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DOC/NOAA | RIN: 0648-BB80 | Publication ID: 2012 |
Title: ●Interagency Cooperation--Endangered Species Act of 1973, as Amended; Definition of Destruction or Adverse Modification of 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 title 50, part 402, of the Code of Federal Regulations, which implements the Endangered Species Act of 1973, as amended (Act). Part 402 establishes the procedural regulations governing interagency cooperation under section 7 of the Act. The Act requires Federal agencies, in consultation with and with the assistance of the Secretaries of the Interior and Commerce, to insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. In 1986, the Services established a definition for destruction or adverse modification (section 402.02) that was found to be invalid by the U.S. Court of Appeals for the Fifth (2001) and Ninth (2004) Circuits. We propose to amend part 402 to replace the invalidated definition with one that is consistent with the Act, its legislative history, and circuit court opinions. Finally, the proposed amendment is part of the Services' response to Executive Order 13563 (January 18, 2011) directing 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: None (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 16 USC 1531 et seq |
Legal Deadline:
None |
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Timetable:
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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: 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 Email: helen.golde@noaa.gov |