Endangered Species Law & Policy

On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The Final Rule updates penalties for violations of the Endangered Species Act, Marine Mammal Protection Act, Bald and Golden Eagle Protection Act, Lacey Act, and other statutes concerning federally protected animal species.

Under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461, as amended by the Inflation Adjustment Act, Public Law 114–74, 129 Stat. 584 (2015), each federal agency is required to issue annually a rule adjusting the statutory civil monetary penalties that can be imposed under the respective laws the agency administers. The Office of Management and Budget (OMB) provides agencies an adjustment multiplier that is based on the rate of inflation. In the preamble to the Final Rule, the Service states that periodically increasing the penalties’ dollar amounts ensures that these laws retain their deterrent effects and further the policy goals of the underlying statutes.

While the Final Rule should have been published by the Service no later than January 15, 2024, like in 2023, there was a minor delay. The Service published the Final Rule without an opportunity for public comment. Section 553(b) of the Administrative Procedure Act (5 U.S.C. § 551 et seq.) (APA) provides that the public notice and comment processes typically required under the APA are unnecessary for non-discretionary, ministerial rulemakings.

The Service’s penalty adjustments are based on OMB’s 2024 adjustment multiplier (1.03241), resulting in a year-over-year increase of 3.241% to the maximum civil penalties that the Service can assess per violation. These adjusted penalties, listed below, took effect upon publication of the rule and will remain in effect until the 2025 update.