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DOC/NOAA

RIN: 0648-BB81

Publication ID: Spring 2014

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. The amendments would provide the Services with greater flexibility in determining the type of take anticipated, and when that take must be specifically identified. These proposed changes should clarify our regulations for affected Federal action agencies as well as the public.
Agency: Department of Commerce(DOC)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final 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	09/04/2013	78 FR 54437
Final Action	07/00/2014

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: Donna Wieting Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 427-8400