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2014-05-10
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Interagency Cooperation-Endangered Species Act of 1973, as Amended; Definition of Destruction or Adverse Modification of Critical Habitat
Proposed Rules
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D09002ee1bdc464cf
United States
Department of the Interior
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United States Government Agency or Subagency
United States
Fish and Wildlife Service
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United States Government Agency or Subagency
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Department of Commerce
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United States Government Agency or Subagency
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National Oceanic and Atmospheric Administration
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United States Government Agency or Subagency
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ``Services'' or ``we'') propose to amend our regulations, which implements the Endangered Species Act of 1973, as amended (Act). Our regulation establishes the procedural regulations governing interagency cooperation under section 7 of the Act. The Act requires Federal agencies, in consultation with and with the assistance of the Secretaries of the Interior and Commerce, to insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. In 1986, the Services established a definition for ``destruction or adverse modification'' (Sec. 402.02) that was found to be invalid by the U.S. Court of Appeals for the Fifth (2001) and Ninth (2004) Circuits. We propose to amend our regulations to replace the invalidated definition with one that is consistent with the Act and the circuit court opinions. Finally, the proposed amendment is part of the Services' response to Section 6 of Executive Order 13563 (January 18, 2011), which directs agencies to analyze their existing regulations and, among other things, modify or streamline them in accordance with what has been learned.
79 FR 27060
https://www.govinfo.gov/app/details/FR-2014-05-12/2014-10503
2014-10503
fr12my14-24
RIN 1018-AX88
RIN 0648-BB80
4310-55; 3510-22-P
Docket No. FWS-R9-ES-2011-0072
Docket No. 120106026-3731-01: 92210-0-0009-B4
https://www.govinfo.gov/app/details/FR-2014-05-12/2014-10503
https://www.govinfo.gov/content/pkg/FR-2014-05-12/html/2014-10503.htm
https://www.govinfo.gov/content/pkg/FR-2014-05-12/pdf/2014-10503.pdf
Endangered and Threatened Species
7 p.
27060
27066
79 FR 27060
Code of Federal Regulations
Title 50 Part 402
50 CFR Part 402
Code of Federal Regulations
Title 50 Part 402
50 CFR Part 402
Regulation Identification Number 1018-AX88
RIN 1018-AX88
Regulation Identification Number 0648-BB80
RIN 0648-BB80
Interagency Cooperation-Endangered Species Act of 1973, as Amended; Definition of Destruction or Adverse Modification of Critical Habitat; Federal Register Vol. 79, Issue
PRORULE
2014-10503
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
2014-07-11
Docket No. FWS-R9-ES-2011-0072
Docket No. 120106026-3731-01: 92210-0-0009-B4
4310-55; 3510-22-P
2014-10503
Proposed rule.
We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ``Services'' or ``we'') propose to amend our regulations, which implements the Endangered Species Act of 1973, as amended (Act). Our regulation establishes the procedural regulations governing interagency cooperation under section 7 of the Act. The Act requires Federal agencies, in consultation with and with the assistance of the Secretaries of the Interior and Commerce, to insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. In 1986, the Services established a definition for ``destruction or adverse modification'' (Sec. 402.02) that was found to be invalid by the U.S. Court of Appeals for the Fifth (2001) and Ninth (2004) Circuits. We propose to amend our regulations to replace the invalidated definition with one that is consistent with the Act and the circuit court opinions. Finally, the proposed amendment is part of the Services' response to Section 6 of Executive Order 13563 (January 18, 2011), which directs agencies to analyze their existing regulations and, among other things, modify or streamline them in accordance with what has been learned.
We will accept comments from all interested parties until July 11, 2014. Please note that if you are using the Federal eRulemaking Portal (see ADDRESSES below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Standard Time on this date.
Patrice Ashfield, U.S. Fish and Wildlife Service, Division of Environmental Review, 4401 N Fairfax Drive, Suite 420, Arlington, VA, 22203, telephone 703/358-2171; facsimile 703/358-1735; or Cathryn E. Tortorici, National Marine Fisheries Service, Office of Protected Resources, Interagency Cooperation Division, 1315 East-West Highway, Silver Spring, MD 20910, telephone 301/427-8405; facsimile 301/713-0376. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800/877-8339.
Endangered and Threatened Species
Endangered Species Act:
Amendments; Definition of Destruction or Adverse Modification of Critical Habitat
,
http://www.regulations.gov
Federal Register
Vol. 79, no. 91
Office of the Federal Register, National Archives and Records Administration
2014-05-12
continuing
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339 p.
Table of Contents:
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https://www.govinfo.gov/app/details/FR-2014-05-12
https://www.govinfo.gov/content/pkg/FR-2014-05-12/pdf/FR-2014-05-12.pdf
https://www.govinfo.gov/content/pkg/FR-2014-05-12/xml/FR-2014-05-12.xml
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