Field Offices informal guidance

scheduled conference calls to remind staff of the regulation and policy review. vi. Mitigation Actions – FWS Mitigation Policy In 2016, FWS finalized revisions to its 1981 Mitigation Policy, which guides FWS recommendations on mitigating the adverse impacts of land and water development on fish, wildlife, plants, and their habitats. 40 Some stakeholders believe the revised policy’s mitigation planning goal exceeds statutory authority. The FWS will solicit public review and comment for the purpose of evaluating the policy. The FWS anticipates that it will take 3 months to prepare the Federal Register Notice soliciting public review and comment on the policy. The FWS will then publish the Federal Register Notice with a 60-day comment period. Based upon comments received, FWS will decide whether and how to revise the policy. The anticipated benefits will be timely and practicable large magnet mitigation recommendations by FWS staff to energy developers (and others) that promote conservation of species and their habitats. Success will be measured by incorporation of recommendations without delays to the permitting or licensing process. The FWS Headquarters will provide FWS Regional neo magnet cube and Field Offices informal guidance through email and regularly scheduled conference calls to remind staff of the policy review. vii. FWS ESA Compensatory Mitigation Policy In 2016, FWS finalized its ESA Compensatory Mitigation Policy (CMP), which steps down and implements the 2016 revised the FWS Mitigation Policy (including the mitigation planning goal). The CMP was established to improve consistency and effectiveness in the use of compensatory mitigation. Its primary intent is to provide FWS staff large neodymium magnets

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with direction and guidance in the planning and implementation of compensatory mitigation. Some stakeholders believe the mitigation planning goal exceeds statutory authority. The FWS will solicit public review and comment for the purpose of evaluating whether it should modify the policy. Additional legal review will be undertaken after magnetic lifter comments are reviewed. The FWS anticipates that it will take three months to prepare the Federal Register Notice soliciting public review and comment on the policy. The FWS will then publish the

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