Laserfiche WebLink
<br />-..~,. 001..,\1;1.- <br />38912 FeJlJl~~lr I Vol. 49, No. 191 I Monday. Oclober 1, 1984 I Rules and Regulations <br /> <br />Secretary. may adversly modify such <br />habilat or be affected by such <br />designation. <br />(bl Effective dale. A final rule shall <br />take effeet- <br />II) Not less than 30 days afler il is <br />published in the Federal Register. except <br />as otherwise provided for good cause <br />found and published wilb Ihe rule: and <br />(2) NOlless than 90 days afler [i) <br />publication in the Federal Register of the <br />proposed rule. and (ii) actual <br />notification of any affected State <br />agencies and counties or equivalenl <br />jurisdictions in accordance with <br />~ 424.16[cJ(lJ(ii). <br />(el Disagreement with Stale Qgency. If. <br />a Stale agency. given notice of a <br />proposed rule in accordance with <br />~ 424.16(cJ(lJ(ii). submits commenls <br />disagreeing in whole or in part with a <br />proposed rule, and the Secretary issues <br />a final rule that is in conflict with such <br />comments. or if the Secretary fails to <br />adopt a regulation for which a Slate <br />agency has made a petition in <br />accordance with A 424.14. the Secretary <br />shall provide such agency with a written <br />justification for the failure to adopt a <br />rule consistent with the agency's <br />comments or petition. <br /> <br />~ "2".19 Final rules-Impact analysis of <br />critical habitat <br />The Secretary shaJl identify Bny <br />significant activities that would either <br />affect an area considered for <br />designation as critical habitat or be <br />likely to be affected by the designalion. <br /> <br />and shall. after proposing designation of <br />such an area. consider the probable <br />economic and other impacts of Ihe <br />designation upon proposed or ongoing <br />aclivilies. The Secretary may exclude <br />any portion of such an area from the <br />critical habitat if the benefits of such <br />exclusion outweigh the benefits of <br />. specifying the area as part of the critical <br />habitat. The Secretary shall not exclude <br />any such area if. based on the best <br />scientific and commercial data <br />available. he determines that the failure <br />10 designate that area as critical habilat <br />will result in the extinction of the <br />species concerned. <br /> <br />~ 42".20 Emergency rules. <br />laJ Seclians 424.16. 424.17, 424.18. and <br />424.19 notwithstanding. the Secretary <br />may al any time issue a regulation <br />implementing any Bction described in <br />A 424.10 in regard to any emergency <br />posing a significant risk to the well- <br />being of a species of fish. wildlife. or <br />plant. Such rules shall. at the discretion <br />of the Secretary. take effect immediately <br />on publication in the Federal Register. In <br />the case of any such action that applies <br />to a resident species. the Secretary shall <br />give actual notice of such regulation to <br />the State agency in each State in which <br />such species is believed to occur. <br />Publication in the Federal Register of <br />such an emergency rule shall provide <br />detailed reasons why the rule is <br />necessary. An emergency rule shall <br />cease to have force and effect after 240 <br />days unless the procedures described in <br /> <br />! ~ 424.16. 424.17, 424.18. and 424.19 las <br />appropriate) have been complied with <br />during that period. C <br />(b) If at any time after issuing an <br />emergency rule. the Secretary <br />determines. on the basis of the best <br />scientific and commercial data <br />available. that substantial evidence <br />does not then exist to warrant such rule. <br />it sh<lll be withdrawn. <br /> <br />~ 424.21 Periodic review. <br />At least once every.5 years. the <br />Secretary shall conduct a review of eadl <br />listed species to determine whether it <br />should be delisted or reclassified. Each <br />such determination shall be made in <br />accordance with ~l424.11. 424.16. and <br />424.17 of this Part. as appropriate. A <br />notice announcing those species under <br />active review will be published in the <br />Federal Register. Notwithstanding this <br />section's provisions. the Secretary may <br />review the status of any species at any <br />time based upon a petition (see ~ 424.14) <br />or upon other data available to the <br />Service. <br />Dated: July t8. 1984. <br />G. Ray Arnett. <br />Assistant Secretary for Fish and Wildlife and <br />Parks. <br />Daled; August 22, 1984. <br />William G. Gordon. <br />Assistant Administrotor for Fisheries. ( <br />National Oceanic and Atmospheric <br />Administration. <br />IFR Doc. &4-!4ill6 Filed ~2S-84: a:4~ .mJ <br />81LLlNG CODE 431o-5~" <br /> <br />e <br />