US Fish and Wildlife Service Publishes a Flurry of Federal Endangered Species Act Changes
Since Friday, the US Fish and Wildlife Service (“Service”) has published a flurry of Federal Endangered Species Act (“Act”) changes, including species reclassifications and other regulatory changes. These are summarized below, with links to the notices provided.
The Hawaiian Stilt (Kukuluae'o or Ae'o) is being reclassified from Endangered to Threatened by the Service. Photo by Marcus C. England of England|Ecology, taken August 24, 2023 at Kaloko-Honokōhau National Historical Park, Island of Hawaiʻi, Kalaoa, Hawaiʻi.
Reclassification of Razorback Sucker from Endangered to Threatened
On Friday, the Service published a notice that it is reclassifying the Razorback Sucker (Xyrauchen texanus) from endangered to threatened (downlist) under the Act. This includes the finalization of a 4(d) rule providing protections not otherwise provided by the Act for threatened species. The Razorback Sucker is a fish found within the Colorado River basin. It was listed as endangered under the Act in 1991.
Proposed Revisions Under Section 4(d) of the Act for Grizzly Bear
On Friday, the Service published a proposed rule to revise the protective regulations for the Grizzly Bear (Ursus arctos horribilis) in the lower-48 States under section 4(d) of the Act. The Service will accept comments on this proposed rule that are received or postmarked on or before August 17, 2026.
Reclassification of Hawaiian Stilt from Endangered to Threatened
On Monday, the Service published a notice that it is reclassifying the Hawaiian Stilt (kukuluae'o or ae'o, Himantopus mexicanus knudseni; a subspecies of the Black-necked Stilt (Himantopus mexicanus)) from endangered to threatened (downlist) under the Act. This includes the finalization of a 4(d) rule providing protections not otherwise provided by the Act for threatened species. The Hawaiian Stilt is a visually recognizable subspecies of the Black-necked Stilt found only on the Hawaiian Islands. It was listed as endangered under the Act in 1970.
Revision of Regulations for Designation of Critical Habitat and Removal of the “Blanket Rule” Option for Protecting Newly Listed Threatened Species
On Tuesday, the Service published two separate, and important, revisions to regulations that guide Act implementation.
Critical Habitat: Section 4(b)(2) requires consideration of the economic impact, the impact on national security, and any other relevant impact of designating any particular area as critical habitat and authorizes the exclusion of areas from critical habitat if the benefits of excluding the area outweigh the benefits of designating it as critical habitat. These revisions articulate when and how the Service will determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat (exclusion analysis).
Threatened Species: As found in the notice, “We are revising the regulations in 50 CFR part 17, subparts D and G. Section 4(d) of the Act gives the Secretary the authority and discretion to develop and revise regulations for protecting threatened species. We are removing the future use of the “blanket rule” option from 50 CFR 17.31 and 17.71 for threatened species. Removing the future use of the “blanket rule” option from 50 CFR 17.31 and 17.71 is a superior choice from a policy perspective. This approach ensures that the Service will thoughtfully consider the protections that are necessary and advisable for the conservation of each threatened species.”
Multiple Determinations on Species Proposed for Listing Under the Act
On Tuesday, the Service published multiple determinations on species proposed for listing under the Act:
San Francisco Estuary distinct population segment of White Sturgeon (Acipenser transmontanus): the Service found that listing as an endangered or threatened species is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants.
Florida Keys Mole Skink (Plestiodon egregius egregius): the Service issued a final rule to list this taxon as endangered under the Act.
Two Florida snake taxa: the Service issued a final rule to list the Key Ring-necked Snake (Diadophis punctatus acricus) and the Rim Rock Crowned Snake (Tantilla oolitica) as endangered under the Act.