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DOC/NOAA RIN: 0648-BB81 Publication ID: 2012 
Title: ●Interagency Cooperation -- Endangered Species Act of 1973, as Amended; Incidental Take Statements 
Abstract: We, the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (collectively, "the Services"), propose to amend the regulations governing consultation under section 7 of the Endangered Species Act of 1973, as amended (ESA), regarding incidental take statements. The purpose of the proposed changes is to address (1) the use of surrogates to express the limit of exempted take, (2) when the take limit may not be an appropriate trigger for reinitiation of formal consultation during the course of a Federal action, and (3) when deferral of an incidental take exemption is appropriate. These proposed changes should clarify our regulations for affected Federal action agencies as well as the public. 
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 222   
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