Animal Welfare Institute
FWSRulemakingFWS-HQ-ES-2019-0115

Endangered and Threatened Wildlife and Plants; Revision of the Regulations for Designating Critical Habitat

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Animal Welfare Institute filed 1 comment on this docket between Nov 26, 2021 and Nov 26, 2021. 41 other organizations filed here. The comment window closed 1688d ago.

What Animal Welfare Institute filed (1)

Nov 26, 2021· Comment from Animal Welfare Institute· FWS-HQ-ES-2019-0115-41254

November 24, 2021 Via Federal eRulemaking Portal Public Comments Processing United States Fish and Wildlife Service 5275 Leesburg Pike Falls Church, VA 22041-3803 Re:Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, Docket No. FWS-HQ-ES-2019-0115 Dear Secretary Haaland: The Animal Welfare Institute ("AWI") submits the following comments in support of the proposal of the U.S. Fish and Wildlife Service ("USFWS") to rescind the final critical habitat exclusion regulations that were added to the implementing regulations of the Endangered Species Act of 1973, 16 U.S.C. §§ 1531–1544, ("ESA" or "Act"), and became effective in January 2021, 85 Fed. Reg. 82,376 (Dec. 18, 2020) ("Final Rule"). 86 Fed. Reg. 59,346 (Oct. 27, 2021). The Final Rule leaves areas that are essential to species' recovery unprotected, which places listed species in peril, undermining ESA implementation. AWI therefore supports the Services' proposed regulation to rescind the Final Rule and resume full implementation of the Policy and the regulations at 50 C.F.R. § 424.19. AWI supports rescission of the Final Rule for four primary reasons: (1) the Final Rule is arbitrary and capricious; (2) the Final Rule is more restrictive than the plain language of the ESA and reduces conservation of species' habitat;(3) the Final Rule provides extractive industries with undue influence in the critical habitat designation process; and (4) critical habitat designations do not significantly reduce private development. For a detailed discussion of these four issues, please see the attached document. Sincerely, Johanna Hamburger Director and Senior Staff Attorney Terrestrial Wildlife Program Animal Welfare Institute

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