USFWS and NMFS Issue Joint Policy Interpreting ESA Listing Criteria

more+
less-

On Fridy, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service issued their final interpretation of the phrase "significant portion of its range" for the purposes of applying the Endangered Species Act (ESA).  This phrase plays a key role in the listing and delisting of species, as it appears in the ESA's definition of "endangered species" and "threatened species."  Specifically, under the ESA, an "endangered species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its range[,]" and a "threatened species" is defined as "any species which is likely to become an endangered species within the foreseeable future throughout all of a significant portion of its range."  16 U.S.C. 1532(6) & (20).  The accompanying announcement issued by USFWS states that under the new policy, which does not go into effect until July 31, 2014, a species could be listed "as threatened or endangered throughout its range if the best available science shows that the species is threatened or endangered in a vital portion of that range, the loss of which would put the species as a whole at risk of extinction."  The announcement also states that the "policy clarifies a species' 'range' as the geographical area within which that species is found at the time of the listing determination."  The website for the USFWS states that during the interim period between now and the policy's July 31 effective date, the USFWS "will consider the interpretations and principles in [the] final policy as nonbinding guidance in making individual listing determinations."

 

Written by:

Published In:

ESA

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.

© Nossaman LLP | 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.
×
Loading...
×
×