[PCA] Fwd: [fws-news] Services Solicit Public Comment on Proposed Revisions to Endangered Species Act Implementation Regulations

[De Angelis, Patricia]

The press release below announces the pending publication (in the next few
days) of a joint National Oceanic and Atmospheric Administration-Fisheries
and U.S. Fish and Wildlife Service proposal to amend regulations governing
Incidental Take Statements (ITS) for endangered species regarding the **Use
of “surrogates” to measure incidental take would improve program’s
implementation,
decrease unnecessary regulatory burden and costs.**

The proposed revisions will be available on these two websites:
www.regulations.gov and
www.fws.gov/policy/frsystem/default.cfm (click on the 2013 Proposed Rules
link under Endangered and Threatened Wildlife and Plants).

The proposal will open a public comment period for 60 days following the
date of publication in the *Federal Register.*

Details on the proposal and how to submit comments are in the press
release, below.

Apologies for cross-postings.


Patricia S. De Angelis, Ph.D.
Botanist, Division of Scientific Authority-US Fish & Wildlife
Service-International Affairs
Chair, Medicinal Plant Working Group-Plant Conservation Alliance
4401 N. Fairfax Dr., Suite 110
Arlington, VA  22203
703-358-1708 x1753
FAX: 703-358-2276

Promoting sustainable use and conservation of our native medicinal plants.
<www.nps.gov/plants/medicinal>

Follow International Affairs
> on Twitter  http://twitter.com/USFWSInternatl
> on Facebook   http://www.facebook.com/USFWS_InternationalAffairs


---------- Forwarded message ----------


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*Sent: *Thursday, August 29, 2013 1:59:45 PM
*Subject: *[fws-news] Services Solicit Public Comment on Proposed Revisions
to Endangered Species Act Implementation Regulations

**************************************************************

Contact: Gavin Shire

703-358-2549

gavin_shire at fws.gov



Connie Barclay, NOAA Fisheries
202-441-2398
connie.barclay at noaa.gov

* *

*Services Solicit Public Comment on Proposed Revisions to Endangered
Species Act Implementation Regulations *

* *

*Use of “surrogates” to measure incidental take would improve program’s
implementation, decrease unnecessary regulatory burden and costs***

In order to make the implementation of the Endangered Species Act (ESA)
more effective and less burdensome, the U.S. Fish and Wildlife Service and
the National Oceanic and Atmospheric Administration’s National Marine
Fisheries Service (the Services) are proposing to amend regulations
governing Incidental Take Statements (ITS) for endangered species.

An ITS describes the amount or extent of “incidental take” of a threatened
or endangered species (e.g., harm to that species) that is anticipated to
result from an action by a federal agency. ITSs are produced by the
Services as part of a biological opinion resulting from consultations with
the federal agency under Section 7 of the ESA.

The Services are proposing to change the regulations that implement Section
7 to codify the use of a surrogate, in appropriate circumstances, to
express the anticipated amount or extent of take. The changes will also
allow for flexibility in how the Services prepare ITSs in situations where
assessing and monitoring take of endangered and threatened species may be
extremely difficult, time-consuming or expensive.

The Services have found that in many cases, the biology of a listed species
or the nature of the proposed action makes it impractical to detect or
monitor take of individual animals. Additionally, impact to some species
may not be in the form of direct or immediate harm to individuals, but
rather a decrease in biological fitness due to reduced ability to breed or
shortened lifespan. In these cases, evaluating impacts to a “surrogate”
(e.g., habitat, ecological condition or similarly affected species) may be
the most reasonable and meaningful way to describe the amount or extent of
anticipated take of listed species.

“The endangered species act is a critical safety net for the nation’s fish,
wildlife and plants, and to date has prevented the extinction of hundreds
of imperiled species, as well as promoting the recovery of many others,”
said Gary Frazer, the Fish and Wildlife Service’s Assistant Director for
Ecological Services. “We welcome comment on this proposal as we take steps
to strengthen the implementation of the ESA by improving conservation
effectiveness, reducing administrative burden, enhancing clarity and
consistency for impacted stakeholders and agency staff, and encouraging
partnerships, innovation and cooperation.”

The Services are further proposing to codify the use of Programmatic
Incidental Take Statements for ongoing or long-term federal actions.
Programmatic Incidental Take statements would be authorized for use in
situations where a programmatic action undergoing Section 7 consultation,
such as a federal land use plan, is described in such general terms that
the amount or extent of incidental take of a species cannot reasonably be
measured, but where subsequent “step-down” consultations on individual
actions will occur where incidental take can be quantified.

These changes are meant to clarify and codify the current policy of the
Services regarding the use of surrogates, and to address recent court
decisions related to ITSs for programmatic federal actions.

The rule is consistent with Executive Order 13563, which calls for a
retrospective analysis of existing rules to make the agency’s regulatory
program more effective and less burdensome in achieving the regulatory
objectives, and was included in the Department of the Interior's *Final
Plan for Retrospective Regulatory
Review*<
http://www.doi.gov/open/regsreview/upload/DOI-Plan-for-Retrospective-Regulatory-Review-8-19-2011-Final-Version.pdf
>
*.*

For more information on the proposal, please visit
www.fws.gov/endangered/improving_ESA/ITS.html.

The proposed rule will publish in the *Federal Register* in the next few
days and will be available to the public at www.regulations.gov. The
*Federal
Register* publication of this notice will also be available at
www.fws.gov/policy/frsystem/default.cfm by clicking on the 2013 Proposed
Rules link under Endangered and Threatened Wildlife and Plants.

The Services are accepting comments for 60 days from the date of
publication in the *Federal Register*. All public comment must reference
the *Federal Register* docket number. The Service’s will make this number
available at www.fws.gov/endangered/improving_ESA/ITS.html as soon as it is
designated. Written comments and information can be submitted by one of the
following methods:

·         Electronically: Use the federal eRulemaking Portal at
www.regulations.gov. Follow the instructions for submitting comments to the
designated docket number

·         U.S. mail or hand-delivery: Public Comments Processing, [insert
docket number]; Division of Policy and Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203

The Services intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and be
as accurate and as effective as possible. Comments and materials, as well
as supporting documentation used in preparing the proposed rules, will be
available for public inspection at www.regulations.gov under the above
docket number. In addition, details on the kinds of information the Service
is seeking are available in each proposed rule.

The Services will post all comments on www.regulations.gov. This generally
means the agency will post any personal information provided through the
process. The Services are not able to accept email or faxes.

The Service is actively engaged with conservation partners and the public
in the search for improved and innovative ways to conserve and recover
imperiled species. To learn more about the Endangered Species Program,
visit www.fws.gov/endangered.

*NOAA’s mission is to understand and predict changes in the Earth's
environment, from the depths of the ocean to the surface of the sun, and to
conserve and manage our coastal and marine resources. Join us on Facebook,
Twitter and our other social media channels at
**www.noaa.gov/socialmedia*<http://www.noaa.gov/socialmedia>
*.***

* *

*The mission of the U.S. Fish and Wildlife Service is working with others
to conserve, protect and enhance fish, wildlife, plants and their habitats
for the continuing benefit of the American people. We are both a leader and
trusted partner in fish and wildlife conservation, known for our scientific
excellence, stewardship of lands and natural resources, dedicated
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