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DOI/FWS | RIN: 1018-AT50 | Publication ID: Spring 2008 |
Title: Revised Definition of "Destruction or Adverse Modification" for Endangered Species Act Section 7 Consultations | |
Abstract: The Fish and Wildlife Service and the National Marine Fisheries Service will revise the definition of "destruction or adverse modification" in 50 CFR 402.02. The proposed changes would better align this definition with legislative history. Previously, the regulations defined "destruction or adverse modification" as "a direct or indirect alteration that appreciably diminishes the value of critical habitat for both survival and recovery of a listed species." The substance of the definition has been altered as a result of several Circuit court cases, which have found the current definition to be invalid. | |
Agency: Department of the Interior(DOI) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 50 CFR 402.02 | |
Legal Authority: 16 USC 1531 et seq |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Related Agencies: Joint: DOC/NOAA; | |
Agency Contact: Marjorie Nelson Chief, Branch of Consultation and Habitat Conservation Plans, Endangered Species Program Department of the Interior United States Fish and Wildlife Service Room 420, 4401 North Fairfax Drive, Arlington, VA 22203 Phone:703 358-2105 Fax:703 358-1735 Email: marjorie_nelson@fws.gov |