July 1, 2014 — On Friday, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service issued their final interpretation of the phrase "significant portion of its range" for the purposes of applying the Endangered Species Act (ESA). This phrase plays a key role in the listing and delisting of species, as it appears in the ESA's definition of "endangered species" and "threatened species." Specifically, under the ESA, an "endangered species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its range[,]" and a "threatened species" is defined as "any species which is likely to become an endangered species within the foreseeable future throughout all of a significant portion of its range." 16 U.S.C. 1532(6) & (20).
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