County submits comments on regulations concerning endangered and threatened species

On Aug. 2, at the administrative public hearing, the Board of Mesa County Commissioners approved a letter to the U.S. Fish and Wildlife Service commenting on regulations concerning experimental populations for endangered and threatened species.

The letter states:

“Please accept the following as Mesa County’s comments regarding the U.S. Fish and Wildlife Service’s (“USFWS”) proposal to revise regulations concerning experimental populations for endangered and threatened species under the Endangered Species Act (“ESA”).

We are extremely concerned at the proposal to give the USFWS carte blanche at reintroducing species outside of their historic range. Of particular concern is that the change to this regulation is anticipated to fall under categorical exclusion found at 43 CFR 46.210(i) according to the Federal Register Notice, published on June 7, 2022.1

The decision to introduce a non-native species to an area without a thorough review of the environmental consequences and economic and socioeconomic impacts is in direct violation with the National Environmental Policy Act (“NEPA”) and disallows citizens, local, and state governments, and other federal agencies an opportunity to review and provide concerns. Should this proposed Rule be adopted, new locations for experimental populations should not be conducted as a categorical exclusion.

Adding to the concern of this proposed rule, is the recent repeal of the 2020 final rule that established the definition of habitat for designating critical habitat under the ESA. The lack of a regulatory definition for habitat only adds to the cloud of uncertainty and subjectivity that will result as the USFWS decides where to introduce experimental populations.

We ask that the proposed regulation to allow the USFWS free rein in locating experimental populations for endangered and threatened species under the Endangered Species Act be postponed until a new definition of habitat is constructed through an appropriate NEPA process.

Thank you for the opportunity to comment on the proposed changes to the Endangered and Threatened Species: Designation of Experimental Populations. We reserve the opportunity to comment further, should additional information become available.”