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DOC/NOAA | RIN: 0648-BK47 | Publication ID: Fall 2023 |
Title: Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat | |
Abstract:
Per section 2 of the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (E.O. 13990), and subsequent Fact Sheet: List of Agency Actions for Review, the Departments of Commerce and the Interior (the Departments) initiated a review of the previous rulemaking action with the title, "Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat" (84 FR 45020; August 27, 2019) that revised the regulations for adding and removing species from the Lists of Endangered and Threatened Wildlife and Plants and clarified procedures for designating critical habitat. As a result of that review, the Departments proposed to revise those regulations (88 FR 40764, June 22, 2023), and after publication of that proposal, delivered a series of informational sessions to stakeholders including: Federal agencies, State agencies, Federally recognized tribes, Native Hawaiian community leaders, Non-governmental organizations, conservation partners, Industry groups, and Pacific Islander community leaders. FAQs and a recording of the presentation can be viewed on the website https://fws.gov/project/endangered-species-act-regulation-revisions. |
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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 424 | |
Legal Authority: 16 U.S.C. 1531 et seq. |
Legal Deadline:
None |
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Statement of Need: This action responds to the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (EO 13990) and the associated Fact Sheet (List of Agency Actions for Review). |
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Summary of the Legal Basis: This action is authorized under 16 U.S.C. 1531 et seq. |
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Alternatives: This is a joint rulemaking by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS; the Services) to revise joint regulations implementing the Endangered Species Act (ESA). Pursuant to E.O. 13990, the Services reviewed the 2019 final rule with the title, "Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat" (84 FR 45020; August 27, 2019), which revised the regulations for adding and removing species from the Lists of Endangered and Threatened Wildlife and Plants and clarified procedures for designating critical habitat. Following a review of the 2019 rule, the Services proposed to revise portions of the regulations that the 2019 rule addressed (see 88 FR 40764, June 22, 2023). The Services have since held a series of seven informational webinars for stakeholders and are seeking public comment on the proposed rule as well as all aspects of the 2019 final rule. |
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Anticipated Costs and Benefits: Potential costs directly stemming from this rule would be borne by the Services and would be non-significant. Potential benefits stemming from this rule would be improved clarity and effectiveness of the implementing regulations that guide the Services when classifying species and designating critical habitat under the ESA. |
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Risks: This action addresses several different provisions in the Services’ joint ESA-implementing regulations. Overall, the proposed changes will reduce the risk associated with making listing, delisting, and reclassification decisions; however, those actions will continue to have independent levels of risk that vary depending on the particular species. The proposed changes will also reduce risk associated with some but not necessarily all, critical habitat determinations and designations, which will continue to have independent risk levels that vary based on the particular species and habitats involved. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Related RINs: Related to 0648-BH42, Related to 1018-BC88 | Related Agencies: Joint: DOI/FWS; |
Agency Contact: Kim Damon-Randall Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 427-8400 Email: kimberly.damon-randall@noaa.gov |