[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17221]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Availability of Petition Management Guidance for 
Petitions Received Under the Endangered Species Act

AGENCY: 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 Petition Management 
Guidance. This document provides internal guidance for the management 
of petitions submitted to the Fish and Wildlife Service and the 
National Marine Fisheries Service 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 previously sought public comment on a 
draft of this guidance document.

DATES: The guidance became effective on June 25, 1996.

ADDRESSES: Persons wishing a copy of the 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 or the Division of Endangered Species, U.S. 
National Marine Fisheries Service, 1335 East-West Highway, Silver 
Spring, Maryland 20910.

FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of 
Endangered Species, U.S. Fish and Wildlife Service, at the above 
address (703/358-2171), or Robert Ziobro, Acting Chief, Division of 
Endangered Species, U.S. National Marine Fisheries Service, at the 
above address (301/703-1401).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b) 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 Petition Management 
Guidance provides specific guidance for the Services on petition 
identification, data/information submission standards, lead Region 
responsibilities, time frames for internal review of 90-day and 12-
month findings, petition tracking, preparation of administrative 
findings and notices, and petitioner notification. The 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 Petition Management Guidance identifies three petition 
categories under section 4(b)(3) of the Act as follows:
    (1) Petitions to list species,
    (2) Petitions to reclassify or delist species, and
    (3) Petitions to revise critical habitat.
    Under each of these three 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 consistently 
with the Services' own listing priority systems.

Public Comments

    The Services made available a draft of the petition management 
guidance through a notice published in the Federal Register on December 
21, 1994 (59 FR 65781). Comments received in response to that notice 
have been considered in formulating the final guidance document.

Author/Editor

    The editors of the final document are Dr. John J. Fay, U.S. Fish 
and Wildlife Service, Division of Endangered Species (see ADDRESSES 
section) and Marta Nammack, U.S. National Marine Fisheries 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: June 25, 1996.
John G. Rogers,
Director, Fish and Wildlife Service.
    Dated: June 24, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-17221 Filed 7-8-96; 8:45 am]
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