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DOI/FWS

RIN: 1018-AX49

Publication ID: Spring 2014

Title: Policy on Interpretation of the Phrase "Significant Portion of its Range" in the ESA's Definitions of "Endangered Species" and "Threatened Species"
Abstract: We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services), are developing a policy to provide our interpretation of the phrase ``significant portion of its range'' in the Endangered Species Act's definitions of ``endangered species'' and ``threatened species.'' The phrase is ambiguous and is not defined in the Act, and its interpretation and application have been subject to litigation. The FWS's current interpretation has been rejected by the court. The purpose of this policy is to provide an interpretation and application of ``significant portion of its range'' that reflects a permissible reading of the law and its legislative history and minimizes undesirable policy outcomes, while fulfilling the conservation purposes of the Act. Our intent is to publish a final policy that will provide a consistent standard for interpretation of the phrase and its role in listing determinations that will be accorded deference by the Federal courts.
Agency: Department of the Interior(DOI)	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: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Notice--Draft Policy	12/09/2011	76 FR 76987
Notice--Draft Policy Comment Period End	02/07/2012
Notice--Draft Policy Comment Period Extended	02/07/2012	77 FR 6138
Notice--Draft Policy Comment Period Extended End	03/08/2012
Final Action	06/00/2014

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Related Agencies: Joint: DOC/NOAA;
Agency Contact: Don R. Morgan Chief, Branch of Delisting and Foreign Species, Ecological Services Department of the Interior United States Fish and Wildlife Service ARLSQ-420, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041-3808 Phone:703 358-2444 Fax:703 358-1735 Email: don_morgan@fws.gov