Environmental Assessment for Final Changes to the Definition of “Destruction or Adverse Modification” of Critical Habitat in the Endangered Species Act Regulations (50 CFR 402.02)

NOAA Fisheries and the US Fish and Wildlife Service are jointly publishing a final rule to revise the regulatory definition of "destruction or adverse modification" of critical habitat to replace the definition that was invalidated by U.S. Circuit Courts in 2001 and 2004. This rule formalizes guidance that was issued by NOAA Fisheries and the US Fish and Wildlife Service in 2004 and 2005, respectively.

We hope to send the Final Rule to OMB in August 2015.

During our 150 day review period, we solicited comments on whether an EA was necessary. We do not intend to solicit additional public comments on this action (or the NEPA process)