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May 25, 2004 (Volume 69, Number 101)]
Endangered Species Act Incidental Take Permit Revocation Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
amend part 17 of title 50 of the Code of Federal Regulations (CFR) to
add regulations that describe circumstances in which the Service may
revoke incidental take permits issued under the authority of the
Endangered Species Act (ESA). On December 11, 2003, the U.S. District
Court for the District of Columbia in Spirit of the Sage Council v.
Norton, Civil Action No. 98-1873 (D. D.C.), invalidated 50 CFR
17.22(b)(8) and 17.32(b)(8), the regulations addressing Service
authority to revoke incidental take permits under certain
circumstances. The court ruled that we had adopted these regulations
without adequately complying with the public notice and comment
procedures required by the Administrative Procedure Act (APA) and
remanded the regulations to us for further proceedings consistent with
the APA. In the Rules and Regulations section of today's Federal
Register is a final rule withdrawing the permit revocations regulations
in 50 CFR 17 vacated by the court order. In this document, we are
requesting public comments on our proposal to reestablish the permit
revocation regulations vacated by the court.
DATES: Comments must be received by July 26, 2004.
ADDRESSES: You may submit comments, identified by RIN number 1018-AT64,
by any of the following methods: (1)
Mail or hand delivery to the Chief, Division of Consultation, Habitat
Conservation Planning, Recovery and State Grants, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Room 420, Arlington, VA
22203; (2) FAX: 703/358-2229; (3) E-mail: email@example.com; or (4) through
the Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. All
submissions must include the identification number RIN 1018-AT64. The
complete file for this proposed rule, including public comments, is
available, by appointment, during normal business hours at the same
address. You may call 703/358-2171 to make an appointment to view the
FOR FURTHER INFORMATION CONTACT: Rick Sayers, Chief, Branch of
Consultation and Habitat Conservation Planning, at the above address
(Telephone 703/358-2171, Facsimile 703/358-1735).
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