The U.S. Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA) Fisheries announced on June 23 that the agencies were rescinding a December 2020 rule defining habitat during critical habitat designations. According to the agencies, the ‘habitat’ definition rule prevented them from designating areas that did not currently meet a species’ needs, even if the area could in the future due to natural processes or reasonable restoration. They note that since “most species face extinction because of habitat degradation and loss, it is more consistent with the purposes of the ESA to enable the Services to designate critical habitat in a manner that protects listed species’ habitats and supports their recovery.”

“Today’s action strengthens our ability to implement the Endangered Species Act consistent with its purposes of conserving and recovering threatened and endangered marine species,” said Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator Rick Spinrad, Ph.D. “We will continue to use the best available science to inform critical habitat designations and fulfill our foundational mandates that are at the core of NOAA’s mission.”