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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
Action Date FR Cite
NPRM  06/00/2008    
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