ESA regulations
89 FR 23919
04/05/2024
Update Type
Final Rules

FWS revised its regulations concerning protections of endangered and threatened species under the ESA by reinstating the general application of the "blanket rule'' option for protecting newly listed threatened species pursuant to §4(d) of the Act, with the continued option to promulgate species-specific §4(d) rules, and extending to federally recognized tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of FWS and other federal and state agencies to aid, salvage, or dispose of threatened species.

Volume
54
Issue
6
Update Volume
54
Update Issue
11
89 FR 24300
04/05/2024
Update Type
Final Rules

FWS and NMFS finalized revisions to portions of their regulations that implement §4 of the ESA, concerning procedures and criteria used for listing, reclassifying, and delisting species on the lists of endangered and threatened wildlife and plants and designating critical habitat.

Volume
54
Issue
6
Update Volume
54
Update Issue
11
89 FR 24268
04/05/2024
Update Type
Final Rules

FWS and NMFS finalized revisions to portions of their regulations that implement §7 of the ESA concerning interagency cooperation procedures.

Volume
54
Issue
6
Update Volume
54
Update Issue
11
87 FR 37757
06/24/2022
Update Type
Final Rules

FWS and NMFS rescinded the final rule titled “Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat” that was published in December 2016; the recession removes the regulatory definition of "habitat" established by the rule. 

Volume
52
Issue
8
Update Volume
52
Update Issue
18
85 FR 47333
08/05/2020
Update Type
Proposed Rules

FWS and NMFS proposed to add a definition of “habitat” to regulations that implement §4 of the ESA; the proposal is intended to address the U.S. Supreme Court’s decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, 48 ELR 20196, that an area must logically be “habitat” in order for that area to meet the narrower category of “critical habitat” as defined in the Act.

Volume
50
Issue
10
Update Volume
50
Update Issue
24