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DOC/NOAA RIN: 0648-BA78 Publication ID: 2012 
Title: Interim Policy Interpreting the Phrase 'Significant Portion of its Range' in the Endangered Species Act's Definitions 
Abstract: This 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's current interpretation, which NMFS did not adopt, has been rejected by the court. FWS, therefore, proposes an alternative interpretation. 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: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 50 CFR 424.02   
Legal Authority: 16 USC 1531 et seq   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/07/2012  77 FR 6138   
NPRM Comment Period End  03/08/2012 
Final Action  02/00/2013 
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:
Helen Golde
Department of Commerce
National Oceanic and Atmospheric Administration
Room 11536, Marine Sanctuaries Division, 1305 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400