IPAA and API Joint Comments to the U.S. Fish and Wildlife Service & the National Marine Fisheries Service on the Proposed Revisions to the Regulations for Petitions Under the Endangered Species Act

IPAA and API Joint Comments to the U.S. Fish and Wildlife Service & the National Marine Fisheries Service on the Proposed Revisions to the Regulations for Petitions Under the Endangered Species Act

The United States Fish and Wildlife Service and the National Marine Fisheries Service proposed a series of amendments to the regulations at 50 CFR § 424.14 that govern the content and consideration of petitions filed with the Services pursuant to the Endangered Species Act. The proposed amendments are intended to “improve the specificity of petitions and to enhance the efficiency and effectiveness of the petition process to support species conservation.” IPAA and API strongly support the efforts of the Services to achieve those goals by, among other things: 1) requiring that petitions be limited to a single species; 2) requiring consultation with states prior to the submission of petitions; 3) ensuring that petitions identify, clearly label and append all reasonably available information relevant to the petitioned action and species, including information that may support a finding that the petitioned action is not warranted; 4) providing clear direction as to the information necessary for submission of a complete petition; and 5) clarifying that a petitioner’s submission of supplemental information after filing of a petition will re-start the statutory timeframe for review.

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