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Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Subspecies of the Ringed Seal rule (2022)
| What is a significant rule? Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition. |
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The Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Subspecies of the Ringed Seal rule is a significant rule issued by the U.S. National Marine Fisheries Service (NMFS) effective May 2, 2022, that designated certain areas of the ocean as critical habitats for the arctic subspecies of the ringed seal.[1]
Timeline
The following timeline details key rulemaking activity:
- May 2, 2022: The final rule took effect.[1]
- April 1, 2022: The final rule was published.[1]
- April 8, 2021: The comment period closed.[1]
- January 8, 2021: A proposed rule was published.[1]
Background
The Endangered Species Act of 1973 (ESA) requires the protection of certain critical habitats for endangered species. Arctic ringed seals were listed as endangered under the ESA in 2012, and a proposed rule establishing their critical habitats was published in 2014. A federal court rejected the arctic ringed seal's endangered status in 2016, but the ruling was reversed in 2018. The 2022 final rule revised the critical habitat designation proposed in the 2014 rulemaking and designated a protected habitat for the species.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:
| “ | We, the National Marine Fisheries Service (NMFS), issue this final rule to designate critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under the Endangered Species Act (ESA). The critical habitat designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. Based on consideration of national security impacts, we have excluded an area north of the Beaufort Sea shelf from the designation.[1][2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
| “ |
We are designating as critical habitat a specific area of marine habitat in Alaska and offshore Federal waters of the Bering, Chukchi, and Beaufort seas, within the geographical area presently occupied by the Arctic ringed seal. This critical habitat area contains physical or biological features essential to the conservation of Arctic ringed seals that may require special management considerations or protection. We exclude from the designation a particular area of marine habitat north of the Beaufort Sea shelf that is used by the Navy for training and testing activities based on our finding that the benefits to national security of exclusion outweigh the benefits of designation. We have not identified any unoccupied areas that are essential to the conservation of the Arctic ringed seal, and thus we are not designating any such areas as critical habitat. In accordance with our regulations regarding critical habitat designation (50 CFR 424.12(c)), the map we include in the regulation, clarified by the accompanying regulatory text, constitutes the official boundary of the critical habitat designation.[2] |
” |
Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of the rule states that OMB deemed this rule significant but not economically significant:
| “ | OMB has determined that this rule is significant for purposes of E.O. 12866 review. A Final Impact Analysis Report has been prepared that considers the economic costs and benefits of this critical habitat designation and alternatives to this rulemaking as required under E.O. 12866.[2] | ” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Federal Register, "Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Subspecies of the Ringed Seal," April 1, 2022
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
