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<br />0\J255S <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 7 of 44 <br /> <br />Federal Register, and <br />(ii) give actual notice of the proposed regulation (including the complete text of the <br />regulation) to the State agency in each State in which the species is believed to occur, <br />and to each county or equivalent jurisdiction in which the species is believed to <br />occur, and invite the comment of such agency, and each such jurisdiction, thereon; <br />(B) insofar as practical, and in cooperation with the Secretary of State, give notice of <br />the proposed regulation to each foreign nation in which the species is believed to <br />occur or whose citizens harvest the species on the high seas, and invite the comment <br />of such nation thereon; <br />(C) give notice of the proposed regulation to such professional scientific <br />organizations as he deems appropriate; <br />(D) publish a summary of the proposed regulation in a newspaper of general <br />circulation in each area of the United States in which the species is believed to occur; <br />and <br />(E) promptly hold one public hearing on the proposed regulation if any person files a <br />request for such a hearing within 45 days after the date of publication of general <br />notice. <br />(6)(A) Within the one-year period beginning on the date on which general notice is <br />published in accordance with paragraph (5)(A)(i) regarding a proposed regulation, the <br />Secretary shall publish in the Federal Register- <br />(i) if a determination as to whether a species is an endangered species or a threatened <br />species, or a revision of critical habitat, is involved, either- <br />(I) a final regulation to implement such determination, <br />(II) a final regulation to implement such revision or a finding that such revision <br />should not be made, <br />(III) notice that such one-year period is being extended under subparagraph (B)(i), or <br />(IV) notice that the proposed regulation is being withdrawn under subparagraph <br />(B)(ii), together with the finding on which such withdrawal is based; or <br />(ii) subject to subparagraph (C), if a designation of critical habitat is involved, either- <br />(I) a final regulation to implement such designation, or <br />(II) notice that such one-year period is being extended under such subparagraph. <br />(B)(i) If the Secretary finds with respect to a proposed regulation referred to in <br />subparagraph (A)(i) that there is substantial disagreement regarding the sufficiency or <br />accuracy of the available data relevant to the determination or revision concerned the <br />Secretary may extend the one-year period specified in subparagraph (A) for not more <br />than six months for purposes of soliciting additional data. <br />(ii) If a proposed regulation referred to in subparagraph (a)(i) is not promulgated as a <br />final regulation within such one-year period (or longer period if extension under <br />clause (i) applies) because the Secretary finds that there is not sufficient evidence to <br />justify the action proposed by the regulation the Secretary shall immediately <br />withdraw the regulation. The finding on which a withdrawal is based shall be subject <br />to judicial review. The Secretary may not propose a regulation that has previously <br />been withdrawn under this clause unless he determines that sufficient new <br />information is available to warrant such proposal. <br />(iii) If the one-year period specified in subparagraph (A) is extended under clause (i) <br />with respect to a proposed regulation, then before the close of such extended period <br />the Secretary shall publish in the Federal Register either a final regulation to <br /> <br />http://www . fws.gov /~rgendspp/esa. html <br /> <br />9/30/97 <br />