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Soundings Archive

OMB Approves and Interior Publishes ESA Consultation Rules
On December 10, 2008, the U. S. Office of Management and Budget approved controversial new rules on Endangered Species Act consultations, clearing the way for their promulgation as final rules. On December 11, 2008, the Department of Interior published the rules as final and held a press conference on them. The rules are issued jointly by the U. S. Fish and Wildlife Service and National Marine Fisheries Service. They "amend part 402 of title 50 of the Code of Federal Regulations, which implements section 7 of the Endangered Species Act of 1973, as amended (Act). The Services are proposing these changes to clarify several definitions, to clarify when the section 7 regulations are applicable and the correct standards for effects analysis, and to establish time frames for the informal consultation process."

These rules will affect the protections that the U.S. will require for marine mammals under the ESA. They also have climate change implications.

  • Click here to read ESA consultations rule

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