[From the Federal Register, July 1, 1994 (Vol. 59), p. 34275]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Endangered and Threatened Wildlife and Plants: Notice of
Interagency Cooperative Policy Regarding the Role of State Agencies in
Endangered Species Act Activities
AGENCIES: Fish and Wildlife Service, Interior, and National Marine
Fisheries Service, National Oceanic and Atmospheric Administration
(NOAA), Commerce.
ACTION: Notice of policy statement.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service and National Marine Fisheries
Service (hereafter referred to as Services) announce interagency policy
to clarify the role of State agencies in activities undertaken by the
Services under authority of the Endangered Species Act of 1973, as
amended (Act), and associated regulations in title 50 Code of Federal
Regulations.
EFFECTIVE DATE: July 1, 1994.
FOR FURTHER INFORMATION CONTACT: Jamie Rappaport Clark, Chief, Division
of Endangered Species, U.S. Fish and Wildlife Service, ARLSQ 452, 18th
and C Streets NW., Washington, DC 20240 (telephone 703/358-2171), or
Russell Bellmer, Chief, Endangered Species Division, National Marine
Fisheries Service, 1335 East-West Highway, Silver Spring, Maryland
20910 (telephone 301/713-2322).
SUPPLEMENTARY INFORMATION:
Background
The Services recognizes that, in the exercise of their general
governmental powers, States possess broad trustee and police powers
over fish, wildlife and plants and their habitats within their borders.
Unless preempted by Federal authority, States possess primary authority
and responsibility for protection and management of fish, wildlife and
plants and their habitats.
State agencies often possess scientific data and valuable expertise
on the status and distribution of endangered, threatened and candidate
species of wildlife and plants. State agencies, because of their
authorities and their close working relationships with local
governments and landowners, are in a unique position to assist the
Services in implementing all aspects of the Act. In this regard,
section 6 of the Act provides that the Services shall cooperate to the
maximum extent practicable with the States in carrying out the program
authorized by the Act. The term State agency means any State agency,
department, board, commission, or other governmental entity which is
responsible for the management and conservation of fish, plant, or
wildlife resources within a State.
Policy
In the following Endangered Species Act programs, it is the policy
of the Services to:
A. Prelisting Conservation
1. Utilize the expertise and solicit the information of State
agencies in determining which species should be included on the list of
candidate animal and plant species.
2. Utilize the expertise and solicit the information of State
agencies in conducting population status inventories and geographical
distribution surveys to determine which species warrant listing.
3. Utilize the expertise of State agencies in designing and
implementing prelisting stabilization actions, consistent with their
authorities, for species and habitat to remove or alleviate threats so
that listing priority is reduced or listing as endangered or threatened
is not warranted.
4. Utilize the expertise and solicit the information of State
agencies in responding to listing petitions.
B. Listing
1. Utilize the expertise and solicit the information of State
agencies in preparing proposed and final rules to: (a) List species as
endangered or threatened, (b) define and describe those conditions
under which take should be prohibited for threatened species, (c)
designate critical habitat, and (d) reclassify a species from
endangered to threatened (or vice versa) or remove a species from the
list.
2. Provide notification to State agencies of any proposed
regulation in accordance with provisions of the Act.
C. Consultation
1. Inform State agencies of any Federal agency action that is
likely to adversely affect listed or designated critical habitat; or
that is likely to adversely affect proposed species or proposed
critical habitat and request relevant information from them, including
the results of any related studies, in analyzing the effects of the
action and cumulative effects on the species and habitat.
2. Request an information update from State agencies prior to
preparing the final biological opinion to ensure that the findings and
recommendations are based on the best scientific and commercial data
available.
3. Recommend to Federal agencies that they provide State agencies
with copies of the final biological opinion unless the information
related to the consultation is protected by national security
classification or is confidential business information. Decisions to
release such classified or confidential business information shall
follow the action agency's procedures. Biological opinions, not
containing such classified or confidential business information, will
be provided to the State agencies by the Services, if not provided by
the action agency, after 10 working days. The exception to this waiting
period allows simultaneous provision of copies when there is a joint
Federal-State consultation action.
D. Habitat Conservation Planning
1. Utilize the expertise and solicit the information and
participation of State agencies in all aspects of the Habitat
Conservation Planning (HCP) process.
E. Recovery
1. Utilize the expertise and solicit the information and
participation of State agencies in all aspects of the recovery planning
process for all species under their jurisdiction.
2. Utilize the expertise and solicit the information and
participation of State agencies in implementing recovery plans for
listed species. State agencies have the capabilities to carry out many
of the actions identified in recovery plans and are in an excellent
position to do so because of their close working relationships with
local governments and landowners.
3. Utilize the expertise and authority of State agencies in
designing and implementing monitoring programs for species that have
been removed from the list of Endangered and Threatened Wildlife and
Plants. Unless preempted by Federal authority, States possess primary
authority and responsibility for protection and management of fish,
wildlife and plants and their habitats, and are in an excellent
position to provide for the conservation of these species following
their removal from the list.
Scope of Policy
The scope of this policy is Servicewide.
Authority
The authority for this policy is the Endangered Species Act of
1973, as amended (16 U.S.C. 1536).
Dated: June 27, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.
Dated: June 24, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-16026 Filed 6-30-94; 8:45 am]
BILLING CODE 4310-55-P