American Oil and Gas Reporter - July 2022 - 15

IndustryDigest
Permian Basin. The association adds
that it also is consulting with state
regulators about possible implications.
❒
Biden Administration
Looks To Redefine
'Habitat' Under ESA
WASHINGTON-In a move that
press accounts indicate will nullify the
previous administration's rule that
" critical habitats " for a threatened or
endangered species must contain the
species in question for purposes of the
Endangered Species Act, the U.S Fish
and Wildlife Service and the National
Marine Fisheries Service say they are
seeking to rescind a Trump-era
regulatory definition of habitat.
According to the services, the
decision follows President Biden's
Executive Order 13990, which directs
all federal agencies to review agency
actions to ensure consistency with the
administration's objectives. The
services say that codifying a single
definition of " habitat " may impede their
ability to fulfill their obligations to
designate critical habitat based on the
best available science. They add that
eliminating the rule will provide clarity
and transparency to help the public
better understand what constitutes
habitat for given species.
" The growing extinction crisis
highlights the importance of the ESA and
efforts to conserve species before declines
become irreversible, " assesses Assistant
Secretary for Fish and Wildlife and Parks
Shannon Estenoz. She goes on to say that
the move returns ESA implementation
" into alignment with its original purpose
and intent and ensures that species
recovery is guided by transparent,
science-based policies and conservation
actions that preserve America's biological
heritage for future generations. "
Undersecretary of Commerce for
Oceans and Atmosphere and NOAA
Administrator Rick Spinrad maintains
that the action " strengthens our ability
to implement the ESA consistent with
its purposes of conserving and
recovering threatened and endangered
marine species. We will continue to use
the best available science to inform
critical habitat designations and fulfill
our foundational mandates that are at
the core of NOAA's mission. "
According to USFWS and NMFS,
critical habitat designations identify
those areas and habitat features essential
to recover listed species. Federal
agencies must ensure that actions
funded, permitted or conducted by those
agencies do not destroy or adversely
modify designated critical habitats.
" Critical habitat requirements do not
apply to actions on private lands unless
those actions involve the authorization
or funding of a federal agency, " the
agencies note. " The ESA recognizes
that areas that are either occupied or
unoccupied by the species may be
needed for recovery and authorizes their
designation as critical habitat. "
The services claim the Trump-era
habitat definition was " unclear,
confusing and inconsistent with the
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American Oil and Gas Reporter - July 2022

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