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

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

38911

the Act apply to a species that is
designated as a candidate for listing.
(c) Such notices of review will invite
comment from all interested parties
regarding the status of the species
named. At the time of publica lion of
such a nolice. notification in writing will
be sent to State agencies in any affected
Slates. known affected Federal agencies.
and. to the greatest extent practicable.
through the Secretary of State. to the
governments of any foreign countries in
which the subject species normally
occur.

1424.16 Proposed rules.

(a) General. Based on the information
received through ~~ 424.13.424.14,
424.15. and 424.21. or through olher
available avenues. the Secretary may
propose revising the lists as described in
! 424.10.
(b) Contents. A notice of a proposed
rule to carry out one of the actions
described in f 424.10 shall contain the
complete text of the proposed rule. a
summary of the data on which the
proposal is based (including, as
appropriate. citation of pertinent
information sources). and shall show the
relationship of such data to the rule
proposed. If such a rule designates or
revises critical habitat. such summary
shall, to the maximum extent
practicable, include a brief description
and evaluation of those activities _
(whether public or private] that. in the
opinion of the Secretary, if undertaken.
may adversely modify such habitat, or
may be affected by such designation.
Any proposed rule to designate or revise
critical habitat shall contain a map of
such habitat. Any such notice proposing
the listing. delisting, or reclassification
of a species or the designation or
revision of critical habitat shall also
include a summary of factors affecting
the species and/or critical habitat.
(cl Procedures.-(lJ Notffications. In
the cuse of any proposed rule to list.
delist. or redassify a species. or to
designate or revise critical habitat. the
Secretarv shall-
(i) Publish notice of the proposal in
the Federal Register:
(ii) Give actual notice of the proposed
regulCJtion (including the complete text
of the regulation) to the Stale agency in
each State in which the species is
believed to occur. and to each county or
equivalent jurisdiction therein in which
the species is believed to occur. and
invite the comment of each such agency
and jurisdiction:
(iii) Give notice of the proposed
regulation to any Federal agencies. local
authorities. or private individuals or
organizations known to be affected by
the rule:

(iv) Insofar as practical. and in
cooperation wi!h the Secretary of State,
give notice of the proposed regula lion to
list. delist. or reclassify a species to each
foreign nation in which the species is
believed to occur or whose citizens
harvest the species on the high seas. and
invite the comment of such nation:
(v) Give nolice of the proposed
regulation to such professional scientific
organizations as the Secretary deems
appropriate: and
(vi) Publish a summary of Ihe
proposed regulation in a newspaper of
general circulation in each area of the
United Slates in which the species is
believed to occur.
(2) Period of public comments. At
leasl60 days shall be allowed for public
comment following publicl:ltion in the
Federal Register of a rule proposing the
listing, deli sting. or reclassification of a
species, or the designation or revision of
critical habitat. All other proposed rules
shall be subject to a comment period of
at least 30 days following publication in
the Federal Register. The Secretary may
extend or reopen the period for public
comment on a proposed rule upon a
finding that there is good cause to do so.
A notice of any such extension or
reopening shall be published in the
Federal Register. and shall specify the
basis for so doing.
(3) Public hearings. The Secrelary
shall promptly hold at least one public
hearing if any person so requests within
45 days of publication of a proposed
regulation to list, delist. or reclassify a
species. or to designate or revise critical
habitat. Notice of the location and time
of any such hearing shall be published
in the Federal Register not less than 15
days before the hearing is held.

1424.17 nme limits and required actions.
(al General. (1) Within 1 year of the
publication of a rule proposing to
determine whether a species is an
endangered or threatened species, or to
designate or revise critical habitat. lhe
Secrelary shall publish one of the
following in the Federal Register:
(i) A final rule to implement such
determination or revision.
(H) A finding tha t such revision should
not be made. .
(iii) A notice withdrawing the
proposed rule upon a finding that
available e\'idence does not justify the
action proposed by the rule, or
(ivJ A notice extending such 1-year
period by an additional period of not
more than 6 months bec8Jse Ihere is
substantial disagreement among
scientists knowledgeable aoolit the
species concerned regarding the
surfidency or accuracy of the available

data relevant to the determination or
revision concerned.
(2) If an extension is made under
paragraph (a)(l)[iv) of this see lion, the
Secretary shall. within the extended
period, take one of the actions described
in paragraphs [a)[l) (i}, (ii), or (iii) of this
section.
(3) If a proposed rule is withdrawn
under paragraph (a)[l)(iii) of this
section, the notice of withdrawal shall
set forth the basis upon which the
proposed rule has been found not to be
supported by available evidence. The
Secretary shall nor again propose a rule
withdrawn under such provision except
on the basis of sufficient new
information that warrants a repl'oposal.
(b) Critical habitat designations. A
final rule designating critical habitat of
an endongered or a threatened species
shall to the extent permissible under
~ 424.12 be published concurrenlly with
the final rule listing such species. unless
the Secretary deems that-
(1) II is essentiallo the conservation
of such species that it be listed
promptly: or
(2) Critical habitat of such species is
not then determinable.
in which case. the Secretary. with
respect to the proposed regulation to
designate such habitat. may extend the
t.year period specified in paragraph (a)
of this section by not more than one
additional year. Not later than the close
of such additional year the Secretary
must publish a final regulation. based on
such data as may be available at that
time. designating. to the maximum
extent prudent. such habitat.

I 424.18 Final rules-general.
(a) Contents. A final rule promulgated
to carry out the purposes of the Act will
be published in the Federal Register. .
This publication will contain the
complete text of the rule. a summary of
the comments and recommendations
received in response to the proposal
(including applicable public hearings).
. summaries of the data on which the rule
is based and the relationship of such
data to the final rule. and a description
of any conservation measures avail(Jble
under the rule. Publication of a final rule
to list, delist. or reclassify a species or
designate or revise critical habitat shall
also provide a summary of factors
affecting the species. A rule designating
or revising critical habitat will also
contain a description of the boundaries
and a map of such habitat and will. to
the maximum extent practicable. be
accompanied by a brief description and
evaluCJtion of those activities (whelher
public or private) that might occur in thE.
area and w~ich. in the opinion of the

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