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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:

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 August 27, 2019, final rule (84 FR 44976) 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 a new rulemaking.

Summary of the Legal Basis:

16 U.S.C. 1531 et seq.