DOI wants changes to ESA regulations

On Aug. 11 Secretary of the Interior Dirk Kempthorne announced proposed changes to the Endangered Species Act regulations that deal with responsibilities of different federal agencies in administering the act. According to the U.S. Department of the Interior, the proposed changes reflect current practices and recent court cases.

“The changes will make it easier for agencies to understand when and how the regulations apply,” DOI said. “While this rule will help avoid misuse of the ESA to regulate climate change, the rule will also generally improve the consultation process.”

And according to the proposed regulation changes “these regulations would reinforce the Services’ current view that there is no requirement to consult on greenhouse gas (GHG) emissions’ contribution to global warming and its associated impacts on listed species (e.g., polar bears).”

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (a branch of the National Oceanic and Atmospheric Administration) administer the Endangered Species Act — a federal agency must consult with Fish and Wildlife or NMFS before undertaking an action that may affect an endangered species. The clarification of the regulations will reduce the number of unnecessary consultations between agencies while continuing the requirement for consultations regarding impacts on listed species, DOI said.

The proposed changes also include required timelines, intended to “help limit the duration of informal consultation and lend greater certainty to the process,” DOI said.

“ESA consultations in the 21st century address increasingly complex issues. We need a regulatory framework to guide those consultations that is consistent with the ESA and will address new challenges such as climate change,” said Kempthorne. “The existing regulations create unnecessary conflicts and delays. The proposed regulations will continue to protect species while focusing the consultation process on those federal actions where potential impacts can be linked to the action and the risks are reasonably certain to occur. The result should be a process that is less time-consuming and a more effective use of our resources.”

The proposed regulation changes can be found on the DOI web site at http://www.doi.gov/news/08_News_Releases/AT50PR2008_08_13_FR.pdf.

—Alan Bailey