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<br />002;);)7 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 6 of 44 <br /> <br />Register. <br />(B) Within 12 months after receiving a petition that is found under subparagraph (A) <br />to present substantial information indicating that the petitioned action may be <br />warranted, the Secretary shall make one of the following findings: <br />(i) The petitioned action is not warranted, in which case the Secretary shall promptly <br />publish such finding in the Federal Register. <br />(ii) The petitioned action is warranted in which case the Secretary shall promptly <br />publish in the Federal Register a general notice and the complete text of a proposed <br />regulation to implement such action in accordance with paragraph (5). <br />(iii) The petitioned action is warranted but that- <br />(I) the immediate proposal and timely promulgation of a final regulation <br />implementing the petitioned action in accordance with paragraphs (5) and (6) is <br />precluded by pending proposals to determine whether any species is an endangered <br />species or a threatened species, and <br />(11) expeditious progress is being made to add qualified species to either of the lists <br />published under subsection (c) and to remove from such lists species for which the <br />protec- tions of the Act are no longer necessary, in which case the Secretary shall <br />promptly publish such finding in the Federal Register, together with a description and <br />evaluation of the reasons and data on which the finding is based. <br />(C)(i) A petition with respect to which a finding is made under subparagraph (B)(iii) <br />shall be treated as a petition that is resubmitted to the Secretary under subparagraph <br />(A) on the date of such finding and that presents substantial scientific or commercial <br />information that the petitioned action may be warranted. <br />(ii) Any negative finding described in subparagraph (A) and any finding described in <br />subparagraph (B) (i) or (iii) shall be subject to judicial review. <br />(iii) The Secretary shall implement a system to monitor effectively the status of all <br />species with respect to which a finding is made under subparagraph (B)(iii) and shall <br />make prompt use of the authority under paragraph 7 to prevent a significant risk to <br />the well being of any such species. <br />(D)(i) 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 revise a <br />critical habitat designation, the Secretary shall make a finding as to whether the <br />petition presents substantial scientific information indicating that the revision may be <br />warranted. The Secretary shall promptly publish such finding in the Federal Register. <br />(ii) Within 12 months after receiving a petition that is found under clause (i) to <br />present substantial information indicating that the requested revision may be <br />warranted, the Secretary shall determine how he intends to proceed with the <br />requested revision, and shall promptly publish notice of such intention in the Federal <br />Register. <br />(4) Except as provided in paragraphs (5) and (6) of this subsection, the provisions of <br />section 553 of title 5, United States Code (relating to rulemaking procedures), shall <br />apply to any regulation promulgated to carry out the purposes of this Act. <br />(5) With respect to any regulation proposed by the Secretary to implement a <br />determination, designation, orrevision referred to in subsection (a) (I) or (3), the <br />Secretary shall- <br />(A) not less than 90 days before the effective date of the regulation- <br />(i) publish a general notice and the complete text of the proposed regulation in the <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />