2023-13053: Endangered and Threatened Wildlife and Plants; Listing Endangered and Threatened Species and Designating Critical Habitat
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We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; collectively, the "Services"), propose to revise portions of our regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat.
The agency’s own summary, as published.
What this changes
Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.
Rulemaking docket
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Supporting & Related Material June 22, 202320230622 50-CFR-424 proposed revision-track changes
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Proposed Rule June 22, 2023Endangered and Threatened Species: Listing and Designating Critical Habitat
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Supporting & Related Material April 05, 2024Biodiversity on the brink: The consequences of a weakened Endangered Species Act by KATIE BLEAU (2020) | Yale Environment Review
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Supporting & Related Material April 05, 2024New Trump Rules Will Abet Loss of Climate-Threatened Species by Aimee Delach (2019)
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Rule April 05, 2024Endangered and Threatened Species: Listing and Designating Critical Habitat
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Supporting & Related Material April 05, 2024DOI Solicitors Opinion M-37021
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Supporting & Related Material April 05, 2024regulation text track changes
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Supporting & Related Material April 05, 2024USFWS Environmental Action Statement
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Supporting & Related Material April 05, 2024Categorical Exclusion for the Final Rule Amending 50 CFR Part 424, “Endangered and Threatened Wildlife and Plants; Revision of the Regulations for Listing Species and Designating Critical Habitat” (0648-BK47)
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Supporting & Related Material April 05, 2024Science Loses Ground to Economics With New Endangered Species Act Rules by Andy McGlashen (2019) | Audubon
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Supporting & Related Material April 05, 2024USFWS Environmental Action Statement
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Supporting & Related Material April 05, 2024Science Loses Ground to Economics With New Endangered Species Act Rules by Andy McGlashen (2019) | Audubon
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Supporting & Related Material April 05, 2024Comment from California Four Wheel Drive Association (Document ID FWS-R8-ES-2022-0166-0052)
Public comments
What people are saying
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Dustin Temple 2024-05-30
“See Attached”
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Anonymous commenter 2023-08-23
“See attached Comments of the Inter Tribal Association of Arizona, Inc. (ITAA) on the U.S. Fish and Wildlife Service, et. al's Three (3) Proposed Endangered Species Act Regulatory Revision Rulemakings at Docket ID Nos. FWS-HQ-ES-2021-0104; FWS-HQ-ES-2021-0107; FWS-HQ-ES-2023-0018.”
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American Association of Port Authorities (AAPA) 2023-08-23
“Please see the attached comments from the American Association of Port Authorities (AAPA).”
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Pacific Legal Foundation 2023-08-23
“Pacific Legal Foundation (PLF) and American Forest Resource Council (AFRC) submit this comment opposing specific provisions within the United States Fish and Wildlife Service’s and the National Marine Fisheries Service’s (together, the “Services”) proposed rule entitled “Endangered and Threatened Wildlife and Plants; Listing Endangered and Threatened Species and Designating Critical Habitat” (“Proposed Section 4 Rule”). First, PLF and AFRC oppose the Services’ removal of the requirement, established in their 2019 Section 4 Rules governing the designation of unoccupied critical habitat, that...”
1,875 more characters
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Associated General Contractors of America (AGC) 2023-08-23
“The Associated General Contractors of America (AGC) welcomes the opportunity to provide the attached feedback to the U.S. Fish and Wildlife Service, National Marine Fisheries Service (NMFS), and National Oceanic and Atmospheric Administration (NOAA) on the Endangered and Threatened Wildlife and Plants; Listing Endangered and Threatened Species and Designating Critical Habitat (88 Fed. Reg. 40,764).”
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