More time for critical habitat rule comments

The U.S. Fish and Wildlife Service has announced that it is extending the public comment periods for two proposed new rules and a new policy, designed to improve the process for designating areas of critical habitat for animals listed under the Endangered Species Act, or ESA. The comment periods were due to close on July11 but have been extended to midnight on Oct. 9.

The proposed rules revise the definition of what is meant by “adverse modification,” a concept used in assessing the potential impact of an action on an area of critical habitat. Essentially, a planned activity that involves a federal agency in some way, through for example a federal permitting requirement, and that may impact the critical habitat of an ESA-listed species, must not cause an adverse modification to the habitat. The rules would also clarify the procedures and standards used for designating critical habitat, Fish and Wildlife said.

“The proposed policy would provide greater predictability, transparency and consistency regarding how the services consider exclusions from critical habitat designations under section 4(b)(2) of the ESA,” Fish and Wildlife said.

- ALAN BAILEY