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<br />002553 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 8 of 44 <br /> <br />implement the determination or revision concerned, a finding that the revision should <br />not be made, or a notice of withdrawal of the regulation under clause (ii), together <br />with the finding on which the withdrawal is based. <br />(C) A final regulation designating critical habitat of an endangered species or a <br />threatened species shall be published concurrently with the final regulation <br />implementing the determination that such species is endangered or threatened, unless <br />the Secretary deems that- <br />(i) it is essential to the conservation of such species that the regulation implementing <br />such determination be promptly published; or <br />(ii) critical habitat of such species is not then determinable, in which case the <br />Secretary, with respect to the proposed regulation to designate such habitat, may <br />extend the one-year period specified in subparagraph (A) by not more than one <br />additional year, but not later than the close of such additional year the Secretary must <br />publish a final regulation, based on such data as may be available at that time, <br />designating, to the maximum extent prudent, such habitat. <br />(7) Neither paragraph (4), (5), or (6) of this subsection nor section 553 of title 5, <br />United States Code, shall apply to any regulation issued by the Secretary in regard to <br />any emergency posing a significant risk to the well-being of any species of fish and <br />wildlife or plants, but only if- <br />(A) at the time of publication of the regulation in the Federal Register the Secretary <br />publishes therein detailed reasons why such regulation is necessary; and <br />(B) in the case such regulation applies to resident species offish or wildlife, or plants, <br />the Secretary gives actual notice of such regulation to the State agency in each State <br />in which such species is believed to occur. <br />Such regulation shall, at the discretion of the Secretary, take effect immediately upon <br />the publication of the regulation in the Federal Register. Any regulation promulgated <br />under the authority of this paragraph shall cease to have force and effect at the close <br />of the 240-day period following the date of publication unless, during such 240-day <br />period, the rulemaking procedures which would apply to such regulation without <br />regard to this paragraph are complied with. If at any time after issuing an emergency <br />regulation the Secretary determines, on the basis of the best appropriate data available <br />to him, that substantial evidence does not exist to warrant such regulation, he shall <br />withdraw it. <br />(8) The publication in the Federal Register of any proposed or final regulation which <br />is necessary or appropriate to carry out the purposes of this Act shall include a <br />summary by the Secretary of the data on which such regulation is based and shall <br />show the relationship of such data to such regulation; and if such regulation <br />designates or revises critical habitat, such summary shall, to the maximum extent <br />practicable, also include a brief description and evaluation of those activities <br />(whether public or private) which, in the opinion of the Secretary, if undertaken may <br />adversely modify such habitat, or may be affected by such designation. <br /> <br />(c) LISTS.- <br />(I) The Secretary of the Interior shall publish in the Federal Register a list of all <br />species determined by him or the Secretary of Commerce to be endangered species <br />and a list of all species determined by him or the Secretary of Commerce to be <br />threatened species. Each list shall refer to the species contained therein by scientific <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />