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Jul
07

NMFS Seeks Regulatory Reform Comments on ESA Pesticide Consultation Process

In accordance with several recently issued Presidential Executive Orders, the U.S. National Marine Fisheries Service seeks public comment on identifying existing regulations that: eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency or interfere with regulatory reform initiatives and policies; are inconsistent with the requirements of the Information quality Act; and/or derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. NMFS also seeks public comment on the efficiency and effectiveness of current regulatory processes, and specifically, if current regulatory processes can be further streamlined or expedited in a manner consistent with applicable law.

Comments are due to NMFS by August 21, 2017.

NMFS specifically includes Endangered Species Act consultations with other agencies within its request for comments. As NMFS’ Federal Register notice of its comment request explains:

  • “ The Endangered Species Act of
    1973 (ESA) provides for the
    conservation of species that are
    endangered or threatened throughout all
    or a significant portion of their range,
    and the conservation of the ecosystems
    on which they depend.
  •  Section 7(a)(1) coordination with
    other Federal agencies to help conserve
    listed species and the habitats on which
    they depend. Federal agencies, under
    section 7(a)(1) of the Endangered
    Species Act (ESA), must utilize their
    authorities to carry out programs to
    conserve threatened and endangered
    species. NOAA Fisheries assists these
    agencies with the development of these
    conservation programs for marine
    species.
  •  Section 7(a)(2) consultations (both
    formal and informal) with Federal
    agencies on Federal activities which
    may affect a listed species. For example,
    NMFS has endeavored to improve this
    consultation process by increasing the
    use of programmatic consultations for
    projects of a similar nature.”

Consequently, NMFS’ request for regulatory reform comments encompasses the pesticide ESA consultation process that NMFS is developing with EPA and the Fish and wildlife service.

Click here for more detail and relevant links.

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