[20210125]IF11740_修订ESA关键栖息地条例的最终规则.pdf

https:/crsreports.congress.gov January 25, 2021Final Rules Amending ESA Critical Habitat RegulationsIn December 2020, the Trump Administration published two final rules amending certain regulations that implement the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.) as it relates to critical habitat. The first rule defines habitat, and the second clarifies when the U.S. Fish and Wildlife Service (FWS) may exclude certain areas from designation as critical habitat. The final rules are effective as of specified dates in January 2021 and apply only to critical habitat designations proposed after the rules take effect. The Biden Administration has indicated it will be reviewing these rules pursuant to Executive Order 13990. The ESA is implemented by the Secretary of the Interior, through the FWS, and the Secretary of Commerce, through the National Marine Fisheries Service (NMFS) in the National Oceanic and Atmospheric Administration. As defined in the ESA, the Secretary refers to either Secretary as appropriate. FWS and NMFS are jointly referred to as the Services. The ESA defines critical habitat to include areas that are occupied and unoccupied by the species at the time of listi