USFWS Proposes Revisions to Critical Habitat Designations

The U.S. Fish and Wildlife Service (USFWS) has issued a new proposed rule that would modify the process of designating critical habitats under the Endangered Species Act (ESA). If finalized, the new regulation could potentially shrink critical habitats, which are areas essential for recovery of a species. Under ESA, critical habitats are to be designated “on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impact.” The law allows exclusion of certain areas if “the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat” unless the exclusion “will result in the extinction of the species concerned.” With the proposed regulation, USFWS intends to clearly lay out when and how it will undertake an analysis of whether to exclude certain lands from critical habitat. This includes identifying a “non-exhaustive list of categories of potential impacts” for USFWS to consider. Among the categories of “other relevant impacts” that may be considered, the proposed rule includes public health and safety; community interests; and the environment, such as increased risk of wildfire or pest and invasive species management. According to USFWS, the “benefits of exclusion may include avoidance of additional permitting requirements, time delays, or additional cost requireme...
Source: Public Policy Reports - Category: Biology Authors: Source Type: news