94-16023. Endangered and Threatened Wildlife and Plants: Notice of Interagency Cooperative Policy for Endangered Species Act Section 9 Prohibitions

[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 [phone]), or 
Russell Bellmer, Chief, Endangered Species Division, National Marine 
Fisheries Service, 1335 East-West Highway, Silver Spring, Maryland 
20910 (telephone [phone]).

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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