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DOC/NOAA RIN: 0648-BJ77 Publication ID: Spring 2020 
Title: ●Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation 

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) will propose to amend the regulations implementing section 7 of the Endangered Species Act of 1973, as amended. In 2019, the FWS and NMFS finalized revisions to 50 CFR Part 402 (84 FR 44976). Among other things, 2019 final rule amended the 50 CFR Part 402.16 in order to address issues arising under the Ninth Circuit’s decision in Cottonwood Environmental Law Center v. U.S. Forest Service, 789 F.3d 1075 (9th Cir. 2015), cert. denied, 137 S. Ct. 293 (2016). The final rule clarified that initiation of consultation shall not be required for land management plans prepared pursuant to 43 U.S.C. 1712 or 16 U.S.C. 1604, upon listing of a new species or designation of new critical habitat, in certain specific circumstances, provided that any authorized actions that may affect the newly listed species or designated critical habitat will be addressed through a separate action-specific consultation. Now, the FWS and NMFS will propose to create a similar exception for reinitiation on the basis of new information (see 50 CFR Part 402.16(a)(2)). If finalized, the proposed amendment to 50 CFR Part 402.16 would clarify that reinitiation of consultation is not required for certain land management plans based upon new information (see 402.16(a)(2)). This would decrease the number of reinitiated consultations, including the preparation of biological assessments and biological opinions.

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 
EO 13771 Designation: Deregulatory 
CFR Citation: 50 CFR 402   
Legal Authority: 16 U.S.C. 1531 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1018-BF17  Related Agencies: Joint: DOI/FWS; 
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