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DOI/FWS RIN: 1018-BF63 Publication ID: Fall 2024 
Title: Wildlife and Fisheries; Compensatory Mitigation Mechanisms 
Abstract:

FWS is proposing regulations that would provide for Service review and approval of compensatory mitigation programs and projects intended to offset, or compensate for, unavoidable impacts to a species listed under the Endangered Species Act of 1973, as amended (ESA), the habitat of such a species, a candidate for ESA listing, or a species otherwise at risk. FWS would establish effective standards and criteria that apply equally to all compensatory mitigation programs and projects. The proposed rule would advance the purposes of the ESA by promoting the effective, consistent, transparent, and predictable implementation of compensatory mitigation that is used to offset impacts to ESA-listed species or their habitats, candidates for listing, and at-risk species.

 
Agency: Department of the Interior(DOI)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 413   
Legal Authority: 16 U.S.C. 1531 et seq.    Pub. L. 116-283   
Legal Deadline:  None

Statement of Need:

This rulemaking action would address section 329 of the National Defense Authorization Act for Fiscal Year 2021, Objectives, Performance Standards, and Criteria for Use of Wildlife Conservation Banking Programs (NDAA 2021), which directed the Service to issue regulations establishing objectives, standards, and criteria for species conservation banking that shall, to the maximum extent practicable, maximize available credits and opportunities for mitigation. 

Summary of the Legal Basis:

16 U.S.C. 1531 et seq., Pub. L. 116-283.  

Alternatives:

-

Anticipated Costs and Benefits:

-

Risks:

-

Timetable:
Action Date FR Cite
ANPRM  07/27/2022  87 FR 45076   
ANPRM Comment Period End  09/26/2022 
NPRM  01/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Craig Aubrey
Chief, Division of Environmental Review, Ecological Services Program
Department of the Interior
United States Fish and Wildlife Service
5275 Leesburg Pike, MS: ES,
Falls Church, VA 22041
Phone:703 358-2442
Fax:703 358-1800
Email: craig_aubrey@fws.gov