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Critical Habitat Exclusions

Nihoa Millerbird.

The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration's National Marine Fisheries Service (the Services) jointly proposed a policy that would provide predictability, transparency, and consistency regarding how the Services consider exclusions from critical habitat designations. Rather than cover the entire range of factors that may be considered as the basis for an exclusion in any given designation, the proposed rule provides the Services' position on how they consider non-permitted conservation plans and partnerships; conservation plans permitted under section 10 of the Endangered Species Act; tribal, military and federal lands; and economic impacts in the exclusion process.

This policy will serve to clarify the critical habitat exclusion process for federal and state agencies, tribes, and the public. It will also provide for a more defensible and predictable critical habitat exclusion process.

The Services are working to address comments received during the public comment period and plan to finalize the policy in summer 2015.

Read the news release

View the proposed policy

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Last updated: May 15, 2015