[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16023]
[[Page Unknown]]
[Federal Register: July 1, 1994]
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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 for Endangered Species Act Section 9
Prohibitions
AGENCIES: Fish and Wildlife Service, Interior, and National Marine
Fisheries Service, National Oceanic and Atmospheric Administration
(NOAA), Commerce.
ACTION: Notice of policy statement.
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SUMMARY: The Fish and Wildlife Service and National Marine Fisheries
Service (hereafter referred to as Services) announce interagency
cooperative policy to establish a procedure at the time a species is
listed as threatened or endangered to identify to the maximum extent
practicable those activities that would or would not constitute a
violation of section 9 of the Endangered Species Act of 1973 (Act), as
amended, and to increase public understanding and provide as much
certainty as possible regarding the prohibitions that will apply under
section 9. By identifying activities likely or not likely to result in
violation of section 9 at the time a species is listed, the Services
intend to increase public awareness of the effect of the listing on
proposed and ongoing activities within a species' range.
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
Section 9 of the Act prohibits certain activities that directly or
indirectly affect endangered species. These prohibitions apply to all
individuals, organizations, and agencies subject to United States
jurisdiction. Section 4(d) of the Act allows the promulgation of
regulations that apply any or all of the prohibitions of section 9 to
threatened species. Under the Act and regulations, it is illegal for
any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or to attempt any of these), import or export,
ship in interstate or foreign commerce in the course of commercial
activity, or sell or offer for sale in interstate or foreign commerce
any endangered fish or wildlife species and most threatened fish and
wildlife species. It is also illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that has been taken illegally.
With respect to endangered plants, analogous prohibitions make it
illegal for any person subject to the jurisdiction of the United States
to import or export, transport in interstate or foreign commerce in the
course of a commercial activity, sell or offer for sale in interstate
or foreign commerce, or to remove and reduce to possession any such
plant species from areas under Federal jurisdiction. In addition, for
endangered plants, the Act prohibits malicious damage or destruction of
any such species on any area under Federal jurisdiction, and the
removal, cutting, digging up, or damaging or destroying of any such
species on any other area in knowing violation of any State law or
regulation, or in the course of any violation of a State criminal
trespass law.
Policy
It is the policy of the Services to identify, to the extent known
at the time a species is listed, specific activities that will not be
considered likely to result in violation of section 9. To the extent
possible, activities that will be considered likely to result in
violation also will be identified in as specific a manner as possible.
For those activities whose likelihood of violation is uncertain, a
contact will be identified in the final listing document to assist the
public in determining whether a particular activity would constitute a
prohibited act under section 9.
Scope of Policy
This policy applies for all species of fish and wildlife and
plants, as defined under the Act, listed after October 1, 1994.
Authority
The authority for this policy is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531-1544).
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. 94-16023 Filed 6-30-94; 8:45 am]
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