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Timing of Economic Analysis for Critical Habitat Designations

The U.S. Fish and Wildlife Service (Service) and the National Oceanic Atmospheric Administration's (NOAA) Fisheries Service (the Services), the two Federal agencies responsible for administering the Endangered Species Act (ESA), are jointly proposing to simplify and clarify the process through which impact analyses are conducted for designations of critical habitat under the ESA.


The Houston toad (Bufo houstonensis) was the first amphibian granted Endangered Species Act protection. Critical habitat was designated in Bastrop and Burleson counties in Texas in 1978. Still, these areas support the largest known Houston toad populations.
 

The proposed regulation changes would require the draft economic analysis of the proposed designation of critical habitat to be made available for public comment concurrent with the publication of the proposed designation of critical habitat. Today's proposal was first outlined in a Presidential Memorandum seeking to improve transparency and public comment by providing the public access to both the scientific analysis and the draft economic analysis of a proposed critical habitat designation at the same time.

The proposed rule is also consistent with Executive Order 13563, which calls for a retrospective analysis of existing rules to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.

If the proposed rule is finalized, the Services will implement the changes after the effective date. Proposed critical habitat designations that are published prior to the effective date of any final regulation will continue to follow current practices.

 

Read the Proposed Revisions to the Regulations for Impact Analyses of Critical Habitat
View the News Release
View the Federal Register notice
View Frequently Asked Questions

 

PUBLIC COMMENT
The proposed rule is now available for public comment for 60 days and comments must be received on or before October 23, 2012. Written comments and information concerning this proposal must be submitted by one of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. [FWS-R9-ES-2011-0073]; or
  • U.S. mail or hand delivery: Public Comments Processing, Attn: [FWS-R9-ES-2011-0073]; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

The Services will post all comments on http://www.regulations.gov. This generally means any personal information provided through the process will be posted.

 

 



Last updated: August 28, 2012