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<br />0025~6 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 5 of 44 <br /> <br />should- <br />(i) be removed from any list published pursuant to subsection (c) of this section, or <br />(ii) be changed in status from an endangered species to a threatened species, he shall <br />recommend such action to the Secretary ofthe Interior, and the Secretary of the <br />Interior, ifhe concurs in the recommendation, shall implement such action; and <br />(C) the Secretary of the Interior may not list or remove from any list any such <br />species, and may not change the status of any such species which are listed, without a <br />prior favorable determination made pursuant to this section by the Secretary of <br />Commerce. <br />(3) The Secretary, by regulation promulgated in accordance with subsection (b) and <br />to the maximum extent prudent and determinable- <br />(A) sha1l, concurrently with making a determination under paragraph (I) that a <br />species is an endangered species or a threatened species, designate any habitat of <br />such species which is then considered to be critical habitat; and <br />(B) may, from time-to-time thereafter as appropriate, revise such designation. <br /> <br />(b) BASIS FOR DETERMINATIONS.- <br />(I)(A) The Secretary sha1l make determinations required by subsection (a)(I) solely <br />on the basis of the best scientific and commercial data available to him after <br />conducting a review of the status of the species and after taking into account those <br />efforts, if any, being made by any State or foreign nation, or any political subdivision <br />of a State or foreign nation, to protect such species, whether by predator control, <br />protection of habitat and food supply, or other conservation practices, within any area <br />under its jurisdiction, or on the high seas. <br />(B) In carrying out this section, the Secretary shaH give consideration to species <br />which have been- <br />(i) designated as requiring protection from unrestricted commerce by any foreign <br />nation, or pursuant to any international agreement; or <br />(ii) identified as in danger of extinction, or likely to become so within the foreseeable <br />future, by any State agency or by any agency of a foreign nation that is responsible <br />for the conservation of fish or wildlife or plants. <br />(2) The Secretary sha1l designate critical habitat, and make revisions thereto, under <br />subsection (a)(3) on the basis of the best scientific data available and after taking into <br />consideration the economic impact, and any other relevant impact, of specifying any <br />particular area as critical habitat. The Secretary may exclude any area from critical <br />habitat ifhe determines that the benefits of such exclusion outweigh the benefits of <br />specifying such area as part of the critical habitat, unless he determines, based on the <br />best scientific and commercial data available, that the failure to designate such area as <br />critical habitat will result in the extinction of the species concerned. <br />(3)(A) To the maximum extent practicable, within 90 days after receiving the petition <br />of an interested person under section 553(e) of title 5, United States Code, to add a <br />species to, or to remove a species from, either of the lists published under subsection <br />(c), the Secretary shaH make a finding as to whether the petition presents substantial <br />scientific or commercial information indicating that the petitioned action may be <br />warranted. If such a petition is found to present such information, the Secretary sha1l <br />promptly commence a review of the status of the species concerned. The Secretary <br />shall promptly publish each finding made under this subparagraph in the Federal <br /> <br />http://www . fws. gov /-rgendspp/ esa.html <br /> <br />9/30/97 <br />