A Significant Policy For The Endangered Species Act
January 3, 2012, 2:32 PM EST
Law360, New York (January 3, 2012, 2:32 PM EST) -- On Dec. 9, 2011, the U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) jointly published draft guidance defining the phrase "significant portion of its range" for purposes of listing a species under the Endangered Species Act. See 76 Fed. Reg. 76987 (Dec. 9, 2011).
The act protects any species found to be endangered or threatened "throughout all or a significant portion of its range."
A clear and consistent interpretation of this phrase has proved elusive over the years, and the new...