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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 Interagency Cooperation” (84 FR 44976; August 27, 2019) that revised portions of the regulations that implement section 7 of the Endangered Species Act of 1973, as amended. As a result of that review, the Departments proposed to revise those regulations (88 FR 40753; 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.

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).

Summary of the Legal Basis:

This action is authorized under 16 U.S.C. 1531 et seq.

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 Interagency Cooperation (84 FR 44976; August 27, 2019), which revised portions of the regulations that implement section 7 of the Endangered Species Act of 1973, as amended. Following a review of the 2019 rule, the Services proposed to revise portions of the regulations that the 2019 rule addressed (see 88 FR 40753; June 22, 2023). The Services have since held a series of seven informational webinars for stakeholders and are seeking public comments on the proposed rule as well as all aspects of the 2019 finale rule.

Anticipated Costs and Benefits:

The rulemaking revises and clarifies existing requirements for Federal agencies, including the Services, under section 7 of the ESA. Federal agencies are the only entities affected by this rule. We do not anticipate significant costs associated with the rule. This rule is meant to provide clarity to the standards with which we evaluate proposed Federal agency actions pursuant to section 7 of the ESA, which will be a benefit to the Services and Federal action agencies.

Risks:

This action addresses the ESA Interagency Cooperation provisions in the Services’ joint ESA-implementing regulations. Overall, the proposed changes will reduce the risk to ESA-listed species and designated critical habitat associated with ensuring Federal action agencies do not jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat by clarifying and improving the interagency consultation process and continuing to provide for the conservation of ESA resources.