Endangered Species Law & Policy

On December 17, 2020 the U.S. Fish and Wildlife Service (“USFWS”) published its 12-month finding that listing of the monarch butterfly (Danaus plexippus plexippus) is warranted but precluded by higher priority actions. With this finding, the monarch becomes a candidate species with a listing priority designation of “8.”  An “8” indicates the magnitude of threats to the monarch is moderate to low and those threats are imminent. In the announcement, the USFWS notes that 161 other species are currently prioritized above the monarch for listing consideration. Each year, the USFWS revisits the species status and listing priority as part of its annual Candidate Notice of Review. In related frequently asked questions, the USFWS indicates that it expects to revisit listing of the monarch in 2024. 

The USFWS’s announcement solicits any new information that may be relevant to its assessment of the monarch’s status. As we reported previously, in early 2020, the USFWS approved the “Nationwide Candidate Conservation Agreement for Monarch Butterfly on Energy and Transportation Lands” (“CCAA”). The CCAA and other ongoing federal, state, and local conservation efforts may ultimately provide enough monarch conservation that USFWS may revisit its conclusion that listing the monarch is warranted. On the other hand, recent data from the “Western Monarch Thanksgiving Count” indicates monarch numbers appear to be lower this year than in years past. Nossaman will continue to monitor and report on developments regarding the monarch’s status.