System, as now or hereafter constituted, will be treated for purposes of section 7 of the Act as a threatened species.

(c) For purposes of section 7 of the Act, any consultation or conference on a proposed Federal action will treat any experimental and nonexperimental populations as a single listed species for the purposes of conducting the analyses and making agency determinations pursuant to section 7(a) of the Act.

[49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023]
Notes of Decisions
Cited in 3 cases, 2009–2011 · leading case: Forest Guardians v. United States Fish & Wildlife Serv., 611 F.3d 692 (10th Cir. 2010).
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Forest Guardians v. United States Fish & Wildlife Serv., 611 F.3d 692 (10th Cir. 2010). · cites it 2× “§§ 1536 (a), 1539(j)(2)(C); 50 C.F.R. § 17.83 (a)(2). 3. Forest Guardians' ESA Challenge Forest Guardians challenges the FWS's application of its definition of "population" to the facts of this case and, relatedly, suggests that FWS has misconstrued our decision in Wyoming Farm…”
New Mexico Ex Rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683 (10th Cir. 2009). “§ 1539(j)(2)(C); 50 C.F.R. § 17.83 (a). As discussed, the § 7(a)(2) formal consultation process applies only to species listed as threatened or endangered and not to species that are merely proposed for listing.”
Defenders of Wildlife v. United States Fish & Wildlife, 797 F. Supp. 2d 949 (D. Ariz. 2011). “50 C.F.R. 17.83(a). 8 . The Special Rule codifies the Final Rule for the Establishment of a Nonessential Experimental Population of the Mexican Gray Wolf in Arizona and New Mexico.”
— 50 C.F.R. § 17.83(a) — 1 case
Defenders of Wildlife v. United States Fish & Wildlife, 797 F. Supp. 2d 949 (D. Ariz. 2011). “50 C.F.R. 17.83(a). 8 . The Special Rule codifies the Final Rule for the Establishment of a Nonessential Experimental Population of the Mexican Gray Wolf in Arizona and New Mexico.”
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