Revised Interagency Cooperative Policy Regarding the Role of State Agencies in Endangered Species Act Activities, 8663-8665 [2016-03541]
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
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the requirements of the Regulatory
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seq.), do not apply.
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various levels of government or between
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that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
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contain any unfunded mandate as
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Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
mstockstill on DSK4VPTVN1PROD with RULES
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
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List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 4, 2016.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
VerDate Sep<11>2014
16:09 Feb 19, 2016
Jkt 238001
8663
Gary
Frazer, Assistant Director for Ecological
Services, U.S. Fish and Wildlife Service,
18th and C Streets NW., Washington,
DC 20240; telephone 202/208–4646;
facsimile 703/358–5618, or Angela
Somma, Chief, Endangered Species
Division, National Marine Fisheries
Service, 1355 East-West Highway, Silver
Spring, Maryland 20910; telephone 301/
427–8403; facsimile 301/713–0376. If
you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
FOR FURTHER INFORMATION CONTACT:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.510, revise the entry for tea
in the table in paragraph (a)(1) to read
as follows:
■
§ 180.510 Pyriproxyfen; tolerances for
residues.
(a) * * *
(1) * * *
Parts per
million
Commodity
SUPPLEMENTARY INFORMATION:
*
*
*
Tea ........................................
*
*
*
*
*
*
*
*
*
15
*
*
*
[FR Doc. 2016–03608 Filed 2–19–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Chapter IV
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Chapter IV
[FWS–HQ–ES–2016–N017; FF09E00000 167
FXES11130900000]
Revised Interagency Cooperative
Policy Regarding the Role of State
Agencies in Endangered Species Act
Activities
Fish and Wildlife Service,
Interior, and National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of policy revision.
AGENCY:
The Fish and Wildlife Service
and National Marine Fisheries Service
announce an 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, and
associated regulations. The policy,
which is a revision of a policy issued in
1994, reflects a renewed commitment by
the Services and State fish and wildlife
agencies to work together in conserving
America’s imperiled wildlife.
DATES: February 22, 2016.
SUMMARY:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Background
Congress enacted the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.) (ESA or Act), to
establish a program for the conservation
of endangered and threatened species
and the ecosystems on which they
depend. The Secretaries of the Interior
and Commerce (hereafter referred to as
‘‘the Secretaries’’) have the
responsibility for administering the
ESA. The Secretaries have delegated
this responsibility to the U.S. Fish and
Wildlife Service of the Department of
the Interior and the National Marine
Fisheries Service of the Department of
Commerce (hereafter referred to as ‘‘the
Services’’).
The Services recognize 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 programs
authorized by the Act. The term State
agency means any State agency,
department, board, commission, or
other governmental entity that is
responsible for the management and
conservation of fish, plant, or wildlife
resources within a State.
E:\FR\FM\22FER1.SGM
22FER1
8664
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
State Involvement
In 1994, the Services published a
policy regarding the role of State fish
and wildlife agencies in implementing
the ESA (59 FR 34275; July 1, 1994).
That policy has been available on the
Services’ Web sites. We are now
updating and revising that policy. The
updated policy, developed in
coordination with the State fish and
wildlife agencies, reaffirms the
commitment for engagement and
collaboration between the Services and
State fish and wildlife agencies on many
aspects of ESA implementation, with
the understanding that this
collaboration is undertaken in the
context of the ESA’s statutory timelines.
The revised policy reflects a renewed
commitment by the Services and State
fish and wildlife agencies to work
together in conserving America’s
imperiled wildlife. The revised policy
also references the suite of ESA
conservation tools not available or in
common use when the policy was
originally developed in 1994. These
tools include Habitat Conservation
Plans, Candidate Conservation
Agreements with Assurances, and Safe
Harbor Agreements. All of these tools
are set forth in regulations in title 50 of
the Code of Federal Regulations in part
17.
Changes to the policy include more
proactive conservation of imperiled
species before they require protections
of the ESA, expanded opportunities for
engagement on listing and recovery
activities, and improved planning with
State agencies across a species’ range.
The revised policy follows:
Policy Regarding the Role of State
Agencies in Endangered Species Act
Activities
Section 6 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.) (ESA), directs the Secretaries of
the Interior and Commerce to cooperate
to the maximum extent practicable with
the States in carrying out ESA programs.
In furtherance of this provision of the
law, it is the policy of the U.S. Fish and
Wildlife Service and the National
Marine Fisheries Service to involve
State agencies as described in the items
listed below for the following ESA
activities:
mstockstill on DSK4VPTVN1PROD with RULES
A. Prelisting Conservation
1. Use 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. Use the expertise and solicit the
information of State agencies in
VerDate Sep<11>2014
16:09 Feb 19, 2016
Jkt 238001
conducting population status
inventories and geographical
distribution surveys to determine which
species warrant listing.
