U.S. Fish And Wildlife Service Issues Revised Mitigation Policies

On May 15, 2023, the U.S. Fish and Wildlife Service (Service) issued two mitigation policies: one titled "Mitigation Policy" and another titled "Endangered Species Act Compensatory Mitigation Policy." The Mitigation Policy provides a framework to inform Service mitigation procedure and policy, while the Endangered Species Act (ESA) Compensatory Mitigation Policy provides guidance on implementation of the ESA through compensatory mitigation mechanisms. The Service states that both policies are intended as guidelines for Service personnel to follow when providing species and habitat mitigation guidance to agencies and project proponents, and are not legally binding.

Mitigation is defined in the Mitigation Policy as "measures taken to avoid, minimize, and compensate for those impacts" resulting from proposed actions that adversely affect federally endangered, threatened, or at-risk species. The Mitigation Policy sets forth "fundamental principles" to guide the