Comments on the proposed changes must be received by 15 September 2008, either through the Federal eRulemaking Portal at www.regulations.gov or by US Mail. I urge you to file comments on the rule. If you do file comments, I suggest that you ask that the comment period be extended to at least 90 days. and that you point out that the changes would have the fox guarding the henhouse.
Among the provisions included in the proposed changes is one that would allow federal agencies to avoid consultation with the Fish & Wildlife Service when the effects on a listed species or its designated critical habitat "[a]re not capable of being meaningfully identified or detected in a manner that permits evaluation." And who gets to make the decision about whether that criterion is met? You guessed it. The agency who wants to do something that will affect a listed species.
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