Page:United States Statutes at Large Volume 92 Part 3.djvu/1132

 92 STAT. 3764

Regulation.

Ante, p. 3751.

Review and determination.

Regulations.

Publication in Federal Register.

Notice.

PUBLIC LAW 95-632—NOV. 10, 1978 respect to the taking of any resident endangered or threatened species.". SEC. 11. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended— (1) by adding at the end of subsection (a)(1) the following new sentence: "At the time any such regulation is proposed, the Secretary shall also by regulation, to the maximum extent prudent, specify any habitat of such species which is then considered to be critical habitat. The requirement of the preceding sentence shall not apply with respect to any species which was listed prior to enactment of the Endangered Species Act Amendments of 1978."; (2) by amending subsection (c)(1) by striking out "and shall", and by inserting immediately before the final period the following: ", and specify any critical habitat within such range"; (3) in subsection (c) by inserting at the end thereof the following new paragraph: "(4) The Secretary shall— "(A) conduct, at least once every five years, a review of all species included in a list which is published pursuant to paragraph (1) and which is in effect at the time of such review; and "(B) determine on the basis of such review whether any such species should— "(i) be removed from such list; "(ii) be changed in status from an endangered species to a threatened species; or "(iii) be changed in status from a threatened species to an endangered species. Each determination under subparagraph (B) shall be made in accordance with the provisions of subsections (a) and (b).". (4) by amending subsection (f)— (A) in paragraph (2)(A) by striking out "In" and inserting in lieu thereof "Except as provided in subparagraph (B), in"; (B) by inserting after subparagraph (A) of paragraph (2) the following new subparagraph: "(B) In the case of any regulation proposed by the Secretary to carry out the purposes of this section with respect to the determination and listing of endangered or threatened species and their critical habitats in any State (other than regulations to implement the Convention), the Secretary— "(i) shall publish general notice of the proposed regulation (including the complete text of the regulation), not less than 60 days before the effective date of the regulation— " (I) in the Federal Register, and " ( II) if the proposed regulation specifies any critical habitat, in a newspaper of general circulation within or adjacent to such habitat; "(ii) shall offer for publication in appropriate scientific journals the substance of the Federal Register notice referred to in clause (i)(I); _ "(iii) shall give actual notice of the proposed regulation (including the complete text of the regulation), and any environmen-

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