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USFWS Finalizes ESA Reforms for Species and Habitat Rules

USFWS Finalizes ESA Reforms for Species and Habitat Rules


By Scout Nelson

The U.S. Fish and Wildlife Service (USFWS) has finalized two rules under the Endangered Species Act (ESA) that will change how threatened and endangered species are managed in the United States. Both rules will take effect on August 20 and are intended to provide a more flexible approach to conservation.

The first rule amends Section 4(d) by eliminating the “blanket rule,” which previously applied endangered species protections to most threatened species unless a species-specific exception was issued. Going forward, USFWS will be able to create customized 4(d) rules that address the specific conservation needs of individual threatened species.

The second rule revises Section 4(b)(2), which governs critical habitat designations. Under the updated rule, USFWS will consider a range of factors, including economic and social impacts, when determining whether to designate critical habitat.

The revision also gives the agency greater discretion to exclude areas from critical habitat designations when the associated costs outweigh the benefits to the species. Supporters say these changes will encourage a more balanced approach to conservation while providing greater flexibility for affected communities and landowners.

Photo Credit: gettyimages-neil-burton

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