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DOC/NOAA

RIN: 0648-BA78

Publication ID: Fall 2011

Title: Interim Policy Interpreting the Phrase 'Significant Portion of Its Range' in the Endangered Species Act's Definitions
Abstract: The proposed policy interprets the phrase "significant portion of its range" in the Endangered Species Act's definitions of "endangered species" and "threatened species." The phrase is ambiguous and is not defined in the ESA, and its interpretation and application have been subject to litigation. The FWS' current interpretation, which NMFS did not adopt, has been rejected by the court. FWS, therefore, needs to propose an alternative interpretation and seek public review and comment, and because both agencies implement the ESA, we are doing this jointly so that we will have the same guidance.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 424.02
Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related Agencies: Joint: DOI/FWS;
Agency Contact: James H. Lecky Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 713-2332 Fax:301 427-2520 Email: jim.lecky@noaa.gov