50 CFR 402: Definition for "destruction or adverse modification"; Proposed Endangered Species Act Implementing Regulations

Docket ID: FWS-R9-ES-2011-0072
Agency: Fish and Wildlife Service (FWS)
Parent Agency: Department of the Interior (DOI)

The Fish and Wildlife Service and the National Marine Fisheries Service (Services) revised the definition of "destruction or adverse modification" contained within title 50 of the Code of Federal Regulations, section 402.02, to replace the invalidated definition of "destruction or adverse modification" of critical habitat with one that is consistent with the Endangered Species Act (ESA), its legislative history, and circuit court opinions. The revised definition provides the Services and other Federal agencies with greater clarity in how to ensure that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat, consistent with section 7(a)(2) of the ESA.

RIN: 1018-AX88
Impacts and Effects: None
CFR Citation: 50 CFR 402
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2016
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 16 U.S.C. 1531 et seq.
Legal Deadlines: None
Government Levels Affected: Federal, Local, State, Tribal
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM05/12/201479 FR 27060
NPRM Comment Period Extended06/26/201479 FR 36284
NPRM Comment Period Extended End10/10/2014
Final Action02/11/201681 FR 7214
Final Action Effective03/14/2016
Docket Details open glossary dialog  
Related RINs: None
Type: Rulemaking

Primary Documents

View All  (3)
Comment Period Closed
Oct 09, 2014 11:59 PM ET
Proposed Rule
Posted: 06/26/2014
ID: FWS-R9-ES-2011-0072-0024
Comment Period Closed
Jul 11, 2014 11:59 PM ET
Proposed Rule
Posted: 05/12/2014
ID: FWS-R9-ES-2011-0072-0001
Comment Period Closed
Posted: 02/11/2016
ID: FWS-R9-ES-2011-0072-0167

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Gary Frazer
Assistant Director, Endangered Species
202 208-4646
202 208-5618 (Fax)
Room 3242, 1849 C Street NW.
Washington, DC 20240
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.