U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration Fisheries Rescind Regulatory Definition of “Habitat” Under the Endangered Species Act

Excerpt:  “To better fulfill the conservation purposes of the Endangered Species Act (ESA), the U.S Fish and Wildlife Service and the National Marine Fisheries Service (together the ‘Services’) will rescind a final rule, published in December 2020, which established a regulatory definition of ‘habitat’ specific to designation of critical habitat under the ESA. The decision follows Executive Order 13990, which directed all federal agencies to review and address agency actions to ensure consistency with Biden-Harris administration objectives. The Services conclude that codifying a single definition of ‘habitat’ could impede the Services’ ability to fulfill their obligations to designate critical habitat based upon the best available science. Eliminating the rule will provide clarity and transparency for the public in better understanding what constitutes habitat for given species.”