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DOI/FWS

RIN: 1018-AX88

Publication ID: Spring 2013

Title: Endangered and Threatened Wildlife and Plants; Definition of "Destruction or Adverse Modification" of Critical Habitat
Abstract: FWS and the National Marine Fisheries Service (NMFS) propose to revise the definition for "destruction or adverse modification" contained within title 50 of the Code of Federal Regulations, section 402.02, to replace the invalidated definition for "Destruction or Adverse Modification" of Critical Habitat with one that is consistent with the Act, its legislative history, and circuit court opinions. The revised definition will provide the Services and Federal agencies with greater clarity in how to ensure that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat, consistent with section 7(a)(2) of the ESA.
Agency: Department of the Interior(DOI)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: 50 CFR 402
Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	07/00/2013

Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related Agencies: Joint: DOC/NOAA;
Agency Contact: Gary Frazer Assistant Director, Endangered Species Department of the Interior United States Fish and Wildlife Service Room 3242, 1849 C Street NW., Washington, DC 20240 Phone:202 208-4646 Fax:202 208-5618 Email: gary_frazer@fws.gov