The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) have announced a draft policy to provide interpretation of the phrase “significant portion of its range” in the Endangered Species Act's (Act's) definitions of “endangered species” and “threatened species.”
The notice provides a draft interpretation and application of “significant portion of its range” that reflects a permissible reading of the law and its legislative history and minimizes undesirable policy outcomes, while fulfilling the conservation purposes of the Act.
The draft policy is open for public comment. A final policy that will be provided as a consistent standard for interpretation of the phrase and its role in listing determinations that will be accorded deference by the federal courts.
Public comment period ends February, 7, 2012.
Click here to read the complete Federal Register Notice