3. Use 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 the listing
priority is reduced or listing as
endangered or threatened is not
warranted. Encourage collaborative
conservation planning with State
agencies across the range of a species,
including, as appropriate, through State
Wildlife Action Plans, and work
collaboratively with State agencies to
facilitate voluntary conservation actions
on behalf of species before they reach
the point at which they need to be listed
as threatened or endangered under the
Act.
4. Work collaboratively with State
agencies to design and encourage the
use of Candidate Conservation
Agreements with Assurances to provide
non-Federal landowners with incentives
for engaging in voluntary proactive
conservation of species that are
candidates for listing under the Act.
B. Listing
1. Use the expertise of, and coordinate
and collaborate with, State agencies in
developing the scientific foundation
upon which the Services base their
determinations for listing actions,
including: 12-month petition findings;
proposed and final listing rules; section
4(d) rules that specify the prohibitions
necessary and advisable for the
conservation of species listed as
threatened; proposed and final critical
habitat designations; and proposed and
final rules to change the status of a
species from endangered to threatened
(or vice versa) or to remove a species
from the list.
2. Provide notification to State
agencies of any proposed regulation in
accordance with provisions of the Act
and coordinate with State agencies in
developing any work plans for future
listing activities.
C. Consultation
1. Inform State agencies of any
Federal agency action that is likely to
adversely affect listed species or
designated critical habitat, or that is
likely to adversely affect species
proposed for listing 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.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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. Use the expertise and solicit the
information and participation of State
agencies in all aspects of the habitat
conservation planning process.
2. Work collaboratively with State
agencies to the maximum extent
practicable to advance efficiency and
avoid duplication of effort when the
Services and the States both have
similar authority for permitting
activities related to threatened and
endangered species.
E. Recovery
1. Use 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. Use 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. Recognize and use the expertise
and authority of State agencies in
designing and implementing monitoring
programs for species that have been
removed from the Lists of Endangered
and Threatened Wildlife and Plants.
Unless preempted by Federal authority
(e.g., Marine Mammal Protection Act,
Bald and Golden Eagle Protection Act),
States possess primary authority and
responsibility for protection and
management of fish, wildlife, and plants
and their habitats, and are in an
E:\FR\FM\22FER1.SGM
22FER1
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
excellent position to provide for the
conservation of these species following
their removal from the lists.
4. Work collaboratively with State
agencies to design and encourage the
use of Safe Harbor Agreements to assist
in recovery of listed species.
mstockstill on DSK4VPTVN1PROD with RULES
Authors
The primary authors of this draft
policy are the staff members of the
Ecological Services Program, U.S. Fish
VerDate Sep<11>2014
16:09 Feb 19, 2016
Jkt 238001
and Wildlife Service, 5275 Leesburg
Pike, Falls Church, VA 22041 and staff
members of the Endangered Species
Division, National Marine Fisheries
Service, 1355 East-West Highway, Silver
Spring, Maryland 20910.
Authority
Frm 00027
Dated: February 5, 2016.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
Dated: February 10, 2016.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–03541 Filed 2–19–16; 8:45 am]
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
PO 00000
8665
Fmt 4700
Sfmt 9990
BILLING CODE 4333–15–P
E:\FR\FM\22FER1.SGM
22FER1
]]>Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8663-8665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03541]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Chapter IV
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Chapter IV
[FWS-HQ-ES-2016-N017; FF09E00000 167 FXES11130900000]
Revised Interagency Cooperative Policy Regarding the Role of
State Agencies in Endangered Species Act Activities
AGENCY: Fish and Wildlife Service, Interior, and National Marine
Fisheries Service, National Oceanic and Atmospheric Administration
(NOAA), Commerce.
ACTION: Notice of policy revision.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service and National Marine Fisheries
Service announce an 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, and associated
regulations. The policy, which is a revision of a policy issued in
1994, reflects a renewed commitment by the Services and State fish and
wildlife agencies to work together in conserving America's imperiled
wildlife.
DATES: February 22, 2016.
FOR FURTHER INFORMATION CONTACT: Gary Frazer, Assistant Director for
Ecological Services, U.S. Fish and Wildlife Service, 18th and C Streets
NW., Washington, DC 20240; telephone 202/208-4646; facsimile 703/358-
5618, or Angela Somma, Chief, Endangered Species Division, National
Marine Fisheries Service, 1355 East-West Highway, Silver Spring,
Maryland 20910; telephone 301/427-8403; facsimile 301/713-0376. If you
use a telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Congress enacted the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.) (ESA or Act), to establish a program for the
conservation of endangered and threatened species and the ecosystems on
which they depend. The Secretaries of the Interior and Commerce
(hereafter referred to as ``the Secretaries'') have the responsibility
for administering the ESA. The Secretaries have delegated this
responsibility to the U.S. Fish and Wildlife Service of the Department
of the Interior and the National Marine Fisheries Service of the
Department of Commerce (hereafter referred to as ``the Services'').
