0648-BK47 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0648 National Oceanic and Atmospheric Administration NOAA 0600 Department of Commerce DOC Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat

Per section 2 of the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (E.O. 13990), and subsequent Fact Sheet: List of Agency Actions for Review, the Departments of Commerce and the Interior (the Departments) initiated a review of the previous rulemaking action with the title, "Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat" (84 FR 45020; August 27, 2019) that revised the regulations for adding and removing species from the Lists of Endangered and Threatened Wildlife and Plants and clarified procedures for designating critical habitat. As a result of that review, the Departments proposed to revise those regulations (88 FR 40764, June 22, 2023), and after publication of that proposal, delivered a series of informational sessions to stakeholders including:  Federal agencies, State agencies, Federally recognized tribes, Native Hawaiian community leaders, Non-governmental organizations, conservation partners, Industry groups, and Pacific Islander community leaders. FAQs and a recording of the presentation can be viewed on the website https://fws.gov/project/endangered-species-act-regulation-revisions.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 50 CFR 424 16 U.S.C. 1531 et seq. Yes

This action responds to the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (EO 13990) and the associated Fact Sheet (List of Agency Actions for Review).

]]>

This action is authorized under 16 U.S.C. 1531 et seq.

]]>

This is a joint rulemaking by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS; the Services) to revise joint regulations implementing the Endangered Species Act (ESA).  Pursuant to E.O. 13990, the Services reviewed the 2019 final rule with the title, "Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat" (84 FR 45020; August 27, 2019), which revised the regulations for adding and removing species from the Lists of Endangered and Threatened Wildlife and Plants and clarified procedures for designating critical habitat. Following a review of the 2019 rule, the Services proposed to revise portions of the regulations that the 2019 rule addressed (see 88 FR 40764, June 22, 2023). The Services have since held a series of seven informational webinars for stakeholders and are seeking public comment on the proposed rule as well as all aspects of the 2019 final rule.

]]>

Potential costs directly stemming from this rule would be borne by the Services and would be non-significant. Potential benefits stemming from this rule would be improved clarity and effectiveness of the implementing regulations that guide the Services when classifying species and designating critical habitat under the ESA.

]]>

This action addresses several different provisions in the Services’ joint ESA-implementing regulations. Overall, the proposed changes will reduce the risk associated with making listing, delisting, and reclassification decisions; however, those actions will continue to have independent levels of risk that vary depending on the particular species. The proposed changes will also reduce risk associated with some but not necessarily all, critical habitat determinations and designations, which will continue to have independent risk levels that vary based on the particular species and habitats involved.

]]> NPRM 06/22/2023 88 FR 40764 NPRM Comment Period End 08/21/2023 Final Action 04/00/2024 No Federal No No No No 0648-BH42 Related to 1018-BC88 Related to 1018 United States Fish and Wildlife Service FWS Joint Kim Damon-Randall Director, Office of Protected Resources 0648 National Oceanic and Atmospheric Administration NOAA 301 427-8400 kimberly.damon-randall@noaa.gov 1315 East-West Highway, Silver Spring MD 20910