Uncommon Ground

Proposed revisions to regulations implementing the US Endangered Species Act

The US Fish & Wildlife Service and the National Marine Fisheries Service are charged with implementing the US Endangered Species Act. On Wednesday, they will publish three proposed rules in the Federal Register that modify existing regulations by which they implement the act. The proposed rules deal specifically with

  • Criteria for listing of species as endangered or threatened and for designation of critical habitat,
  • Aligning the way in which protections to threatened species are applied between USFWS and NMFS, and
  • Changing requirements and procedures associated with interagency cooperation on activities that affect endangered species.

If you are interested in how the Endangered Species Act is implemented in the United States, I urge you to read the proposed changes. If you want to comment on them, you have two options (on or after Wednesday, 25 July):

  1. Go to the Federal eRulemaking Portal (http://www.regulations.gov), enter FWS-HQ-ES-2018-0006 in the search box, click on the “Proposed Rules” link, click on “Comment Now!”, and submit your comment.
  2. Deliver a hard copy of you comments by US mail or hand delivery to
    • Public Comments Processing, Attn: FWS–HQ–ES–2018–0006; U.S. Fish & Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803
    • National Marine Fisheries Service, Office of Protected Resources, 1315 East West Highway, Silver Spring, MD 20910.

If you submit comments, they will be posted at http://www.regulations.gov.

I expect to review the proposed changes over the next few weeks and to post my comments on each of the proposals here. Then I’ll collect them into a single comment and post them at http://www.regulations.gov. If you read my comments and disagree, please explain how and why you disagree in the comments. Your comments will make my the comments I share with USFWS and NMFS much better.

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