Right. But here is where things are interesting. Acording to current wording in the MBTA regulations, if a peregrine and a saker produced a hybrid in the wild (or in captivity I suppose as long it was outside US controlled turf) then it would NOT be a hybrid, even if said mongrel wandered over US terrirtory. And the way I read the comments submitted by the USFWS, this non-hybrid would also NOT be protected by MBTA regulations (it would be considered an excotic, just like a pure saker would)
But that same critter, produced by a propagator WOULD be a hybrid, and would be MBTA protected.
This is the mess the USFWS currently seeks to clear up. On that point I agree with them - the defining should be consistent, because to do otherwise is to make things very messy.
Well, the catch here is that the MBTA stops differentiating at the species level.
Peregrine falcons are MBTA protected - all of them. Even those subspecies that dont make it to the US.