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Regulations for Designating Critical Habitat (Draft)
Nov. 24, 2025
USFWS propose to amend portions of our regulations for section 4 of the ESA. Specifically, they propose to revise regulations related to section 4(b)(2) of the Act. Section 4(b)(2) requires consideration of the economic impact, the impact on national security, and any other relevant impact of designating any particular area as critical habitat; and authorizes the exclusion of areas from critical habitat if the benefits of excluding the area outweigh the benefits of designating it as critical habitat. These proposed revisions articulate when and how we determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat (exclusion analysis). This proposed rule reflects the Service's experience and existing case law. The intended effect of this proposed rule is to provide greater transparency and certainty for the public and stakeholders. Comments must be received by 22 December 2025. POC is John Tirpak, U.S. Fish and Wildlife Service, Division of Conservation and Classification, john_tirpak@fws.gov,703-358-2163. (Federal Register 21 November 2025 [Proposed Rule] Pages 52592-52599)
 

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Last Updated: January 22, 2018