Regulations for Designating Critical Habitat (Draft)
Sep. 8, 2020
USFWS propose to amend portions of our regulations that implement section 4 of the ESA. The proposed revisions set forth a process for excluding areas of critical habitat under section 4(b)(2) of the Act, which mandates their consideration of the impacts of designating critical habitat and permits exclusions of particular areas following a discretionary exclusion analysis. They want to articulate clearly when and how USFWS will undertake an exclusion analysis, including identifying a non-exhaustive list of categories of potential impacts for USFWS to consider. The proposed rulemaking would respond to applicable Supreme Court case law, reflect agency experience, codify some current agency practices, and make some modifications to current agency practice. The intended effect of this proposed rule is to provide greater transparency and certainty for the public and stakeholders. We will accept comments from all interested parties until 8 October 2020. POC is DOI, USFWS, Department of the Interior, Washington, DC 20240, tel: 202/208-4646.
(Federal Register 8 September 2020 [Proposed Rule] Pages 55398-55407)