Endangered Species Law & Policy

On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) made available pre-publication versions of the agencies’ long-awaited updates to regulations implementing sections 4 and 7 of the Endangered Species Act (ESA). The Services have finalized joint rules addressing interagency consultation requirements under ESA section 7 and the procedures for listing, reclassifying, delisting, and designating critical habitat for species under ESA section 4; and USFWS has finalized its reinstatement of that agency’s blanket ESA section 4(d) rule, which automatically extends the take prohibitions of ESA section 9 to species listed as threatened unless USFWS issues a species-specific rule. The blanket ESA section 4(d) rule was rescinded in 2019. Advocates for that rescission pointed to the fact that NMFS has long managed threatened species without a blanket 4(d) rule.

Nossaman previously reported on the proposed versions of the rules.

The final rules are expected to be published in the Federal Register in the coming days and will take effect 30 days after publication. Once published, the updated regulations will be available at 50 CFR Part 402 (ESA section 7), 50 CFR Part 424 (ESA section 4), and 50 CFR Part 17 (ESA section 4(d)).