Advocacy Submits Comments to Departments of Interior and Commerce on Two Rules Modifying Policies and Procedures for Designating Critical Habitat

On October 27, 2021 the U.S. Department of the Interior’s Fish and Wildlife Service (FWS) along with the U.S. Department of Commerce’s National Marine Fisheries Service (jointly “Services”), published a proposed rule rescinding the 2020 final rule that added a definition of “habitat” to regulations implementing Section 4 of the Endangered Species Act.[1] On the same date, FWS published a proposed rule rescinding its 2020 final rule that revised policies and procedures for implementing exclusionary analysis when designating critical habitat.  The Office of Advocacy of the U.S. Small Business Administration (Advocacy) respectfully submitted the following comments. Rather than completely rescinding both 2020 rules, the Services should instead revise the rules to address agency concerns but retain provisions for regulatory transparency and certainty.

Comment Letter


[1]  16 U.S.C. § 1533 (a)(3)(A)(i).

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