McAfee & Taft RegLINC - July 2012: New rule governs designation of critical habitat under the Endangered Species Act By Jessica John Bowman


[author: Jessica John Bowman]

In a budget-saving move, the U.S. Fish and Wildlife Service and NOAA Fisheries Service issued a final rule revising the method by which the critical habitat of an endangered or threatened species is designated in the Federal Register. Previously, the Federal Register’s designation of critical habitat would include both a map depicting the critical habitat and a textual description of the habitat’s boundaries. Under the new rule, textual descriptions will no longer be required, and the maps published in the Federal Register will be the official delineation of the critical habitat.

Although some industry groups raised concerns about the clarity and usability of the maps published in the Federal Register, both Services intend to continue providing additional information to the public in order to clarify any ambiguities concerning habitat boundaries. For example, the coordinates from which the maps are generated will be included in the administrative record and will be maintained at the field office responsible for the designation. Also, the Services will continue to provide interactive maps and additional descriptions of habitat boundaries on the website of the Service promulgating the designation.

Developers and industry groups who are unclear about the boundaries set forth by the maps in the Federal Register should take advantage of these and other resources described on the Fish and Wildlife Service’s website.


Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McAfee & Taft | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.