USFWS Seeks Comments On Compensation Goals In Recently Issued Species Mitigation Policies

Previously, we reported on the U.S. Fish and Wildlife Service's ("USFWS") issuance of the final ESA Compensatory Mitigation Policy ("ESA-CMP"), the first comprehensive treatment of compensatory mitigation under the Endangered Species Act. Endangered Species Act Compensatory Mitigation Policy, 81 FR 95316 (Dec. 27, 2016). The policy formalizes the Services' shift from project-by-project to landscape-scale approaches to planning and implementing compensatory mitigation. We also reported on the Services' issuance of a final revised Mitigation Policy in November 2016 intended to serve as an overall umbrella strategy under which more detailed Service sub-policies or guidance documents covering specific activities would be issued. U.S. Fish and Wildlife Service Mitigation Policy, 81 FR 83440 (Nov. 21, 2016). Both policies focus on using mitigation to achieve a "net conservation benefit."