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DOC/NOAA

RIN: 0648-BB79

Publication ID: 2012

Title: ●Listing Endangered and Threatened Species and Designating Critical Habitat; Implementing Changes to the Regulations for Designating Critical Habitat
Abstract: We, the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) (collectively referred to as the "Services" or "we") propose to amend portions of title 50, part 424, of the Code of Federal Regulations, which implements the Endangered Species Act of 1973, as amended (Act). Part 424 clarifies, interprets, and implements portions of the Act concerning the procedures and criteria used for adding species to the Lists of Endangered and Threatened Wildlife and Plants and designating and revising critical habitat. Specifically, we propose to amend portions of part 424 that clarify procedures for designating and revising critical habitat. The proposed amendments would make minor edits to the scope and purpose, add and remove some definitions, clarify the criteria for designating critical habitat, and clarify the instructions for conducting the impacts analysis and considering exclusions. These proposed amendments are based on the Services' review of the regulations and are intended to add clarity for the public, clarify expectations regarding critical habitat and provide for a credible, predictable, and simplified critical-habitat-designation process. The proposed amendments would also address several court decisions and adopt conclusions from a 2008 legal opinion by the Solicitor of the Department of the Interior. Finally, the proposed amendments are also part of the Services' response to Executive Order 13563 (January 18, 2011), which directs agencies to review their existing regulations and, among other things, modify or streamline them in accordance with what has been learned.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 424
Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	02/00/2013

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
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