[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Page 61090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25425]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA725


Endangered and Threatened Species; Counterpart Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service 
(USFWS), Interior.

ACTION: Notice of availability.

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SUMMARY: The U.S. Forest Service and Bureau of Land Management 
(together, action agencies) in coordination with the USFWS and NMFS, 
have agreed to revoke the March 4, 2004, National Fire Plan Counterpart 
Regulation Alternative Consultation Agreements (ACAs).

DATES: This is effective on October 1, 2011.

ADDRESSES: The final decision of revocation is available on the 
internet at http://www.nmfs.noaa.gov/pr/laws/esa/policies.htm#consultation and http://www.fws.gov/endangered/esa-library/index.html. Action Agency documents, as well as supporting 
documentation used in the preparation of this decision, will be 
available for public inspection, by appointment, during normal business 
hours at: NMFS Office of Protected Resources, 1315 East-West Highway, 
Room 13535, Silver Spring, MD 20910 or USFWS, 4401 N. Fairfax Drive, 
Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Angela Somma, NMFS, at 301-427-8474 or 
by fax at 301-713-0376; or Rick Sayers, USFWS at 703-358-2171 or by fax 
at 703-358-1735.

SUPPLEMENTARY INFORMATION: Section 7(a)(2) of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.; hereafter ESA) 
requires federal agencies, in consultation with, and with the 
assistance of, the Secretaries of Commerce and Interior, to insure that 
any action they authorize, fund, or carry out is not likely to 
jeopardize the continued existence of endangered or threatened species 
or destroy or adversely modify designated critical habitat. The 
principles, practices, and protocols for section 7 consultations are 
identified in the ESA, and regulations promulgated in 1986 for 
implementing section 7 (50 CFR, part 402), further expound the 
procedural and substantive requirements for consultation. The 
counterpart regulations provide an optional alternative to the standard 
section 7 consultation process, and were developed specifically for 
agency projects that authorize, fund, or carry out actions that support 
the National Fire Plan. Upon entering into an ACA with the Services, 
action agencies may make ``not likely to adversely affect'' 
determinations for National Fire Plan projects without consulting with 
the Services. The March 4, 2004, ACAs included specific requirements 
for reporting and conducting periodic program monitoring of the use of 
the counterpart regulations.
    NMFS and USFWS reviewed the projects carried out during years two 
through four by the action agencies. Based on results of the review of 
these projects, the relatively limited use of the counterpart 
regulations since their inception, the action agencies' cursory 
assessment of the year five through seven projects, and the action 
agencies' request to revoke the ACAs; NMFS and USFWS agree to terminate 
the ACAs with the action agencies.

    Dated: September 20, 2011.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2011-25425 Filed 9-30-11; 8:45 am]
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