The U.S. Fish and Wildlife Service (Service) and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries) propose revisions to four regulations that implement portions of the Endangered Species Act (ESA).
The Trump administration revised a suite of regulations under sections 4 and 7 of the ESA in 2019 to enhance regulatory efficiency and effectiveness. These rules were revised again by the previous administration in 2024.
The Trump administration also revised regulations under section 4(b)(2) of the ESA in 2020 to provide greater certainty on the process for excluding critical habitat and to strengthen collaboration with private landowners and other partners. This rule was rescinded in 2022.
In accordance with Executive Order 14154, "Unleashing American Energy," and Secretarial Order 3418, NOAA Fisheries and the Service have reviewed the prior ESA regulations. As a result, the agencies propose revisions to largely reinstate the regulatory framework established under the first Trump Administration. These proposed actions are intended to enhance transparency, clarity and efficiency in implementing the ESA.
The Service and NOAA Fisheries jointly propose measures to clarify and improve standards under which listing decisions and critical habitat designations are made. The agencies also propose changes to parameters under which federal agencies must consult with the Service and NOAA Fisheries to ensure their actions are not likely to jeopardize the continued existence of listed species, or destroy or adversely modify critical habitat.
The Service independently proposes a change in its approach to applying protections to threatened species. The Service proposes to remove its “blanket rule” option under section 4(d) of the ESA. This change will not affect the protections for species currently listed as threatened, but will ensure that species listed as threatened species in the future receive the protections tailored to the species' individual conservation needs.
Additionally, the Service is also proposing to revise regulations related to section 4(b)(2) of the ESA to provide criteria and clarify the processes by which the Service will implement the statutory requirements of designating critical habitat. These proposed revisions describe when and how we determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat.
All changes are being proposed as part of a transparent public process. The public is encouraged to provide input to ensure these regulations effectively advance the ultimate goal of the ESA—recovering endangered and threatened species to the point where they no longer require federal protection.
Public Comment
The proposed rules published in the Federal Register on November 21. Comments for each notice must be received within 30 days, by December 22. All comments will be published on http://www.regulations.gov.
To comment on any of these rules electronically, please click on the links below.
Additional means of commenting are provided in each Federal Register notice.
