Proposed Endangered Species Act Rule

The U.S. Fish and Wildlife Service recently re-opened the comment period on a proposed Endangered Species Act Rule.

The livestock industry has commented on the proposed rule on the economic impacts analysis of critical habitat designation under the Endangered Species Act.

Public Lands Council Executive Director Dustin Van Liew shares the industry supports the portion of the proposed regulation which would change transparency and public comment by providing the public access to both scientific and economic analyses when critical habitat is proposed.

However, Van Liew says other parts of the proposed rule would have the effect of rendering meaningless the economic impact analysis required under the ESA. The livestock comments focused primarily on ensuring the accuracy and comprehensiveness of the economic analysis.
Van Liew: “They need to fully analyze the economic impacts of not only the designation of critical habitat but from the beginning when they decide to list a species all the way through. One area where the ESA allows the agencies to not designate critical habitat is where the economic impacts or benefits of not listing that area out weigh the benefits to the species of making those designations.”

Van Liew adds the livestock industry believes Congress intended for all those impacts to be taken into account, to serve as a method to limit the reach of the ESA.