[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31368]
[[Page Unknown]]
[Federal Register: December 21, 1994]
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DEPARTMENT OF THE INTERIOR
Notice of Availability of Draft Petition Management Guidance for
Petitions Received Under the Endangered Species Act for Review and
Comment
AGENCIES: Fish and Wildlife Service, Interior, and National Marine
Fisheries Service, National Oceanic and Atmospheric Administration,
Commerce.
ACTION: Notice of document availability.
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SUMMARY: The Fish and Wildlife Service and National Marine Fisheries
Service (Services) announce the availability of their draft Petition
Management Guidance for public review. This draft document provides
internal guidance for the management of petitions submitted to the
Services under the Endangered Species Act of 1973, as amended (Act).
Its purpose is to provide policy and guidance for managing petitions to
promote efficiency and nationwide consistency within the Services. The
Services seeks public comment on this draft guidance document.
DATES: Comments on the draft Petition Management Guidance must be
received on or before February 21, 1995 to be considered during
preparation of a final guidance document.
ADDRESSES: Persons wishing to review the draft Petition Management
Guidance may obtain a copy by contacting the Division of Endangered
Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room
452, Arlington, Virginia 22203 (telephone 703/358-2105). Written
comments and materials regarding the draft guidance should be directed
to the same address. Comments and materials received will be available
for public inspection, by appointment, during normal business hours at
the above address.
FOR FURTHER INFORMATION CONTACT:
Jamie Rappaport Clark, Chief, Division of Endangered Species, U.S. Fish
and Wildlife Service, at the above address (703-358-2171) or Russell
Bellmer, Chief, Endangered Species Division, National Marine Fisheries
Service, 1335 East-West Highway, Silver Spring, Maryland 20910 (301-
713-2322).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3) of the Act allows any interested individual to
petition the Services to list, delist, or reclassify species, or to
revise a listed species' critical habitat. The draft Petition
Management Guidance provides specific guidance on petition
identification, data/information submission standards, lead Region
responsibilities, timeframes for submitting 90-day and 12-month
findings, petition tracking, preparation of administrative findings and
notices, and petitioner notification. The draft guidance differentiates
among petitions requesting (1) actions petitionable under the
provisions of section 4(b)(3) of the Endangered Species Act, (2)
actions encompassed by other provisions of the Endangered Species Act,
and (3) actions petitionable only under the Administrative Procedure
Act.
The draft Petition Management Guidance identifies four petition
categories under section 4(b)(3) of the Act as follows:
(1) Petitions to list species that have not been identified by the
Service as candidates for listing,
(2) Petitions to list species that have been identified by the
Service as candidates for listing,
(3) Petitions to reclassify or delist species, and
(4) Petitions to revise critical habitat.
Under each of these four categories, situations are described to
assist Service employees and ensure consistency in the determination of
90-day and 12-month petition findings.
Ultimately, the Services intend to ensure that the petition process
serves its function by calling appropriate attention to situations
affecting the welfare of species or of any other change in biological
status of species that would justify rulemaking under section 4 of the
Act. In this manner, the petition process will operate consistent with
the Services' own listing priority system for species already
identified as candidates for listing under the Act.
Although the procedures and definitions in the Handbook are
supported by both Services, not all are applicable to the National
Marine Fisheries Service due to organizational differences between the
two Services, as well as the differences in the special character of
species under the jurisdiction of each Service. Further guidance
clarifying National Marine Fisheries Service specific organizational
requirements will be included in the final guidance.
Public Comments Solicited
The Services intend that a final decision on the draft Petition
Management Guidance take advantage of information and recommendations
from all interested parties. Therefore, comments or suggestions from
the public, other concerned governmental agencies, the scientific
community, industry, or any other interested party concerning this
draft guidance are hereby solicited. All comments and materials
received will be considered prior to the approval of a final document.
Author/Editor: The editors of this document are Sandra L.
MacPherson and Susan M. Lawrence, U.S. Fish and Wildlife Service,
Division of Endangered Species (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.)
Dated: July 11, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
Dated: November 9, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-31368 Filed 12-20-94; 8:45 am]
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