Endangered Species Act Compensatory Mitigation Policy (Final)
Jul. 30, 2018
The U.S. FWS is withdrawing the Endangered Species Act (ESA) Compensatory Mitigation Policy, published 27 December 2016 (ESA-CMP). In the document of November 6, 2017 we requested additional public comments regarding the policy's overall mitigation planning goal of net conservation gain. FWS is now withdrawing this policy. The Service does not have authority to require "net conservation gain" under the ESA, and the policy is inconsistent with current Executive branch policy. Except as otherwise specified, all policies or guidance documents that were superseded by ESA-CMP are reinstated. Withdrawal effective on 30 July 2018. POC is Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442 (Federal Register; 30 July 2018 [Rules and Regulations], pages 36469-36472).