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All Federal Register documents (rules, proposed rules, notices, presidential documents) from 1994 to present.

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document_number title type abstract publication_date pub_year pub_month html_url pdf_url agency_names agency_ids excerpts
2014-10503 Interagency Cooperation-Endangered Species Act of 1973, as Amended; Definition of Destruction or Adverse Modification of Critical Habitat 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. 2014-05-12 2014 5 https://www.federalregister.gov/documents/2014/05/12/2014-10503/interagency-cooperation-endangered-species-act-of-1973-as-amended-definition-of-destruction-or https://www.govinfo.gov/content/pkg/FR-2014-05-12/pdf/2014-10503.pdf Interior Department; Fish and Wildlife Service; Commerce Department; National Oceanic and Atmospheric Administration 253,197,54,361 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)....

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