50 CFR Part 453 — Endangered Species Committee

PART 453—ENDANGERED SPECIES COMMITTEE Authority: Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., Source: 50 FR 8130, Feb. 28, 1985, unless otherwise noted. § 453.01 Purpose. This part prescribes the procedures to be used by the Endangered Species Committee when examining applications for exemption from section 7(a)(2) of the Endangered Species Act of 1973, as amended. § 453.02 Definitions. Definitions applicable to this part are contained in 50 CFR 450.01. § 453.03 Committee review and final determinations. (a) Final determinations. (1) It determines that based on the report to the Secretary, the record of the hearing held under § 452.05, and on such other testimony or evidence as it may receive: (i) There are no reasonable and prudent alternatives to the proposed action; (ii) The benefits of such action clearly outweigh the benefits of alternative courses of action consistent with conserving the species or its critical habitat, and such action is in the public interest; (iii) The action is of regional or national significance; and (iv) Neither the Federal agency concerned nor the exemption applicant made any irreversible or irretrievable commitment of resources prohibited by section 7(d) of the Act; and, (2) It establishes such reasonable mitigation and enhancement measures, including, but not limited to, live propagation, transplantation, and habitat acquisition and improvement, as are necessary and appropriate to minimize the adverse effects of the proposed action upon the endangered species, threatened species, or critical habitat concerned. Any required mitigation and enhancement measures shall be carried out and paid for by the exemption applicant. (b) Decision and order. Federal Register (c) Permanent exemptions. (1) Regardless of whether the species was identified in the biological assessment, and (2) Only if a biological assessment has been conducted under section 7(c) of the Act with respect to such agency action. Notwithstanding the foregoing, an exemption shall not be permanent if— (i) The Secretary finds, based on the best scientific and commercial data available, that such exemption would result in the extinction of a species that was not the subject of consultation under section 7(a)(2) of the Act or was not identified in any biological assessment conducted under section 7(c) of the Act, and (ii) The Committee determines within 60 days after the date of the Secretary's finding that the exemption should not be permanent. If the Secretary makes a finding that the exemption would result in the extinction of a species, as specified above, the Committee shall meet with respect to the matter within 30 days after the date of the finding. During the 60 day period following the Secretary's determination, the holder of the exemption shall refrain from any action which would result in extinction of the species. (d) Finding by the Secretary of Defense. § 453.04 Committee information gathering. (a) Written submissions. Federal Register (b) Public hearing. (2) The public hearing shall be conducted by (i) the Committee or (ii) a member of the Committee or other person, designated by the Chairman or by four members of the Committee. (3) Notice. Federal Register (4) Procedure. (5) Transcript. § 453.05 Committee meetings. (a) The committee shall meet at the call of the Chairman or five of its members. (b) Five members of the Committee or their representatives shall constitute a quorum for the transaction of any function of the Committee, except that in no case shall any representative be considered in determining the existence of a quorum for the transaction of a Committee function which involves a vote by the Committee on the Committee's final determinations. (c) Only members of the Committee may cast votes. In no case shall any representative cast a vote on behalf of a member. (d) Committee members appointed from the affected States shall collectively have one vote. They shall determine among themselves how it will be cast. (e) All meetings and records of the Committee shall be open to the public. (f) The Chairman shall publish a notice of all Committee meetings in the Federal Register. § 453.06 Additional Committee powers. (a) Secure information. (b) Subpoenas. (c) Rules and orders. (d) Delegate authority.

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