ExecutiveOrdersEO
Memo 13563MemorandumObama · D

Presidential Memorandum 13563

Proposed Revised Habitat for the Spotted Owl: Minimizing Regulatory Burdens

This memorandum directs the Secretary of the Interior to revise regulations and procedures for designating critical habitat for the northern spotted owl, emphasizing economic impact analysis, active forest management including logging, and potential exclusions of private and state lands to minimize regulatory burdens. It requires a full economic analysis within 90 days and proposes changing the 1984 rule so economic analysis occurs simultaneously with rather than after scientific assessment.

Federal Register Open PDF 77 FR 12985

Impact dates

  1. Publish full economic analysis of proposed rule including job impacts for public comment

Key directives

  • Publish full economic analysis within 90 days including job impacts
  • Consider excluding private lands and state lands from final critical habitat
  • Develop clear direction for evaluating logging activity in critical habitat areas
  • Consider all public comments on science and economics
  • Provide maximum exclusion from final critical habitat consistent with law and science
  • Adopt least burdensome means of ESA compliance
  • Propose revisions to 1984 regulation for simultaneous economic analysis with proposed rule

Who is ordered

Timeline

Immediate

  • Publication of memorandum in Federal Register
  • Direction to begin 90-day economic analysis

Near term (90d)

  • Full economic impact analysis including job impacts due for publication and public comment
  • Consideration of private and state land exclusions
  • Development of logging evaluation direction for final rule

Long term

  • Proposed revision to 1984 regulation requiring simultaneous economic and scientific analysis
  • Final revised critical habitat designation
  • Potential shift toward 'active management' including logging in critical habitat areas

Risks & tensions

  • Tension between ESA species protection mandate and economic/regulatory burden minimization
  • Potential conflict with court-ordered habitat designation timeline
  • Scientific uncertainty: memo promotes logging as beneficial for species health, contrary to traditional 'hands off' approach
  • Vague standard for 'maximum exclusion' may create legal vulnerability
  • Simultaneous economic/scientific analysis requirement may delay future habitat designations or invite litigation
Presidential Memorandum 13563: Proposed Revised Habitat for the Spotted Owl: Minimizing Regulatory Burdens · Executive Orders