WSP06932

• File Number: 8065
• Description: Section D General Statewide Issues - Endangered Species Act - Fisheries
• State: CO
• Basin: Statewide
• Date: 10/1/1984
• Author: Federal Register
• Title: Federal Register - DOI-FWS - DOC-NOAA - Listing Threatened-Endangered Species - Designating Critical Habitat-Amended Procedures to Comply with 1982 Amendments to ESA-Final Rule
• Water Supply Pro - Doc Type: Publication

002963
38910

... ~. .... J

Federal Regisler I Vol. 49, No. 191 I Monday, October 1, 1984 I Rules and Regulations

(h) Critical habitat shall not be
designated wilhin foreign countries or in
other areas outside of United States
jurisdiction.
~ 424.13 Sources 01 Information and
relevant data.
When considering any revision of the
lists. the Secretary shall consult as
appropriate with affected Slates.
interested persons and organizations,
other affected Federal agencies. and. in
cooperation with the Secretary of Slale.
with the country or countries in which
the species concerned are normally
found or whose citizens harvest such
species from the high seas. Data
reviewed by the Secretary may include,
but are not limited to scientific or
commercial publications. administrative
reports. maps or other graphic materials.
information received from experts on
the subject, and comments from
interesled parties.
I 424.14 Petitions.
(a) General. Any interested person
may submit a written petition to the
Secretary requesting that one of the
actions described in ~ 424.10 be taken.
Such a document must clearly inenlify
itself as a petition and be dated. It must
contain the name. signature, address.
telephone number, if any, and the
association, institution. or business
affiliation. if any, of the petitioner. The
Secretary shall acknowledge in writing
receipt of such B petition within 30 days.
(bJ Petilions to list. delisl. or
reclassify species. (1) To the maximum
extent practicable. within 90 days of
receiving B petiti{)n to Hsl, delist. or
reclassify a species. the Secretary shall
miJke 8 finding as to whether the
petition present' substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
For the purposes of this seelion.
"substantial information" is that amount
of information that would lead a
reasonable person to believe t~at the
measure proposed in the petition may be
warranted. The Secretary shall promptly
publish such finding in the Federal
Register and so notify the petitioner.
(2) In making a finding under
paragraph (b)(l) of this section. the
Secretary shall consider whether such
petition-
(i) Clearly indicates the administrative
measure recommended and gives the
scientific and any common name of the
species involved:
(ii) Contains detailed narrative
justificalion for the recommended
measure. describing, based on available
information. past and present numbers
~tnd distribution of the species iO\'olved
and any threats faced by the species:

(iii) Provides information regardiI1g
the status of the species over all or a
significant portion of its range: and
(iv) Is accompanied by appropriate
supporting documentation in the form of
,bibliographic references, reprints of
pertinent publications. copies of reports
or letters from authorities. and maps,
The petitioner may provide
information that describes any
recommended critical habitat as to
boundaries and physical features. and
indicates any benefits and/or adverse
eUecls on the species that would result
from such designation. Such
information. however. will not be a
basis for the determination of the
substantiality of a petition.
(3) Upon making a positive finding
under paragraph (bJ(l) of this section.
the Secretary shaH commence a review
of the status of the species concerned
and shall make. within 12 months of
receipt of such petition. one of t~e
following findings:
(i) The petitioned action is not
warranted, in which case the Secretary
shall.promptly publish such finding in
the Federal Register and so notify the
petitioner.
(ii) The petitioned action is warranted.
in which case the Secretary shall
promptly publish in the Federal Register
a proposed regulation to implement the
action pursuant to 1424.16 of this Part.
or
(iii) The petitioned action is
warranted. but that-
(A) The immediate proposal and
timely promulgation of a regulation to
implement the petitioned action is
precluded because of other pending
proposals 10 list, delist, or reclassify
species. and
(8) Expeditious progress is being
made to list, delisl. or reclassify
qualified species,
in which case, such finding shall be
promptly published in lhe Federal
Register together with a description and
evaluation of the reasons and data on
which the finding is based.
(4) If a finding is made under
-paragraph [b)[3)[iiiJ of this Section with
regard to any pelition. the Secretary
shall. within 12 months of such finding.
again make one of the findings
described in paragraph (b)[3) with
regard to such petition, but no further
finding of substantial information will
be required.
(c) Petitions /0 revise critical habitat.
(1) To the maximum extent practicable.
within 90 days of receiving a petition to
revise a critical habitat designation. the
Sec.retary shall make a finding as to
whether the petition presents
substantial scienific information

indicating that the revision may be
warranted. The Secretary shall promptlt
publish such finding in the Federal
Register and so notify the petitioner.
(2) In making the finding required by
paragraph (c)[l) of this section, the
Secretary shall consider whether a
petition contains-
(iJ Information indicating that areas
petitioned to be added to critical habitat
contain physical and biological features
essential to. and that may require
special management to provide for. the
conservation of the species involved: or
[iiJ Information indicating that areas
designated as critical habitat do not
contain resources essential to, or do not
require special management 10 provide
for. the conservation of the species
involved.
(3) Within 12 months after receiving a
petition found under paragraph (c)[l) of .
this section to present substantial
information indicating that revision of a
critical habitat may be warranled. the.
Secretary shall determine how he
intends to proceed with the requested
revision. and shall promptly publish
~nolice of such intention in the Federal
Register.
(d) Petitions to designate critical
habitat or adopt special rules. Upon
receiving a petition to designate critical
habitat or to adopt a special rule to (
provide for the conservation of a
species. tbe Secretary shall promptly
conduct a review in accordance with the
Administrative Procedure Act (5 U.S.C.
553) and applicable Departmental
regulations, and take appropriate action.

~ 424.15 Notices of review.
(aJ If the Secretary finds that one of
the actions described in t 424.10 may be
warranted. but that the available
evidence is not sufficiently definitive to
justify proposing the action at that time.
8 notice of review may be published in
the Federal Register. The notice will
describe the measure under
consideration. briefly explain the
reasons for considering the action. and
solicit comments and additional
information on the action under
consideration. .
(b) The Secretary from time to time
also may publish notices of review
containing the names of species that are
considered to be candidates for listing
under the Act and indicating whether
sufficient scientific or commercial
information is then available to warrant
proposing to list such species. the names
of species no longer being considered
for listing. or the names of listed species
being considered for delisting or _
reclassification. However. none of the C
substi1nHve or .procedural provisions of