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FWSRulemakingFWS-HQ-ES-2025-0048

Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat

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Animal Welfare Institute filed 1 comment on this docket between Dec 23, 2025 and Dec 23, 2025. 122 other organizations filed here. The comment window closed 218d ago.

What Animal Welfare Institute filed (1)

Dec 23, 2025· Comment from Animal Welfare Institute· FWS-HQ-ES-2025-0048-12407

December 22, 2025 Submitted via Federal eRulemaking Portal Public Comments Processing Attn: FWS-HQ-ES-2025-0048 United States Fish and Wildlife Service 5275 Leesburg Pike Falls Church, VA 22041-3803 Re: Comments on Proposed Rulemaking Regarding Designation of Critical Habitat Under the Endangered Species Act, Docket Number FWS–HQ–ES–2025–0048 Dear Director Nesvik: The Animal Welfare Institute ("AWI"), on behalf of our members and supporters nationwide, submits the following comments in strong opposition to the U.S. Fish and Wildlife Service's ("USFWS" or "Service") proposed rulemaking that would revise the Service's regulations related to implementation of section 4(b)(2) of the Endangered Species Act ("ESA"), 15 U.S.C. §§ 1531, et seq. See 90 Fed. Reg. 52,592 (Nov. 21, 2025). The proposed rulemaking arbitrarily and capriciously reduces the conservation of habitat that is critical to species' survival, which is contrary to the mandate and purpose of the ESA. AWI is a nonprofit organization whose mission is to alleviate animal suffering caused by people. We seek to improve the welfare of animals everywhere: in agriculture, in commerce, in our homes and communities, in research, and in the wild. Since 1951, AWI has advanced its mission through strategically crafted policy and legal advocacy, educational programs, research and analysis, litigation, and engagement with policymakers, scientists, industry, educators, other NGOs, the media, and the public. We seek scientifically-grounded protections for animals in all settings, and robust enforcement of those protections. Through this rulemaking, USFWS proposes to reinstate the "critical habitat exclusion rule" at 50 C.F.R. § 17.90, which was added to the ESA's implementing regulations on December 18, 2020, and became effective in January 2021 ("Final Rule"). 85 Fed. Reg. 82,376 (Dec. 18, 2020); 86 Fed. Reg. 59,346 (Oct. 27, 2021). USFWS subsequently rescinded the rule in July 2022. 87 Fed. Reg. 43,433 (July 21, 2022). The Final Rule created non-discretionary procedures for undertaking critical habitat exclusion analyses under Section 4(b)(2) of the ESA. The Final Rule superseded the joint regulation on critical habitat exclusions contained in 50 C.F.R. § 424.19, and also superseded a 2016 policy ("2016 Policy") issued jointly by USFWS and the National Marine Fisheries Service (collectively "the Services"). The 2016 Policy articulated criteria for designating critical habitat for threatened and endangered species, and had broad implications for species' recovery under the Act. Reports on the unprecedented rate of biodiversity loss in the United States and globally, which is primarily driven by habitat destruction,2 makes it clear that the areas the Services choose to protect, and the nature of those protections, are essential to preventing extinction and to ensuring the long-term security of species. The Final Rule left areas that are essential to species' recovery unprotected, undermining implementation of the goals and purposes of the ESA, and placing listed species in peril. AWI therefore strongly opposes USFWS's proposed rule, which would reinstate the Final Rule, and urges USFWS to withdraw it. AWI opposes the proposed rule for four primary reasons: (1) the proposed language is less protective than the plain language of the ESA requires and reduces conservation of species' habitat; (2) the proposed rule is arbitrary and capricious; (3) the proposed rule provides extractive industries with undue influence in the critical habitat designation process; and (4) critical habitat designations do not significantly reduce private development. AWI specifically endorses and incorporates by reference the comments filed by the Southern Environmental Law Center on behalf of itself and numerous other public interest organizations, including AWI, on USFWS's proposed rulemakings, Docket Numbers FWS-HQ-ES-2025-0029, FWS-HQ-ES-2025-0039, FWS-HQ…

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Abstract

Please see the supporting and related materials in this docket for a document that summarizes the proposed rule.

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Co-filers (122)

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Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat (FWS) — Animal Welfare Institute | OpenPolis