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“Experimental Populations” Final Rule: FWS’ Response to Climate Change Threats

Climate change and invasive species are jeopardizing already endangered and threatened species, prompting the U.S. Fish and Wildlife Service (FWS) to finalize its 2023 rule allowing experimental populations to be introduced into habitat outside their historical range, as long as the areas are capable of supporting the experimental population.

89 FR 12980

NMFS listed the Atlantic humpback dolphin as endangered under the ESA. 

89 FR 11750

FWS determined threatened species status under the ESA for the silverspot butterfly from Colorado, New Mexico, and Utah, and issued a rule under §4(d) under the Act to provide for the conservation of the species. 

89 FR 11208

NMFS listed the queen conch as a threatened species under the ESA. 

89 FR 8629

FWS announced a 90-day finding on a petition to list the Kings River pyrg as endangered or threatened under the ESA, finding that the petitioned action may be warranted and initiating a status review. 

89 FR 8391

FWS announced findings that listing the gray wolf in the western United States and in the northern Rocky Mountains as endangered or threatened species under the ESA are not warranted at this time.

89 FR 8137

FWS announced findings that listing two speciesthe north Oregon coast distinct population segment of the red tree vole and the Plateau spot-tailed earless lizard—as endangered or threatened species under the ESA is not warranted at this time. 

The ESA at 50

December 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction.

89 FR 4966

FWS initiated five-year status reviews under the ESA of 22 animal and plant species. 

89 FR 4884

FWS announced 90-day findings on petitions to list Betta hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest spring firefly, white-margined penstemon, and yellow-spotted woodland salamander, finding that listing may be warranted under the ESA.