The Services recognize 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 programs
authorized by the Act. The term State agency means any State agency,
department, board, commission, or other governmental entity that is
responsible for the management and conservation of fish, plant, or
wildlife resources within a State.
[[Page 8664]]
State Involvement
In 1994, the Services published a policy regarding the role of
State fish and wildlife agencies in implementing the ESA (59 FR 34275;
July 1, 1994). That policy has been available on the Services' Web
sites. We are now updating and revising that policy. The updated
policy, developed in coordination with the State fish and wildlife
agencies, reaffirms the commitment for engagement and collaboration
between the Services and State fish and wildlife agencies on many
aspects of ESA implementation, with the understanding that this
collaboration is undertaken in the context of the ESA's statutory
timelines.
The revised policy reflects a renewed commitment by the Services
and State fish and wildlife agencies to work together in conserving
America's imperiled wildlife. The revised policy also references the
suite of ESA conservation tools not available or in common use when the
policy was originally developed in 1994. These tools include Habitat
Conservation Plans, Candidate Conservation Agreements with Assurances,
and Safe Harbor Agreements. All of these tools are set forth in
regulations in title 50 of the Code of Federal Regulations in part 17.
Changes to the policy include more proactive conservation of
imperiled species before they require protections of the ESA, expanded
opportunities for engagement on listing and recovery activities, and
improved planning with State agencies across a species' range. The
revised policy follows:
Policy Regarding the Role of State Agencies in Endangered Species Act
Activities
Section 6 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.) (ESA), directs the Secretaries of the Interior and
Commerce to cooperate to the maximum extent practicable with the States
in carrying out ESA programs. In furtherance of this provision of the
law, it is the policy of the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service to involve State agencies as
described in the items listed below for the following ESA activities:
A. Prelisting Conservation
1. Use 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. Use 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. Use 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 the listing priority is reduced or listing as endangered or
threatened is not warranted. Encourage collaborative conservation
planning with State agencies across the range of a species, including,
as appropriate, through State Wildlife Action Plans, and work
collaboratively with State agencies to facilitate voluntary
conservation actions on behalf of species before they reach the point
at which they need to be listed as threatened or endangered under the
Act.
4. Work collaboratively with State agencies to design and encourage
the use of Candidate Conservation Agreements with Assurances to provide
non-Federal landowners with incentives for engaging in voluntary
proactive conservation of species that are candidates for listing under
the Act.
B. Listing
1. Use the expertise of, and coordinate and collaborate with, State
agencies in developing the scientific foundation upon which the
Services base their determinations for listing actions, including: 12-
month petition findings; proposed and final listing rules; section 4(d)
rules that specify the prohibitions necessary and advisable for the
conservation of species listed as threatened; proposed and final
critical habitat designations; and proposed and final rules to change
the status of a species from endangered to threatened (or vice versa)
or to remove a species from the list.
2. Provide notification to State agencies of any proposed
regulation in accordance with provisions of the Act and coordinate with
State agencies in developing any work plans for future listing
activities.
C. Consultation
1. Inform State agencies of any Federal agency action that is
likely to adversely affect listed species or designated critical
habitat, or that is likely to adversely affect species proposed for
listing 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. Use the expertise and solicit the information and participation
of State agencies in all aspects of the habitat conservation planning
process.
2. Work collaboratively with State agencies to the maximum extent
practicable to advance efficiency and avoid duplication of effort when
the Services and the States both have similar authority for permitting
activities related to threatened and endangered species.
E. Recovery
1. Use 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. Use 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. Recognize and use the expertise and authority of State agencies
in designing and implementing monitoring programs for species that have
been removed from the Lists of Endangered and Threatened Wildlife and
Plants. Unless preempted by Federal authority (e.g., Marine Mammal
Protection Act, Bald and Golden Eagle Protection Act), States possess
primary authority and responsibility for protection and management of
fish, wildlife, and plants and their habitats, and are in an
[[Page 8665]]
excellent position to provide for the conservation of these species
following their removal from the lists.
4. Work collaboratively with State agencies to design and encourage
the use of Safe Harbor Agreements to assist in recovery of listed
species.
Authors
The primary authors of this draft policy are the staff members of
the Ecological Services Program, U.S. Fish and Wildlife Service, 5275
Leesburg Pike, Falls Church, VA 22041 and staff members of the
Endangered Species Division, National Marine Fisheries Service, 1355
East-West Highway, Silver Spring, Maryland 20910.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 5, 2016.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
Dated: February 10, 2016.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-03541 Filed 2-19-16; 8:45 am]
BILLING CODE 4333-15-P
