The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the Endangered Species Act (“ESA”). The final rule will also include 4(d) rule provisions that specify when the ESA section 9 take prohibitions will apply to the beetle.
The American burying beetle, which gets its name from its tendency to burrow under vegetation or into soil during the daytime and throughout the winter hibernation season, is the largest ...
On September 13, 2019, the U.S. Fish and Wildlife Service (Service) posted a final rule removing the Foskett speckled dace (Rhinichthys osculus ssp.) from the federal List of Endangered and Threatened Wildlife. The dace, which was listed under the Endangered Species Act (ESA) as a threatened species in 1985, is being removed from the List of Threatened and Endangered Species on the basis of recovery. In its final notice, the Service indicates that the threats to the dace have been “eliminated or reduced to the point where [the dace] no longer meets the definition of an endangered or ...
On April 3, 2018, the U.S. Fish and Wildlife Service (Service) published a final to rule listing the yellow lance mussel (Elliptio lanceolata) as threatened under the Endangered Species Act (ESA). The final rule states that only seven populations of this freshwater mussel remain, all of which are located in Maryland, Virginia, and North Carolina. The listing was prompted by a mega-petition filed by the Center for Biological Diversity and several other environmental organizations in 2010 that included the mussel. In September 2015, after litigation had been filed regarding the ...
On January 27, 2016, the National Marine Fisheries Service (NMFS) issued a final rule designating approximately 29,763 nautical square miles of marine habitat for the North Atlantic right whale (Eubalaena glacialis). The critical habitat is comprised of two areas, with the first region in the Gulf of Maine and Georges Bank and the second region off the southeastern United States, extending from Cape Fear, North Carolina to Cape Canaveral, Florida. The final rule replaces prior critical habitat designations issued on June 3, 1994 and July 6, 2006. According to NMFS, the areas ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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