Source:  AGDAILY, 10/27/21

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NOAA Fisheries) are proposing to rescind two habitat regulations finalized in December 2020. The proposed actions would rescind the Services’ joint regulatory definition of “habitat” and FWS regulations that govern critical habitat exclusions. In December 2020, FWS issued a final rule that revised the process for considering critical habitat exclusions under the ESA. According to the FWS, the two groups re-evaluated the rule and conclude that decisions regarding whether a certain area qualifies as habitat for a species should instead be made on a case-by-case basis using the best available science.

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