[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16026]


[[Page Unknown]]

[Federal Register: July 1, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 

Endangered and Threatened Wildlife and Plants: Notice of 
Interagency Cooperative Policy Regarding the Role of State Agencies in 
Endangered Species Act Activities

AGENCIES: Fish and Wildlife Service, Interior, and National Marine 
Fisheries Service, National Oceanic and Atmospheric Administration 
(NOAA), Commerce.

ACTION: Notice of policy statement.

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SUMMARY: The Fish and Wildlife Service and National Marine Fisheries 
Service (hereafter referred to as Services) announce interagency policy 
to clarify the role of State agencies in activities undertaken by the 
Services under authority of the Endangered Species Act of 1973, as 
amended (Act), and associated regulations in title 50 Code of Federal 
Regulations.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Jamie Rappaport Clark, Chief, Division 
of Endangered Species, U.S. Fish and Wildlife Service, ARLSQ 452, 18th 
and C Streets NW., Washington, DC 20240 (telephone 703/358-2171), or 
Russell Bellmer, Chief, Endangered Species Division, National Marine 
Fisheries Service, 1335 East-West Highway, Silver Spring, Maryland 
20910 (telephone 301/713-2322).

SUPPLEMENTARY INFORMATION:

Background

    The Services recognizes that, in the exercise of their general 
governmental powers, States possess broad trustee and police powers 
over fish, wildlife and plants and their habitats within their borders. 
Unless preempted by Federal authority, States possess primary authority 
and responsibility for protection and management of fish, wildlife and 
plants and their habitats.
    State agencies often possess scientific data and valuable expertise 
on the status and distribution of endangered, threatened and candidate 
species of wildlife and plants. State agencies, because of their 
authorities and their close working relationships with local 
governments and landowners, are in a unique position to assist the 
Services in implementing all aspects of the Act. In this regard, 
section 6 of the Act provides that the Services shall cooperate to the 
maximum extent practicable with the States in carrying out the program 
authorized by the Act. The term State agency means any State agency, 
department, board, commission, or other governmental entity which is 
responsible for the management and conservation of fish, plant, or 
wildlife resources within a State.

Policy

    In the following Endangered Species Act programs, it is the policy 
of the Services to:
A. Prelisting Conservation
    1. Utilize the expertise and solicit the information of State 
agencies in determining which species should be included on the list of 
candidate animal and plant species.
    2. Utilize the expertise and solicit the information of State 
agencies in conducting population status inventories and geographical 
distribution surveys to determine which species warrant listing.
    3. Utilize the expertise of State agencies in designing and 
implementing prelisting stabilization actions, consistent with their 
authorities, for species and habitat to remove or alleviate threats so 
that listing priority is reduced or listing as endangered or threatened 
is not warranted.
    4. Utilize the expertise and solicit the information of State 
agencies in responding to listing petitions.
B. Listing
    1. Utilize the expertise and solicit the information of State 
agencies in preparing proposed and final rules to: (a) List species as 
endangered or threatened, (b) define and describe those conditions 
under which take should be prohibited for threatened species, (c) 
designate critical habitat, and (d) reclassify a species from 
endangered to threatened (or vice versa) or remove a species from the 
list.
    2. Provide notification to State agencies of any proposed 
regulation in accordance with provisions of the Act.
C. Consultation
    1. Inform State agencies of any Federal agency action that is 
likely to adversely affect listed or designated critical habitat; or 
that is likely to adversely affect proposed species or proposed 
critical habitat and request relevant information from them, including 
the results of any related studies, in analyzing the effects of the 
action and cumulative effects on the species and habitat.
    2. Request an information update from State agencies prior to 
preparing the final biological opinion to ensure that the findings and 
recommendations are based on the best scientific and commercial data 
available.
    3. Recommend to Federal agencies that they provide State agencies 
with copies of the final biological opinion unless the information 
related to the consultation is protected by national security 
classification or is confidential business information. Decisions to 
release such classified or confidential business information shall 
follow the action agency's procedures. Biological opinions, not 
containing such classified or confidential business information, will 
be provided to the State agencies by the Services, if not provided by 
the action agency, after 10 working days. The exception to this waiting 
period allows simultaneous provision of copies when there is a joint 
Federal-State consultation action.
D. Habitat Conservation Planning
    1. Utilize the expertise and solicit the information and 
participation of State agencies in all aspects of the Habitat 
Conservation Planning (HCP) process.
E. Recovery
    1. Utilize the expertise and solicit the information and 
participation of State agencies in all aspects of the recovery planning 
process for all species under their jurisdiction.
    2. Utilize the expertise and solicit the information and 
participation of State agencies in implementing recovery plans for 
listed species. State agencies have the capabilities to carry out many 
of the actions identified in recovery plans and are in an excellent 
position to do so because of their close working relationships with 
local governments and landowners.
    3. Utilize the expertise and authority of State agencies in 
designing and implementing monitoring programs for species that have 
been removed from the list of Endangered and Threatened Wildlife and 
Plants. Unless preempted by Federal authority, States possess primary 
authority and responsibility for protection and management of fish, 
wildlife and plants and their habitats, and are in an excellent 
position to provide for the conservation of these species following 
their removal from the list.

Scope of Policy

    The scope of this policy is Servicewide.

Authority

    The authority for this policy is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1536).

    Dated: June 27, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.
    Dated: June 24, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-16026 Filed 6-30-94; 8:45 am]
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